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 Mr. Joseph called the meeting to order at 5:30 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members

 Members and guests participated in the Pledge of Allegiance.

 Present:  13 Legislators.  Excused:  2 (Legislators McBean-Clairborne and Randall). Mr. Booth arrived at 5:32 p.m.

Presentation of Proclamation

 Mr. Joseph presented a proclamation to Patty Tvaroha, Adult Community Educator for the Advocacy Center, declaring April 7, 2006 as "Take Back the Night in Tompkins County".

Privilege of the Floor by the Public

 No member of the public wished to speak.

Presentation of Distinguished Youth Award

 In recognition of their dedication and commitment as youth representatives to the Ithaca City School District Board, Ms. Herrera, District No. 5 Legislator, presented six high school students with the Distinguished Youth Award. The students distinguished themselves by their articulate and thoughtful representation of youth issues on the Ithaca City School District Board. The recipients were Alex Ainslie, Allon Brann, Kelsea Jones, and Melissa Nozell from Ithaca High School as well as Dan Bartholamew and Lauren Shinagawa from the Alternative Community School.

Privilege of the Floor by Legislators

 Ms. Robertson, District No. 13 Legislator, called attention to the new "Life" section of the Ithaca Journal and said there was a report that featured a survey done by the Youth Services Department in today's edition dealing with Students' behavior around alcohol, drugs, and cigarettes.   Ms. Robertson  announced a town hall meeting will be held on April 27th at 7 p.m. at the Women's Community Building that will address the topic of underage drinking.  She also reported on an op-ed article in the Ithaca Journal that addressed a concern about kids not doing well in school as a result of a family having housing issues.  She said she made a connection to this and a study performed by Better Housing that found there is a correlation between improved school performance when housing needs are addressed.

 Mr. Dennis, District No. 15 Legislator, said he had an opportunity to visit Legislator McBean-Clairborne and her newborn daughter.

 Mr. Shinagawa, District No. 4 Legislator, spoke of the immigration debate going on across the country at the present time.  He said it seems to him that people are no longer talking about immigrants as human beings.  He said everyone needs to keep in mind that these are people with stories and families with backgrounds who have struggled in the United States and who have made a long-lasting impact for the betterment of this country.  Mr. Shinagawa spoke of the issue of affordable housing and said a big thing that is going on is the community impact statements that City of Ithaca Alderman Gelinas has proposed.  He said these are a very powerful tool in moving in the right direction when it comes to affordable housing in Tompkins County.

 Mr. Proto, District No. 7 Legislator, encouraged everyone to read an article in yesterday's issue of the Ithaca Journal with regard to consumer credit as it relates to credit cards.  He also reported on the April issue of "Grassroots", in which it was reported the New York Teacher of the Year Award has been presented to Michelle Sutton, a teacher from the local B.O.C.E.S. and the Danby School.   Mr. Proto said over the last few years efforts have been made to resurrect the Danby School as an agriculture, horticulture, and an environmental school so that individuals may have an opportunity to obtain an education in these areas at that location.  He said this is an excellent recognition for Ms. Sutton and Tompkins County.

Approval of Resolution(s) and Appointment(s) Under the Consent Agenda

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda:

RESOLUTION NO.  48  - AWARD OF CONTRACT- TERMINAL CAFÉ/GIFT SHOP –  ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, the café/gift shop contract with Aramark Corporation is due to expire on April 30, 2006, and
WHEREAS, a Request for Proposals (RFP) was duly advertised and four (4) proposals were received and the proposal from Fairweather Enterprises Inc., d/b/a/ The Second Landing, of Ithaca, New York, is deemed to be in the best interests of the airport and airport users, and
WHEREAS, the Air Service Board has reviewed the Airport Manager's recommendations and supports awarding the contract to Fairweather Enterprises Inc., now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be authorized to sign a five-year contract with Fairweather Enterprises Inc., commencing on May 1, 2006, and expiring on April 30, 2011.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 49 - AWARD OF CONTRACT- TERMINAL PARKING LOTS – ITHACA TOMPKINS REGIONAL AIRPORT

  MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, the parking lot contract with Standard Parking Corporation is due to expire on April 30, 2006, and
WHEREAS, a Request for Proposals (RFP) was duly advertised and three (3) proposals were received, and the proposal from Standard Parking Corporation of Cleveland, Ohio, is deemed to be in the best interests of the airport and airport users, and
WHEREAS, the Air Service Board reviewed the Airport Manager's recommendations and supports awarding the contract to Standard Parking, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be authorized to sign a three-year contract with Standard Parking commencing on May 1, 2006, with options to renew annually for a further two years until April 30, 2011.
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RESOLUTION NO.  50 - AWARD OF BID – EXTERIOR LANDSCAPING – ITHACA TOMPKINS REGIONAL AIRPORT

      MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

     WHEREAS, the contract with Pro-Lawn, Inc., for exterior-landscape maintenance at the Airport Terminal Building expired on March 31, 2006, and
  WHEREAS, the Finance Department advertised and received three bids for a 5-year contract to maintain the exterior landscaping of the airport terminal building, and
      WHEREAS, the Air Service Board has reviewed the bids and the lowest responsible bid was received from Green Scene of Ithaca, and
          WHEREAS, the total cost for the 5-year contract, beginning in the spring of 2006, will be $132,197.64, now therefore be it
     RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Green Scene of Ithaca,
      RESOLVED, further, That the County Administrator be and hereby is authorized to execute said contract with Green Scene of Ithaca.
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RESOLUTION NO. 51 - BUDGET ADJUSTMENT – ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Director of Finance be directed to make the following budget adjustment on his books:

Ithaca Tompkins Regional Airport
Revenue Acct           Title            Amt  Approp Acct  Title______________
5611.44592 Community Air     $  33,750 5611.54442 Professional Services
  Service Grant
5611.4592 Community Air     $140,000 5611.54333 Education and Promotion
  Service Grant
Explanation:  Continuation of Cornell Business Development Services Agreement.  Marketing and Airline Services.
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Approval of Appointment(s) Under the Consent Agenda

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

Environmental Management Council
 Robert Roe - Town of Danby; term expires December 31, 2007

Strategic Tourism Planning Board
Terms expire December 31, 2008
 Robert A. Steinkamp - Media representative
 Richard Adie - Hotels/Bed and Breakfast representative
 Kathryn Pearce - Culture representative

Hillview Road Landfill Citizens Advisory Committee
 Dooley Kiefer - Legislator representing the Facilities and Infrastructure Committee; term expires December 31, 2006

RESOLUTION NO. 52 – AMENDMENT OF RESOLUTION NO. 267 OF 2005 – AUTHORIZING THE COUNTY ADMINISTRATOR TO SEEK BIDS AND TO ENTER INTO A CONTRACT FOR SITE WORK INCLUDING THE CONSTRUCTION OR MODIFICATION OF TOWERS AT SITES NEEDED FOR AN 800 MHz TRUNKED DIGITAL COMMUNICATIONS SYSTEM

 MOVED by Mr. Booth, seconded by Mr. Hattery.  Mr. Proto disclosed that through his company, and other interests he is a holder of a small interest in Motorola and offered to abstain from voting on this resolution.   There was no request made for Mr. Proto to abstain from voting.

 Mr. Proto said the Town of Danby and Caroline Supervisors have written letters that outlined a series of questions with regard to what they thought this resolution approved.  Mr. Whicher and Mr. Shurtleff met with both supervisors and have provided answers to their questions.  He believes there is no longer an issue with their support of the resolution.   Mr. Booth called attention to a memorandum written to all Legislators by County Administrator Whicher.   He said the memo explains in detail the following reasons for this resolution:  the County was mistaken in December as to the actual estimate connected to the site work; in negotiations with Motorola some of the items were moved from the systems project to the site project; and the total of the site project and systems project is actually less than the figure projected in December by approximately $377,000.

 Ms. Kiefer said when the Legislature voted in December the bid process had not yet been completed and asked why the Legislature has not received a report on the bid results and why there is no information about that process contained in this resolution.   Mr. Shurtleff said there was a bid document released the first part of February and modified during the month of February.  There were three responses to the bid to do the site development work; it was all inclusive of everything that was outside of the contract that was done the last part of December to get the system up and running.  It included towers, site development work, shelters, generators, driveways, extension of utilities, etc.  Mr. Shurtleff said three bids were received from three different vendors that ranged from just slightly over $4 million to $4.3 million.   The next step is to finalize the contract negotiations with the lowest bidder and they have been going through that process for the past three to four weeks to clarify any exceptions that were taken and to request further documentation.  That contract will be processed over the next few days.    The contract is being authorized in the amount of $4.5 million so that any unforeseen items can be accommodated.

 A voice vote resulted as follows:  Ayes - 13, Noes - 0, Excused - 2 (Legislators McBean-Clairborne and Randall).  RESOLUTION ADOPTED.

 WHEREAS, Resolution No. 267 of 2005 authorized the County Administrator to seek bids and enter into a contract for site work upon completion of the bid process, including the provision of shelters and the addition or modification of towers construction and modifications at all identified sites in an amount not to exceed $2.5 million, and
 WHEREAS, the County has revised the specifications and added tasks to this phase of the project, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That Resolution No. 267 of 2005 be amended to increase the amount of $2.5 to not to exceed $4.5 million.
SEQR ACTION:  TYPE I (Environmental Impact Statement Prepared)

RESOLUTION NO. 53 - ESTABLISHING A TIERED FLAT-FEE STRUCTURE FOR  VEHICLES WITH A NET LOAD WEIGHT OF LESS THAN 1,000 POUNDS THAT TIP SOLID WASTE AT THE RECYCLING AND SOLID WASTE CENTER (RSWC)

 MOVED by Ms. Kiefer, seconded by Ms. Herrera.  Mr. Stevenson said he will oppose this resolution because he does not support continuing to use a $5 rate for cars and sport utility vehicles while adopting the three-tiered system for trucks.   Ms. Eckstrom spoke of a study performed last year in response to traffic issues at the Recycling and Solid Waste Center.  She said cars were taken off the scales to minimize wait lines, traffic problems, and bottlenecks.  She said if cars were reintroduced back on the scales they would actually be paying much more under the tiered-system.  A voice vote resulted as follows:  Ayes - 12, Noes - 1 (Legislator Stevenson); Excused - 2 (Legislators McBean-Clairborne and Randall).  RESOLUTION ADOPTED.

 WHEREAS, by Resolution No. 264 of 2005 the Legislature established a flat-fee structure for charging cars, pick-up trucks and full-sized vans for tipping of garbage at the Recycling and Solid Waste Center (RSWC), and
 WHEREAS, the Legislature established a five-dollar rate for cars, minivans, and sport utility vehicles and a ten-dollar rate for pick-up trucks and full-size vans, and
 WHEREAS, the implementation of the flat-fee structure has considerably improved the flow of traffic at the RSWC since its implementation on March 1, 2006, and
 WHEREAS, the ten-dollar flat-fee for pick-up trucks and full-size vans does not meet actual costs, and
 WHEREAS, a more equitable system would charge vehicles carrying large quantities of solid waste more than vehicles carrying significantly less waste, and
 WHEREAS, when initially discussed with the County Director of Weights and Measures he was informed by Regional New York State Weights and Measures staff that a tiered system was illegal, now he has received approval from the New York State Commissioner of Weights and Measures to administer this three-tiered system, and
 WHEREAS, by adopting a three-tier system for charging vehicles with net loads of garbage less than 1,000 pounds, the County can continue the flat-fee structure and ensure that the County does not suffer significant financial losses, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the tipping fee at the RSWC for vehicles with net loads of garbage less than 1,000 pounds shall be as follows:
 
 

    Weight  Flat Fee
0 to 333 lbs      $10
334 lbs to 666 lbs    $20
667 lbs to 999 lbs     $30

 RESOLVED, further, That these changes shall take effect on April 17, 2006,
 RESOLVED, further, That the five-dollar rate for cars, minivans, and sport utility vehicles remain in effect.
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Special Presentation

 At this time Heather Filiberto of the Planning Department introduced Jeffrey Carr, Vice President, and John Simson, Senior Analyst of  Economic and Policy Resources, Inc., who presented a report on the Tompkins County Housing Assessment Study.   A copy of the report is on file in the Legislature Office.

Chair's Report

 Mr. Joseph reported last week he met with Elliot Spitzer's Campaign Policy Director in New York City.   He said he felt it is a good time to discuss criminal justice issues as Mr. Spitzer is a candidate for New York State Governor.  Mr. Joseph went in part as a representative of NYSAC and spoke on behalf of counties across New York State.  He said it was an excellent meeting and felt the Policy Director took good notes, asked good questions, and seemed to be genuinely interested about the issues.  Mr. Joseph said he communicated to the Policy Director that a meeting with a delegation from counties across the State with Mr. Spitzer was desired and was directed to coordinate with other parties and let them know when they would like to meet.   Mr. Joseph said he is working with NYSAC to arrange this.

 Mr. Joseph said he received a call from the Community Relations Office at Cornell today with a request to meet with the new President of Cornell University, David Skorton.   Mr. Joseph said President Skorton has requested a one-on-one meeting on July 12th and encouraged Legislators to let him know of any topics they would like addressed at that meeting.

 Mr. Joseph announced the New York State Legislature adopted new legislation yesterday that allows counties to make a new decision about sales tax on clothing.  He said counties are now being given an opportunity to revisit the earlier decision that was made with regard to keeping the sales tax on clothing as the State removed its portion.  A decision needs to be made by May 15 with an effective date of June 1.    He said the City of Ithaca should be brought in on any discussions being held on this matter.

Report from the County Administrator

 Mr. Whicher reported he attended a meeting along with several others, including Cheryl Nelson, Public Works Administrator; Greg Potter, Director of Information Technology Services; Lee Shurtlefff, Director of Emergency Response; and Ed Marx, Commissioner of Planning and Public Works, to discuss emergency responsibilities.  He said a proposal will soon be brought forward to buy emergency generators.  Mr. Whicher also reported the search process for the Deputy County Administrator position is moving forward.

 Mr. Whicher requested an executive session to discuss litigation.

Report from the County Attorney

 Mr. Wood requested an executive session to discuss a personnel matter.

Report from the Finance Director

 Mr. Squires was not in attendance.

Addition of Resolution(s) to the Agenda

 There were no resolution(s) added to the agenda.

Withdrawal of Resolution(s) from the Agenda

 There were no resolution(s) withdrawn from the agenda.

Report from the Public Safety Committee

 Mr. Booth, Vice Chair, said the Committee has not met since the last Legislature meeting.  The next meeting will be April 6 at 3 p.m.

Report from the Workforce Diversity and Inclusion Committee

 There was no report from this Committee.

Report from the Health and Human Services Committee

 Mr. Proto, Chair, reported the Committee will meet tomorrow, April 7, 2006 at 3 p.m.

Report from the Facilities and Infrastructure Committee

 Ms. Kiefer, Vice Chair, reported the Committee met on March 28.  In addition to the items brought forward this evening, the Committee was informed of goals for the Weights and Measures program for 2006.   Mr. Ellis, Director of Weights and Measures, will be requesting permission from the State for the Solid Waste Division to charge a three-tired fee.  The Committee also discussed the proposed 20-year Capital Plan and will be bringing forward a recommendation.  Ms. Kiefer said the Committee heard an interesting report on an acoustic problem associated with the Human Services Building.  Last year a resident on North Plain Street complained about noise within his home.  Upon investigation it was found that a fan on the roof was causing the residence to experience noise from the system.   Staff made alterations and the problem was solved.  Recently, after changes recommended by energy Performance Systems to improve energy efficiency were made to the same Human Services Building roof unit, the same resident again experienced unacceptable noise levels in his home.  She noted how unpredictable and localized such problems are.  She said the Committee gave permission to Mr. LeMaro, Director of Facilities, to consult with an acoustical engineer to develop a solution to this problem.  Ms. Kiefer also reported the County's 5-year contract with C&S Engineers, the Airport's consultants, is coming to an end this year and the County will be issuing another request for qualifications at the end of May.  The Committee heard a report on goals for the Public Works divisions; the Committee felt the goals presented were in line with the Committee's goals.  The Committee goals were not acted upon as there were only three members in attendance at the time they were discussed.  Prior to the next meeting on April 11, the Committee will tour the Public Safety and Old Library buildings.

Report from the Planning, Development and Environmental Quality Committee

 Ms. Robertson, Chair, reported the Committee will meet on April 20 at 3 p.m.
 

Report from the Personnel Committee

 Mr. Dennis, Chair, reported the Committee will meet on April 12.  At that meeting the Committee will establish salaries for the two elected officials.  Mr. Dennis also reported negotiations will begin soon for the Corrections Unit and said the Sheriff's arbitration proceedings are moving forward.   He asked that members alert him if they are unable to attend that meeting, as there may be an issue with meeting quorum.

Report from the Government Operations Committee

 Ms. Herrera, Chair, reported the Committee has not met since the last Legislature meeting.  The next meeting will be April 19 at 3 p.m. at the Tompkins County Public Library.

Report from the Budget and Capital Committee

 Mr. Koplinka-Loehr, Chair, reminded Legislators that a copy of the budget calendar has been distributed and called attention to the budget retreat and said it will be held on April 27 from 6 to 9 p.m. at the Mental Health Building.

Report from the Strategic Planning Committee

 Mr. Koplinka-Loehr, Chair, had no report.

Approval of Minutes of March 13, 2006 and March 21, 2006

 It was MOVED by Ms. Kiefer, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the minutes of March 13, 2006 as submitted.  The minutes of March 21, 2006 were withdrawn from the agenda.

Recess

 Mr. Joseph declared recess from 7:40 p.m. to 7:45 pm.

Executive Session

 It was MOVED by Mr. Dennis, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to enter into executive session at 7:45 p.m. to discuss litigation and a personnel matter.  The meeting returned to open session at 8:00 p.m.

Adjournment

 The meeting adjourned at 8:00 p.m.