Tompkins County Legislature
Regular Meeting
June 1, 2004

Called to Order

    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 to the Flag.

    Present:  15 Legislators.  (Legislator Kiefer arrived 5:34 p.m., Legislator Schuler arrived
   5:55 p.m.); Excused:  2 (Legislators Kiefer and Schuler)

Presentation of Proclamation(s)

    Chair Joseph read the following proclamations and declared:

·    May 2004, Mental Health Awareness Month - accepted by Catherine Wedge of the Mental Health Association.
·    May 2004, Foster Care Month - accepted by Tim Stephenson of the Department of Social Services.  Mr. Stephenson thanked the Legislature and the one hundred foster families in Tompkins County for their continued support.
·    May 2004, Tompkins Community Action Month - accepted by Lee Dillon, Director of Tompkins Community Action.  Ms. Dillon thanked the Legislature for their support over the past thirty-eight years and invited members to the Annual Meeting on Friday, May 21, 2004, where Meg Powers will speak on the topic of energy.

Privilege of the Floor by the Public

    No member of the public wished to speak at this time.

Privilege of the Floor by Legislators

    Ms. Blanchard, District No. 1 Legislator, reported she had attended the opening of the new Offender Aid Restoration (OAR) offices located on West Seneca Street.  She provided informational brochures and noted the organization has a better facility, new staffing, and feels it will be a robust organization.  Ms. Blanchard then announced that as a result of a working partnership between Cornell University and the County, a Park Fellow will be working with the Air Service Task Force for the next several months.  The stipend for this individual is being funded by Cornell University.  She then called the Legislators' attention to three graphic plans displayed of transit authority buildings that will be constructed.

    Ms. Kiefer arrived at this time (5:34).

Ms. Robertson, District No. 13 Legislator, announced that the Finger Lakes Election Committee will have tables located at the Ithaca Festival and the Greater Ithaca Activities Center Festival.  Any individuals wishing to volunteer for a two-hour shift should contact Ms. Robertson.

Ms. Herrera, District No. 5 Legislator, announced the Ithaca Festival will take place this weekend.

Mr. Proto, District No. 7 Legislator, expressed his gratitude for members of the Legislature's attendance at Memorial Day functions.  He then provided an update on the Farm Service Agency's proposed relocation, stating that he had received communications from Congressmen Boehlert and Hinchey requesting any decision be postponed.  He thanked his fellow Legislators for their support in his efforts to maintain the Farm Service Agency offices in Tompkins County.  

Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of the May 23rd performance of the Jackie Robinson Marching Band and Steppers; this is a 100-strong, African-American youth group formed in the City of Ithaca.  She said this was a wonderful event and thanked all for their support and participation.

Mr. Lane, District No. 14 Legislator, announced that on June 12th the Dryden Dairy Day festival will take place.  He then said he is appalled that two months have passed without a State budget; as a result the County's budget planning is difficult.  He hopes that the Legislators will write to their State representatives to express their disapproval of the delay.

Privilege of the Floor by the Public


    Mr. Guy Gerard, City of Ithaca resident, spoke against the idea of a County Executive form of government.  Mr. Gerard feels that it should be kept out of the political arena and that the present form of government more clearly represents the residents of the County.  In addition, he expressed his belief that in the event a County Executive were elected, it would be difficult to remove and replace the individual if their job performance proved to be unsatisfactory.

Report from Municipal Official(s)

    Mr. Barber, Town of Caroline Supervisor, spoke of the intermunicipal group meetings that have taken place since February 2004 to discuss mutual benefits of intermunicipal cooperation.  He suggested that any Legislator that has not attended a meeting should do so to assist with moving forward on a variety of initiatives.  

    He then reported that at a recent Municipal Officers Association meeting a discussion regarding electronic voting equipment and centralization took place.  Members felt that insufficient data had not been gathered from municipalities and the municipal officials desired participation in any decision regarding this topic.  He provided Ms. Kiefer, Chair of the Consumer and Community Affairs Committee, with letters from the municipal officials expressing their desire to participate.  

    Ms. Kiefer informed Mr. Barber that at the next Consumer and Community Affairs Committee the topic of centralization will be discussed, these letters could not have come at a better time, since we are at the point in our study of needing input from the municipalities.
Chair's Report

    Mr. Joseph announced that he received a notice regarding Environmental Excellence Awards.  This award if for business, non-governmental organizations, government, municipality, or individual, and can be in three categories: innovations, sustainability, or partnership.  Individuals interested in nominations should contact Mr. Joseph.  

Report from the County Administrator

Mr. Whicher as a follow-up of the Cornell University partnership meeting, noted that the Air Service Task Force Park Fellow is a result of an arrangement with the partnership with Cornell University.  In addition, this partnership is working on health department issues as well as others.  He said the meeting was positive and will continue on a quarterly basis.

Report from the County Attorney

    Mr. Wood did not have a report.

Report from the Finance Director

    Mr. Squires reported that the recent foreclosure auction was a success with seventy bidders participating.  Of the properties available at the auction, all were purchased and resulted in a net gain of $65,000 with $21,000 in redemption fees.  He noted that all of the owner-occupied properties were redeemed prior to the auction.

Additions of Resolution(s) to the Agenda

    There were no resolutions added to the agenda.

Withdrawal of Resolution(s) from the Agenda

    There were no resolutions withdrawn from the agenda.

Approval of Resolution(s) Under the Consent Agenda

    It was MOVED by Mr. Booth, 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. 101 - AUTHORIZING PAYMENT OF DUES FOR THE NEW YORK WESTERN REGION COMMISSIONERS’ ASSOCIATION – DEPARTMENT OF SOCIAL SERVICES

    MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under Consent Agenda.

WHEREAS, Tompkins County Administrative Policy Section 01-08 on “Dues, Memberships, Subscriptions” has been referenced, and
WHEREAS, it has been determined that the annual payment of $25.00 for dues for the Commissioner of the Department of Social Services to participate in the New York Western Region Commissioners’ Association:

1.)    a. directly relates to the Commissioner’s position;

    b. directly benefits the performance of official duties and provides interaction and
        information that will increase the efficiency of County government; and,

2.)    is not of a personal nature, now therefore be it

RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to pay the annual dues of $25.00 to the New York Western Region Commissioners’ Association.
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RESOLUTION NO. 102   - AUTHORIZATION TO EXECUTE QUITCLAIM DEED – PROPERTIES REDEEMED BEFORE COUNTY AUCTION

    MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under Consent Agenda.

     WHEREAS, Tompkins County works with property owners to allow them to redeem their property  prior to auction, now therefore be it
    RESOLVED, on recommendation of Government Operations Committee, That the County Administrator is authorized to execute a Quitclaim Deed conveying property acquired by the County through 2004 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties, interest and fees as follows:

             Town of Danby                   15-1-10.9        Karen R. Brower
    Town of Danby                   26-1-8            Vance A & Patricia A. Woodward
    Town of Dryden               24-1-1.1         Jodie J. Hawks
    Town of Dryden                          45-1-28           Randy Hall
             Town of Dryden                         25-1-31.12      Anthony V. Ferro
             Town of Dryden                        30-1-30.22      Douglas N. Gillogly Jr.
    Town of Lansing                       33-3-20           John V. Marchell
             Town of Newfield                      2-1-6.3          Sandra E. Wintermute
             Town of Newfield                      2-1-6.6          Sandra E. Wintermute
             Town of  Enfield                         7-1-13.22       Robert A. & Ann B. Thomas

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RESOLUTION NO. 103 - AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS -SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION

    MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under Consent Agenda.

WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County, and
WHEREAS, said properties were sold, contingent upon Legislature approval, at public auction on May 26, 2004, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That upon payment in full of the bid price, plus current taxes and filing fees, the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at the public auction.
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Approval of Appointment(s) Under the Consent Agenda

    MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda:

Board of Human Rights Commissioners
Willard Ticknor Daetsch - Term expires December 31, 2006
Nathaniel C. Guest - Term expires December 31, 2006
Bryn Lovejoy-Grinnell - Term expires December 31, 2006

Tompkins County Youth Services Board
Maureen Kelly - City of Ithaca representative -Term expires December 31, 2006

RESOLUTION NO. 104 - DIRECTING THE COUNTY ATTORNEY TO PREPARE A LOCAL LAW REVISING THE CHARTER TO REFLECT A COUNTY EXECUTIVE FORM OF GOVERNMENT

    MOVED by Mr. Todd, seconded by Mr. Totman.  Mr. Todd said he does not feel the resolution will pass at this time and plans to follow Mr. Lane's Advice and refer the matter to the Government Operations Committee.  He wished to make the following points with regard to a County Executive form of government:  (1) this decision will require a change in the Tompkins County Charter, which will be a long and difficult process; (2) in order to change to a County Executive form of government it requires a referendum to be approved by the electorate of the County, not the Legislature; (3) the determination of duties, terms, etc. would be recommended by the Legislature; and (4) he believes the budget will not be able to be controlled until a County Executive form of government is in place.  Mr. Todd said many successful counties have County Executives in place and that very few now have County Administrators.

    Mr. Lane said he respects the position Mr. Todd has taken; he feels that the process of reviewing this form of County government being undertaken by the Government Operations Committee is the appropriate action to make an informed decision.  

    It was MOVED by Mr. Lane, seconded by Mr. Penniman, and unanimously approved by voice vote of members present to refer the matter of the following resolution to the Government Operations Committee.  MOTION CARRIED.

    WHEREAS, the County Charter currently provides that certain executive functions shall be performed by a County Administrator appointed by the Legislature (a “County Administrator” form of government), and
    WHEREAS, the County would benefit from a change in the Charter to provide for an elected County Executive (a “County Executive” form of government), and
    WHEREAS, the method of changing the Charter is to adopt a local law reflecting such changes, and
    WHEREAS, a change in the form of government would require extensive changes to the Charter as most sections of the Charter would have to be revised, and
    WHEREAS, the adoption of a local law changing the form of government would be subject to a mandatory referendum, and
    WHEREAS, if the Legislature desires to change the Charter to reflect a County Executive form of government the drafting of the local law should begin soon so that it could be adopted in time to be placed on the November 2004 General Election ballot as a referendum issue, and
WHEREAS, it would be wasteful and pointless to direct the County Attorney to draft a local law changing the form of government if, in fact, the Legislature wishes to maintain the current form of government, and
    WHEREAS, in the event that the Legislature does not wish to adopt a County Executive form of government it should reflect that decision by vote, now therefore be it
    RESOLVED, That the County Attorney is hereby directed to draft a local law revising the Charter to adopt a County Executive form of government.
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Report and Presentation of Resolution(s) from the Health and Human Services Committee

    Ms. Robertson, Chair, reported the Committee met on May 26th and will meet again on June 9th.  At the May 26th meeting Mr. Robert DeLuca, Deputy Mental Health Commissioner, spoke of the Single Room Occupancy (SRO) facility project that began approximately fourteen months ago.  This facility would provide approximately twenty-five beds available for mentally challenged individuals who may not have housing.

    Ms. Schuler arrived at this time (5:55 p.m.).

    Ms. Robertson said that Mr. DeLuca said the length of time to receive the funding, which was approved in the 2003 State budget, for the project is extraordinarily lengthy.  As a result, communications are taking place with Assemblywoman Lifton's Office to move this project along.  She said that communication from neighborhood groups expressing concern over the SRO will be responded to; however, at this time it is difficult since no determination has been made about the location of the SRO.  

Ms. Robertson reported that Department of Social Services Commissioner Carey and Mr. Herden, Director of Administrative Services for the Department, provided the 2003 report and noted that at the end of 2003 there was a net savings of $1.7 million when compared to what had originally been anticipated; this savings was due to two one-time events.  She said that actual spending on mandated programs was up approximately $2 million dollars, and the non-mandated programs were reduced by almost $1 million in 2003.  At this time the 2004 projections are to come in $500,000 under the budget for the local share, provided New York State does not make any significant changes in the proposed budgets.

    Ms. Robertson reported that the Finger Lakes Independence Center provided a report on their ramp program.  This program assists individuals to maintain residency in their homes subsequent to hospitalization.  In addition, the Committee heard a brief report from Tompkins Tioga Neighborhood Legal Services.  Ms. Robertson said the Committee also received an update from Ms. Stein of the County Office for the Aging on the long-term care point-of-entry programs.  She said that Tompkins County has been providing this service for many years.  In addition, she noted that at this time the State Department of Social Services and State Office for the Aging are in the process of determining which one will be the lead agency.

RESOLUTION NO.  105 - AUTHORIZATION TO ACCEPT COMMUNITY SOLUTIONS FOR TRANSPORTATION GRANT FUNDS AND ASSOCIATED BUDGET ADJUSTMENT

    MOVED by Ms. Robertson, seconded by Ms. Blanchard.  Ms. Kiefer asked whether the grant would be received as a lump sum or if it would be divided over time.  She was informed that the funds would be divided between the two applicable budget periods.  Mr. Winch asked what type of transportation it applied to.  Ms. Rob ertson said it includes subsidizing car loans and repairs, auto insurance, tires, AAA memberships, children's car seats, fuel cards, and taxi fare for eligible persons to assist them either in attaining or maintaining employment.  Ms. Blanchard noted the funding was due to a job access grant developed to assist individuals residing in the outlying areas of the County to obtain transportation.  She said that although it was designed for transit services, TCAT routes don’t reach all the individuals in the outlying areas, which resulted in the present program.  Mr. Proto inquired if the individuals from the Learning Web who recently attended a Legislature meeting would be eligible and it was recommended that they contact Ms. Bush of the Department of Social Services to discuss eligibility.  Mr. Lane congratulated the staff of the Department of Social Services for obtaining this grant.  He said the three-legged stool referred to gain independence from Social Services are child care, transportation, and education.  This grant assists in the transportation area.

    A voice vote on the motion resulted as follows:  Ayes - 15; Noes - 0.  RESOLUTION ADOPTED.

    WHEREAS Tompkins County’s Department of Social Services was recently apprised of an opportunity to access $210,199 of one hundred percent Federal funds to address the transportation needs of certain qualifying residents of the County over the next ten months, and
    WHEREAS the Department proposes to utilize these funds to subsidize car loans and repairs, auto insurance, tires, AAA memberships, children's car seats, fuel cards, and taxi fare for eligible persons to assist them either in attaining or maintaining employment, and
WHEREAS the bulk of the those funds would necessitate expenditures in this calendar year, which were not anticipated in the current 2004 budget, now therefore be it
    RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to accept and utilize this funding,
    RESOLVED, further, That the Director of Finance shall make the following budget adjustment on his books:

REVENUE:        A6010.44610        Federal: DSS Admin        $134,365
APPROPRIATION:    A6010.54404        Pass Through Expense        $134,365

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    Ms. Robertson announced there will be a meeting taking place with SunRx, a prescription services vendor regarding a County-offered prescription plan, on June 9th.

Report and Presentation of Resolution(s) from the Budget and Capital Committee

    Mr. Koplinka-Loehr, Chair, said the work of the Committee is reflected in the resolutions presented at this and a future meeting.  In addition, he reported the Committee approved a request to fill a deputy sheriff position.

RESOLUTION NO. 106 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2003 TO VARIOUS ACCOUNTS

    MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman.  Mr. Penniman spoke of the report he had prepared that provided historical information on the rollover process.  

    It was MOVED by Ms. Blanchard, seconded by Mr. Totman to amend the adjustment entitled Jail - Vehicle, to $55,000, for a total Jail adjustment of $105,000.  Mr. Winch inquired what the funds were for and was informed it would cover the purchase of a vehicle for the Corrections division.  A voice vote on the motion resulted as follows:  Ayes - 12; Noes - 3 (Legislators Herrera, McBean-Clairborne, and Schuler).  MOTION CARRIED.

    It was MOVED by Ms. Kiefer, seconded by Ms. Herrera, to add an adjustment entitled Human Rights - Salary for Receptionist Spring/Sum. '04, to $55,000, for a total Human Rights adjustment of $7,583.  Ms. Kiefer said it is an appropriate use for this department's rollover.  Ms. Martel-Moore, Humean Rights Department head, said she feels it is more cost effective to provide a transitional period for the individual currently in this position who would be required to seek public assistance if terminated at this time.  Mr. Koplinka-Loehr reported that the vote to eliminate this adjustment request was 3-2 at the Committee level.  Mr. Lane said at the Committee meeting he was in favor of maintaining this position through the summer.  Mr. Penniman said he believes many individuals utilizing the service could afford legal counsel.  Ms. Martel-Moore, Director of Human Rights, said that the majority of individuals coming to the Human Rights Commission for assistance cannot and that it is not allowed by New York State Law.  A discussion continued regarding the use of volunteer services for the work presently provided by this individual.  In addition it was noted that the Commissioner of Personnel is seeking other employment within the County suitable for a transfer for the individual.  Mr. Lane and Mrs. McBean-Clairborne said they feel the motion should be supported.  Mr. Booth said he will not support it, he feels that funds utilized for salary and fringes is inappropriate.  Ms. Martel-Moore noted the individual assists with bi-lingual clients.  A voice vote on the motion to add funding for the position resulted as follows:  Ayes - 11; Noes - 4 (Legislators Blanchard, Booth, Todd, and Totman).  MOTION CARRIED.

     A short roll call on the main motion resulted as follows - Ayes- 14; Noes - 1 (Legislator Booth).  RESOLUTION ADOPTED.

    WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2003 resulting in a surplus of $1,483,530 on the County’s books as of December 31, 2003, and
WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $753,154 in the current year budget, now therefore be it
RESOLVED, on recommendation of the Health and Human Services, Planning, Development and Environmental Quality, Public Safety, Government Operations, Consumer and Community Affairs, Facilities and Infrastructure, and Budget and Capital Committees, That the following transactions are approved:

BUDGET APPROPRIATION:
FROM:    General Fund Balance             $ 451,245
TO:    
Planning - Fiscal Imp. Analysis and other services    8020.54442    19,530
Planning - Printing comp plan, draft, final; environ. direct.    8020.54330      4,320
Planning - Advertising public meetings on comp plan    8020.54402      1,450    $ 25,300
Fire & EMS - Communications Equipment    3410.52222             35,000
Fire & EMS - Program Expense    3410.54400              15,000
Fire & EMS - EMS Assistant Director    4189.51000180     13,669
Fire & EMS - Fringes    4189.58800       5,331     $69,000
Probation Community Justice Center - Salary    3160.51000650        6,886    
Probation Community Justice Center - Fringes    3160.58800                2,685
Probation Community Justice Center - Fringes Adm Svs.    3160.58800                 150
Probation Community Justice Center - Comp. Equipment    3160.52206                2,000
Probation Community Justice Center - Inst. Books/Videos   3160.54332                3,000    $ 14,721
Sheriff – Professional Services    3113.54442              30,000
Sheriff - Vehicles    3113.52231            25,000
Sheriff – Misc. Equipment Purchases    3113.52220              7,277    $ 62,277
Jail - Vehicle    3150.52231             55,000
Jail - Professional Services    3150.54442             15,000
Jail - Cameras    3150.52220            35,000    $105,000
Weights & Measures - Computer Equipment    3630.52206      3,500
Weights & Measures - Office Supplies    3630.54303      1,500
Weights & Measures - Printing    3630.54330         300    $  5,300
County Clerk - Salary    1411.551000              27,491
County Clerk - Office Equipment                                    1410.52206                6,791
County Clerk - Salary                                                             1410.51000                9,500
County Clerk - Professional Services    1410.54442      5,300    $49,082
Board of Elections - Computer Equipment    1450.52206                4,060    
Board of Elections - Computer Software    1450.52230                   855
Board of Elections - Office Equipment    1450.54330                1,500
Board of Elections - Travel and Training    1450.54412                1,200    $   7,615
County Historian      7520.54400            1,000     $   1,000
Facilities – Maintenance Equipment    1620.52220              5,000     $  5,000
Recreation Partnership - Program Expense    7021.54400             10,461      $ 10,461
Tompkins Co. Legislature - Computer Equipment    1040.52206      1,244    $  1,244
Assessment - Project Assistants for Disclosure Hearings      1355.5100049        15,562     $ 15,562
County Attorney               1170.54442            2,058     $   2,058
Personnel - Fringe    1987.58800                4,346                   
Personnel - Professional Services    1430.54442            49,000
Personnel - Training                         1430.54412              6,696
Personnel - Salary    1431.51000            10,000    $  70,042
Human Rights - Salary for Receptionist Spring/Sum. '04         8040.51000506        3,566
Human Rights - Intern/Project Assistant Summer 2004    8040.51000049      2,940
Human Rights - Fringe    8040.58800      1,077    $  7,583
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RESOLUTION NO. 107 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2005 BUDGET

    MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd.  A modification of the language containing negotiated salary changes and associated fringe costs was accepted as friendly.  Mr. Winch inquired if the resolution holds departments "harmless" for salary increases and was informed that was the case.  Mr. Lane noted that as negotiations are taking place the department heads are unable to determine what the budget line would be.  Mr. Whicher noted that the resolution would provide the ability for the finance department to make adjustments due to expenditures.  A voice vote on the motion resulted as follows:  Ayes - 15; Noes - 0.  RESOLUTION ADOPTED.

    WHEREAS, the Tompkins County Fiscal Policy specifies that a fiscal target is the maximum amount of general revenue spending authority that a department head or program director may request without initiating an Over-Target Request, and changes in fiscal targets should be communicated to department heads and program directors as timely as possible in order for them to submit their budget requests by August 2, 2004, and
    WHEREAS, staff contracts will not be established in time prior to submission of the 2005 department budget requests, and
    WHEREAS, the Tompkins County Legislature wishes to establish targets for departments and agencies in preparing 2005 budget requests, now therefore be it
    RESOLVED, on recommendation of the Budget and Capital Committee, That fiscal targets for all budgeting units for preparation of the 2005 budget are hereby established as follows:
1.    For not-for-profit agency grants, the amount approved in the 2004 adopted budget less any over-target funding designated as one-time less any funds re-appropriated from previous years
2.    For Human Service and Criminal Justice agencies receiving reimbursement pursuant to the Sales Tax Agreement between the County and City of Ithaca, the fiscal target shall be equal to the current year appropriation, including the sales tax revenue, minus any one-time adjustments for prior years.  The target is now equal to the local county share.
3.    For all County departments, an amount equal to the general revenue portion of the 2004 adopted County budget, less any over-target funding designated as one-time, less any funds re-appropriated from previous years.
4.    Any salary changes and associated fringe costs or savings will be paid through or received by the General Fund.
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Report and Presentation of Resolution(s) from the Government Operations Committee

    Mr. Lane, Chair, reported the Committee met May 20th and spent the majority of the meeting discussing a County Executive form of government.  He said the Committee has visited Chemung County and plan to visit Chatauqua County in the near future.  Mr. Lane commented on the reports from the Assessment Department, noting there were 232 grievances out of 22,560 assessment modifications compared to 613 grievances out of 17,392 assessment modifications in 2003.  Mr. Lane then spoke of a resolution proposed at the Committee level that failed and will be brought forth as a member-filed resolution.  He then reported that Ms. Skinner, Public Information Officer, reported she is working with staff to develop working relationships with media contacts.  In addition, the Public Information Advisory Board has been discussing ways to promote citizen involvement to understand how State and County tax is determined and how the policies involve private lives.  Ms. Skinner also suggested reviewing the process of minute taking within the County.  Mr. Lane reported it was suggested by Ms. Herrera that the County review contracting policies and include the area of diversity and other areas within the discussions.

RESOLUTION NO. 108 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY - COUNTY ADMINISTRATION OFFICE


     MOVED by Mr. Lane, seconded by Ms. Herrera. Ms. Kiefer noted this resolution pertains to the former Deputy County Administrator.  A short roll call vote resulted as follows:  Ayes – 15, Noes – 0.  RESOLUTION ADOPTED.

     WHEREAS, County Administration had an employee, resign effective December 5, 2003, at a cost of $3,113 for terminal pay, and
    WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it
    RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance appropriate a total of $3,113 to the County Administration budget for terminal pay,
    RESOLVED, further, That the money be distributed to the following accounts:

FROM:  A1990.54440    Contingent Fund    $ 3,113
TO:        A1230.51000    Regular Pay            $ 2,451
              A1230.58800    Fringe                    $   662

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RESOLUTION NO. 109 - REVISION OF ADMINISTRATIVE MANUAL  POLICY NUMBERS 01-03 - TRAVEL/TRAINING AUTHORIZATION, AND 04-10 - TRAVEL AND TRAINING EXPENSE REIMBURSEMENT

     MOVED by Mr. Lane, seconded by Ms. Schuler.  Mr. Proto stated that there is not a policy requiring individuals to report to appropriate program committees the results of any training/conferences.  He believes that minimally a written report should be submitted.  A voice vote on the resolution resulted as follows:  Ayes - 15; Noes - 0.  RESOLUTION ADOPTED.

    WHEREAS, there is a need to revise the procedure for travel/training authorization and travel and training expense reimbursement, now therefore be it
     RESOLVED, on recommendation of the Government Operations Committee, That the following policies be adopted and incorporated into the Administrative Policy  Manual:

01-03 - Travel/Training Authorization
04-10 - Travel and Training Expense Reimbursement
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RESOLUTION NO. 110 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. b OF 2004 - A LOCAL LAW PROVIDING FOR ASSESSMENTS TO BE CONDUCTED AT PERIODS PROVIDED BY RESOLUTION OF THE COUNTY LEGISLATURE

    MOVED by Mr. Lane, seconded by Mr. Booth.  Mr. Lane said this member-filed resolution would require a local law to amend the current assessment policy.  He is bringing this forward now as a determination of this matter would need to be known by July for budgetary purposes.  A discussion ensued with varied opinions on this topic.  Ms. Herrera felt that it would not be appropriate to modify the assessment procedure, indicating to put it in a political position of modification as outlined in the resolution was inappropriate.  Mr. Lane said that the resolution was brought forward as the Assessment Department needed guidance prior to budget preparation.  In addition, he expressed concern regarding the State funding for annual assessment may not be available in the future.  If the County were to go to a three-year assessment schedule there would be no funding for two years but would be in the third.  Mr. Lane said we are one of the few counties within the State that have undertaken annual assessments.  

Mr. Penniman noted that some individuals property taxes are more than they had paid for their homes.  He inquired what the Assessment Director's opinion on the matter was and was informed by Ms. Coggin, Director of Assessment, that she believes that while it is a lot of work, annual assessments make it more equitable and fair.  In addition, Ms. Coggin stated she did not believe there would be any financial benefit to three-year assessments.  

Ms. Robertson said that she believes the problem to be taxes, not assessments, and recommended involvement with PushBack.  Mr. Proto indicated he believes part of the County's difficulty is the land banking of property by non-taxable entities.  Mr. Joseph believed this resolution would only create further discussions on the wrong issue; that the issue is more to do with mandates and spending; more time spent on the assessment issue would put everyone off-track.  
Mr. Lane said he believes the education provided by the Assessment Department has led to a better understanding of the process, but to deny a public hearing does not allow input.  

Ms. Kiefer feels the ability to adjust the schedule annually would be a disservice to residents and she 110will not support the resolution.  

Mr. Todd and Mr. Totman both said three-year assessments are too long a period.  

Mrs. McBean-Clairborne said she often hears complaints about taxes, but hears about the assessments more.  

Mr. Totman spoke of previous attempts to have people discuss this issue and said he has tried without success.  He does not believe it could happen.

A voice vote on the motion occurred as follows:  Ayes - 5 (Legislators Blanchard, Booth, Lane, McBean-Clairborne, and Proto); Noes - 9.  MOTION FAILED.

     WHEREAS, the County Department of Assessment currently performs annual assessments of properties in the County, and
WHEREAS, the annual assessment has placed an excessive burden on the Assessment Department causing the Department to request additional staff, and
    WHEREAS, the County Legislature believes that it would be in the best interest of the public to be able to modify the present assessment periods, now therefore be it
    RESOLVED, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, June 15, 2004, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. b of 2004 - A Local Law Providing for Assessments to be Conducted at Periods Provided by Resolution of the County Legislature.  At such time and place all persons interested in the subject matter will be heard concerning the same,
    RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County.
SEQR ACTION:  TYPE II-20
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Report from the Communications Capital Projects Committee

     Mr. Penniman, Chair, reported that the Emergency Response Center is virtually complete.  At this time there is a slight delay for the cutover date due to the need to complete telephone connections.  It is anticipated that this will occur by late July.  In addition, the cooperative effort with the Town of Ithaca for the construction of a new tower location on South Hill is continuing.  He said that at this time all the necessary information has been gathered to negotiate a contract with Motorola for this project.

Report and Presentation of Resolution(s) from the Public Safety Committee

    Ms. Blanchard, Chair, said the Committee will meet on Thursday, June 3rd at 2:00 p.m.  The first half of the meeting will be continued discussions with Jacobs Facilities consultants with the goal of formulating all the information necessary to provide a presentation to the full Legislature on July 6th.  

RESOLUTION NO. 111 – PROGRAM RECONFIGURATION – SHERIFF’S OFFICE

    MOVED by Ms. Blanchard, seconded by Mr. Booth.  A voice vote resulted as follows:  Ayes - 12; Noes - 0; Excused - 3 (Legislators Koplinka-Loehr, Proto, and Winch temporarily out of room).  RESOLUTION ADOPTED.

    WHEREAS, the Sheriff’s Office is divided into four programs known as Civil, Uniform, Criminal Investigation, and Court Security, and
    WHEREAS, the current program configuration is artificial in that staff assignments and program responsibilities are interchangeable and do not reflect the function of the agency as it is currently organized, and
    WHEREAS, the current program configuration has caused confusion during the budget review process of mandated payments, mandated responsibilities and locally controlled spending, now therefore be it
    RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That effective with the 2005 budget, programs be reorganized to form three Budgeting Units: Civil, Uniform (Law Enforcement Division), and Court Security,
    RESOLVED further, That Program 4200, Uniform Division be renamed Law Enforcement Division,
    RESOLVED further, That the following programs be combined to form one program known as Program 4200, “Law Enforcement Division”:

    FROM:        Program 4100, Criminal Investigation (3112)
            Program 4200, Uniform Division (3113)
            
    TO:        Program 4200, Law Enforcement Division (3113)

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Report from the Facilities and Infrastructure Committee

    Mr. Booth, Chair, deferred to Mr. Totman with regard to the following resolution:
 
RESOLUTION NO. 92 - CONTINGENT FUND APPROPRIATION OF $64,066 TO PAY FOR COUNTY SHARE OF THE COST OF THE DEMOLITION OF OLD AIRPORT TERMINAL - ITHACA TOMPKINS REGIONAL AIRPORT

    It was MOVED by Mr. Totman, seconded by Mr. Booth, to lift from the table Resolution No. 92 of 2004, Contingent Fund Appropriation of $64,066 to Pay for County Share of the Cost of the Demolition of Old Airport Terminal - Ithaca Tompkins Regional Airport.  A voice vote resulted as follows:  Ayes - 11; Noes – 1 (Legislator Kiefer); Excused - 3 (Legislators Koplinka-Loehr, Proto, and Winch temporarily out of room).  MOTION TO LIFT FROM TABLE CARRIED.

    Mr. Joseph said he feels that the members of the Legislature know the outcome of the vote to take place.  He is opposed to the resolution but voted on the procedural motion at the last meeting to allow it to be brought back.  He did so because he believes if this is what the majority wants it should not be stopped by parliamentary measures.

    It was MOVED by Mr. Totman, seconded by Mr. Booth.  A roll call vote resulted as follows:  Ayes - 8 (Legislators Blanchard, Booth, Koplinka-Loehr, Lane, Proto, Todd, Totman, and Winch); Noes - 7 (Legislators Herrera, Joseph, Kiefer, McBean-Clairborne, Penniman, Robertson, and Schuler,).  RESOLUTION ADOPTED.

    WHEREAS, Tompkins County entered into an agreement with Taughannock Aviation for cost sharing associated with the demolition and removal of the Old Terminal Building at a cost not to exceed $70,000, and
    WHEREAS, Taughannock Aviation has satisfactorily completed the demolition of the Old Terminal and submitted an invoice of $64,065.50 to the Ithaca Tompkins Regional Airport for the County’s share of cost of demolition, and
    WHEREAS, the  County Finance Director has advised that the financial resources of the Airport Fund are currently inadequate to absorb the payment for the demolition cost of the Old Terminal, now therefore be it
    RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That an appropriation of  $64,066 be authorized from the Contingent Fund to provide for the cost of the demolition of the Old Terminal Building,
    RESOLVED, further, That the Airport Fund shall reimburse the Contingent Fund for the $64,066 when resources become available,
    RESOLVED, further, That the Finance Director is authorized to make the following budget appropriations in implementation of this resolution:

From:               A1990.54400          Contingency Fund     $64,066
To :                 CT5610.54400        Airport              $64,066
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    Mr. Booth reported a discussion occurred regarding the Dryden Dry dam.  The discussion came about due to a request for electrical service adjacent to the property.  He noted that he became aware at this meeting that Tompkins County is a co-owner of the property where the dam is located due to Federal funding regulations.  The Committee will be discussing the need to complete inspections on this dry dam.  In addition, discussion occurred regarding the Solid Waste Fee formula as it applies to institutions (including educational facilities) and whether the formula requires modification.
 
Report from the Space Needs and Location Committee

    Mr. Proto, Chairman, said the Committee meets on June 9th at which time they will be discussing the Request for Qualifications being prepared regarding County building issues.  He noted comments will be incorporated within the RFQ.

Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee

    Ms. Herrera, Chair, reported the Committee will meet on June 2, 2004, at 2:00 p.m. at which time they well receive an update on the Tompkins County Comprehensive Plan, act upon resolutions presented by the Strategic Tourism Planning Board, will be introduced to the new STPB Director, Fred Bonn, and will review resolutions from Workforce Development.

Report from the Consumer and Community Affairs Committee

    Ms. Kiefer, Chair, reported the Committee will meet on June 3, 2004, at which time the Committee will hear about alternative charter options for the Tompkins County Public Library.  In addition, the Board of Elections will have information related to Help America Vote Act and the impacts of centralization of voting equipment.  Ms. Kiefer noted the County Clerk will provide a brief presentation on the proposal to provide documents on file via internet.  

Approval of Minutes

    It was MOVED by Ms. Booth, seconded by Ms. Robertson, to approve the minutes of the May 18, 2004.  A voice vote resulted as follows:  Ayes - 12; Noes - 0; Excused - 3 (Legislators Blanchard, Koplinka-Loehr, and Penniman).  MINUTES APPROVED.

Adjournment


    On motion, the meeting adjourned at 7:23 p.m.

Respectfully submitted by Karen Fuller, Deputy Clerk.


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