Chair 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:  14 Legislators.  Excused – 1 (Legislator Kiefer).

Privilege of the Floor by the Public

 Desiree Rogers, Coordinator of the Tompkins County Treatment Court, invited members of the Legislature to the next Drug Court Graduation/Fifth Year Anniversary taking place on June 15, 2005, at 2:00 p.m.  She spoke of the innovative program that has assisted many individuals to lead productive lives within the community.  Ms. Rogers said alumni will speak at the graduation as well as Frank Jordan, representative of the New York State Drug Court Director Judith Kluger; 6th District Administrative Judge Judith O'Shea; Western New York representative Karen Ambrosic; and Assistant District Attorney Dennis McCabe .

Privilege of the Floor by Legislators

 Ms. Blanchard, District No. 1 Legislator, report that Mike Stamm, Tompkins County Area Development Director, was honored by receiving the 2005 Economic Developer of the Year award,  which is presented to a single individual annually, at the New York State Economic Development Council Annual Meeting in Cooperstown.  Ms. Blanchard said he was not aware he was to be the recipient of this award and she believes it not only honors the work of Mr. Stamm, but Tompkins County Area Development as their work was a good part of why he was chosen.  Ms. Blanchard also reported that following the May 17 request for contingency funds for administrative costs, the Workforce Investment Board met on May 24 and have been reviewing options for continued management as well as other scenarios to be explored to provide long-range financial planning.

 Mr. Lane, District No. 14 Legislator, also congratulated Mr. Stamm and noted that the Economic Workforce Development Program the County fosters, the Industrial Development Agency and other County funding, and the Private/Public partnerships to special task forces have all contributed to new jobs, living wages, and maintaining youth within the community through local employment and are reasons for the entire County to be proud.  Mr. Lane said the Dairy Day will take place Saturday, June 10th, with the parade starting at 9:30 a.m., and will include a variety of attractions and music to celebrate the dairy industry and its accomplishments.

 Ms. Robertson, District No. 13 Legislator, reported that in April at the Annual New York State Immunization Conference held in Cooperstown, New York, Ms. Karen Bishop, Community Health Nurse Supervisor, received the Gerald D. Errion Award, which is given each year to one individual in recognition of outstanding dedication and service in promoting immunizations to improve public health.  Ms. Robertson then announced the Cayuga Addiction Recovery Services (CARS) will be having an open house at their new residential facility on June 10th from 1 - 4 p.m., and on June 18th from 2-4 there will be a Sustainability Fair at the Lehman Alternative Community School.  Also, she reported the Sciencenter will be showing June 18 from 3:30 - 4:30 the Lansing Middle School video entitled "Green Homes" in the Tompkins County area.

 Mr. Joseph, Chair, stated he has heard numerous requests to evaluate the criminal justice programs and he recounted a number of evaluations of drug courts that have been done in the local community and around the state and country. Two County evaluations, done in 2002 and 2003, showed that drug treatment courts "work and save money". A report of drug courts statewide, done by the Center for Court Innovation in 2003, included the Ithaca City Drug Treatment Court and showed that "drug courts work and save money". The Center for Court Innovation has a pending report titled "Drug Courts - Beyond 'Do They Work'" that will explain the widespread growth and success of drug treatment courts, adding that this community's drug courts have been selected for a visit from the Center for Court Innovation based on the courts' reputation for exemplary operations. Mr. Joseph also pointed out that the President's National Drug Control Strategy advocates for a nearly-double increase in funding to drug court programs in 2006, based on statistical success indicators for drug courts around the nation.  Mr. Joseph stated individuals who work within the programs evaluate daily and make adjustments to make the programs more effective.  He believes that some individuals do not like the programs.  Mr. Joseph does not feel the need to get consultants.

  Mr. Proto, District No. 7 Legislator, requested Mr. Joseph provide him with the reports mentioned.  He said he had asked to have a "fresh set of eyes" review the outcomes; if there is so much controversy it can't hurt to have the review.  Mr. Proto stated he does not know how many programs are operational, which ones have been requested by the State, and how each are designed.  He would like to reserve judgment until more facts are received.

 Mr. Totman, District No. 9 Legislator, apologized for his absence this past month.  He stated he was in the hospital of his own choosing and he appreciated the support and comments from individuals.

 Mrs. McBean-Clairborne, District No. 2 Legislator, announced the Greater Ithaca Activities Center (GIAC) will be holding their annual street fest and open house on Saturday, June 10th from 1 - 7 p.m.  She then expressed her appreciation to police and emergency service agencies who worked with the improvised explosive device found at WalMart.  Mrs. McBean-Clairborne said she was troubled by the incident and felt that while individuals have a right to be expressive in protesting it should be done in a manner that would not damage or harm others.  She does not know who is responsible but feels the incident did not send the message that may have been intended.  Ms. Robertson noted that the Living Wage Coalition in the Ithaca Journal expressed condemnation for violence or attempted violence such as the device.

 Ms. Schuler, District No. 4 Legislator, spoke of the Tompkins Community Action's 39th Annual Dinner and shared a centerpiece that highlighted the many services of the agency.  She then spoke of the 100th anniversary concert of the Ithaca High School Orchestra; alumni from 1935, 1936, and 1937 attended the evening of wonderful music.  Ms. Schuler reported that the New York Times Metro section carried an article on the controversial Red Bud Woods proposed parking area.  She shared historical aerial photographs of the proposed parking site and expressed her belief the parking lot is not necessary as the Tompkins Consolidated Area Transit (TCAT) busses go by the area every ten minutes.

 Mrs. McBean-Clairborne spoke of her participation as a representative of GIAC during the Ithaca Festival.  She felt it was a fabulous event that needs to continue.

 Mr. Booth, District No. 3 Legislator, stated the Legislature and community should be aware of how many resources have to be dedicated to an non-injury incident such as the device found in the WalMart parking lot.

 Mr. Penniman, District No. 15 Legislator, reported the independent cable company serving a portion of his district has not had the benefit of viewing the Tompkins County Legislature meetings.  He said several years ago as part of the agreement with the company the broadcasts were to be shown by receiving a signal from Time Warner Cable, but this has not occurred.  At this time they have been requested to broadcast as agreed and the company is working on how to obtain the signal.  If they cannot broadcast live they are considering other options available.  Mr. Proto noted this cable company also serves a portion of Danby and Caroline and he would like to accompany Mr. Penniman during meetings.

Chair’s Report

 Mr. Joseph said with regard to the possible Commissioner of Public Works/Planning position he is scheduling a joint meeting of Facilities and Infrastructure, Government Operations, and Planning, Development and Environmental Quality Committees to be held prior to the next Legislature meeting.  Mr. Joseph said this will allow the subject to come before the Legislature for a determination on whether to proceed, and a public hearing can be scheduled.

Report from the County Administrator

 Mr. Whicher noted the agreement with the Corrections Division was before the Legislature to vote on ratification.

Report from the County Attorney

 Mr. Wood reported that Assistant County Attorney Bruce Wilson has announced his retirement the end of July.  He reminded Legislators of Mr. Wilson's work that brought additional funds to the County and noted he will be seeking to fill the vacancy in the near future.

Report from the Finance Director

 Mr. Squires provided the Legislators with a copy of the Real Property Tax Foreclosure Public Auction catalog.  He reported although the preview night was the same evening as the Ithaca Festival Parade there were twenty individuals present.  Mr. Squires announced the annual Tompkins County Tobacco Securitization  meeting will be held on June 21st.

Addition of Resolution(s) to the Agenda

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to add the resolution entitled Clarifying Prescription Drug Coverage Changes for Tompkins County Legislators, 2005, to the agenda.

 It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to add the resolution entitled Ratification of Bargaining Agreement - Corrections Officers Local 2062 Union, to the agenda.

Withdrawal of Resolution(s) from the Agenda

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

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

 The following resolution(s) were approved under the Consent Agenda:

RESOLUTION NO. 98 - FUNDING OF TOURISM PROJECT GRANTS

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, Tompkins County has a grant program for supporting tourist-generating projects using funds drawn entirely from Room Occupancy Tax, and
 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved:

 PRI - Museum of the Earth - Snake Stones of Ammon Exhibit   $10,000
 Cayuga Chimes - Fingerlakes Barbershop Invitational 2006   $  5,000
 Ithaca Downtown Partnership - Holidays Around the World - Ice Sculpture $  5,600
                  TOTAL $20,600

 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION:  TYPE II-20
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RESOLUTION NO. 99 - FUNDING OF TOURISM MARKETING AND ADVERTISING GRANTS

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, Tompkins County has a grant program for the marketing and advertising of tourist-generating events using funds drawn entirely from Room Occupancy Tax, and
 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved:

 PRI - Museum of the Earth - Snake Stones of Ammon Exhibit   $  5,000
 Cayuga Chimes - Fingerlakes Barbershop Invitational 2006   $  3,000
 Ithaca Triathlon Club - Cayuga Lake Triathlon 2005    $  5,000
 Grassroots Festival - Grassroots 2005      $  5,000
 Cayuga Voice Ensemble- Cayuga Vocal Ensemble 2006 Concert   $  3,000
 Community Arts Partnership - The Greater Ithaca Art Trail   $  4,000
                  TOTAL $25,000

 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION:  TYPE II-20
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RESOLUTION NO. 100 - AUTHORIZATION TO ACCEPT 2004 STATE WATER QUALITY COORDINATING COMMITTEE MINI-GRANT FUNDING

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, the New York State Soil and Water Conservation Committee and New York State Department of Environmental Conservation have awarded state water quality coordination committee mini-grant funds to the Tompkins County Water Resources Council, and
 WHEREAS, the Tompkins County Water Resources Council serves as the water quality coordinating committee in Tompkins County, and
 WHEREAS, the grant funds will be used in accordance with the grant requirements to help administer the Tompkins County Water Resources Council and to partner with local agencies and organizations to implement a low impact development demonstration project, implement a stormwater retrofit demonstration project, and to develop and implement a local strategy that addresses watersheds impacted by failing onsite wastewater treatment systems, and
 WHEREAS, the Tompkins County Planning Department will administer these grant funds on behalf of the Tompkins County Water Resources Council, and
 WHEREAS, the cooperating organizations and agencies have already agreed to undertake the projects if grant funds are awarded, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby agrees to accept these grant funds in the amount of $46,000,
RESOLVED, further, That the following adjustments be made to the 2005 Budget:

 APPROPRIATION: A8020.43959 State Aid Planning $46,000
EXPENDITURES: A8020.54442 Professional Services $46,000

 RESOLVED, further, That the County Administrator or his designee is authorized to execute any contracts necessary for the purposes of managing the grant.
SEQR ACTION:  TYPE I8 and TYPE II-21
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RESOLUTION NO. 101 - AUTHORIZATION TO ACCEPT 2004 FEDERAL FARM AND RANCH LANDS PROTECTION PROGRAM FINANCIAL ASSISTANCE

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, the United States Department of Agriculture (USDA) Natural Resources Conservation Service administers the Farm and Ranch Land Protection Program that provides matching funds to help purchase development rights to keep productive farm and ranch land in agricultural uses, and
 WHEREAS, to qualify for the program, farmland must: be part of a pending offer from a State, tribe, or local farmland protection program; be privately owned; have a conservation plan for highly erodible land; be large enough to sustain agricultural production; be accessible to markets for what the land produces; have adequate infrastructure and agricultural support services; and have surrounding parcels of land that can support long-term agricultural production, and
 WHEREAS, in January, 2004, the New York State Department of Agriculture and Markets awarded Tompkins County funds through its Agricultural and Farmland Protection Program to assist the County in its farmland protection efforts regarding the acquisition of a conservation easement on the Donald Howser Farm in the Town of Lansing, and
WHEREAS, in May, 2005, the USDA Natural Resources Conservation Service awarded Tompkins County $107,000 in Farm and Ranch Land Protection Program Federal financial assistance for the purchase of a conservation easement on Mr. Howser’s Farm in conjunction with the State’s Agricultural and Farmland Protection Program, and
WHEREAS, the New York State Department of Agriculture and Markets is Lead Agency under the State Environmental Quality Review (SEQR) for all projects funded through the Agricultural and Farmland Protection Program and is conducting a SEQR review that will be completed prior to disbursement of grant funds, and
WHEREAS, the Tompkins County Planning Department will administer these Farm and Ranch Land Protection Program grant funds, and the partnering organizations and agencies (Finger Lakes Land Trust, Cornell Cooperative Extension of Tompkins County, New York State Agriculture and Markets, and Mr. Howser) have already agreed to undertake the projects if grant funds are awarded, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby agrees to accept Farm and Ranch Land Protection Program funds in the amount of $107,000,
RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts necessary for the purposes of managing the grant.
SEQR ACTION:  Unlisted
(SEQR review will be completed by New York State Department of Agriculture and Markets)
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RESOLUTION NO. 102 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET - 2005 - 2006

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, Tompkins Cortland Community College is a joint enterprise of Tompkins County and Cortland County whose budgets must be acted on by each county, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, 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 21, 2005, at 5:30 o'clock in the evening thereof concerning the 2005 - 2006 operating budget request for Tompkins Cortland Community College.  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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RESOLUTION NO. 103 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. e OF 2005 - A LOCAL LAW IN RELATION TO THE ALTERNATE VETERANS EXEMPTION FOR REAL PROPERTY TAXES (REPEALS LOCAL LAW NO. 1 OF 1997)

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, an amendment to the alternate veterans exemption for real property taxes has been reviewed by the Government Operations Committee, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, 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 21, 2005, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. e of 2005 - A Local Law In Relation to the Alternate Veterans Exemption for Real Property Taxes (Repeals Local Law No. 1 of 1997).  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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RESOLUTION NO. 104 - AUTHORIZATION TO ACCEPT NEW YORK STATE EXPEDITED WIRELESS 911 GRANT FUNDING - DEPARTMENT OF EMERGENCY RESPONSE

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, Resolution No. 34 of 2004 authorized the Department of Emergency Response to apply to the New York State 911 Board for funding to assist the County in achieving "Phase 2" capability for the 911 emergency call system, and
 WHEREAS, the County has been awarded $322,833 for this purpose, and the funding is applicable to various on-going and planned projects, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts the Expedited Deployment Grant Funding,
 RESOLVED, further, That the following budgetary accounts be adjusted accordingly:

 REVENUE  3410.43389 Other Public Safety  $322,833
 APPROPRIATION 3410.52230 Computer Software  $156,006
   3410.52222 Communications Equipment $143,626
    3410.52206 Computer Equipment  $  23,201
SEQR ACTION:  TYPE II-20
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RESOLUTION NO. 105 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda.

 RESOLVED, on recommendation of the Health and Human Services, Public Safety and Planning, Development and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustment on his books:

Office for the Aging
Revenue Acct           Title            Amt  Approp Acct  Title(s) _____________
6780-43803 State Revenue       $36,118 6780-54491         Subcontract
6774-43803 State Revenue       $  7,512 6774-54491         Subcontract
Explanation:  Revenue increase permits increase in subcontract for FISEP and Foodnet programs.

Probation and Community Justice
Revenue Acct           Title            Amt  Approp Acct  Title(s) _____________
3990-42705 Gifts & Donations   $15,000 3990-54491         Subcontract
3990-42705 Gifts & Donations   $  1,106 3990-54333         Education and Promotion
3990-42705 Gifts & Donations   $  3,000 3990-51000049         Project Assistant
3990-42705 Gifts & Donations   $     300 3990-58800         Fringes
Explanation:  Appropriation of remaining drug court support grant funds.

ITCTC
Revenue Acct           Title            Amt  Approp Acct  Title(s) _____________
8675-44959 Federal Aid       $  3,000 8675-54412         Travel and Training
8675-44959 Federal Aid       $  6,000 8675-54442         Professional Service Fees
Explanation:  To include $9,000 of recently reprogrammed FHWA funds from previous years into the current year's FHWA revenue and appropriations for the hiring of an intern and for staff travel and training in the TransCAD modeling program.
 SEQR ACTION: TYPE II-20
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Approval of Appointment(s) Under the Consent Agenda

 It was by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

Fish and Wildlife Management Board
Ron Updike - Alternate Sportsman representative; term expires December 31, 2005

Fire, Disaster and EMS Advisory Board
Phineas K. Reeves - City of Ithaca representative; term expires December 31, 2006
Lyle Neigh - City of Ithaca representative; term expires December 31, 2007

Report from the Space Needs and Location Committee

 Mr. Proto, Chair, announced the Committee will meet on June 8, 2005.

Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee met on June 1, 2005; the next meeting will be on July 6, 2005.  She spoke of Ms. Bishop's report that provided information on the maternal care unit and the Child/Adult immunization program and its clinics.  In addition, the Committee approved a Public Health Sanitarian position, noting it is a busy time of year with temporary events under way.  Ms. Robertson said preliminary budget information was discussed for several County departments, and it appears the Health Department's state reimbursements are more stable than in previous years.  The Health Department reported on amendments to admission policy at Cornell University regarding tuberculosis testing; it may result in a higher incident of "exposure cases" but overall will assist in early treatment.

Ms. Robertson reported the SPCA Acting Director Jim Tantillo spoke of the agency's new facility and intake procedures.  The contract with the County Health Department expires at the end of the year and he indicated a desire to continue the work.  Mr. DeLuca, Mental Health Commissioner, reported on his budget, which is being amended to match the County's budget cycle more fully.  Ms. Zahler, Youth Services Director, reported that there have been minimal cuts from the State, however municipalities have had more substantial cuts for their program; to maintain at the 2005 level it would require an additional $50,000 of funding.  Ms. Robertson reported information regarding youth programs designed to avoid foster care and detention indicated a savings of almost $80,000.  She spoke of the Department of Social Services stating the good news is the soft cap on Medicaid, but not all information on funding has been clarified to know what the overall outcome will be.  The Committee received a report from Lifelong on the programs offered; the tax counseling program assisted 849 individuals and brought tax returns in the amount of $657,000 into the hands of residents.  That program is implemented mostly by volunteers with the help of a $7,000 grant from the Internal Revenue Service.

 Ms. Schuler inquired whether meningitis inoculations will be a requirement for students, and if so if promotional information should be provided.  Mr. Joseph indicated he believes it will be required.

 Ms. Blanchard stated that regarding information on savings for Youth Programs it should be recognized that the dollars mentioned are not the net savings as they do not include the cost of the program.

Report of the Air Service Committee

 Ms. Blanchard, member, reported the Committee will be meeting on June 20th when they will have a discussion with Ricondo Associates, contract negotiators with US Airways.  She expects a report from the subcommittee shortly and will forward information.  Ms. Blanchard said initial reports are favorable with an approximate 70 percent load factor; it appears US Air lost some business but it may be due to dropped flights within the past year.  She said it is not yet known how the merger between Northwest and AmericaWest may affect operations, they both have benefits and she believes it may work into a low-cost carrier.

Report from the Planning, Development and Environmental Quality Committee

 Ms. Herrera, Chair, offered congratulations to Planning Department staff member Kate Hackett and family on the birth of their daughter.  She then reported that a majority of work done by the Committee was reflected within the Consent Agenda.  Ms. Herrera informed the Legislature new staff has been hired by the Tompkins County Chamber of Commerce.  She also reported a brief meeting occurred prior to the Legislature meeting during which the resolution related to Ithaca Tompkins County Transportation Council and the amended rollover requests were approved.  The next meeting will occur on July 6th at 2:30.

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

 Mr. Koplinka-Loehr, Chair, reported the Committee met on May 24th with Mr. Booth acting as Chair of the Committee.  He reported the work of the Committee consisted of rollover request discussions as well as resolutions appearing or forthcoming on the Legislature's agenda.  The June 14th meeting will have discussions relating to funding for recruitment efforts as well as how to direct departments in fiscal targets for a zero percent increase.  He stated questions regarding the resolution regarding the Tompkins Cortland Community College budget would be addressed at the next Legislature's meeting.  Mr. Koplinka-Loehr said additional discussions and resolutions will include the "red-circled" positions as well as a discussion on the transfer and mortgage tax discussed last year.

RESOLUTION NO. 106 - CLARIFYING PRESCRIPTION DRUG COVERAGE CHANGES FOR TOMPKINS COUNTY LEGISLATORS, 2005

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne, and unanimously approved by voice vote of members present.

 WHEREAS, the Legislature intended that when certain prescription drug coverage benefit changes were made on May 17, 2005 (Resolution No. 91 of 2005) for all Tompkins County Management and Confidential employees, that all members of the Legislature should also be subject to those same changes in prescription drug coverage, now therefore be it
 RESOLVED, That effective June 1, 2005, prescription drug coverage for all Tompkins County Legislators shall transfer to a three tier prescription drug coverage system that will include county legislator co-payments at the levels of $5 (generic), $15 (preferred brand name) and $25 (non-preferred brand name) as outlined in related prescription drug provider documents,
 RESOLVED, further, That the set-aside limit for Flexible Spending accounts for unreimbursed medical costs for Tompkins County Legislators shall be increased to $5,000 in 2006.
SEQR ACTION:  TYPE II-20
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RESOLUTION NO. 107 -  RATIFICATION OF BARGAINING AGREEMENT - CORRECTIONS OFFICERS LOCAL 2062 UNION

  It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Totman.  Ms. Robertson expressed appreciation for the negotiation team.  Mr. Booth stated he cannot support the resolution as he feels the 3.25 percent increase is too high.  Mr. Proto inquired if longevity bonuses were included in the offer and was informed it was.

 A voice vote resulted as follows:  Ayes - 11; Noes - 2 (Legislators Booth and Winch); Excused - 1 (Legislator Kiefer).  RESOLUTION ADOPTED.

 RESOLVED, on recommendation of the Negotiating Committee, That the bargaining agreement between Tompkins County and the Corrections Officers Local 2062, for the year January 1, 2005, through December 31, 2005, is hereby ratified.
SEQR ACTION:  TYPE II-20
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Report and Presentation of Resolution(s) from the Government Operations Committee

 Mr. Lane, Chair, stated he did not believe the mortgage tax discussion mentioned by Mr. Koplinka-Loehr should take place as it has been voted down twice previously.  While other members would like to see an increase he would not support it.

 He then reported the Committee met on May 18th and discussed the veteran's exemption resolution appearing on the Consent Agenda.  He thanked Mr. Franklin, Assessment Department's Assistant Director, for his attendance to answer any questions relating to the exemptions.  The Committee reviewed information available from the internet which provided information of the positive and negative aspects of the contents, and also reviewed information regarding other counties' decisions regarding this topic; no conclusions have been reached.  In addition, a report of the work provided by the Public Information Officer was heard.  Mr. Lane said the other business was the resolution coming before the Legislature regarding the Tompkins County Public Library's request for funding for equipment.  Mr. Proto said the Gannet Foundation should be approached for a grant as the Library houses historical information relating to the local newspaper.

RESOLUTION NO. 108 - APPROPRIATION FROM CONTINGENT FUND - EQUIPMENT - TOMPKINS COUNTY PUBLIC LIBRARY

 It was MOVED by Mr. Lane, seconded by Mr. Booth.  Mr. Winch said the amount is large; the County's departments are asked to develop replacement schedules for equipment and funding for the equipment requested should have occurred; he will not support the request.  Mr. Totman said a request such as this should not occur half way through a budget year and will not support it.

Mr. Proto inquired how much funding is left in the contingent fund and was informed by Mr. Squires that approximately $100,000 of the $1,080,000 has been used thus far.  Mr. Proto said the Dynix system supports the four rural libraries and reading centers in the County.  He does not believe the Dynix changeover is within the Library's control but is a decision made by the Finger Lakes Library System.  He also said the request is due to several machines failing and requests of this nature are not unusual.  Mr. Proto believes that if the funds for the upgrade to the Polaris system is not approved it will affect access to the libraries within the county.  He does not believe the amount is too high and said the Dynix cost was higher than the proposed new system is; we are doing more with less money spent.

 Ms. Frey, Assistant Director of the Tompkins County Public Library, said the library does have a plan for computer replacement which was temporarily set aside due to the budgetary constraints faced recently.  Some machines have been replaced in 2004 and others planned for 2005.  As part of the plan it was thought the older computers could be used for the Polaris system that was chosen by the Finger Lakes Library System for circulation services, however when specifications were received it became apparent it would not work due to configuration requirements to access the system.

Ms. Blanchard asked if Mr. Proto's statement about the rural libraries reliance on the system that is being chosen is accurage. Ms. Frey said that it would affect them indirectly as it used to process requests that are sent to the rural libraries; without the system it will be much more difficult to fulfill requests.

Mr. Joseph believes it is a budgetary matter, not an equipment matter and if it was critical the equipment would be purchased.  He said the amount is small in comparison to the library's budget and it seems inappropriate to make a contingency fund request.  Ms. Robertson believes it should not be viewed the same as a departmental request.  She believes compatibility difficulties are common when dealing with new technology; while she has concerns she will support the request.

Mr. Proto suggested the Tompkins County Public Library submit a request to the Universal Service Fund for reimbursement as he believes it would be covered.  Mr. Lane appreciates the points but said contingency funds are for unexpected things; based on the equipment failure and exhausted budget he believes it is a legitimate request.

Mr. Fawcett, in charge of finance and personnel for the Tompkins County Public Library Board, thanked the Legislature for its funding of the library this past year.  He wished to reassure the Legislature that the library has been very careful in budget planning and has moved funding as much as possible to replace equipment.  He said the requirement to move to the Polaris system is not a choice they have and the request is to do what is needed to continue service to patrons.

 A roll call vote on the resolution resulted as follows:  Ayes - 7 (Legislators Booth, Koplinka-Loehr, Lane, Penniman, Proto, Schuler, and Robertson); Noes - 7 (Legislators Blanchard, Herrera, Joseph, McBean-Clairborne, Todd, Totman, and Winch); Excused - 1 (Legislator Kiefer).  RESOLUTION LOST.

 WHEREAS, the Tompkins County Public Library relies on the Tompkins County Legislature for funding of basic operating expenses, and
 WHEREAS, the Tompkins County Public Library has experienced a need for the replacement of a microfilm reader/printer, a library materials check-in workstation, and computers, and
 WHEREAS, no additional funding sources or grant opportunities have been identified to fund these items, and
 WHEREAS, in order to meet the basic library service needs of its users, an appropriation from the contingency fund will be needed, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance appropriate a total of $26,000 from the Contingency Fund to the Tompkins County Public Library.
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Report from the Public Safety Committee

 Mrs. McBean-Clairborne, Chair,  reported the Committee met June 2nd and heard a report from Town of Caroline Supervisor Donald Barber regarding law enforcement services for the Towns and Villages.  Mr. Barber's Intermunicipal group will meet again on June 15th.  At this time there are no  decisions to report.

Other items to take note of from the meeting included a report that New York State is again requiring the Probation Officers to become compliant with regard to training in use of firearms.  If the thirteen employees do not do so state aid will be withheld.  Ms. Leinthall, Probation Director, will work with the Sheriff and others to perform the required training.  Mrs. McBean-Clairborne also reported  on a 911 grant that will bring $322,000 to the County and said the rollover requests, previously reviewed by the Budget and Capital Committee, were reviewed and approved.  She noted more funding was received for the Assigned Counsel program as well as $1,605 for the sex-offender cases.  Mrs. McBean-Clairborne reported a discussion on a combination of data-sharing projects last year took place along with a discussion of a hypothesis test as an attempt to evaluate justice services.  She said there are still questions and she will meet with Mr. Penniman and Ms. Robertson to determine what questions need to be answered.  Ms. Robertson said with regard to the rollover requests for the jail, $160,000 is for renovations of the civil side and repairs to the ventilation in the shower area of the jail.  She spoke of the shower areas lack of ventilation causing mold.  Ms. Robertson said board out of inmates may be required while the work is being done and the costs have been built into the request.

Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

 Mr. Penniman, Chair, reported the Committee met briefly to discuss the resolutions presented within the agenda.  The Committee will meet again on June 14th.

RESOLUTION NO. 109 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) – LOWER BROOKTONDALE BRIDGE REHABILITATION – COUNTY ROAD 115 OVER SIX-MILE CREEK (BIN 1045990)

 MOVED by Mr. Penniman, seconded by Mr. Proto.  Mr. Proto disclosed that he owns three properties that come together at this intersection.  He indicated he is working with the Highway Department regarding questions of access.   Mr. Penniman stated a previous Committee resolution approved the increase which was due to increased material costs since the original approval.  Mr. Wood suggested Mr. Proto abstain from voting.

 A voice vote resulted as follows:  Ayes - 13; Noes - 0; Abstained - 1 (Legislator Proto); Excused - 1 (Legislator Kiefer).  RESOLUTION ADOPTED.

WHEREAS, a Project for the Rehabilitation of the County Road 115 Bridge over Six-Mile Creek, BIN 1045990, P.I.N. 375400, (the Project) in the Town of Caroline, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non-Federal funds, and
WHEREAS, Resolution No. 248 adopted on October 19, 1999, approved the Project and authorized execution of an agreement with the New York State Department of Transportation regarding administration and funding of Scoping, Design (Phases I-VI), and Rights-of-Way Incidentals, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the New York State Department of Transportation requires the County to appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one-hundred percent of the non-Federal share of the costs of Construction, Construction Inspection and Supervision, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non-Federal share of the costs of Construction, Construction Inspection, and Supervision work for the subject Project or portions thereof,
RESOLVED, further, That the sum of $304,000.00 is hereby made available within account HZ5103.59239.53.07, Brooktondale Bridges Capital Project Account, to cover the cost of participation in the Construction phase of the Project,
RESOLVED, further, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first-instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,
RESOLVED, further, That this resolution shall take effect immediately.
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Approval of Minutes of May 17, 2005

 It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote of members present, to approve the minutes of May 17, 2005 as corrected.

Adjournment

 On motion the meeting adjourned at 7:05 p.m.