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.

Moment of Silence in Honor of Former President Reagan

 Mr. Joseph asked all to join in a moment of silence to honor former President Ronald Reagan.

RESOLUTION NO. 112  - HONORING AND ACKNOWLEDGING THE SERVICE OF ANTHONY "BART" DELUCA, TOMPKINS COUNTY MENTAL HEALTH COMMISSIONER, TO THE CITIZENS OF TOMPKINS      COUNTY

 MOVED by Ms. Schuler, and unanimously seconded.

WHEREAS, Anthony "Bart" DeLuca became Commissioner of Mental Health Services of Tompkins County on August 27, 1977, and he will retire effective June 18, 2004, and
WHEREAS, during his twenty-seven years with Tompkins County, Bart helped to insure that prevention, rehabilitation and treatment services for persons affected by mental illness, mental retardation/developmental disabilities and chemical use disorders were provided to the citizens of Tompkins County, and
WHEREAS, for 27 years Bart led the Mental Health Services Department through a major transition with the design and construction of a mental health building that brought all the mental health services together for the first time, and
WHEREAS, Bart was solely responsible for the procurement of the State funding for the construction of the Tompkins County Mental Health Services Building, and
WHEREAS, Bart was one of the earliest members of, and an active participant in, the New
York State Conference of Mental Hygiene Directors, and
WHEREAS, Bart has helped guide the growth of community-based mental health care
during a period of deinstitutionalization, including the closing of the Willard Psychiatric
Center, and the advent of Community Reinvestment legislation and funding, and
WHEREAS, Bart's low key, quiet manner and hands-off style of management have enabled his staff to function efficiently and productively for the benefit of adults, children and families with mental health challenges, and
WHEREAS, Bart has been a master at maintaining a balanced approach at getting the bureaucratic system to work effectively, and
WHEREAS, Tompkins County is indebted to Bart DeLuca for his years of service to all those in need of mental health services, and
WHEREAS, what Bart DeLuca placed in the time capsule at the Mental Health Services Building will remain a mystery, now therefore be it
RESOLVED, That the Tompkins County Legislature thanks Anthony "Bart" DeLuca for his dedicated service to the people of Tompkins County and his leadership of all who have worked with him, and wishes him the best for a rewarding and royally successful retirement.
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Privilege of the Floor by the Public

 Fay Gougakis, City of Ithaca resident, spoke on the topic of jet skis, noting that she felt the City of Ithaca local law was too lenient and asked the County to enact stricter legislation.  She then spoke of the use of cellular telephones at the library and said the present policy is insufficient and that it appears that staff have not been directed to speak to patrons of the library regarding their use.  Ms. Gougakis would like to have members of the Legislature visit the library to see firsthand how distracting cellular telephones are to patrons.

 Rebecca Elgie, City of Ithaca resident, spoke of her attendance at a recent Health and Human Services Committee meeting concerning prescription drug plans that are being reviewed to determine if they are suitable for residents of the County.  She is supportive of the idea of group plans and noted it is a stop-gap measure to assist those who presently cannot afford insurance until a more inclusive health program is in place.  Ms. Elgie spoke of the Bridge the Gap action taking place on Saturday, June 19, 11:00 a.m. to 1:00 p.m. to call attention to health care needs.

 Chris Katz of Emergency Services delivered signed petitions requesting the Legislature delay acting upon a Memorandum of Understanding between the City of Ithaca and Tompkins County related to emergency dispatch services and read the following statement:

"Consolidating IPD dispatch into the County 911 Communications Center does not have the urgency or benefit that might be perceived in other counties that have gone through this process. The reason is that Jack Miller, 10 years ago, designed a network that included a multitude of municipalities, including IPD. The idea that there will be benefits by having everyone under the same roof is  overshadowed by the problems that would be created by following the terms and conditions of the MOU.

"My impression over the recent weeks-- watching meetings; having discussions; listening to various folks--is that we're riding the wave of an idea proposed many years ago that the County Administrator and others are carrying through... but there seems to be minimal or absent attention to... the complications, unanswered questions, possible significant shortfalls in predicted costs, and a plethora of additional drawbacks.

"The suggestion that there have been missed calls in transfer-- flawed. The suggestion that consolidation will eliminate the need to transfer-- completely wrong. Whether we're in the same building or 5 miles away, there will not be a substantive change in how calls are processed.

"It is my understanding that at least one of the top-contenders for the IPD Chief position is firmly against moving their dispatch.

"While there is one dispatcher at IPD-- which has a long-standing condition of understaffing-- the job has for years required more than one at a time. But, it has simply been dealt with. The MOU under consideration tonight calls for one dispatcher for IPD after consolidation, it is significantly more than a one person job, which the senior dispatcher for IPD has confirmed. There are all kinds of people around to help with the large volume in the current IPD dispatch room. As a contrast, let me point out that we are many times overwhelmed at the current 911 center with the County police volume, to which one dispatcher is assigned and that call volume is only HALF what the documented IPD call volume is. The County will assuredly end up having to hire 5 to 10 more dispatchers for us to properly handle this volume around the clock."

 Matthew Braun, Director of The History Center, spoke to the Legislature regarding the honeybee quilt now displayed within the Legislative Chambers crafted by Ithacan Elizabeth Mulholland, who recently passed away.  Mr. Braun spoke of Ms. Mulholland's commitment to making Tompkins County an environmentally aware community and how she will be missed.  He then informed the Legislators of the partnership with the Ithaca Craft Guild to act as curators of the massive quilt collection at The History Center.

Distinguished Youth Award

 Mr. Penniman, District No. 15 Legislator, presented the June 2004 Distinguished Youth Award to Susan Thorpe, a senior at Trumansburg Central School.  Mr. Penniman spoke of Ms. Thorpe as being a positive leader who is a role model to peers.  In addition to her academic achievements, Ms. Thorp assists with activities at her church, bowls, signs for the deaf, and is involved with drama.  Ms. Rand of the Trumansburg Youth Program nominated Ms. Thorpe.  Ms. Thorpe thanked the Legislature and other participants and Ms. Rand for the award.
 
Privilege of the Floor by Legislators

Mr. Proto, District No. 7 Legislator, spoke of a recent article appearing in the New York Times  related to the Universal Service Charge.  The article concerned a $20.7 million dollar judgment of fines/restitution being required of NEC Business Networks Solutions for misappropriation of the Universal Service Charge.  The article noted that schools were convinced to overbuy computer equipment for internet use and charge the Universal Service Charge fund for them.  In addition, Mr. Proto spoke of the transition surcharge appearing on utility bills, stating that the surcharge adds up to almost $2 million every two months.  He feels the surcharge is not appropriate as it does not benefit those being charged and will work to bring a resolution requesting discontinuation to be forwarded to the Public Service Commission.

Mrs. McBean-Clairborne, District No. 2 Legislator, reminded Legislators and the public that the upcoming week is the celebration of Juneteenth.  She explained that this is a remembrance celebration of how news was spread by word of mouth relating to emancipation of slaves.  There will be a celebratory event held on June 26th at the Southside Neighborhood Center.

Mr. Booth, District No. 3 Legislator, spoke of a report he received from New York State Comptroller Hevesi regarding sprawl.  He felt it was a good summary of causes and effects.  However, the report provided little or no reference to the fact that the State itself has large impacts on land use decisions and land use patterns across the state.  Mr. Booth said that a review of this report shows how New York State, while having done a lot of work in the 1970's stat land use planning has not moved ahead.  He feels there is a need to have an overall State framework.

Ms. Schuler, District No. 4 Legislator, spoke of the Bridge the Gap flyers and noted that interested persons should meet at the NYS Route 13 bridge near the Super 8 motel at 11:00 a.m.

Ms. Robertson, District No. 13 Legislator, said she hoped to have many participants at the Bridge the Gap function, noting this event was sponsored by Americans for Health Care, Jobs for Justice, Rock the VOTE, and SEIU.

Mr. Lane, District No. 14 Legislator, reported on the Dryden Dairy Day event that occurred the past weekend.  In addition, he spoke of ten weeks passing without a State Budget and the stop-gap measures having to take place in order to keep particular programs operational.  Mr. Lane stated that it appears that there have not been any major accomplishments regarding the budget during this session and that it may be necessary to consider constitutional reform to correct this problem.  He suggested people speak out to their representatives about the difficulties faced when the State budget does not pass.  Ms. Robertson noted that Ms. Carey, Commissioner of Department of Social Services, expressed concern that a number of programs supported by the Temporary Assistance to Needy Families (TANF) may lose funding if no budget is in place by the end of June.  She noted real people are hurt by the State's disfunction.

Report from Municipal Official(s)

 Ms. Valentino, Town of Ithaca Supervisor, thanked Legislator Kiefer for the fast response to the request to be included in discussions related to centralization of voting equipment that was made at the last Legislative meeting.  She said while some of the information related to election inspectors is readily available more information is necessary related to other areas.  Ms. Valentino requested that the Consumer and Community Affairs Committee meet with the Supervisors/Mayors and their clerks to discuss this topic in more detail.

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

RESOLUTION NO. 113 - ACCEPTANCE OF STRATEGIC PLANNING GRANT - TOMPKINS COUNTY WORKFORCE INVESTMENT BOARD

 MOVEd by Ms. Herrera, seconded by Mr. Lane.  Mr. Totman said he requested this item be pulled from the Consent Agenda as he is concerned about positions funded through grants.  Ms. Herrera said that Workforce Development does an outstanding job and that positions in the agency are not being created.  She noted that many positions are multi-tasked.  Ms. Giordano, Director of Workforce Development, informed the Legislature that the grants do not allow for any new positions, however, there is one position where an individual laid-off has been brought back for the period funded.  Ms. Giordano explained that her budget is approved contingent upon funds received and the grants appearing on the agenda are reflective of this.  Ms. Giordano stated that last year when a position was not fully funded the Industrial Development Agency covered the shortfall.  Mr. Proto inquired if positions were re-evaluated if a shortfall occurs and was informed that each year all positions are evaluated for efficiency.  Ms. Giordano said that the grants provide funding that enables Workforce Development employees to assist residents to find employment and self-sufficiency within the County.  Mr. Penniman noted that with grants such as this there would not be a Workforce Development office.

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

WHEREAS, the New York State Department of Labor made available $100,000 to each local Workforce Investment Area to provide state level activities entitled “Strategic Planning for a Competitive Human Capital Advantage”, and
 WHEREAS, the funds will be used to create a collaborative community workforce strategy as well as a system for continuous collection, analysis, and display of useful and user-friendly data to promote informed decision-making, as well as quality workforce services through the one-stop system that supports a balance between supply and demand and is aligned with the community’s long-term workforce plan, and
 WHEREAS¸ no local funding is needed for this initiative, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts the grant in the amount of $100,000,
 RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books:

REVENUE:  CD6290.43790  State Aid Job Training    $100,000

APPROPRIATION: CD6290.54491  Subcontracts          $  67,899
   CD6290.54303  Printing   $  10,000
   CD6290.54472  Telephone  $       100
   CD6290.54412  Travel   $    1,500
   CD6290.51000187 Salary   $    8,551
   CD6290.51000535 Salary   $    6,198
   CD6290.58800  Fringe      $    5,752

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Presentation - CAP Report

 Mr. Sciarabba, spokesperson for the Budget Community Advisory Panel (CAP) provided an overview of the final CAP Report submitted to the Legislature.  The report, developed by ten community members, includes recommendations that are appropriate to the County in the current era of fiscal restraint and outside pressure. He noted that the County has already followed one suggestion of setting a target tax levy.  Mr. Sciarabba spoke of the cost of labor being the County's highest expense and that there are five areas of central messages within the report that include:  (1) adopting a budget to live within means; (2) setting priorities; (3) permanent shift in emphasis to targeted tax levy; (4) setting pre-determined criteria; and (5) long-range planning efforts.

 Ms. Kiefer was glad the report focused on program evaluation since that has been difficult to get a handle on.  She noted that it is difficult for a government agency to operate in the same manner as businesses due to regulations and requirement for service and asked if it was possible to do so.  She noted CAP recommends the County develop a strategic plan and asked if they knew of examples done by county governments.

 Mr. Joseph said that he had the same question and spoke to Mr. Koplinka-Loehr and Mr. Whicher regarding this.  He spoke of strategic planning meaning different things to individuals and is forming a special Strategic Planning Exploration Committee to define the purpose, method proposed, resources needed, and what the end product of a strategic plan will be and how it will be useful.  The members of this Committee will be Mr. Koplinka-Loehr, Chair, Mr. Penniman, Mr. Proto, and Mr. Whicher. Mr. Joseph said he would like a report by the July 20, 2004 Legislative meeting.

 Ms. Kiefer noted that the CAP report was a consensus of the membership and inquired if any minority reports were made and was informed that while members did not always agree there were no minority reports.

 Ms. Robertson asked if anything was produced as a minority statement.  She expressed her belief that there are real differences between government and business; with many requirements that are required to be carried out whether or not profitable.  She said that there are areas that the government could learn from private enterprise and inquired if any known tools or modeling available that would be beneficial.  Ms. McPheeters said that the models that may be available would most likely be in the form of software and could possibly be undertaken.

 Mr. Lane said he had read the report and found it filled with thoughtful suggestions; he was impressed with the level of work and said it is important to work "outside of the box".

 Mr. Penniman thanked the group for its efforts.  He stated that when fixing a tax levy it is important to understand that much of the budget is set by State and Federal rules, small increases in programs could have large costs in the budget.  He hopes to see cutting of programs in areas possible as well as a shifting of priorities imposed by the State.

  Mrs. McBean-Clairborne requested and received clarification on particular areas of the report, including grant writing, partnerships, and consolidated services.  Ms. McPheeters said with regard to grant writing it is important to validate that the grant is worth obtaining due to the nature; also that the level of grant writing expertise has risen to the point it may be valid to obtain professional services.  Ms. McPheeters spoke of how Tioga County combined health insurance for towns and county to be cost-effective and things of this nature may work for Tompkins County.

Mr. Koplinka-Loehr thanked members of the Committee and noted that the Budget and Capital Committee will be reviewing the report and assigning responsibility for particular areas for review and consideration to individuals, departments or the Legislature.

 Mr. Joseph expressed his appreciation for the report.

RESOLUTION NO. 114 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ITHACA AND TOMPKINS COUNTY REGARDING DISPATCH SERVICES

 MOVED by Ms. Blanchard, seconded by Mrs. McBean-Clairborne.  Ms. Blanchard said the resolution and the resulting Memorandum of Understanding (MOU) is the work of many years and that the consolidation was recommended by the top public safety leadership in the community.  She recognized that change is difficult and there will need to be a team effort to make the transition be smooth.  Ms. Blanchard then spoke of the new Emergency Response Center's construction that will house this team and noted that input was obtained from numerous members of the public-safety community.  With regard to the MOU, Ms. Blanchard said that the delay in coming forward with the agreement was in order to discuss and reflect the very concerns that were spoken of by Mr. Katz earlier in the meeting and urged everyone to take the next step forward.

 Mr. Penniman feels it makes sense to have one answering point with so many services overlapping in one area.  He noted that calls will be answered by all dispatchers, that there would not be just one individual for all Ithaca Police Department calls and feels that staff look at the aggregate.

 Ms. Kiefer requested clarification of various areas of the Memorandum of Understanding, particularly what any ongoing expenses may be.  She was provided the information from Mr. Whicher and Mr. Shurtleff.  Ms. Kiefer expressed concern that some details within the MOU were not clearly defined and said she would like more detail on matters requiring further discussion.

 At this time it was MOVED by Ms. Robertson, seconded by Mr. Booth, to table the resolution in order to complete other business at this time.  A voice vote resulted as follows:  Ayes - 14; Noes - 1 (Legislator Totman).  RESOLUTION TABLED. (Resolution lifted from table and approved later in the meeting.)

Appointment of Interim Commissioner of Mental Health

 Mr. Wicher stated it was his pleasure to recommend Robert J. DeLuca to the position of Interim Commissioner of Mental Health for up to a one-year period, effective June 18, 2004.

 It was MOVED by Ms. Schuler, seconded by Mr. Booth, and unanimously adopted by voice vote to approve the appointment of Robert J. DeLuca to the position of Interim Commissioner of Mental Health for up to a one-year period, effective June 18, 2004.  APPOINTMENT APPROVED.

 It was MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously approved by voice vote of members present to lift the following resolution from the table.  MOTION TO LIFT FROM TABLE CARRIED.

 Mr. Penniman stated that this consolidation is an example of how difficult it is to combine services and noted the City of Ithaca taxpayers have paid for the Ithaca Police Dispatch service over the past years.  For City residents to be charged for this service by the City, and then to pay the County through taxes would be inappropriate and this is why the City charges are fixed; he noted that the County cost could increase in the future.

 Mr. Proto inquired if any of the City of Ithaca benefits package would be grandfathered into the agreement and was informed they would not.  Mr. Proto then expressed concern regarding the guarantee of 19 dispatchers and asked what would occur if this number was not needed in the future.  Mr. Whicher stated that this number provides the same number of dispatchers to adequately cover the hours of operation; if due to technology or other means the number decreases it would be renegotiated with the City.  Mr. Proto asked about funding for areas outlined in the MOU and if the costs for items were to be paid out of the capital project.  Mr. Shurtleff stated that the items should be provided through the present operational budget and rollover funding; it is not intended to use capital funds.

 Mr. Winch spoke of an e-mail received from Mr. Greg Stevenson related to funding and asked Mr. Whicher to explain the difference between what the City has paid and what the County will be required to pay.  Mr. Whicher said that when the dispatchers start with the County it is at a higher rate; hire rate of $39,800 and after nine months will receive $41,500.  In addition, there will be five positions with the City covering the cost of only four until the fifth year of the agreement, at which time it is retroactive.

 Mr. Booth asked whether all the items identified in the petition received had been discussed during the negotiation process.  Mr. Shurtleff said that he believes most have been covered.

 Mr. Lane said that he recalls that in 1991 consolidation was not attainable and that a one-button transfer was settled upon.  Now that consolidation is occurring he hopes that all issues can be resolved.  Mr. Lane said that the opportunity for input has existed in this process.  Ms. Blanchard stated the issues outlined in the petition were addressed in November 2003.  Mr. Whicher noted that more discussion at staff level regarding how this will work and what happens in the transition is needed.  He stated that the City was agreeable to the amended start date of August 1, 2004 and that it will reduce the payment from $73,510 to $62,150.

 Ms. Robertson thanked all who worked on the consolidation effort and asked those who are presently dissatisfied to see this as a beginning and not an end.

 Mr. Todd said that over the years the County has consistently taken over many functions and that it has been satisfactory.  He hopes that this consolidation will be successful as well.

 Ms. Herrera is interested in intermunicipal cooperation, consolidation and saving funds, and saving lives.  She noted this is the first she has heard of any problems.  She feels it is important to listen to what individuals have to say and was thankful that Mr. Whicher recognized this.  She believes that the individuals signing the petition have a variety of concerns in various areas and would like assurance that their comments are considered.  Mr. Whicher said there is the belief by staff that there needs to be a level of readiness and training prior to the MOU.  He noted that staff have been in disagreement for some time; however, the management level believe this can be done and all strongly believe this needs to move ahead.  Ms. Herrera asked for and received from Mr. Whicher assurance that discussions with staff would continue.

 A voice vote on the resolution resulted as follows:  Ayes - 15; Noes - 0.  RESOLUTION ADOPTED.
 
 WHEREAS, the City of Ithaca (City) and Tompkins County (County) have a long-standing relationship of providing shared emergency dispatch services, and
 WHEREAS, the City currently operates an emergency dispatch unit in the City of Ithaca, and the County currently operates a dispatching operation (located within the City of Ithaca) serving the residents of the County, and
 WHEREAS, the County is in the process of constructing a new facility that will house emergency dispatch personnel, and serve as the County's Emergency Operation Center, and
 WHEREAS, the City and the County believe that the consolidation of the separate dispatch units into a single unit will promote efficiency and serve the public interest and safety of the residents of the City and County, and
 WHEREAS, the City, and County have been engaged in the process of negotiating the terms of a Memorandum of Understanding to accomplish the goals outlined above, and the parties are in agreement on the basic concept, with some details still remaining to be agreed upon, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature hereby approves the concept of the Memorandum of Understanding as outlined in the attached proposed Memorandum of Understanding between the City and the County, subject to final agreement between the parties on some of the terms,
 RESOLVED, further, That the County Administrator be authorized to execute the said Memorandum of Understanding on behalf of the County upon review and recommendation of the County Attorney.
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______________

MEMORANDUM   OF   UNDERSTANDING

 This agreement made the _________ day of __________, 2004, between the City of Ithaca (hereinafter “the City”), a municipal corporation with offices at 108 East Green Street, Ithaca, New York 14850, and the County of Tompkins (hereinafter “the County”), a municipal corporation with offices at 125 East Court Street, Ithaca, New York 14850

W I T N E S S E T H:

WHEREAS, the City and the County have a long-standing relationship of providing shared emergency dispatch services, and
WHEREAS, the City currently operates an emergency dispatch unit in the City of Ithaca, and the County currently operates a dispatching operation (located within the City of Ithaca) serving the residents of the County, and
 WHEREAS, the County is in the process of constructing a new facility that will house emergency dispatch personnel, and serve as the County’s Emergency Operation Center, and
WHEREAS, the City and the County believe that the consolidation of the separate dispatch units into a single unit will promote efficiency and serve the public interest and safety of the residents of the City of Ithaca and Tompkins County.
NOW THEREFORE, in consideration of the mutual promises, conditions, covenants, and considerations set forth herein the parties hereto agree as follows:
1. Starting August 1, 2004, the County will start providing dispatch services for the City, and the City will cease the provision of said services.
2. Starting August 1, 2004, the three (3) dispatchers currently employed by the City shall cease to be so employed by the City and shall be transferred to the County and shall henceforth become County employees.
3. (a) Throughout the term of this agreement, the City shall pay the County the equivalent of the annual salaries and benefits for five additional dispatchers at the City
rate as outlined in Schedule A which is attached hereto and made a part hereof.
(b) The payments shall be made as follows:-

(i) In year One through Five, the City shall pay to the County an amount of $147,000 per year.  The amount for Year One shall be prorated to $61,250 in view of the commencement date of August 1, 2004 for the subject dispatch system.

(ii) The amount payable by the City to the County for the fifth dispatcher shall not become payable until year five when the cumulative sum for the said fifth dispatcher shall be paid by the City as outlined in (iii) below;

(iii) At the end of Year Five, the City shall make a payment to the County of $287,195 as partial reimbursement for the cost of a fifth dispatcher.

(iv) Beginning in Year Six the City shall pay to the County $180,000 per year for five (5) dispatchers.

(v) For purposes of this subsection, Year One shall begin on August 1, 2004 and end on December 31, 2004.  Year Two shall begin on January 1, 2005 and end on December 31, 2005.  Years three and beyond shall coincide with the following calendar years.
4. The County guarantees that at any given time it shall maintain a minimum of nineteen (19) dispatch positions.  The initial goal is to have every shift covered by at least four dispatchers, twenty-four hours a day, seven days a week, with at least one dispatcher dedicated solely to City police dispatching.  In the event that there is a change in this goal, the County shall notify the City of such change, and the parties will negotiate and agree on the subject changes.
5. The moneys payable annually by the City to the County pursuant to this agreement shall be deducted by the County from the amount due from sales tax payments that would otherwise be paid to the City.  Such sales tax payment agreement shall be amended to reflect the amounts outlined within this Memorandum of Understanding.
6. If for any reason the County’s new dispatch facility is not ready to start operating on August 1, 2004, the current three (3) City dispatchers shall still transfer to the County’s payroll effective August 1, 2004.
7. The service levels and performance expected for all dispatch services provided by the County on behalf of the City shall be as agreed upon through the following steps:

(a.) The City will provide clear procedures, policies, and expectations regarding the services to be provided by the County to the City, and the standards of performance applicable to those services.  These standards will be subject to review at least annually or upon request by either party as needed.
(b.) The City and the County will mutually agree on those procedures, policies, and expectations, so that a clear understanding will be reached of what is expected and what will be provided.
(c.) The County will provide training as necessary to ensure that all communications personnel are properly prepared to deliver the performance anticipated.  The City will participate in that training if requested to do so by the County.
(d.) The County will regularly monitor performance, and will issue reports that will be useful to the City in comparing expectations with actual performance.  If performance does not meet expectations, the County will take appropriate action to resolve the discrepancy.
(e.) In the event of a complaint regarding compliance with the performance standards outlined in 7(a) above, or other dispute regarding the terms of this agreement that cannot be resolved at the respective department head levels, the following procedure will be used:

(i) A written notice of dispute shall be given by one aggrieved party to the other.  Such notice shall identify the nature of the dispute, the facts upon which the dispute is based, and the remedy proposed to resolve it.
(ii) An answer shall be prepared and delivered within 10 calendar days of the receipt of the notice of dispute.
(iii) If the answer received is unacceptable, an appeal may be made to a panel of arbitrators to be selected as follows:  Each party (i.e. the City and County) shall each select an arbitrator, and those two shall then mutually agree on a third member of the panel. If such an appeal is desired, it shall be delivered to the panel within 10 calendar days of the answer in subsection (ii) above.
(iv) The decision of the panel shall be final and shall be rendered within 30 days of submittal.

8. Either party can terminate this agreement upon one year’s written notice to the other.  If the City terminates this agreement, the City agrees to reimburse the County $100,000 for the County’s capital expenditures related to the additional consoles purchased to accommodate the additional staff.  Likewise, if the County terminates this agreement, the County shall pay the City $100,000 to cover the expense to the City associated with re-establishing a dispatch service.
9. The County shall not subcontract dispatching services, or contract with another government entity to provide such services without first notifying the City of their intent to do so.
10. The County shall bear all costs incidental to the phasing out of the current City dispatch service, and the implementation of the new dispatch facility, including but not limited to the following:
(i) the cost of transferring four of the current dispatch telephone lines to the new facility;
(ii) the cost of the equipment needed to maintain a CAD workstation at the Ithaca Police Department to allow the Department to initiate calls for service for such things as walk-in complaints;
(iii) equipment required to transmit municipal fire alarm signals from Central Fire Station to the new County dispatch facility;
(iv) renovation of the Central Fire Station  dispatch center space;
(v) four (4) station house printers;
(vi) purchase and maintenance of a status board display for the Central Fire Station.
11. All notices herein shall be deemed sufficient and properly given if in writing and delivered in person or by Unites States Mail to the following:
(a) To the City:  Mayor, City of Ithaca, 108 East Green Street, Ithaca, New York 14850; and
City Clerk, City of Ithaca, 108 East Green Street, Ithaca, New York   14850.
          (b)     To the County:  County Administrator, 125 East Court Street, Ithaca, New York 14850.

CITY OF ITHACA:_________________________  Date:________________
By Carolyn Peterson, MAYOR
Approved as To Form:_______________________
          City Attorney
COUNTY OF TOMPKINS:____________________ Date:_________________
Stephen Whicher, County Administrator
Approved as To Form:________________________
        County Attorney

Chair's Report

 Mr. Joseph provided an update on the State requirement that all Probation Officers receive weapons training.  He spoke of letters he had written, one to the Ithaca Journal condemning the requirement, and one to each State legislator to ask that they take the initiative to bring forth legislation to remove the requirement when the Probation Officers are not allowed to carry weapons.  Assemblywoman Barbara Lifton and Senator Michael Nozzolio have sponsored and introduced legislation to eliminate the requirement for those not carrying weapons in the course of the job.  He said it is a positive step forward and hopes this legislation will pass.

Report from the County Administrator

 Mr. Whicher did not have a report.

Report from the County Attorney

 Mr. Wood did not have a report.

Report from the Finance Director

 Mr. Squires did not have a report

Additions of Resolution(s) to the Agenda

 There were no resolutions added to the agenda.

Withdrawal of Resolution(s) from the Agenda

 The following resolutions was withdrawn from the agenda:

· Revision of Administrative Manual Policy - 02-01 - Creating New Positions and Reclassifying Existing Positions
· Adoption of Revised Administrative Manual Policy 01-10 - Contracts (available 6/15/04)

Approval of Resolution(s) Under the Consent Agenda

 It was MOVED by Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda:

RESOLUTION NO. 115 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FOR THE BENEFIT OF THE DRUG COURTS OF TOMPKINS COUNTY - PROBATION AND COMMUNITY JUSTICE DEPARTMENTS

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

 WHEREAS, the Probation and Community Justice Director has been notified of a grant award in the amount of $40,000 for a local foundation that has requested no publicity for the grant, to provide support for the Drug Treatment Courts of Tompkins County, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That the County hereby accepts the grant in the amount of $40,000 and that the County Administrator or his designee execute all contracts related to this award,
 RESOLVED, further, That the Finance Director is directed to make the following budget adjustments for 2004:

FROM:   A3990.42705 Gifts and Donations  $40,000

TO:   A 3990.54491 Sub-Contracts   $36,000
   A 3990.54333 Education and Promotion $  4,000

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 RESOLUTION NO. 116 - ACCEPTANCE OF STATE HOMELAND SECURITY PROGRAM GRANT - EMERGENCY RESPONSE CENTER

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

 WHEREAS, the State Homeland Security Program (SHSP) has allocated funding in the amount of $100,000 for Tompkins County's public safety responders through a grant program to be administered through the Department of Emergency Response, and
 WHEREAS, the funds will be advanced to the County for use by the end of Federal Fiscal Year 2005 in the implementation of state and local terrorism response strategies, and
 WHEREAS, the funds must strictly support planning, equipment, training, and exercise needs associated with preparedness and prevention activities for terrorist events using weapons of mass destruction involving chemical, biological, radiological, nuclear, and explosive materials, and
 WHEREAS, comprehensive first responder training and agency equipment needs meet eligibility requirements of the program and are consistent with local public safety needs and initiatives, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts the SHSP funding for responder training and equipment activities, and hereby assigns the Department of Emergency Response to administer the local program pursuant to the review of the Public Safety Committee,
 RESOLVED, further, That the Finance Director is hereby authorized to make the following adjustment:

FROM:   3410.43389 Other Public Safety $100,000

TO:   3410.54400 Program Expense $100,000

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RESOLUTION NO. 117 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2004-2005

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

 WHEREAS, the Strategic Tourism Planning Board has traditionally recommended the appropriate agency for designation as the New York State Tourism Promotion Agency (TPA) as part of its review function for tourism matters, and
 WHEREAS, the Strategic Tourism Planning Board has reviewed the matter with appropriate agency representatives, and
 WHEREAS, the Strategic Tourism Planning Board feels qualified to make a recommendation of the best agency to have the TPA designation, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the designation of the TPA for State Fiscal Year 2004-2005 be awarded to the Ithaca/Tompkins County Convention and Visitor’s Bureau.
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RESOLUTION NO. 118 - ACCEPTANCE OF GRANT TO INCREASE PHYSICAL AND PROGRAMMATIC ACCESS TO THE ONE-STOP SYSTEM FOR INDIVIDUALS WITH DISABILITIES - TOMPKINS COUNTY       WORKFORCE INVESTMENT BOARD

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

WHEREAS, the Tompkins County Workforce Investment Board was recently awarded a $24,960 grant from the Research Foundation for Mental Hygiene, Inc., and
WHEREAS, the grant will be used to provide increased accessibility for individuals with disabilities to the One-Stop System, and
WHEREAS, the funding will be used to provide greater outreach in the community, assistive technology in the One-Stop Center, and updated marketing, and staff training, and
WHEREAS¸ no local funding is needed for this initiative, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts the grant in the amount of $24,960,
 RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books:

REVENUE:  CD6290.44790  Federal Aid Job Training    $24,960

APPROPRIATION: CD6290.54491  Subcontracts          $  7,400
   CD6290.54414  Local Mileage  $     360
   CD6290.52206  Computer Equipment $  4,231
   CD6290.52210  Office Equipment $     795
   CD6290.52230  Computer Software $     580
   CD6290.54303  Office Supplies  $     494
   CD6290.54472  Telephone  $  1,100
   CD6290.54433  Education and Promotion $ 10,000
 
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RESOLUTION NO. 119 - ACCEPTANCE OF PROMISING PRACTICES FUNDING  -   TOMPKINS COUNTY WORKFORCE INVESTMENT BOARD

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

WHEREAS, in 2003 the New York State Department of Labor made funding available to local Workforce Investment Areas for the creation of promising practices that can be used throughout New York State, and
WHEREAS, the Tompkins County Workforce Investment Board submitted a proposal for the development and implementation of a resource sharing agreement within the One-Stop Center, and
WHEREAS, the proposal was the direct result of partners within the workforce development system experiencing funding challenges and the need to pursue alternative methods for meeting their obligations under the Memorandum of Understanding, and
WHEREAS, the creation of the agreement has resulted in improved service integration and cross training of staff and greater participation and increased equity among partners, and
WHEREAS, the New York State Department of Labor determined that the proposal meets the objective that such an agreement is replicable across New York State and awarded $75,000 to Tompkins County for this initiative, and
WHEREAS, the funding will be used to offset One-Stop infrastructure costs as well as offset Board administration costs, and
WHEREAS, $57,096 of advanced federal funding was used in 2003 to offset the above mentioned costs and at this time it is requested that the remaining funds be brought into the 2004 budget, and
 WHEREAS¸ no local funding is needed for this initiative, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts the grant in the amount of $75,000,
 RESOLVED, further, That the Finance Director is authorized to repay the advanced federal funding and to make the following budget adjustment to his books for the remainder of the funding:

REVENUE:  CD6290.43790  State Aid Job Training    $17,904

APPROPRIATION: CD6290.51000187 Salary      $   2,172
   CD6290.51000535 Salary      $   1,426
   CD6290.52206  Computer Equipment    $   2,000
   CD6290.52214  Office Furnishings    $   1,200
   CD6290.58800  Fringes   $   1,406

   CD6292.52206  Computer Equipment $   5,000
   CD6292.52214  Office Furnishings $   1,500
   CD6292.52230  Computer Software $   2,000
   CD6292.54303  Office Supplies  $   1,200

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RESOLUTION NO. 120 - ACCEPTANCE OF DISABILITY PROGRAM NAVIGATOR FUNDING  - TOMPKINS COUNTY WORKFORCE INVESTMENT BOARD

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

WHEREAS, the United States Department of Labor in collaboration with the Social Security Administration has made available funding for the implementation of a Disability Program Navigator position in Tompkins County’s One-Stop Center, and
WHEREAS, the position will provide guidance to individuals with disabilities on the myriad  services available to them, including individuals training accounts, connection to employers, expert information about the Social Security Administration’s work incentives and other employment support programs, and
WHEREAS, the activities of the Navigator position are designed to integrate these services and dissemination of expert Social Security Administration employment support information into the State and local One-Stop Career Center structure, and
WHEREAS, Challenge Industries, a partner in the Workforce Development System, employs an individual already trained and qualified to provide these services currently, and
WHEREAS, the funding will be used to contract with Challenge Industries to provide this service within the One-Stop Center for the duration the funding is available, and
WHEREAS, no local funding is needed for this initiative, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts the grant in the amount of $55,700,
 RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books:

REVENUE:  CD6290.43790  Federal Job Training    $  55,700

APPROPRIATION: CD6290.54491  Subcontracts          $  53,700
   CD6290.54319  Program Supplies $       550
   CD6290.54412  Travel   $       500
   CD6290.54414  Local Mileage  $       200
   CD6290.54333  Education and Promotion                  $       750

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RESOLUTION NO. 121 - ACCEPTANCE OF LOCAL SKILLS II FUNDING  - TOMPKINS COUNTY WORKFORCE INVESTMENT BOARD

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

WHEREAS, in 2002 the New York State Department of Labor provided funding for the identification of key industries, targeted occupations, and skills gaps in Tompkins County, and
WHEREAS, several industries, occupations, and skills were identified as experiencing substantial growth or being in short supply in Tompkins County, and
WHEREAS, the Workforce Investment Board has placed priority on basic skills training, with an initial focus on the retail, food service, and hospitality industries, and
WHEREAS, in 2003 the New York State Department of Labor provided an additional $100,000, to address the customer service skills deficiency and $34,276 of that funding was used in the 2003 budget, and
WHEREAS, the New York State Department of Labor approved the use of the Skills II funds for the implementation of a Sales and Service Center in Tompkins County that offers successful participants an opportunity to achieve national accreditation through the National Retail Federation Foundation, and
WHEREAS, training at the Center is conducted by a certified trainer and primarily targets unemployed jobseekers with limited work experience with focus being placed on welfare-to-work participants, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts the grant in the amount of $100,000,
 RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books, to bring the remaining funds into the 2004 budget:

REVENUE:  CD6290.43790  Federal Job Training    $  65,724

APPROPRIATION: CD6290.51000187 Salary           $    9,568
   CD6290.58800  Fringe   $    3,732
   CD6290.51000347 Salary   $  37,355
   CD6290.58800  Fringe   $  14,569
   CD6290.54342  Food                                  $       500

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RESOLUTION NO. 122 -   ACCEPTANCE OF STATEWIDE RAPID RESPONSE FUNDING – TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

WHEREAS, the New York State Department of Labor has made available funding for the purpose of providing rapid response to dislocated workers impacted by the Trade-Act, and
WHEREAS, the funding will be used for staff time devoted to Trade-Act related employment and training services integrated into the workforce delivery system, and
 WHEREAS¸ no local funding is needed for this initiative, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts the funding in the amount of $50,000,
 RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books:

REVENUE:  CD6292.43790  State Aid Job Training    $  50,000

APPROPRIATION: CD6292.51000  Salary            $  35,971
   CD6290.58800  Fringe    $  14,029
 
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RESOLUTION NO. 123 - ACCEPTANCE OF FUNDING FROM THE NATIONAL RETAIL FOUNDATION - TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

WHEREAS, the National Retail Foundation awarded a mini grant to the Tompkins County Office of Employment and Training for marketing and outreach of the Sales and Service Center located at Tompkins Workforce New York, and
WHEREAS, participants completing training at the Sales and Service Center receive a national credential from the National Retail Foundation, and
WHEREAS, Tompkins County is one of only two workforce investment areas in New York State to have a Sales and Service Training Center located at their One-Stop Center, and
WHEREAS, outreach will be conducted to local retail, food service and hospitality businesses in Tompkins County through staff visits, marketing brochures and other media in an effort to sustain the Sales and Service Center in future years, as well as provide information about services available at the Center, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts the grant in the amount of $20,000,
 RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books:

REVENUE:  CD6292.43790  Federal Job Training    $  20,000

APPROPRIATION: CD6292.51000748 Salary           $   10,072    Fringe   $    3,732
   CD6292.58800  Fringe                                  $      3,928
   CD6292.54319  Program Supplies $     2,500
   CD6292.54412  Travel and Training $        500
   CD6292.54333  Education and Promotion                  $      3,000

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RESOLUTION NO. 124 - ACCEPTANCE OF FUNDING FROM LANSING SCHOOL DISTRICT FOR JAIL TRANSITION PROGRAM - TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

WHEREAS, in 2003 the Lansing School District contracted with the Tompkins County Office of Employment and Training for a transition program at the Tompkins County Jail, and
WHEREAS, funding for the program was made available to the Lansing School District through Carl D. Perkins vocational education funding (federal funding), and
WHEREAS, the funding will be used to provide workforce preparation services to the incarcerated population upon release; said services to include: assessment; links to training opportunities; facilitated job search; one-on-one case management and follow up after release, and
WHEREAS, the funding will also be used to purchase two computers for use by the inmates to participate in soft skills training, job searches, interest inventories, and occupational analysis, as well as the purchase related office supplies and literature to support work search functions, such as resume and cover letter building, and
WHEREAS, the program will run simultaneously with the G.E.D. services offered by the Lansing School district in an effort to maximize services rendered to jailed recipients, and
WHEREAS, the renewal of the contract with Lansing School District will occur annually, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts the grant in the amount of $60,000, of which $20,239 of the funding was included and expended in 2003 budget,
 RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books to bring the remainder of the funding into the 2004 budget:

 REVENUE: CD6292.43790  Federal Job Training     $  39,761

APPROPRIATION: CD6292.51000773 Salary       $   10,331
   CD6292.58800  Fringe       $     4,030
   CD6292.52206  Computer Equipment     $     3,800
   CD6292.54319  Program Supplies  $     2,500   CD6290.58800  Fringe   $    3,732
   CD6292.54400  Program Expense                                  $    12,000
   CD6292.54412  Travel/Training     $ 500
   CD6292.54414  Local Travel     $      200
   CD6292.52214  Office Furnishings                $      1,500
   CD6292.54618  Interdepartmental Charge          $      3,400
   CD6292.54472  Telephone   $        500
   CD6292.54303  Office Supplies  $     1,000
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RESOLUTION NO. 125  - SUPPORTING THE ELIMINATION OF THE SUNSET PROVISIONS OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) AND THE CULTURAL EDUCATION FUND (CEF) - COUNTY CLERK

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

 WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve, or enhance records management programs in New York's more than 4,300 local governments, and
 WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and
 WHEREAS, both LGRMIF and DHP are funded through fees collected by the County Clerk, and
 WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and
 WHEREAS, the New York State Legislature since 1995 has twice extended the sunset date, most recently to December 31, 2005, and
 WHEREAS, the LGRMIF has effectively supported essential advisory services for 6,300 grants totaling over $113 million to improve the management of records for over half of all New York State local governments, and
 WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and
 WHEREAS, Tompkins County has benefited from technical assistance, training, publication, and thirteen grants totaling $466,527, supported by the LGRMIF, and
 WHEREAS, the State Legislature created the closely-related Cultural Education Fund (CEF) to support the New York State Archives, New York State Library, and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with an identical sunset date, and
 WHEREAS, the LGRMIF and CEF continue to be critically important in the fulfillment of the many records and information-related responsibilities of Tompkins County, and to the cultural and scientific needs of the people of New York State, now therefore be it
 RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That the Tompkins County Legislature supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent,
 RESOLVED, further, That copies of this resolution be sent to Governor George Pataki, President Pro-Tem of the New York State Senate Joseph Bruno, Speaker of the Assembly Sheldon Silver, Senator James L. Seward, Senator John R. Kuhl, Senator Michael Nozzolio, Assemblywoman Barbara Lifton, New York State Association of Counties, and New York State Archives.
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RESOLUTION NO. 126 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote, under Consent Agenda.

 RESOLVED, on recommendation of the Planning, Development and Environmental Quality and Consumer and Community Affairs Committees, That the Director of Finance be directed to make the following transfer and budget adjustment on his books:

BUDGET ADJUSTMENT
Workforce Development (#23)
Revenue Acct      Title           Amt         App. Acct.                 Title(s) _____
CD6290.44790 Federal Revenue    $  2,040 6290.54400  Program Expense
CD6290.44790 Federal Revenue    $  2,040 6290.54400  Program Expense CD6290.44790 Federal Revenue    $  4,080 6290.54400  Program Expense CD6290.44790 Federal Revenue    $  3,652 6290.54400  Program Expense
CD6290.44790 Federal Revenue    $  1,931 6290.54400  Program Expense

Explanation:  Supplemental Dislocated Worker Funding received for reaching milestones; additional 2004-2005 Dislocated Worker Funding allocation; additional 2004-2005 WIA Adult funding allocation.

Workforce Development (#24)
Revenue Acct      Title           Amt         App. Acct.                 Title(s) _____
CD6292.44790 Federal Revenue    $26,496 6292.5100779 Salaries
CD6292.44790 Federal Revenue    $10,334 6292.58800  Fringes

Explanation:  Funds to be used to pay Employment and Training Clerk working on OSOS connectivity, data entry, and analysis.

Workforce Development (#25)
Revenue Acct      Title           Amt         App. Acct.                 Title(s) _____
6292.44790 Federal Revenue $  3,498 6292.54400 Program Expense
6292.44790 Federal Revenue $32,872 6292.54400 Program Expense
6292.44790 Federal Revenue $  8,026 6292.54400 Program Expense
6292.44790 Federal Revenue $10,223 6292.54400 Program Expense
6292.44790 Federal Revenue $17,375 6292.54400 Program Expense
6292.44790 Federal Revenue $10,690 6292.5100748 Salaries
6292.44790 Federal Revenue $  4,172 6292.58800 Fringe

Explanation:  Supplemental Dislocated Worker Funding received for reaching milestones; 2004-2005 additional Dislocated Worker Funding; 2004-2005 additional WIA audit funding allocation; funds to be used to pay Workforce Development Specialist acting as Business Solutions Coordinator.

Workforce Development (#26)
Revenue Acct      Title           Amt         App. Acct.                 Title(s) _____
CD6290.44790 Federal Revenue           $371,040       CD6290.54491 Subcontracts
CD6290.44790 Federal Revenue           $    2,497       CD6290.51000187 Workforce Dev. Director
CD6290.44790 Federal Revenue           $    7,004       CD6290.51000535 Administrative Assistant
CD6290.44790 Federal Revenue           $    3,706       CD6290.58800 Fringe Benefits
CD6290.44790 Federal Revenue           $    1,200       6290.54412 Travel and Training
CD6290.44790 Federal Revenue           $       500       6290.54414 Local Mileage
CD6290.44790 Federal Revenue           $    1,000       6290.254303 Supplies
CD6290.44790 Federal Revenue           $  25,320       6290.54400 Program Expense

Explanation:  Funds to be used to administer the 2004-2005 WIA Youth Employment Program; the 2004 budget did not allow for 100% funding of Workforce Development Director and Administrative Assistant positions, the administrative funding for the WIA will cover part of that shortfall; Funds to be used to cover anticipated year-end shortfall.

Board of Elections (#33)
Revenue Acct      Title           Amt         App. Acct.                 Title(s) _____
1450.51000744  Executive Assistants  $  4,228      1450.51000175 Deputy Commissioners
                             to Commissioners     of Elections
1450. 51000744 Executive Assistants  $  4,228      1450.51000503 Clerk
                             to Commissioners
1450.51200503 Clerk    $23,542      1450.510005 Clerk
 
Explanation:  The office staff was reclassified, new positions were created.  Money from the old position needs to be put into the new position; there was a vacancy in a position which caused a need for temporary help; correction of payroll accounting.
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Approval of Appointment(s) Under the Consent Agenda

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

Water Resources Council
Paul F. Tunison – At-large representative; term expires December 31, 2005

Strategic Tourism Planning Board
Ken Jupiter –At-Large representative; term expires December 31, 2006

Planning Advisory Board
Richard Coogan – Local Planning (non-urban representative) - term expires December 31, 2004

Family Court Advisory Council
Micaela Salort Corazon – At-large representative; term expires December 31, 2006

Tompkins County Public Library Board of Trustees
Rochelle E. Proujansky – Term expires December 31, 2006

Report from the Communications Capital Projects Committee

 Mr. Penniman, Chair, said the Committee has not met since the last Legislative meeting.  The next meeting will be on Thursday, June 18, 2004.

Report from the Space Needs and Location Committee

 Mr. Proto, Chair, said the regular meeting was postponed due to the Request for Qualifications distributed.  As soon as this information is received the Committee will convene.  The next regular meeting will be on July 14, 2004.

Report and Presentation of Resolution(s) from the Health and Human Services Committee

 Ms. Robertson, Chair, said the Committee met on June 9 and will meet again on June 23 for budget meetings and a discussion of prescription drug plans.  She said Ms. Falcao of the Health Planning Council is preparing a spreadsheet that compares the various plans reviewed by the Committee.
 
RESOLUTION NO. 127 - INCREASE IN HOURS - FISCAL COORDINATOR - MENTAL HEALTH

 MOVED by Ms. Robertson, seconded by Mr. Booth.  Mr. Proto inquired about the hours for this position.  It was explained that this is due to a retirement of an individual and subsequent reclassification.  He asked if this position could complete their duties in a 35 hour work week and was informed that it is not advisable and that the position is funded by the State.

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

 WHEREAS, the Mental Health Department's Fiscal Coordinator is required to administer and coordinate all aspects of the funding streams for the Mental Health Department, and
 WHEREAS, the duties and responsibilities of this recently reclassified Fiscal Coordinator position are such that they can only be efficiently accomplished in a forty-hour work week, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That one position of Fiscal Coordinator - Mental Health (782/14) competitive class be hereby increased from 35.0 hours to 40.0 hours per week effective immediately,
 RESOLVED, further, That no additional County funding is necessary at this time.
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Report and Presentation of Resolution(s ) from the Public Safety Committee

Ms. Blanchard, Chair, said the Committee met on June 3rd and heard information from Sheriff Meskill regarding the cooperative program in the jail supported by the Lansing School District, the jail administration, and Workforce Development Center that provides resources for clients who would like better job skills.  She said that Mr. Shurtleff spoke of the homeland security funds that are forthcoming and how they provide more flexibility regarding their use.  Time was spent with the design consultants from Jacobs Facilities reviewing the public safety building project to date, a presentation for the full Legislature should take place the last meeting in July.  In addition, the Committee received an update on the Emergency Response Center that included information on the delay due to infrastructure modifications.  Ms. Blanchard reported that the July meeting has been changed to July 9th at 1:00 p.m. during which the State Police will be present to discuss their role of public safety in Tompkins County in relation to the Sheriff's road patrol.

RESOLUTION NO. 128 - APPROVAL OF AMENDED BYLAWS OF THE TOMPKINS COUNTY CRIMINAL JUSTICE ADVISORY/ALTERNATIVES TO INCARCERATION BOARD

 MOVED by Ms. Blanchard, seconded by Mr. Penniman.  Mr. Proto said he has concerns with the proposed bylaws in several areas as noted in his previous correspondence:  the lack of attendance at meetings not addressed sufficiently, and he does not feel the requirement to find a replacement if unable to serve on the board is appropriate.  In addition, he questions the ability to vote by proxy.  Ms. Blanchard said that it is a very large committee and that as such attendance of the full committee is difficult.  She said it was thought that if you were unable to serve, the positions would be more easily filled if you found your own replacement in the specified field.

Mr. Wood suggested that the portion related to voting by proxy be deleted, stating it raises an issue under open meetings law.  He also stated that this advisory board only provides a sense of body opinion with the exception of the official plan that is submitted by the County Administrator.

Ms. Kiefer said that sense of the body resolutions are covered in Roberts Rules and feels that it is appropriate.

It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to remove the language in the proposed bylaws related to the ability to vote by proxy.

Mr. Joseph said a great deal of discussion occurred regarding the ability to vote by proxy; many members desired to have the ability to vote on certain issues.  Mr. Wood said Open Meetings Law says it has to be open.  He cannot say for certain whether voting by proxy is allowable but he feels it raises a legal issue.  Ms. Kiefer stated she feels that the ability to vote should be tied into being present for the discussion.  Ms. Robertson agreed with what had been stated and noted the membership is defined by New York State Law.

 A voice vote on the motion to strike the portion related to voting by proxy resulted as follows:  Ayes - 13; Noes - 2 (Legislators Joseph and Schuler).  MOTION CARRIED.

 Mr. Proto said that perhaps if there is attendance difficulty perhaps the group should be reduced to only those prescribed by the Executive Order.  It was noted that those are the ones who have trouble attending, which was why the group was enlarged.

 Mr. Penniman was excused at this time (7:54 p.m.).

 A voice vote on the resolution resulted as follows:  Ayes - 14; Noes - 0; Excused - 1 (Legislator Penniman).  RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Criminal Justice Advisory/Alternatives to Incarceration Board's bylaws have been revised to reflect changes required by New York State Executive Law Article 13-A § 261 (2), now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That the bylaws for the Tompkins County Criminal Justice Advisory/Alternatives to Incarceration Board be and hereby are approved,
 RESOLVED, further, That a copy of the revised bylaws shall be kept on file with the Clerk of the Legislature.
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Report from the Facilities and Infrastructure Committee

 Mr. Booth, Chair, did not have a report.  The next meeting will be on June 22, 2004.

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

 Ms. Herrera, Chair, reported the Committee met on June 2, 2004, at which time they received an update on the Tompkins County Comprehensive Plan, acted upon resolutions presented by the Strategic Tourism Planning Board, and were introduced to the new STPB Director, Fred Bonn, and received a report from Ms. Giordano of Workforce Development on her recent trip to Africa.  The next meeting will be on July 7th.

It was MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, to approve the following appointment to the Strategic Tourism Planning Board.  Ms. Schuler questioned the dates involved and noted the dates on the application were a result of restructuring of positions.  A voice vote occurred as follows:  Ayes - 14; Noes - 0; Excused - 1 (Legislator Penniman).  APPOINTMENT APPROVED.

Richard Adie – Hotel/Bed and Breakfast representative term expires December 31, 2005

Report from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, reported the Committee met on June 3, 2004, at which time the Committee heard an initial presentation from the County Clerk regarding a proposal to provide documents on file via the internet; the Tompkins County Public Library regarding options for funding and possible changes to the Charter; and the Board of Elections on information related to Help America Vote Act and the impacts of centralization of voting equipment.  The next meeting will be July 1st.

 Mr. Proto called attention to the fact that Ms. Kiefer had attempted outreach to the municipalities regarding the Help America Vote Act and centralization issues.  He feels it is good that they now desire participation but wanted it on the record that the County had requested input on this about a year ago.

Report from the Ethics Advisory Board

 Ms. Kiefer, Chair said that the committee met on June 14th to perform the annual review of financial disclosure forms.  She said that although due one month ago there were still six forms outstanding as of the meeting.  Of the six outstanding only two remain as of this time.
 
Report and Presentation of Resolution(s) from the Budget and Capital Committee

 Mr. Koplinka-Loehr, Chair, said the committee met on June 8th at which discussions of policies were discussed and forwarded on to various committees.

RESOLUTION NO. 129 - AMENDMENT OF RESOLUTION NO.  106 OF 2004 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2003 TO VARIOUS ACCOUNTS

 MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne.  A discussion on the funding of the Probation Officer position occurred.  It was noted that there is a high case load and it is more beneficial to fund this position at this time.  In addition, the position will only be filled as long as it is funded through Department of Social Services in future years.  It was suggested that information noting the limited funding be placed within the explanation.

 A short roll call vote resulted as follows:  Ayes - 12; Noes - 2 (Legislators Booth and Proto); Excused - 1 (Legislator Penniman).  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 Probation and Community Justice Department in the amount of $57,427 in the current year budget, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the following transactions are approved:

BUDGET APPROPRIATION:

FROM: General Fund Balance        $ 57,427

TO:

Probation - Salary - Probation Officer* 3142.51000585       21,519
Probation - Fringes - Probation Officer* 3142.58800             8,392
Probation - State Aid Leveraged 3142.43310           (14,179)
Probation - Department Equipment 3141.52220             2,000
Probation - Professional Services – Elec. Monitoring    3141.54442             3,000
Probation - Computer Equipment 3142.52206            34,695
Probation - Computer Software 3142.52230         2,000 $ 57,427

 SEQR ACTION:  TYPE II-20

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* The position of Probation Officer will be filled if funding through Department of Social Services is available to continue the position.

Report from Government Operations Committee

 Mr. Lane, Chair, said the committee had not met.  The next meeting is on June 17th.

Approval of Minutes

 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, to approve the minutes of the June 1, 2004 as amended.  A voice vote resulted as follows:  Ayes - 14; Noes - 0; Excused - 1 (Legislator Penniman).  MINUTES APPROVED.

Adjournment

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