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

Pledge of Allegiance to the Flag and Roll Call of Members Present

 Members and Guests participated in the Pledge of Allegiance to the Flag.

 Present:  14 Legislators.  Excused:  1 (Legislator Totman).

Privilege of the Floor by the Public

 No member of the public wished to speak.

Privilege of the Floor by Legislators

 Mr. Koplinka-Loehr, District No. 11 Legislator, presented the Legislature and public with a video presentation on his upcoming swim of Cayuga Lake.  Mr. Koplinka-Loehr will be attempting to swim the length of the Lake (42 miles) for the purpose of raising money to fund the Tompkins County Quality of Life fund which will aid certain program needs that are unlikely to survive the regular County budget process.

 Mr. Lane, District No. 14 Legislator, commented on the lack of a State budget and said tomorrow will make it the latest State budget ever.  He said we have the most undemocratic system in our State government with more and more people questioning it every day.

 Ms. Robertson, District No. 13 Legislator, highlighted an article in the Ithaca Times in which it was reported that the Fingerlakes Elections Committee has registered 1,675 voters in New York State and Pennsylvania since the beginning of the year.  She said the deadline for registering to vote in the Presidential Election is October 8th.
 
 Ms. Robertson also reported she heard a story on NPR about the number of people who have lost their health care.  In 2001, 67 percent of people had health insurance through their employer, but that number has gone down to 63 percent today.  She said it was reported that there has also been a 28 percent increase in employer-based coverage.

 Mrs. Schuler, District No. 4 Legislator, complimented the “2004 4-H Acres Youth Fair” which is a division of Cooperative Extension of Tompkins County that took place this past Wednesday through Saturday.  The four-day event featured 4-H youth and their exhibits, animals, demonstrations, games, and booths.  The experience gained by these young people is truly a lifelong contribution to this County.

Report from the County Administrator

 Mr. Whicher reported the majority of departments have submitted 2005 budget proposals.  He said there were no surprises and the budget stands as he had expected.  He will provide the Legislature with updates as the process moves forward.

Report from the County Attorney

 Mr. Wood had no report.

Report from the Finance Director

 Mr. Squires reported a payment was received from New York State on the increased Motor Vehicle Use Tax for $14,000 which represents June income.  The budgeted amount was $140,000 for the year; therefore, he expects a $60,000 shortfall for the 2004.  He reported the State Comptroller will be coming to conduct research on the IDA, specifically on its information relating to job creation.

Addition of Resolution(s) to the Agenda

 On motion of the appropriate committee chair and duly seconded and unanimously adopted by voice vote by members present, the resolution entitled Creation of Emergency Services Dispatcher Positions – Department of Emergency Response, was added to the agenda.

Withdrawal of Resolution(s) from the Agenda

 Chair Joseph gave Mr. Lane, Government Operations Committee Chair, permission to withdraw from the agenda the resolution entitled Revision of Administrative Manual Policy 052-01 – Creating New Positions and Reclassifying Existing Positions.

Approval of Resolution(s) Under the Consent Agenda

RESOLUTION NO.  158 - AUTHORIZATION TO ACCEPT INNOVATIVE DENTAL       HEALTH SERVICES GRANT FUNDS AND ASSOCIATED BUDGET ADJUSTMENT – HEALTH DEPARTMENT AND DEPARTMENT OF SOCIAL SERVICES

 MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, the Tompkins County Health Department has been awarded a second $32,109 grant by New York State to support the Tompkins County Department of Social Services program to increase accessibility of dental care by private Tompkins County providers for Medicaid clients, and
WHEREAS, these grant funds are available as partial reimbursement of expenditures made on that program between July 1, 2004 and June 30, 2005, now therefore be it
 RESOLVED, on the recommendation of the Health and Human Services Committee, That the Health Department is authorized to accept and transfer said funds to the Department of Social Services,
 RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment on his books:

REVENUE:   A4010.43489  Other State Grants  $21,168
APPROPRIATION:  A4010.54442  Professional Service Fees $21,168
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RESOLUTION NO.  159  - ACCEPTANCE OF JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) FROM NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES – BUDGET ADJUSTMENT –       DEPARTMENT OF SOCIAL SERVICES

 MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda.

WHEREAS, the Department of Social Services applied to the New York State Division of Criminal Justice Services (NYS DCJS) for a grant to address an unmet need regarding early and consistent assessment of high-risk youth identified by schools, Probation, Mental Health, and the Department of Social Services, and
WHEREAS, the DCJS has approved $11,683 in funding through the Youth Risk and Needs Assessment Project through the Juvenile Accountability Block Grant (JABG), and
WHEREAS, the grant will allow the Department to interface with other departments and local agencies to procure a tailored risk and needs assessment tool for use with high risk youth and juvenile offenders, facilitating delivery of comprehensive and effective early intervention services, and
WHEREAS, use of the standardized risk and needs assessment tools early in the juvenile justice process will increase early intervention in school settings, stabilizing the targeted youths’ education programs and preventing out-of-home residential placements, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to accept the Juvenile Accountability Block Grant from the New York State Division of Criminal Justice Services for the purposes of identifying and implementing the most appropriate risk assessment services for the identified youth of Tompkins County,
RESOLVED, further, That the Director of Finance shall make the following budget adjustment representing the total project cost:

REVENUE:  A6010.43389  State: Other Public Safety $11,683
APPROPRIATION: A6010.54400  DSS Admin: Program Expense $11,683
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RESOLUTION NO. 160 - INCREASING THE HOURLY FEE FOR ATTORNEYS REPRESENTING THE DEPARTMENT OF ASSESSMENT IN REAL PROPERTY TAX LAW ARTICLE 7, CERTIORARI       PROCEEDINGS - ASSESSMENT DEPARTMENT

 MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, the Tompkins County Department of Assessment utilizes the services of local attorneys in lawsuits brought against the County by Real Property owners, and
 WHEREAS, the current fee (since 1999) of $115.00 per hour is considerably below what an experienced attorney in private practice charges, and
 WHEREAS, the immediate availability, competent representation, and counsel from these attorneys are of primary importance to the Director of Assessment for a successful outcome of said lawsuits, now therefore be it
 RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the hourly fee for attorneys from the private sector, representing Tompkins County in said judicial proceedings, shall be increased to $125.00 per hour, effective immediately.
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Approval of Appointment(s) Under the Consent Agenda

 It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

Board of Health
William S. Tyler – Physician; term expires December 31, 2006

 An appointment to the Planning Advisory Board was made later in the meeting, following the Planning, Development and Environmental Quality Committee report.

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

RESOLUTION NO. 161 – APPROPRIATION FROM CONTINGENT FUND – TERMINAL PAY –  HEALTH DEPARTMENT

 MOVED by Ms. Robertson, seconded by Mr. Booth.  A short roll call vote resulted as follows:  Ayes – 14, Noes – 0, Excused – 1 (Legislator Totman).  RESOLUTION ADOPTED.

 WHEREAS, the Health Department had two Community Health Nurse resignations effective April 1, 2004, and May 7, 2004, and
WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:

 FROM:  A1990.54440  Contingent Fund  $7,151
 TO:  A4016.51000580 Community Health Nurse $5,145
   A4016.58800  Fringes    $2,006
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Explanation:  Resignation reasons given were related to high workload/stress due to insufficient numbers of staff and the budget process (has been on the “block” twice in the last two budget cycles) and the need for job security.

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

RESOLUTION NO. 162 - CREATION OF DATA COLLECTOR POSITION - ASSESSMENT DEPARTMENT

 MOVED by Ms. Herrera, seconded by Ms. Schuler.  Ms. Herrera said this position is needed as soon as possible so that the assessment process remains fair.  This will not add staff, it will only restore one staff person at a lower salary and position level than was originally requested.  She said the Department has been functioning as well as could be expected after suffering cuts of several positions. However, they are in need of this position which will collect and verify data.  Without this position the Department will be hindered in accomplishing the task of annual assessments.

 Mr. Lane said he did not support this in the program committee for the same basic reasons he wanted to move from performing annual assessments to three-year assessments.  He said the Director of Assessment informed this Legislature that if it wished to continue annual assessment, it would need additional staff.

 Mr. Penniman said when this Legislature voted on annual assessment he was under the impression that some additional State revenues might be available.  He asked if there is any new information on what revenues may be available.   Mr. Franklin, Assistant Director of Assessment, stated he does not believe there will be any additional State revenue.  He said because a State budget has not yet been adopted, it is unclear what the implications of that will be.   At this point in time he is hoping that the State Aid currently being received by the Department will be maintained.

 Mr. Proto spoke of the Assessment Department and how hard the staff works; however, he suggested postponing this until the budget process.

 Ms. Kiefer said over the last few years the Assessment Department has reduced its employee numbers below what it should be.  As a result the Department has realized it cannot handle annual assessments and keep healthy, productive employees.  Ms. Kiefer said this Legislature voted to continue with annual assessment and she believes deferring action until later would be a mistake.

 Mr. Franklin said the Department would not be asking for this position at this time of year unless it was extremely necessary.  He stated the number of employees in the Department has been reduced from 19 to 13 in recent years; this position would bring the total back to 14.  He stated the Department reviews all of the 33,459 properties within the County each year, and the assessment cycle for 2005 began July, 2004. .

 Ms. Herrera noted the Assessment Department provides the County with revenues and that fair and equitable assessments are vital to the process.

 Mr. Winch stated this is one department that has been able to keep up to date with computer systems and has made the best use of its employees.  He feels this should be viewed as an investment and not an expense.

 Ms. Robertson stated this Department sees a lot of the public in a pressed period of time.  She stated all comments she has received from the public who have dealt with the Assessment Department have been positive.

 Ms. Blanchard stated she did not support annual assessment but feels this request should be approved because annual assessment was approved.  She said she is reluctant, however, to increase staff prior to the budget process.

 It was MOVED by Mr. Proto, seconded by Ms. Blanchard, to postpone action on this resolution until the appropriate time during the budget process.   A voice vote resulted as follows:  Ayes – 6 (Legislators Blanchard, Booth, Lane, McBean-Clairborne, Penniman, and Proto); Noes – 8 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Robertson, Schuler, Todd, and Winch); Excused – 1 (Legislator Totman).  MOTION FAILED.

 A voice vote on the resolution resulted as follows:  Ayes – 10, Noes – 4 (Legislators Booth, Lane, McBean-Clairborne, Proto); Excused – 1 (Legislator Totman).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Department of Assessment at the direction of the County Legislature is continuing the Annual Equity Maintenance Program, and
 WHEREAS, at the current staffing level the Department has fallen below what is necessary to comply with the requirements of said program, and
 WHEREAS, the creation of an additional field position of Data Collector (07/525) could greatly enhance the Department's ability to meet the physical demand of gathering assessment data annually, now therefore be it
 RESOLVED, on the recommendation of the Government Operations Committee, That one (1) permanent Data Collector Position (07/525) be created in the Department of Assessment, effective immediately,
 RESOLVED, further, That the hiring process shall take place during the month of August 2004, in order that said position may be filled as soon as practicable,
 RESOLVED, further, That the cost for 2004 - $10,740, will be covered from the Department of Assessment's 2004 budget, and an adjustment for the amount of $38,912 (salary and fringe benefits) be added to the 2005 target.
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Report from the Government Operations Committee

 Mr. Lane, Chairman, had no report.

Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee met on July 28th.   In addition to acting on the resolutions presented this evening, the Committee heard from all departments about budget projections.  She said the Department of Social Services has prepared a large Over Target Request but only for maintenance of effort to cover fringe costs for existing staff.  Last year those costs were covered by rollover but they do not have any remaining.  The Committee was reminded that the Department lost 12 positions in 2003 and 9.2 positions this year.

 The Committee heard from Marge Dill, Executive Director of the Human Services Coalition, about requests from human services agencies which have not yet been formalized by the Human Services Coalition Board.  Bob Deluca, Acting Mental Health Commissioner, brought in Gerald Scott from the New York State Office of Mental Health, who spoke about the single-room occupancy issue.   The allocation for the beds had been in the State’s plan for the 2003-2004 fiscal year, but had been held up at the direction of the Governor and the Department of the Budget.   She said she met Assemblywoman Lifton last week and intends to speak with Senators Kuhl and Seward about this tomorrow.

 Ms. Robertson said the Committee also heard from the Ithaca Breast Cancer Alliance about their programs and from Dammi Hearth of the Women’s Opportunity Center.   She said instead of getting State funding, the workforce program funding for the Women’s Opportunity Center has been shifted, placing the program under the control of the federal government and its guidelines.  Ms. Robertson said in order to receive federal funding many only provide services to a very specific population and the State Office comes to Ithaca every month to check the file.   She said this means a woman cannot get federal funding to help her get an education or a job unless conditions such as having a marriage certificate on file are met, so that, for example, a woman who has a child but who has never been married cannto get help to move out of poverty.   The next meeting will be August 11th.

 Ms. Robertson reported the Women’s Opportunity Center held their 25th anniversary celebration last week.  Leslyn McBean-Clairborne, Legislator, was nominated by the Southside Community Center, as a Woman of Distinction, to be honored along with 39 other woman who have worked with the Women’s Opportunity Center.

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

 Ms. Blanchard, Chair, reported the Committee met on July 9 and heard a presentation from the State Police on how the State Police resources are deployed in Tompkins County and what their role is in relation to responding to calls.   She said Major Jackman told the Committee that if the County were to eliminate road patrol, the State does not have the resources to take that over.   She said among other issues discussed, the representatives from the State Police were asked why they do not participate in the Consolidated Dispatch Center.  They responded that they have to dispatch to other areas in addition to Tompkins County and they need to maintain control over the State Police dispatching because they have particular circumstances they are responsible for.  They did, however, stress they have a very cooperative working relationship with the Sheriff and his staff.   The Committee heard preliminary reports on departmental budgets and will continue those discussions at the next meeting when more information becomes available.   Julia Hughes, Assigned Counsel Administrator, reported that Department is under- budget for 2004 and said she is hoping to receive reimbursement this year for the new assigned counsel rates.  The District Attorney alerted the Committee that he will be asking the Legislature to continue the $35,000 one-time request from 2004 as a target increase in the 2005 budget.   If it is not approved he plans to close the satellite office in the City that serves the Drug Court.   He also spoke of the ongoing staff shortage in that Department.  The next meeting will be August 5th.

RESOLUTION NO. 163 - CREATION OF EMERGENCY SERVICES DISPATCHER POSITIONS – DEPARTMENT OF EMERGENCY RESPONSE

MOVED by Ms. Blanchard, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.

WHEREAS, a Memorandum of Understanding was executed July 7, 2004, and duly signed by representatives of both the City of Ithaca and Tompkins County indicating an interest in and willingness to enact a plan to consolidate dispatch operations, and
 WHEREAS, the Commissioner of Personnel has determined that the City of Ithaca’s dispatching functions and duties are substantially similar to the duties that are performed by Emergency Services Dispatchers in the Department of Emergency Response, and
WHEREAS, the necessary budgetary transfers are addressed in the memorandum of understanding, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That five full-time, 40 hour per week positions be created in the title of Emergency Services Dispatcher (12-551) in the Tompkins County Department of Emergency Response effective August 1, 2004,
 RESOLVED, further, That three full-time, 40 hour per week City of Ithaca Dispatchers are hereby transferred into the title of Emergency Services Dispatcher effective August 1, 2004.
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Report from the Facilities and Infrastructure Committee

 Mr. Booth, Chair, reported the Committee will meet next week.

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

 Ms. Herrera, Chair, reported the Committee will meet on August 4 at 2:30 p.m.

 It was MOVED by Ms. Herrera, seconded by Ms. Schuler, to approve the following appointment:

 Planning Advisory Board
 Gay Nicholson – At-large Representative; term expires December 31, 2006

 Mr. Proto raised an objection to this at-large appointment because of the individual’s association with Sustainable Tompkins.  He said the person comes with substantial credentials and an expertise in environmental issues.  He said there are other organizations in Tompkins County that have more longevity than this group.  He said he is concerned about the weighting of this particular advisory board, which has a number of vacancies, and stated this Legislature will be considering its recommendation when the County’s Comprehensive Plan is reviewed.

 It was MOVED by Mr. Proto, seconded by Mr. Winch, to postpone this appointment until further recruitment can be done.  Ms. Kiefer said she does not support postponing action on this when the advisory board needs to fill vacancies.  Mr. Marx, Planning Commissioner, commented that he feels this candidate is extremely well-qualified, balances the interests on the Planning Board, and said there will be additional people appointed as they are identified.  A voice vote on the motion to postpone resulted as follows:   Ayes – 2 (Legislators Proto and Winch); Noes – 11; Temporarily out of Room – 1 (Legislator Todd); Excused – 1 (Legislator Totman).  MOTION FAILED.

 A voice vote on the appointment resulted as follows:  Ayes – 11; Noes - 2 (Legislators Proto and Winch); Temporarily out of Room: - 1 (Legislator Koplinka-Loehr); Excused – 1 (Legislator Totman).  MOTION CARRIED.

Report from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, reported the Committee will meet on August 5th at 11:30 a.m.

Report from the Budget and Capital Committee

 Mr. Koplinka-Loehr, Chair, reported the Committee will meet on August 10th.

RESOLUTION NO. 164 - ESTABLISHING 2005 FRINGE BENEFITS PAYMENT RATE

 MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne.  Mr. Penniman said he does not object to voting on this this evening budget but would rather have reviewed it with the entire budget picture for 2005 earlier in the year.   Several legislators expressed concern that enough time had not been provided for an adequate review of this resolution.

 Mr. Joseph said the Legislature usually sets the fringe rate at the same time directions are provided to departments about developing budgets.  When the targets were established earlier in the year there was discussion about setting the fringe rate and although the needs would require a slight increase, a one-time benefit is expected from shifting the retirement payment date.  Mr. Joseph said for that reason it was decided to leave the rate alone for this year.   He said budgets have already been developed using this fringe rate and if it were changed now it would create a chaotic situation in the budget process.   Mr. Joseph recommended that this be approved and that a discussion take place in the upcoming weeks with the question of what to do with the postponed retirement payment.

 It was MOVED by Mr. Booth, seconded by Mr. Winch, to refer this resolution back to the Budget and Capital Committee.   A voice vote resulted as follows:  Ayes – 8 (Legislators Blanchard, Booth, Kiefer, Lane, Proto, Robertson, Schuler, and Winch); Noes – 6 (Legislators Herrera, Koplinka-Loehr, Joseph, McBean-Clairborne, Penniman, and Todd); Excused – 1 (Legislator Totman).  MOTION CARRIED.

 WHEREAS, upon adoption of the 2004 budget the estimated Fringe Pool for the employer share of fringes, including New York State Retirement, Social Security, Workers Compensation, Voluntary Employee Benefit program (known as "VEBA"), Health Insurance, Supplemental Benefits and Unemployment Insurance was $12.4 million dollars, and
 WHEREAS, the 2004 estimated Fringe Pool represents thirty-nine percent of estimated payroll, and
 WHEREAS, State Comptroller Hevesi, has proposed that the County's 2004 Retirement payment be deferred until February 2005, and
 WHEREAS, now that the Senate and Assembly have passed bills that eliminate any 2004 retirement obligation payments for the County, resuming annual payments in 2005 with the payments due in February, and
 WHEREAS, when this Legislature acted in May to establish budget guidelines, no specific fringe rate was included and a resolution is needed to establish this for the 2005 budget process, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Fringe Benefits payment rate for 2005 budget requests for all County departments based on actual payroll paid, shall remain at 39.0 percent.
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Report from the Space Needs and Location Committee

 Mr. Proto, Chair, reported the Committee has rescheduled its next meeting to August 5 at 2 p.m.  He said at that meeting the Committee will review responses to the Request for Proposals and copies of suggested questions will be provided by Arel LeMaro, Facilities Manager.  He stated the process is moving forward and interviews will take place on August 11th.

Report from the Communications Capital Projects Committee

 Mr. Penniman, Chair, reported the Committee met on July 22nd and worked on the time schedule for the new Communications system.  He said once contract negotiations are complete it will take about 18 months to build out the entire system.  In preparation for those negotiations, a special meeting has been scheduled for August 9th at 9:30 a.m. and will primarily be an executive session to discuss contract negotiations.

 Mr. Penniman said approximately one month ago this Legislature adopted a resolution that included a balancing test for the South Hill Tower.  He said in going through the siting of the Tower at Ithaca College with the Town of Ithaca Planning Board he made reference to this and explained how the County views the process.  Mr. Penniman said the Town has been very supportive of our process and the tower, although initially there were some mixed responses to the overall perspective of whether the County needs to follow their rules.

County Administrator’s Report (continued)

 Mr. Whicher reported he has been contacted by the CSEA asking for negotiations to begin.  Road Patrol negotiations have been placed on hold until September.

Adjournment

 On motion the meeting adjourned a 6:54 p.m.