Tompkins County Legislature
Regular Meeting
August 16, 2005 - 5:30 p.m.
Legislature Chambers Called to Order

 Mr. Joseph called the meeting to order at 5:34 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members
 
 Members and guests participated in the Pledge of Allegiance to the Flag.

 Present:  14 Legislators; Excused – 1 (Legislator Koplinka-Loehr); Ms. Blanchard was excused at 7:41 p.m.

Presentation of Proclamation(s)

 Chair Joseph presented a proclamation declaring the month of August 16 thru September 15, to be Grandparent Caregiver Recognition Month.

Privilege of the Floor by the Public

 Jim Dennis, Trumansburg resident and Legislature candidate, applauded the Legislature for the intermunicipal cooperation that has taken place surrounding the proposed communications tower to be built in the Village of Lansing.  He said as a former City government representative, he can remember times when there was little cooperation and said he is really pleased and appreciative of the cooperation now taking place.

Presentation of Distinguished Youth Award

 Mr. Lane, District No. 14 Legislator, presented the Distinguished Youth Award to Luca Cerretani of Dryden Central School.   Mr. Lane read a letter of recommendation from Mary Ellen Bosick, Village of Dryden Trustee and a counselor at Dryden Central School, in which she enthusiastically recommends Luca, a 2005 Graduate, for the Award.  Her letter explains Luca's qualities and notes that he takes on challenges despite the level of commitment or degree of need to assist others both within and outside the classroom.

Privilege of the Floor by Legislators

 Ms. Kiefer, District No. 10 Legislator and Liaison to the Cornell Community Veterinary College Incinerator Replacement Group, reported on the status of the schedule for replacing that incinerator.  The Consultant being used is Malcolm Pirnie and the final design review will be done by the end of the summer; bidding and hiring of the contractor will take place in the fall with construction-related work beginning during the winter.  Phase I, which is construction of the building expansion and installation of the alkaline hydrolysis unit should be complete by the end of 2006.  Phase II, removal of the incinerator, and installation of the internal steam sterilization unit in its place will commence following that.  The entire project should be complete by 2007.

 Ms. Robertson, District No. 13 Legislator, said 20 percent of all residents of Tompkins County access food from food pantries.  She announced the United Way will be holding a “Souper Day”, which is a food collection day that will take place at the large pavilion in Stewart Park on September 15 from 8 a.m. to 4 p.m.  Donations of non-perishable food items and personal-care items will be accepted.
 Ms. Schuler, District No. 4 Legislator, complimented Cooperative Extension and Tompkins Community Action on their annual reports.  She noted the Tompkins Community Action report contains a map that displays where all of the service areas are in the County.  She announced two public hearings on the subject of open burning will take place on September 7th at 7 p.m. at the Lansing Town Hall, and at the Danby Town Hall on September 19th.   Mrs. Schuler also urged everyone to try to see Robert Deluca perform in the production of Richard III.

 Mr. Proto, District No. 7 Legislator, reported on the successful Annual Farm City Day that was held at the  Marquis Farm.

Report from Municipal Official

 Maria Coles, City of Ithaca Common Council Member, presented the Legislature with an update on three activities:  Green Street parking garage, Southwest City development, and the Water Treatment Plant.  She reported Common Council took a vote and passed a move towards a large demolition and rebuild of the Green Street parking garage, which will have two levels of parking.  This will make room for the Cayuga Green project next to the Library to proceed.  That project will have movie theatres and will have two floors of office space, three floors of condominiums, retail space, and an outdoor amphitheatre.   In addition, the project will have a walkway that will end at the Commons and will go across to the new parking garage and will connect to the new walkway at Six Mile Creek.

 She also updated the Legislature on the status of Southwest development.  She distributed copies of an area map and said the client committee is close to finalizing a draft vision statement.  Ms. Coles spoke to questions that were raised by this Legislature in the past pertaining to housing demands.  She said the Ithaca Board of Realtors has found that the median cost of a single-family home in the City of Ithaca has gone from $99,000 in 1999 to $174,000 in 2004.  An analysis done in 2005 of the Ithaca housing market completed with guidance from HUD (Housing and Urban Development) concluded that there is a very strong demand for housing in all of Tompkins County.   She said the County’s Comprehensive Plan also made a strong case for housing inside the City to reduce the dependency on cars.  The Density study being worked on by the City covers questions of density and there is a lot of forward-thinking taking place.

 Ms. Coles also reported on the Water Treatment Plan and said discussions are taking place on whether to become a client of Bolton Point or to work on rebuilding the current site.

 Following the presentation by Ms. Coles, Legislators briefly asked questions. Ms. Robertson said the Health and Human Services Committee is actively looking into the affordable housing situation in Tompkins County.

 Mr. Booth said he supports the location planned for housing.  With regard to reservoir, he hopes the City will consider the possibility of both interconnections with Bolton Point and building a new City  plant.  He thinks it would not be in the best interest of the residents of Tompkins County if the City were to give up plans to build a new plant.  Ms. Coles said it is her understanding that the main that would have to be built to connect the City with Bolton Point is the single-most expensive project and is not sure the City could do both.   He also commented that publicly-supplied water is extremely inexpensive in this country compared to other communities.

 At the request of Ms. Blanchard, Ms. Cole said she will be bring up the subject of dredging Cayuga Inlet at the City’s Board of Public Works tomorrow.  Ms. Blanchard said this issue was one of the principal findings of the Waterfront Plan and the Local Waterfront Revitalization Program and is extremely important.

 Ms. Herrera said she is concerned about the Density Policy and what the long-term intended or non-intended ramifications will be.   She said there is concern about the notion of granting tax abatements when many of the local residents are having trouble meeting the cost of living.

 Mrs. McBean-Clairborne expressed concern for housing and said she hopes discussions are taking place with regard to flood mitigation in the area proposed for new housing.  Ms. Cole clarified that the housing being considered for the Southwest area is for all-types of affordable housing and a considerable amount of thinking with regard to engineering will take place.

Mr. Proto asked that the City continue to consider the concerns that exist with regard to the tax exemptions, particularly in cases where abatements are given.  With regard to preserving water flow to the reservoir, he represents Six Mile Creek which is a major source of the water to the City and suggested the City consider some monetary remuneration to those landowners upstream who keep creek areas clean.

Mr. Todd said one of the reasons there are so many commuters into Tompkins County for employment is because of the cost of housing.  He also commented that due to the drought, Salmon Creek is at the lowest level he can recall that it has ever been.

 Mr. Lane spoke as Chair of the Industrial Development Agency (IDA), and stated tax abatements are being offered at the request of municipalities and recommended that they relay any concerns they may have to the IDA.

Ms. Kiefer said she is excited to hear where Southwest Development is so far and stated the vision statement seems amazing and very positive.  With regard to the water treatment plant, she strongly supports the City keeping its own water treatment plant for the reasons mentioned and feels residents would be much better served by having two developed sources of water in case there is trouble with one.

RESOLUTION NO. 140 - AUTHORIZING SALARY INCREASES FOR POSITIONS WITH SALARIES SPECIFICALLY AUTHORIZED BY BOARD RESOLUTION TO BE ABOVE THE SALARY RANGE

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to lift Resolution No. 140 entitled Authorizing Salary Increases for Positions with Salaries Specifically Authorized by Board Resolution to be Above the Salary Range from the Table.

 Ms. Kiefer referred to correspondence she has received and said she was pleased to see the positive view Mr. Deluca has of the employees affected by this resolution.  She said she was surprised by the fact that the Mental Health Budget salaries seem to be subsidizing fringe rates from other parts of the County.

 Mr. Deluca said he was trying to present some of the global issues over a long-term period in his correspondence.  As the steward of the system, he is looking at stability of staff with no turnover of these important positions.  By having these positions full-time in this way the Department is able to perform all of the legal work it is required to do for the mental health system without having to look for doctors. He said the individuals affected are currently in the Management/Confidential group and he would like this resolved for the current year.  He said the productivity of the individuals involved is extraordinary.  With regard to the Fringe rate there is money going into the system at a much higher amount because higher paid salaries contribute higher fringe payments.

 Ms. Robertson said in Mr. Deluca’s letter it is stated that Fringe Rate is paid mostly by reimbursements and fees and not local tax dollars.  Mr. Deluca said he feels it is important at the present time to integrate those positions into the County’s system.

 It was MOVED by Ms. Kiefer to include the current dollar amount of salaries for these positions in the resolution as has been done in the past.  MOTION FAILED DUE TO LACK OF A SECOND.

 It was MOVED by Ms. Robertson to increase the cap to $4,000.  MOTION FAILED DUE TO LACK OF A SECOND.

 Mr. Booth said he has voted against all resolutions providing increases in salaries because he feels the percentage increases being granted are higher than what the County can sustain.

 Ms. Herrera said her no vote has nothing to do with the personal assessment of the individuals involved in the resolution; it is based on a reaction to the increased costs of gas and other necessary items and feels the impact on a salary such as $20,000 would be much more dramatic than on positions at these high salary levels.

 It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to raise the cap on the increase to $2,500.  A voice vote on the motion resulted as follows:  Ayes – 4 (Legislators Kiefer, Proto, Robertson, and Schuler);  Noes – 10; Excused – 1 (Legislator Koplinka-Loehr).  MOTION FAILED.

 Mr. Joseph said he will not support the resolution because he does not support the third Resolved and feels the resolution should not establish floors and caps, but only percentages.

 It was MOVED by Mr. Proto, seconded by Ms. Robertson, to remove the third Resolved.  A voice vote on the amendment resulted as follows:  Ayes – 4 (Legislators Joseph, Proto, Robertson, and Winch); Noes – 10; Excused – 1 (Legislator Koplinka-Loehr). MOTION FAILED.

 A short roll call vote on the original resolution resulted as follows:  Ayes – 9 (Legislators Blanchard, Kiefer, Lane,  McBean-Clairborne, Penniman, Proto, Robertson, Schuler, and Winch); Noes – 5 (Legislators Booth, Herrera, Joseph, Todd, and Totman); Excused – 1 (Legislator Koplinka-Loehr).  RESOLUTION ADOPTED.

 WHEREAS, the salaries for employees in the following titles were previously established annually by separate resolution of the Legislature:

     Psychiatrists
Medical Director
  County Attorney
 
 WHEREAS, the system utilized by Tompkins County to assign salaries to positions is unable to adequately address the unique salary requirements of these highly specialized professional positions, and
 WHEREAS, incumbents in these titles were placed at a rate above the salary schedule by previous resolution of the Legislature, and
 WHEREAS, salary increases for incumbents in these titles should be the same as the annual increases provided to other managers, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That Resolution No. 118 of 2002 is hereby abolished effective immediately,
RESOLVED, further, That base salaries for all incumbents in the titles mentioned above shall be their 2004 rates,
RESOLVED, further, That salary increase in 2005 for these positions will not be less than $500 or more than $2,000,
RESOLVED, further, That effective January 1, 2005, and in future years, employees in these titles will receive the same scheduled salary increases and benefit changes that all management staff have received (in May 2005), or will receive without the need for individual resolution,
RESOLVED, further, That effective immediately, whenever there is a vacancy in one of these titles, a base salary will be set for the newly hired incumbent on an individual basis by a resolution of the Legislature.
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Report from the Space Needs and Location Committee

 Mr. Proto, Chairman, reported the Committee met on August 10 and reviewed the questions that came up at the August 2nd presentation to this Legislature.  He said all Legislators should have received answers to those questions in writing.  Mr. Proto thanked members of the Committee, Arel LeMaro, Facilities Division Manager, and Chrystal Buck of the Planning Department, for their hard work on the Report.  He announced the Committee will no longer be meeting and its work will be carried forward by the Facilities and Infrastructure Committee.

RESOLUTION NO.  145 - ACCEPTANCE OF THE SPACE USE MASTER PLAN 2005

 MOVED by Mr. Proto, seconded by Ms. Kiefer.

 It was MOVED by Mr. Totman, seconded by Mrs. McBean-Clairborne, to amend the word “adopt” to “acceptance” in the title and first Resolved.

Mr. Penniman said he supports the proposed amendment and could vote in support the resolution if the amendment is adopted.

Ms. Kiefer said it is completely up to the Legislature how to make use of the Plan and she doesn’t see any difference between adopting the report or accepting the report in terms of how it will be used.  Ms. Kiefer said she does not believe that this report recommends building three buildings in three to five years.  She believes the way this was reported in the Ithaca Journal has negatively impacted the way people are viewing this.

Mr. Todd said this involves very long-range plans and feels the incoming Legislature should make a decision on this.

 Mr. Lane said he has reservations about this report and asked for clarification about what is being done by this amendment.  Mr. Joseph said when a report is adopted a statement is made that its contents are agreed with and there is a plan to move forward to implement its recommendations.  He said when a report is accepted, its preparers are being thanked and their work and the report is acknowledged.

 Mr. Winch, Member of the Space Needs and Location Committee, said he is disappointed in the proposed amendment.  He said intentionally there was a lot of leeway in the report so that there could be some movement for changes in the future.  The report was written as a roadmap for the future and a lot of time was spent explaining the ramifications of not doing anything and what the cost of utilities would be if nothing was done but remodel the existing structures.

 Ms. Robertson said she values and respects the work that has been done as well as the contents of the report.  She said whether the Legislature accepts or adopts the report will not make any practical difference, as action would need to be taken to include any items in the budget process.  She expressed concern over the perception of the word adopt and will vote in support of the amendment.

 Mr. Booth said the report has moved the County a long way in terms of analysis and exploring  what the alternatives are and said he feels it makes sense to accept the report at this time.
 
 Mr. Penniman said he does not see a big difference between the words accept and adopt.  He appreciates the work that went into this and the fact-based approach the report takes towards decision-making.  As Chair of the Facilities and Infrastructure Committee, he welcomes working on this in that Committee.  He stated he was astounded by the proposed increase in space for the Legislature Chambers and for staff and needs to understand that finding better.
 
 Mr. Totman said there is a big difference in accepting and voting for the plan. Although he appreciates the work of the members of the Committee he feels adopting a plan ties the Legislature into spending money.

 Mrs. McBean-Clairborne said supports accepting the plan at this time and she hopes the County Administrator will be using this as a tool as he works on a 20-year Capital Plan.

 Mr. Proto said any decision made here this evening will simply set the stage for the capital program discussions that will take place.  He said he sat through many years of committee meetings that have reviewed space needs.  This Committee has brought a report forward that prompts thinking.  He said it cannot be denied that something needs to be done about the County space and he is glad that is being acknowledged.

 A voice vote on the amendment resulted as follows:  Ayes – 11, Noes – 3 (Legislators Kiefer, Schuler, and Winch); Excused – 1 (Legislator Koplinka-Loehr).  MOTION CARRIED.

Ms. Herrera said a lot of credit should be given to Mr. Proto for handling a very difficult task. She thinks the report is very well done and contains a lot of useful information.

 Mrs. McBean-Clairborne acknowledged the improvements that need to be done in County space and said the lack of space for the public in the Legislature Chambers is as an example.

 Mr. Winch said he will vote in favor of this although he is very disappointed.  He said Mr. Proto has done an excellent job running meetings and updating members.  All Legislators were welcome to attend these meetings; however, he feels attendance by Legislators was poor, which he feels attributes a lack of communication amongst legislators.

 Mr. Lane said he is troubled by the proposed location for the Health Department in the future and feels it should be more central to County residents.  He said he doesn’t mean disrespect to any of the Committee members, but feels strongly that County facilities should be in a central location.  He also said he hopes the 2006 budget will not contain any mention of these projects, including as placeholders.  He hopes in the future these kinds of things can be looked at but feels this is not the right time.

 Ms. Kiefer said she shares Mr. Lane's concerns about location of the Health Department and asked if,  once we vote on this, will the hypothetical sites used for analysis become public.  Mr. Wood advised that if the report is adopted documents would no longer be confidential, but if accepted, those documents would remain confidential.

 Mr. Proto said when he and Mr. Winch first came on this Legislature they inherited the decision that was made by a prior board to move the Public Safety Building to Warren Road.  Some here have dealt with the construction of the Human Services Building, and some supported demolition of the Woolworth’s site for the Public Library, and now current Legislators are having to live with the consequences of those decisions.  He said all Legislators have a responsibility to complete this year and all new Legislators will have to deal with the decisions made by previous legislators.  Mr. Proto said the Committee worked for the best interest of the County and tried to keep politics out of the process to bring forward a map that projects space needs for the next ten years.

Mr. Marx said in terms of space, basically they looked at, reviewed, and the County Legislature adopted a policy of standards by which space for all County offices would be judged, assessed and complied with.  Those standards were conservative in terms of providing minimal but adequate space.  With respect to the Legislature Chambers the Committee looked at needs of staff, the chair, and included space for Legislators to have shared office space.  He stated the only thing that really changed was that adequate space was provided for the public.  That is something he feels does not currently exist and said the proposed space would probably be used for many other purposes as public meeting space is scarce and hard to come by in this community.

 Mr. Tunney addressed issues at the Health Department and said currently his staff is dealing with moisture problems with eight to ten dehumidifiers presently operating. Most of the problems are because of the age of the equipment and the building’s mechanical systems.  He said last year the chiller was changed to provide air conditioning and now they are looking at changing the control valves.  He hopes that while work is being done, workers will not be displaced as much of the work can be done on weekends and evenings.

A voice vote on the resolution as amended resulted as follows: Ayes- 13, Noes – 1 (Legislator Lane); Excused – 1 (Legislator Koplinka-Loehr).  RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Space Use Master Plan 2005 is the result of more than two years of intensive study by the Space Needs and Location Committee, which built on five years of work by predecessor committees, and
WHEREAS, there are significant existing and predictable space shortages for many County departments located in the downtown office complex, and
WHEREAS, Biggs B is in need of major renovations, and
WHEREAS, the Old Library is costly to maintain, lacks energy efficient features, is in need of repair, and is currently underutilized, and
WHEREAS, a new building on the Old Library site could be designed to provide for a Center of Government and be more consistent with the character of the Dewitt Park Historic District, and
WHEREAS, providing adequate and appropriate space is critical for effective delivery of government services, and
WHEREAS, a long-term office space plan will facilitate cost-effective decisions regarding repair and maintenance of County-owned buildings, and
WHEREAS, the Tompkins County Space Use Master Plan 2005 identifies a preferred strategy as well as alternatives for providing adequate space for Tompkins County departments excluding Public Works and Public Safety, now therefore be it
RESOLVED, on recommendation of the Space Needs and Location Committee, That the Tompkins County Space Use Master Plan 2005 is accepted, and intended to be used as a guide for short- and long-term County building maintenance and office space decisions,
RESOLVED, further, That addressing the space needs of the Tompkins County Health Department is a priority, as outlined in the Tompkins County Space Use Master Plan 2005,
RESOLVED, further, That the actual project development and timing of the proposed projects will need to be weighed against other budget needs, and will be determined through the normal budget and capital program decision making processes,
RESOLVED, further, That the Facilities and Infrastructure Committee is hereby given responsibility for any future work on the Plan,
RESOLVED, further, That the Plan can be amended from time to time and that the Plan shall be reviewed, at a minimum, every five years.
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Report from the Chair

 Mr. Joseph reported he received a notice from the State about exempting residential solar energy equipment from  sales tax.  The State is now allowing a local option to have an exemption on sales tax for solar energy systems and if Tompkins County would like to do that a request has to be made to exercise that option today.  The deadline is today due to a required 90-day waiting period if this Legislature chooses to adopt this option and have it become effective on December 2nd..  However, Mr. Joseph said a waiver to reduce the 90-day waiting period could be requested which he feels would likely be granted for a 60-day period.  The Legislature did not express interest in acting on this item at this time; Mr. Joseph referred this to the Budget and Capital Committee.

Report from the County Administrator

 Mr. Whicher reported the budget process is moving forward.  He requested an executive discussion to discuss collective bargaining.

Report from the County Attorney

 Mr. Wood reported an Assistant County Attorney has been hired.  The individual has extensive experience with county government and will begin employment after Labor Day.

Report from the Finance Director

 Mr. Squires had no report.

Addition of Resolution(s) to the Agenda

 On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) was added to the agenda:

 Correction of Taxes – Tompkins County, Town of Dryden and Dryden School District
 Extension of One-Percent Sales Tax

Withdrawal of Resolution(s) from the Agenda

 There were no resolution(s) withdrawn from the agenda at this time.  The resolution entitled Adoption of Bylaws – Emergency Communications Review and Oversight Committee was withdrawn following the Public Safety Committee report later in the meeting.

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

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

RESOLUTION NO. 146  - AUTHORIZATION TO ACCEPT FUNDING FOR THE NEW YORK STATE LONG TERM CARE INSURANCE EDUCATION AND OUTREACH PROGRAM (LTCIEOP) - OFFICE FOR THE AGING

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

 WHEREAS, the Tompkins County Office for the Aging (COFA) has been awarded a grant through the New York State Office for the Aging (NYSOFA) to inform and educate the public about long term care, including the policies available through the New York State Partnership for Long Term Care and to establish a Long Term Care Resource Center to accomplish these objectives, and
 WHEREAS, informing and educating the public about health insurance options is in accordance with COFA's mission, and
 WHEREAS, the period of funding shall be from April 1, 2005 - March 31, 2006, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That the NYSOFA grant in the amount of $50,000 is hereby accepted,
 RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books:

REVENUE:  A6790.43803  State Revenue  $50,000
APPROPRIATION: A6790.51000559 Salary   $19,412
 A6790.58800  Fringes         7,571
  A6790.52210  Office Equipment        455
 A6790.54303  Supplies         500
  A6790.54330  Printing        1,500
  A6790.54414  Local Mileage          200
 A6790.54412  Travel/Training          500
  A6790.54400  Program Expense         250
  A6790.54491  Subcontract     19,612
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RESOLUTION NO. 147 - INCREASE IN HOURS – PRINCIPAL ACCOUNT CLERK TYPIST- MENTAL HEALTH

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

WHEREAS, the Principal Account Clerk Typist is required for billing of multiple private insurance companies, assisting in negotiating rates with those companies, accepting client fees and other billing functions for the Mental Health Department, and
              WHEREAS, private pay insurance payments to the Tompkins County Mental Health Clinic has increased one hundred percent from 1998-2004, and
 WHEREAS, the duties and responsibilities of the Principal Account Clerk Typist position are such that they can only be efficiently accomplished in a forty-hour workweek because of additional duties regarding electronic billing and electronic records that are now necessary, and
 WHEREAS, this increase in hours will enable us to delay hiring or leave vacant a full time position depending upon future needs regarding the transition to electronic records, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That one position of Principal Account Clerk Typist (11-673) competitive class be hereby increased from 35 to 40 hours per week effective immediately,
RESOLVED, further, That no additional County funding is necessary as the position is funded by State aid and reimbursements.
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RESOLUTION NO. 148 - AUTHORIZING 2005 FEDERAL SECTION 5307 GRANT -  TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT)
 
 MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.
 
WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49 of the United States Code (formerly Section 9, Federal Transit Act of 1964), and
WHEREAS, the County of Tompkins is the designated recipient of Federal Transit Administration (FTA) Section 5307 urban formula transit funds and will apply on behalf of Tompkins Consolidated Area Transit (TCAT) to receive and use said funds, and
WHEREAS, the County of Tompkins desires to submit a request for a grant of funds to the Federal Transit Administration, in the amount of $677,747 to be used for operating assistance and capital projects for 2005 as approved by the Ithaca-Tompkins County Transportation Council and are included on the 2004-2006 Transportation Improvement Program as amended and listed as follows:

Project FTA 5309 Funding NYSDOT TCAT TOTAL
Preventive Maintenance $504,000 $63,000 $63,000 $630,000
Misc. Equipment $8,027 1,003 1,003 10,034
Passenger Signs $4,000 500 500 5,000
Bicycle Storage/Racks $5,920 740 740 7,400
Security Equipment $1,600 200 200 2,000
Project Administration $30,400 3,800 3,800 38,000
Shelter Graphics/Signs $3,200 400 400 4,000
Shop Equipment $2,400 300 300 3,000
Short Term Transit Planning $8,000 1,000 1,000 10,000
Capital and Planning Subtotal  $567,547 $70,943 $70,943 $709,434
Operating Assistance 110,200 $2,433,708 $5,366,843 $7,910,751
Total 677,747 $2,504,651 $5,437,786 $8,620,185

, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature authorizes the County Contracts Coordinator to execute and file an application on behalf of the County of Tompkins with the United States Department of Transportation and the New York State Department of Transportation for the 2005 Section 5307 Grant,
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RESOLUTION NO. 149 - AUTHORIZATION TO ACCEPT A GRANT FROM THE NEW
      YORK STATE ARCHIVES - COUNTY CLERK

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

 WHEREAS, the County Clerk's Office has been notified of a grant award from the New York State Archives in the amount of $48,865, and
 WHEREAS, the New York State Archives grant represents a project for the County Clerk's Office to back file land records into their Electronic Document Management System, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award,
 RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment:
 REVENUE:  A1410.43089 Other State Aid  $48,865
 APPROPRIATION: A1410.54442 Professional Services $48,865
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RESOLUTION NO. 150 - AUTHORIZATION TO ACCEPT A GRANT FROM THE
         NEW YORK STATE ARCHIVES - BOARD OF ELECTIONS

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

 WHEREAS, the Tompkins County Board of Elections Office has been notified of a grant award from the New York State Archives in the amount of $74,370, and
 WHEREAS, the New York State Archives grant represents a project for the Board of Elections to upgrade its current voter file software to include full document imaging and to create an ongoing program of transferring these images to microfilm, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award,
 RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment:

 REVENUE:  1450.43089 Other State Aid  $74,370
 APPROPRIATION: 1450.52230 Computer Software $41,963
    1450.52206 Computer Equipment     2,907
    1450.54424 Service Contracts     6,500
    1450.51000049  Project Assistant   20,909
    1450.58800 Fringes       2,091
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RESOLUTION NO.  151 - BUDGET ADJUSTMENT – VARIOUS DEPARTMENTS

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

 RESOLVED, on recommendation of the Public Safety Committee, That the Director of Finance be directed to make the following budget adjustment on his books:

Emergency Response
Revenue Acct           Title            Amt  Approp Acct  Title(s) __________________
4189.43401 Public Health     $ 9,534 3410.41140  911 Surcharge
4189.54306 Auto Supply           900 3410.54306  Auto Supply
4189.54412 Travel/Training        1,500 3410.54412  Travel/Training
4189.54421 Auto Maintenance    1,600 3410.54421  Auto Maintenance
4189.54432 Rent          3,960 3410.54432  Rent
4189.54452 Postage          2,520 3410.54452  Postage
4189.54471 Electric          5,100 3410.54471  Electric
4189.54472 Telephone       16,200 3410.54472  Telephone
Note: These amounts need to be transferred from Public Health - EMS Program (4189) to EM Response Program (3410) as these expenses and resulting revenues are no longer covered by Public Health reimbursements and expenses cannot be drawn against these Public Health lines.  Revenue loss will be offset by 911 surcharges for the net difference to the Department fiscal target of $0.  As this transfer is between accounts and programs, it has to be acted upon as an adjustment.

District Attorney
Revenue Acct           Title            Amt  Approp Acct  Title(s) __________________
1165.42625 District Attorney  $17,000 1165.52206  Computer Equipment
  State Forfeiture
Note: Replacement of office computers.
SEQR ACTION: TYPE II-20

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RESOLUTION NO. 152 - AWARD OF BID –  CR105, McLEAN-CORTLAND ROAD PHASE 2 RECONSTRUCTION, TOWN OF GROTON

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

WHEREAS, Resolution No. 33 of 2002 authorized an agreement with the State of New York whereby State and Federal sources furnished 95 percent of the funding necessary to design reconstruction of County Road 105 from the Dryden-Groton town line to the Cortland County line, including replacement of the bridge carrying County Road 105 over Fall Creek (BIN 3314250), and
WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the project, and
WHEREAS, two (2) bids were received and publicly opened on June 28, 2005, and
WHEREAS, the bids for reconstruction of the road without the bridge were within the project budget, but bids for reconstruction with the bridge exceeded the budget, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Suit-Kote Corporation of Cortland, New York, lowest, responsible bidder for the Base Bid, in the amount of $2,016,992.20, pending approval by the New York State Department of Transportation,
RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed ten percent of the aforementioned bid amount on behalf of the County, funds to be provided from the McLean-Cortland Road Reconstruction Capital Account (HZ 5103.59239.53.02).
SEQR ACTION: TYPE II- 2

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RESOLUTION NO. 153 – CORRECTION OF TAXES – TOMPKINS COUNTY, TOWN OF DRYDEN AND DRYDEN SCHOOL DISTRICT (42.-1-23)

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

 WHEREAS, this Board is informed that a Court Ordered Settlement was made for parcel 42.-1-23, assessed to Hanshaw Village MHP LLC, in the Town of Dryden, for the 2003 Assessment Roll Year, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the County of Tompkins, Town of Dryden, and Dryden Central School District correct the 2003-2004 tax roll,
 RESOLVED, further, That the amount of $15,985.10 for the 2003 School Tax bill be refunded to Hanshaw Village MHP LLC by the Dryden Central School District,
 RESOLVED, further, That the amounts of $5,843.38 and $2,531.52 for the 2004 Town and County tax bill be refunded to Hanshaw Village MHP LLC by the County of Tompkins,
 RESOLVED, further, That the amount of $2,531.52 be charged back to the Town of Dryden.
SEQR ACTION: TYPE II-20

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Appointment(s)

 There were no appointments made.

Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee met on September 3rd and again today.  She reported there is good news as the State has voted on the EISEP program and money will be infused into that program this year and next year.  The Committee discussed the Over Target Request from Foodnet and asked Steve Griffin, Foodnet Director, to look at alternative ways to meet the increased need.   Ms. Robertson referred to the resolution authorizing an increase in hours in the Mental Health Department that was approved under the Consent Agenda and noted that the position is funded by State and Federal aid.  The Committee heard a report from Youth Services about the need for youth services as the DSS monthly reports show that all the mandated programs seem to be under budget except those for the younger population; those services are running higher than budgeted.  She said there is a real need and this is something this Legislature needs to pay attention to.

Ms. Robertson reported the Committee heard from the Department of Social Services and the Health Department on current-year expenditures; DSS statistics are showing that mandates for half of the year came to 46 percent of the full-year’s budget. Every month the Committee receives these statistics and she will be supplying all Legislators with that material as well.

Ms. Robertson reported a Committee meeting was held today to finish business from the previous meeting.  Following that meeting the Committee met jointly with the Public Safety Committee to discuss discharge planning for people once they are released from jail into the community.   They heard that a lot of cooperation is taking place amongst many agencies.  Bill Rusen of Cayuga Addiction Recovery Services said they deal with a great number of counties and stated Tompkins County is by far the easiest to work with and has the most streamlined processes in place.  It was a good discussion that led to important questions that will continue to be explored as well as the overall issue of affordable housing in Tompkins County.  The next meeting will be September 7th.

Recess

 Ms. Blanchard was excused at 7:40 p.m.

 Mr. Joseph declared recess from 7:40 p.m. to 7:51 p.m.

Report from the Air Service Committee

 There was no report from this Committee.

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

 Ms. Herrera, Chair, reported the Committee met on August 3 and received a report from the Planning Department.   She reported the Planning Department is in the process of examining the Cornell University Public Process and Law in other communities.  Ms. Herrera said the subject of open burning has been a very big and important issue this year for the Environmental Management Council.  The Board of Health will be holding public hearings September 7th and 18th on this issue.  She reported the EMC (Environmental Management Council) has a new website that is up and running that has information on projects, resolutions, and minutes.   She mentioned the EMC's green basket/bag project to reduce use of plastic and paper bags.

 The Committee received an update from the Rural Micro-Enterprise Pilot Program that began last fall in which $100,000 was set aside from the Economic Development Loan Fund for the purpose of helping out small businesses with five or fewer employees with job creation.  At the meeting Kate Hackett of the Planning Department, reported on the Water Quality Strategy Report, which needs updating every two years.    Ms. Herrera  reported on the Transportation Study and stated Cornell, Town of Ithaca, and the Planning Department are working together.  The West Hill Transportation Study addresses impacts on the Town of Ithaca for land-use issues and the City of Ithaca for traffic issues.   She stated the County will probably not be issuing the request for proposals for this.   The Committee followed-up on the memo that was distributed at last month's meeting by Mr. Marx in which he stated he is interested in creating a capital reserve fund for using Tompkins County Planning Department rollover and proceeds from the sale of County property that is in excess of the amount owed for back taxes.  These reserve fund expenditures would be authorized by resolution.  She said County partnership in this process can show the strength in regard to these lands.

  Ms. Herrera reminded Legislators that the New York State Department of Transportation Relocation Project does not look good.  Although the DOT is interested in the move, it is not a priority for them.  She said the option on property has expired and the Mayor and property owner have been informed by the DOT that they are not moving forward right now.    She stated this is an important issue and Ms. Blanchard, Mr. Lane, and Mr. Marx will be meeting with Senator Seward about this.  The Committee will meet on September 6th prior to the Legislature Meeting.

RESOLUTION NO. 154 - MAKING A NEGATIVE DECLARATION OF  ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 155 OF 2005 (WATER QUALITY STRATEGY)

MOVED by Ms. Herrera, seconded by Mr. Winch, and unanimously adopted by voice vote by members present.

 WHEREAS, in Resolution No. 155 of 2005 the County establishes the 2005 Tompkins County Water Quality Strategy as a guide for County program development and decision making in the area of water resources management, and
 WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That Resolution No.155 of 2005 is an unlisted action,
 RESOLVED, further, That the Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No.155 of 2005.
SEQR ACTION:   TYPE - UNLISTED
(Negative Declaration and short EAF on file in Clerk’s Office)

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RESOLUTION NO. 155 - ADOPTION OF THE 2005 WATER QUALITY STRATEGY

 MOVED by Ms. Herrera, seconded by Ms. Schuler.  Mr. Proto asked if the adoption of this Plan commits this Legislature to anything.  Mr. Joseph said this resolution does not bind this Legislature to anything, and said this is a declaration of intent to follow it.  Ms. Kiefer said this is not a Plan, but a strategy and is not a commitment to spend any money.

 Mr. Marx clarified that the Strategy does include reference to projects the State is funding and that is the purpose of water quality strategies.  The State wants communities to adopt a plan by which they will fund projects in that plan.  He did not recommend including language in the resolution that would state the County does not intend to spend any money.

 A voice vote resulted as follows:  Ayes - 13, Noes - 0, Excused - 2 (Legislators Blanchard and Koplinka-Loehr).  RESOLUTION ADOPTED.

 WHEREAS, each County in New York State has been asked by the New York State Department of Environmental Conversation and the New York State Soil and Water Conservation Committee to develop, and update every two years, a Water Quality Strategy, and
WHEREAS, in 2005 the Tompkins County Water Resources Council has updated the Tompkins County Water Quality Strategy originally drafted in 1992, and last updated in 2002, and
WHEREAS, the 2005 Tompkins County Water Quality Strategy (WQS) recognizes the importance of other watershed management plans relevant to Tompkins County, such as the Cayuga Lake Watershed Intermunicipal Organization’s Watershed Restoration and Protection Plan, the Upper Susquehanna Watershed Restoration and Protection Strategies, and the Owasco Lake Management Plan, and
WHEREAS, the Water Quality Strategy integrates the relevant goals of these plans and of the Tompkins County Comprehensive Plan into the Water Quality Strategy, and
WHEREAS, the Water Quality Strategy can be used by local, state, and federal governmental agencies to help understand and determine water resources management priorities in Tompkins County, and
WHEREAS, the Tompkins County Water Resources Council distributed copies of the draft Water Quality Strategy and invited public review and comment on the updated Water Quality Strategy, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality  Committee, That the 2005 Tompkins County Water Quality Strategy is adopted by the Tompkins County Legislature,
RESOLVED, further, That the 2005 Tompkins County Water Quality Strategy is intended to be used to guide County program development and decision making in the area of water resources management,
SEQR ACTION: TYPE – UNLISTED
(Short EAF on file in Clerk’s Office)

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RESOLUTION NO. 156 -  APPROVE THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $50,000,000 CIVIC FACILITY REVENUE BONDS (ITHACA COLLEGE PROJECT), SERIES 2005

 MOVED by Ms. Herrera, seconded by Ms. Schuler.  Ms. Kiefer expressed concern that this Legislature is adopting this prior to the Industrial Development Agency holdinghas held a public hearing.  She said she will support this because she agrees that this is good for Tompkins County and brings money to the IDA in fees, but wished this could have waited until after a hearing had been held.   Mrs. McBean-Clairborne agrees with Ms. Kiefer's comments.

 Ms. Herrera explained that the County has been called upon because it can act faster than the Dormitory Authority when there is a financial opportunity available.  It is her understanding that this is an effort to cease that moment.

 Mr. Proto said it is his understanding that in the new Density Policy there is no longer a commitment to economic development with regard to job creation.  Mr. Lane said there is absolutely a commitment to job creation with traditional projects.  With respect to the City Density Policy which talks about commercial development in a limited geographic area in the City, the job creation is looked at but is not the total goal.  The IDA has been requested by the three taxing authorities to grant abatements in that area to encourage development of various types of things, including commercial and residential activity.  There have been several instances in the past when bonding has been provided to not-for-profit and educational institutions which gives them the opportunity to get lower interest rates than if they went to a bank.

 Mr. Proto said for several years Ithaca College has been asked to step up and make a direct financial contribution to the TCAT bus service.  He stated he cannot support this because he thinks Tompkins County needs to get serious about tax exemptions in general.   Mr. Lane said Ithaca College has an alternative and could go through the dormitory authority but the fees associated to this would go to the State of New York and not to Tompkins County Area Development (TCAD).  Mr. Lane said the County’s direct commitment to TCAD has been reduced to $10,000.  He said most of what supports TCAD comes from fees and the County has no cost and no liability with this.

 A voice vote resulted as follows:  Ayes – 12, Noes – 1 (Legislator Proto); Excused – 2 (Legislators Blanchard and Koplinka-Loehr).  RESOLUTION ADOPTED. (RESCINDED BY RESOLUTION NO. 166 OF 2005)

 WHEREAS, the Tompkins County Planning, Development and Environmental Quality Committee (the "Committee"), has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist in the refinancing of a certain Project (as defined below) for the benefit of Ithaca College, a not-for-profit corporation duly organized and validly existing under the laws of the State of New York (the "College") the Issuer proposes to issue its Civic Facility Revenue Bonds (Ithaca College Project), Series 2005, in an aggregate principal amount not to exceed $50,000,000 (the "Bonds"), and
 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") requires the approval by the Tompkins County Legislature (the "Legislature") prior to the issuance by the Issuer of the Bonds, and
 WHEREAS, the Committee desires to recommend to the Tompkins County Legislature that it give such approval in accordance with the Code, and
WHEREAS, the project (the "Project") shall consist of: (A) (1) the advance refunding of a portion of the outstanding Dormitory Authority of the State of New York (the "Authority") Ithaca College Insured Revenue Bonds, Series 1998 issued in the original principal amount of $54,670,000 (the "1998 Bonds"), the proceeds of which portion of the 1998 Bonds were used to finance a certain project consisting of: (i) the construction, renovation, equipping and repair of certain buildings on the College's 750-acre main campus on Route 96B in Ithaca, New York (the "Campus") including Ford Hall, which houses the College's School of Music, Gannett Center, which houses the College's library, including window replacement and interior renovations, Dillingham Center, which houses the College's performing arts programs, including theater acoustical improvements and interior space reallocation, and the expansion and resurfacing of two Campus parking lots (collectively, the "1998 Facility"), (ii) the purchase of a surety bond to fund a debt service reserve fund as security for the Series 1998 Bonds, and (iii) to pay certain costs of issuance of the Series 1998 Bonds, and (2) the advance refunding of a portion or all of the Authority's Ithaca College Insured Revenue Bonds, Series 1997, issued in the original principal amount of $42,645,000 (the "1997 Bonds"), the proceeds of which were used to finance a certain project consisting of (a) (i) the construction of an approximately 55,700 square foot addition to Ford Hall, including the construction of additional faculty offices and studios, a formal recital hall and labs for computers, instrument repair and electronic music; (ii) the renovation of a portion of the Terrace Residence Halls, including upgrades to provide for code compliance and greater accessibility for the physically disabled; (iii) the renovation of Smiddy Hall to provide additional facilities for the College's School of Health Services and Human Performance, including space for academic programs in physical therapy, occupational therapy, exercise and sport science, and health promotion and human movement; (iv) the construction of an approximately 40,000 square foot recreation and fitness center which will include facilities for recreational, fitness, intramural and other sports activities; (v) campus-wide renovations and infrastructure improvements including installation of mandated sprinklers in various residence halls, government-required replacement of certain chillers and the renovation of existing space (collectively, the "1997 Facility"); (b) the advance refunding of portions of the Authority's College University Variable/Fixed Rate Insured Revenue Bonds (1985 Pooled Capital Program), Series A and College and University Variable/Fixed Rate Insured Revenue Bonds (1985 Pooled Capital Program), Series B (collectively, the "Series 1985 Bonds") allocable to loans made by the Authority to the College, the proceeds of which loans were used to finance the construction of a facility to house the College's School of Communications, a student union, dormitory and general improvements to the College's physical plant (collectively the "1985 Facility") (the 1985 Facility, the 1997 Facility and the 1998 Facility being hereinafter collectively referred to as the "Facility"), (iv) the purchase of a surety bond issued to fund a debt service reserve fund as security for the Series 1997 Bonds, and (v) to pay certain costs of issuance of the Series 1997 Bonds; and (B) paying certain costs incidental to the issuance of the Bonds (the costs associated with (A) and (B) above hereinafter referred to as "Project Costs"), and
WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to:  (i) pay all or a substantial portion of the cost of financing certain costs incurred by the College in its undertaking of the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and
WHEREAS, the Project involves a "Type II Action" as said term is defined under Article 8 of the Environmental Conservation Law and Regulations adopted thereto by the Department of Environmental Conservation of the State (collectively "SEQR"), and, therefore, no further action need be taken by the Issuer under SEQR, and
 WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Tompkins County Legislature after a public hearing to consider both the issuance of the Bonds and the nature and location of the facilities financed therewith has been conducted following reasonable public notice, and
 WHEREAS, the Issuer will hold a public hearing upon proper notice in compliance with the Code, and
WHEREAS, the Committee, after due consideration of the foregoing, desires to recommend to the Tompkins County Legislature that it approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation Tompkins County, New York, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, New York, shall be liable thereon, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That:
 Section 1. The Tompkins County Legislature, as the applicable elected representative of Tompkins County, New York, give its approval of the issuance of the Bonds in accordance with Section 147(f) of the Code.
 Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds.
 Section 3. This Resolution shall take effect immediately.
SEQR ACTION:  TYPE II

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

 Mr. Booth, Vice Chair, said in the interest of time he would give a report this evening.

RESOLUTION NO. 157 -  EXTENSION OF ONE-PERCENT SALES TAX FOR TWO YEARS - INCREASING TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT  CHARGES PURSUANT TO ARTICLE 29 OF THE TAX LAW OF
THE STATE OF NEW YORK IN ORDER TO EXTEND THE EFFECTIVE DATE THROUGH NOVEMBER 30, 2007

 MOVED by Mr. Booth, seconded by Mr. Penniman.   Mr. Wood said the language contained in this is the same as resolutions adopted in prior years.  Ms. Kiefer said she would have preferred to receive this in a more timely manner.  Although she would like the resolution to contain language explaining the intent of this, the County Attorney has recommended that it be adopted in the language provided by the State.   Ms. Kiefer asked that adding a whereas containing an explanation of what we are doing and why be considered for future resolutions.

 A voice vote resulted as follows:  Ayes – 10, Noes – 3 (Legislators Herrera, Proto, and Schuler); Excused – 2 (Legislator Blanchard and Koplinka-Loehr).  RESOLTUINO ADOTPED.

 Be it enacted by the Tompkins County Legislature of the County of Tompkins, on recommendation of the Budget and Capital Committee, as follows:
 SECTION I.  The first sentence of section two of Resolution No. 256A as enacted in nineteen hundred sixty?six, as amended, is amended to read as follows:
 SECTION 2.  Imposition of sales tax.
      On and after March first, nineteen hundred and sixty?seven, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing December 1, 1992, and ending November 30, 2007, there is hereby imposed and there shall be paid an additional tax of one percent upon:
 SECTION 2.  Subdivision (f) of section three of Resolution No. 256A as enacted in nineteen hundred sixty?six, as amended, is amended to read as follows:
 (f)  With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2007, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1992, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1992, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1992.  Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1992, any transaction which may not be subject to the additional tax imposed effective on that date.
 SECTION 3.  Section four of Resolution No. 256A as enacted in nineteen hundred sixty?six, as amended, is amended to read as follows:
 SECTION 4.  Imposition of compensating use tax.
 (a)   Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after December 1, 1992, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii), if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of  business.
 (b)  For purposes of clause (A) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale.
 (c)  For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2007, the tax shall be at a rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him.
 (d)  For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one.
 (e)  Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land.
 (f)  For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one.
 (g)  For purposes of clause (F) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person.
 SECTION 4.  Subdivision (1) of section 11 of Resolution No. 256A as enacted in nineteen hundred sixty?six, as amended, is amended to read as follows:
 (1)(A)  In respect to the use of property used by the purchaser in this County prior to March 1, 1967.
 (B)  With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2007, in respect to the use of property used by the purchaser in this County prior to December 1, 1992.
 SECTION 5.  This enactment shall take effect on December 1, 2005.
SEQR ACTION:  TYPE II-20

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 Mr. Winch said he would like to have the Budget and Capital Committee consider a resolution that would authorize the budget to be adopted prior to the election.

 Ms. Herrera said she does not want to make a commitment to do this because it would shorten an already tight process.  She said she needs enough information to make decisions and that adopting the vote after the election is in no way an attempt to hide anything from the voters.

 Mr. Lane asked the three Legislators who voted against the sales tax resolution to consider and let him know where the money would come from to replace those funds.

 Mr. Proto said he does not have a problem voting on the budget prior to the election.  He stated that even if the Legislature votes on the budget early it can be amended up until December 10th.

 Mr. Joseph stated this issue in on the agenda for the Budget and Capital Committee meeting next week.

Report from the Government Operations Committee

 Mr. Lane, Chairman, reported the Committee met briefly before this meeting and approved resolutions under the Consent agenda.  The next meeting will be tomorrow at 2:30 p.m.

Report from the Public Safety Committee

 Mrs. McBean-Clairborne, Chair, reported the Committee met on August 4 and discussed subscriber equipment as the County moves forward towards paying for that equipment.  Many emergency personnel from around the County were present and contributed to the discussion.  The Committee talked to departments about 2006 budget submissions; most of them felt that they were able to respond to the request that was made of them without great difficulty.  Assigned Counsel reported there is a need for a computer and Ms. Hughes is having a hard time with staffing as the only other employee in that Department is out on disability.  The District Attorney mentioned that his over-target request is to continue one half-time position that was approved last year.   A request by Mr. Dentes to use forfeiture monies for computer equipment was also approved by the Committee.   STOP-DWI reported they will be working on a better way of collecting fines, which will include working closely with judges and magistrates in tracking those fines.  OAR  spoke about changes in that agency and said that they will be asking for more money in their budget for increased staff hours.   The Sheriff informed the Committee that he has over-target requests for items such as gasoline, more staffing, vehicles, and expenses related to the usage of cellular phones. The Committee also learned about testing for proposed sites of the communications towers.  At the next meeting Mr. Whicher will come back with a proposal to discuss more about the subscriber equipment.

RESOLUTION NO.    - ADOPTION OF BYLAWS - EMERGENCY COMMUNICATIONS REVIEW AND OVERSIGHT COMMITTEE

 At the request of Ms. Kiefer, this resolution was withdrawn.  Ms. Kiefer said she would like to see language pertaining to a majority vote in Article IV be clarified.   Mrs. McBean-Clairborne said the Committee will meet tomorrow and can consider changes in writing at that time.

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RESOLUTION NO. 158 – APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2004 AND INCREASE IN HOURS FROM 35 TO 40 FOR ONE PROBATION ASSISTANT POSITION IN THE DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth.  Mr. Proto asked if Mrs. McBean-Clairborne would consider approving this for 2005 and consider it as part of the 2006 budget.   Mrs. McBean-Clairborne said she could not and asked Mr. Whicher to respond to this.  Mr. Whicher explained that this is for 2005 and the money is already included in her 2006 base budget request, but is not an over target request.  A short roll call vote resulted as follows:  Ayes – 11; Noes - 2 (Legislators Proto and Totman); Excused – 2 (Legislators Blanchard and Koplinka-Loehr).  RESOLUTION ADOPTED.

 WHEREAS, the Probation Assistant is responsible for conducting daily Pre-Trial interviews at the Tompkins County Public Safety Building for the purpose of assessing which inmates are appropriate for release without bail, and
 WHEREAS, the assessment completed by the Probation Assistant forms the foundation for all future assessments by the Probation Department for directing appropriate future criminal justice treatment/educational services and possible sentencing options, and
 WHEREAS, the Probation Assistant also oversees an administrative caseload that includes absconders (requiring monthly follow-up for purposes of locating the offender), probationers who have transferred to other states, and probationers who have transferred to other counties where the local Courts have opted to retain jurisdiction with Tompkins County, or probationers whose transfers are in progress, and
 WHEREAS, the administrative caseload has increased by 48% (from 47 to 70 cases per month) over the past four years, and
WHEREAS, an additional five hours per week would enable this employee to maintain timely contacts with other jurisdictions, and
WHEREAS, a permanent increase in hours should alleviate the need to request an additional position for the foreseeable future, and
 WHEREAS, the additional annual cost of $6,588, including fringes (minus state aid) will be covered by the Department's certified rollover from 2004, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That one Probation Assistant position be increased from 35 to 40 hours per week, effective August 29, 2005,
RESOLVED, further, That the Director of Finance is authorized to make the following appropriation to the 2005 budget:
FROM:  A599  Probation Rollover Balance    $ 1,860
     3141.43310  State Aid               $    388
TO:        3141.51000520  Probation Assistant    $ 1,618
            3141.58800   Fringes                   $    630
 
RESOLVED, further, That the position is included in the 2006 base budget at 40 hours with no need for over target request.
SEQR ACTION:  TYPE II - 20

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RESOLUTION NO. 159 -  AMENDMENT TO THE CAPITAL PROGRAM AND APPROPRIATION FROM THE CONTINGENT FUND - RELOCATION OF COMMUNICATIONS TOWER LOCATED AT THE PUBLIC SAFETY BUILDING TO SNYDER ROAD

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Totman, and unanimously adopted by voice vote by members present.

 WHEREAS, the communications tower located at the Public Safety Building was found to be unsound for the existing loading, and
 WHEREAS, the County is obligated through existing leases to provide space for at least one cellular co-locator, and
 WHEREAS, the cellular co-locators will reimburse the County for the capital costs and provide a ten-year revenue of approximately $1,100,000, now therefore be it
 RESOLVED, on recommendation of the Public Safety, Facilities and Infrastructure, and Budget and Capital Committees, That the 2005 Capital Program be amended to include $160,000 for the relocation of the Public Safety Building Communications Tower to Snyder Road,
 RESOLVED, further, That the project be titled the Snyder Road Communications Tower,
 RESOLVED, further, That the Finance Director is hereby directed to appropriate $160,000 from the Contingent Fund.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 160 - BALANCING TEST ANALYSIS REGARDING CONSTRUCTION OF TOWER IN THE VILLAGE OF LANSING

  MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman.  Ms. Herrera said it is her understanding that this balancing test is somewhat unusual for the public and asked for an explanation of this.  Mr. Penniman said in the past there have been some projects where there has been some difference in opinion as to whether they were subject to local zoning.  He said it has been the County's position that because it is a government project necessary for operations, that it was not subject to local zoning.  In this case it is not so much for a public purpose because of the private carriers that will be using the tower and this resolution is stating the action is appropriately subject to local zoning.  Mr. Joseph said although not highly ranked, the County does have a public purpose to meet obligations to some of the carriers.   A voice vote resulted as follows:  Ayes - 12, Noes - 1 (Legislator Herrera); Excused - 2 (Legislators Blanchard and Koplinka-Loehr).  RESOLUTION ADOPTED.

 WHEREAS, the County intends to construct a tower in the Village of Lansing, and
 WHEREAS, this tower is not intended for the County's emergency communication equipment but is, instead, intended to house numerous private cell carriers, and
 WHEREAS, the New York State Court of Appeals in the City of Rochester vs. County of Monroe, 72 NYS2d 338 (1988), determined that various criteria should be considered to determine whether an action is subject to local zoning requirements, and
 WHEREAS, the County has thoroughly examined the criteria, now therefore be it
 RESOLVED, on recommendation of the Public Safety and the Facilities and Infrastructure Committees, That the County concludes this action is appropriately subject to local zoning, for reasons summarized in the attached analysis.
SEQR ACTION:  TYPE II-20

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The Balancing Test-Analysis of Criteria with respect to Construction of a Tower in
Village of Lansing

1. The Nature and Scope of the Instrumentality
Tompkins County, a Charter County in New York State, has the responsibility to provide for the health,  safety, and welfare of County residents.  It also has the power and responsibility to care for its properties.  The project is located in the Village of Lansing, a municipality in the County.

2. The Kind of Function of Land Use Involved
The County intends to construct a freestanding latticework tower on Airport property at the corner of Snyder and Mohawk Road, across from the Cornell Chemical Disposal Site.  This area is currently used by the Public Works Department for construction materials storage.  The new facility will serve private-sector needs, generate revenue for the county, and negate the need for additional towers in this area. The project, which involves the placement of a several private-sector cell companies' antennae on a single tower, is described at length in the Capital Project Request form, developed by the County.

3. The Extent of Public Interest to be Served Thereby
The project will serve primarily private-sector cell providers but will provide benefits to the County, the Village, and taxpayers.  The Public interest is served in numerous ways:  (a) better cellular communication in the area; (b) fewer overall towers in the area; (c) revenue generated will benefit County taxpayers; (d) enhanced security at the public safety building by removing cellular carriers from that site.

4. The Effect Local Land-Use Regulations Would Have Upon the Enterprise Concerned
Local land-use regulations could permit this project or allow a greater number of separate tower sites at different locations.

5. The Impact Upon Legitimate Local Interest
The impact on legitimate local interest is positive.  The proposed improvement will provide improved cell coverage to the area while minimizing environmental impacts.

6. The County’s Legislative Grant of Authority
The County is authorized to manage its real property.  County Law §215.

7. Alternative Location for the Facility in Less Restrictive Zoning Areas
The County considered several alternative locations and structures.  However, this location, although within the Village's more restrictive zoning, minimizes the environmental impacts.

8. Alternative Methods of Providing the Needed Improvement
Numerous separate towers at various locations.

9. The Intergovernmental Participation in Project Development and Opportunity to be Heard
The Village of Lansing has received detailed information on the project.

Workforce Diversion and Inclusion Committee

 Mrs. McBean-Clairborne, Chair, reported the Communications team subgroup is working on a plan for meeting and talking to departments about diversity efforts that are underway.  She said she would be happy to stop by departments and discuss this with staff.  The next meeting will be August 24th at 3 p.m. at the Human Services Building.

Report from the Facilities and Infrastructure Committee

 Mr. Penniman, Chairman, reported the Committee met a week ago and heard a report from Tom Richardson of the Solid Waste Division on the Recycling Program.  It was also reported that recycling markets are strong this year and the Solid Waste Division is looking at possibly adding a few materials to the recycling waste stream.  The Committee also heard a report from David Squires, Finance Director, and Jackie Kippola, Contracts Coordinator, about vendor performance monitoring which they use to make decisions about which suppliers to use.

RESOLUTION NO. 161 - AUTHORIZATION TO EXECUTE A CONTRACT WITH C&S ENGINEERS FOR CONSTRUCTION INSPECTION SERVICES – CR105, McLEAN-CORTLAND ROAD PHASE 2 RECONSTRUCTION, TOWN OF GROTON

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

 WHEREAS, Resolution No. 33 of 2002 authorized an agreement with the State of New York whereby State and Federal sources furnished 95 percent of the funding necessary to design reconstruction of County Road 105 from the Dryden-Groton town line to the Cortland County line, and
WHEREAS, C&S Engineers designed said project and also is one of 15 engineering consultants that New York State Department of Transportation has fully qualified and authorized for such work in Tompkins County’s region, and
WHEREAS, County Highway Division staff has recommended C&S Engineers as best qualified to provide construction inspection services for the project, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute supplementary agreements with C&S Engineers of Syracuse, New York, for construction inspection and construction related design services in connection with the referenced project for an amount not to exceed $379,562,
RESOLVED, further, That the Highway Division be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed ten percent of the aforementioned contract amount, funds to be provided from the McLean-Cortland Road Reconstruction Capital Account (HZ 5103.59239.53.02).
SEQR ACTION: TYPE II- 1

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RESOLUTION NO. 162 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FOR DESIGN OF THE PARALLEL TAXIWAY (PHASE III), ENVIRONMENTAL ANALYSIS OF AN OBSTRUCTION CLEARANCE PROJECT AND PURCHASE OF A RUNWAY FRICTION METER -  ITHACA TOMPKINS REGIONAL AIRPORT

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

WHEREAS, the County has recently awarded contracts for Design of the Parallel Taxiway (Phase III) and the Environmental Assessment for the Obstruction Clearance Project, and
      WHEREAS, the County Finance Department is preparing to seek bids on a Runway Friction Meter and is expecting bids to come in at or below $55,000, and
      WHEREAS, the Federal Aviation Administration (FAA) is anticipating making a grant offer of $405,793.00 to finance ninety-five percent (95.0%) of the above mentioned projects and equipment purchase, and
      WHEREAS, the FAA's grant schedule this year requires grant offers to be made, sent out, signed, and returned between August 31 and September 2, 2005, and is therefore outside of the County's Facilities and Infrastructure Committee and Legislature meeting schedules, and
      WHEREAS, the budget for the projects and equipment purchase is as follows:
      FAA Share          (95.0%)                   Account No. HT 5601.44592   $ 405,793.00
      NYSDOT Share   (2.5%)                    Account No. HT 5601.43592   $   10,679.00
     Local Share__       (2.5%)                    Account No. HT 5601.45031   $   10,679.00
     Total                                                                                                    $  427,151.00
     _Received through airline rates & charges
     , now therefore be it
      RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That in the event a grant offer from the FAA of $405,793.00 is forthcoming, it be accepted and the County Administrator be authorized to execute the required documents.
SEQR ACTION: TYPE II-20

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RESOLUTION NO. 163 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION  ADMINISTRATION (FAA) GRANT AND MODIFICATION OF BID  AWARD FOR CONSTRUCTION OF THE PARALLEL TAXIWAY (PHASE II) - ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Penniman, seconded by Mr. Todd, and unanimously adopted by voice vote by members present.

      WHEREAS, the County has recently awarded a contract for construction of the Parallel Taxiway (Phase II), and
      WHEREAS, at the time of the contract award the full funding for this project was not available and the scope of work was reduced accordingly, and
      WHEREAS, the FAA is now expected to obtain an additional grant that would make it possible to complete the entire project according to the original bid specifications, and
      WHEREAS, the FAA is expected to make a grant offer of $1,013,308.00 to cover ninety-five percent (95.0%) of the costs associated with reinstating the work, and
      WHEREAS, the budget to reinstate the removed elements of the contract is as follows:
     FAA Share         (95.0%)                   Account No. HT 5601.44592    $1,013,308.00
      NYSDOT Share   (2.5%)                   Account No. HT 5601.43592    $     26,666.00
      Local Share__        (2.5%)                  Account No .HT 5601.45031    $     26,666.00
    Total                                                                                                      $1,066,640.00
            Received through airline rates & charges
  , now therefore be it
      RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That in the event a grant offer is received from the FAA for $1,013,308.00 it be accepted and the County Administrator be authorized to execute the required documents,
      RESOLVED, further, That in the event this additional grant is received, the County Administrator be authorized to sign a contract with Chemung Contracting for the original bid amount of $ 4,249,867.50.
SEQR ACTION: TYPE II-20

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Approval of Minutes of August 2, 2005

 It was MOVED by Mr. Booth, seconded by Mr. Winch.  Mr. Winch spoke to the County Administrator’s Report in the August 2nd minutes and clarified that he was not only in attendance, but was the presenter at the induction ceremony of Assessment Director Valeria Coggin as President of the New York State Real Property Services Association.  He stated many positive comments were made, which made him proud of the Tompkins County Assessment Department and proud to be a resident of Tompkins County.

Executive Session

 It was MOVED by Mr. Todd, seconded by Ms. Robertson, and unanimously adopted by voice vote, to enter into executive session at 8:48 p.m. to discuss collective bargaining.  The meeting returned to open session at 9:15 p.m.

Adjournment

 On motion the meeting adjourned at 9:15 p.m.
 

Respectfully submitted by Michelle Pottorff, TC Legislature Office

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