Mr. 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:  11 Legislators.  Excused – 4 (Legislators Booth, Koplinka-Loehr, McBean-Clairborne, and Robertson).

Privilege of the Floor by the Public

 No member of the public wished to speak.

Privilege of the Floor by Legislators

 Mr. Proto, District No. 7 Legislator, reported he received a letter from Mr. Paul Powers of the Public Service Commission with regard to the transition surcharge that appears on utility bills.  Mr. Proto said there is a review pending where NYSEG is asking for a rate review of the delivery portion.  He said the newspaper reported this only affects residential customers; however, it affects both commercial and industrial customers as well.   A copy of the letter is on file in the Legislature Office.

 Ms. Herrera, District No. 2 Legislator, announced the name change of Literacy Volunteers of Tompkins County to Tompkins Learning Partners.  She said they serve many groups, including youth at the McCormick Center and the Lansing Residential Center.  Ms. Herrera said the community greatly appreciates the work they do.  She announced a fundraiser will be held by Tompkins Learning Partners on March 5th.

 Mr. Lane, District No. 14 Legislator, spoke of the New York State Budget and said it will include funding for Tompkins Cortland Community College.  He said not only is this good news for both Tompkins and Cortland counties, but for the students who will be attending the College.  Mr. Lane said it is unfortunate, however, that due to the lateness of the budget adoption construction will be delayed for a year.  Mr. Lane said the State Legislature has failed to pass legislation for the TCAT authority and has been unable to produce legislation dealing with the proposed library district.  He said home rule legislation is very important to Tompkins County and the municipalities and it is important to have State legislators who are willing to make sure that these home rule legislation initiatives get through the Legislature on time.

 Ms. Kiefer, District No. 11 Legislator, noted the New York State Budget also includes funding for the Incinerator Replacement Project at the Cornell Veterinary School.  She said this is good news for those who reside in the Forest Home area, as well as all residents.   Ms. Kiefer also spoke of a report she heard on public radio this morning with regard to the President’s announcement of withdrawal of U.S. troops from different countries beginning in 2006.  Ms. Kiefer said one of those countries is Germany where several U.S. bases are located.  She stated Germany pays the United States for having troops there; therefore, bringing those troops home will increase the military budget.   Ms. Kiefer said she also learned that most status of forces agreements the United States has (where U.S. troops are stationed in other countries), make clear that the United States is not responsible for any environmental pollution that those bases cause.   Germany has recently by law changed the terms of those agreements and from now on the United States will be responsible for cleanup.

 Ms. Blanchard, District No. 1 Legislator, responded to Mr. Lane’s comments relating to the State Budget.  She said Mr. Lane was correct that the TCAT organization was not successful in achieving its aim of becoming a public benefit corporation and local transit authority.  However, TCAT is moving forward and held a press conference today to present the path it will be taking to become a single employer and not-for-profit corporation.   Ms. Blanchard stated Legislators should have received a copy of the press release and a memorandum written by Rick Carnrike, Acting General Manager of TCAT.

 Ms. Kiefer responded to Ms. Blanchard’s comments and said she does not support TCAT becoming a not-for-profit corporation because of its loss of openness to the public among other things and asked if anyone else had expressed interested in exploring other options.  Ms. Blanchard said no other person has expressed opposition to TCAT becoming a not-for-profit corporation.  Ms. Herrera said as a member of the TCAT Board, she will see to it that it will be as transparent as it could possibly be.   Mr. Wood, County Attorney, stated the proposed bylaws for TCAT, Inc. can provide that the meetings will be held in accordance with the Open Meetings Laws.

Presentation - Overview of Tompkins County Homeownership Program of Better Housing for Tompkins County

 Stacy Crawford, Executive Director, Better Housing for Tompkins County, began the presentation by stating Better Housing for Tompkins County recently celebrated its 200th closing.  She said the program has been in existence for 11 years and closed on its first property ten years ago.  Ms. Crawford said the success of the program has been very comprehensive in terms of the accomplishments of the people going through the program.  Those people have been able to purchase their first home and the communities have experienced stability as a result of the those home purchases.

 The homes purchased through the program have been throughout Tompkins County and over the last three years there was an even split between single or married individuals.  The size of the households have ranged from a single person to a family of six.  She said there have also been a few people included in that distribution that were minorities or of different ethnic backgrounds.   Ms. Crawford spoke of the Oversight Committee and said a great deal of time is spent discussing the needs of the community and how to best implement the rules of the program to serve those who are in most need of the help.  Ms. Crawford said there are also several lendors, real estate professionals, and local appraisal companies that work with the program.  In her presentation, Ms. Crawford also spoke of the criteria someone must meet to participate in the program, how the program operates, and future goals.   She thanked the Legislature and the Planning Department for its participation and support of the program.

RESOLUTION NO. 165 - IN RECOGNITION OF BETTER HOUSING FOR TOMPKINS COUNTY HELPING 200 LOW AND MODERATE INCOME HOUSEHOLDS PURCHASE HOUSES WITH ASSISTANCE FROM THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM

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

 WHEREAS, the Tompkins County Homeownership Program is funded by Small Cities Community Development Block Grants awarded to Tompkins County, and
 WHEREAS, Better Housing for Tompkins County has delivered the homeownership program since its inception in 1993, providing educational workshops, one-on-one financial counseling, and low interest mortgage assistance to first time homebuyers below 80 percent of median family income in Tompkins County, and
 WHEREAS, the program has loaned $3.9 million in mortgage funds and leveraged $10.6 million from local mortgage lenders, and
 WHEREAS, loan repayments have generated $1 million in program income, and
  WHEREAS, the program is extremely successful with a foreclosure rate less than 1 percent of program participants compared to a rate in excess of 12 percent for homeownership programs nationwide, and
WHEREAS, the 200th client to purchase a home with assistance through the Tompkins County Homeownership Program occurred on July 23, 2004, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature commends Better Housing for Tompkins County for its accomplishments and congratulates Better Housing for Tompkins County on assisting 200 participants become first time homebuyers in Tompkins County.
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Chair’s Report

 Mr. Joseph reported the County Issues Forum will be held on August 31 from 7:00 p.m. to 9:30 p.m. in the Borg Warner Room of the Tompkins County Public Library.    The purpose of the forum is to seek public input on the issues of jail construction and County Executive.  Mr. Joseph also reminded the Legislature and public that the public forum on the proposed 2005 Tompkins County Budget will be held on September 13 at 7 p.m. at Boynton Middle School.

Report from the County Administrator

 Mr. Whicher reported he has completed his first review of the County Budget, including Over-Target Requests.  He said he has reviewed the final State Budget and although there are some disappointments, he hasn’t found any major surprises.  Mr. Whicher said the next step in the County’s budget process is a review of the Capital Projects and said the Capital Program books should be available for Legislators tomorrow.  He said he is aware there have been concerns raised relative to his capital budget recommendations, but believes Legislators will understand his recommendation better after having an opportunity to review the Capital Budget books.

Report from the County Attorney

 Mr. Wood reported on a news article regarding a legal decision involving the Health Department.  He said it was reported that a Judge, after the smoking law went into effect, held that it was arbitrary and capricious not to deal with an application for a waiver that was placed on hold until procedures for dealing with waivers had been established.   Mr. Wood said there are now procedures in place and this subject is no longer an issue.

Report from the Finance Director

 Mr. Squires reported sales tax receipts continued to be positive through July with figures being up by 13 percent for the month and year.  He said at this time receipts are $1.5 million above the budgeted estimate for 2004.

 Mr. Squires reported he received the State Comptroller’s accounting bulletin on retirement.   The Comptroller’s Office is indicating the 2004 Retirement bill does not reflect a liability on the budget for 2004; however, their opinion is not universal.  The Government Accounting Standards Board informally has different opinions about it and is saying the County would not have to recognize dispensing the retirement bill for 2004.  They are, however, strongly recommending that those governments that operate on a calendar year basis should reserve the amount of money they have set aside for the retirement bill for retirement purposes.   Mr. Squires said he agrees with this recommendation.

 Mr. Squires also reported the State has withheld TCAT’s STOA (State Transportation Operating Assistance) funding.  Earlier in the year this Legislature authorized the advancement of funds in anticipation of STOA funds in the amount of $600,000.  He said he hopes the situation with the State withholding funds will be resolved quickly as $552,000 of that amount is still owed to the County and he expects further advancement requests to be made by TCAT.

Addition of Resolution(s) to the Agenda

 There were no resolution(s) added to the agenda.

Withdrawal of Resolution(s) from the Agenda

 Mr. Joseph gave permission to the appropriate committee chair to withdraw the resolution entitled Addressing the Preservation of Civil Liberties and Civil Rights of All Individuals Living in Tompkins County New York, in Response to the "USA Patriot Act" from the agenda.

Approval of Resolution(s) Under the Consent Agenda

RESOLUTION NO. 166 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO REHABILITATE, MARK AND LIGHT TRANSIENT RAMP (APPROXIMATELY 27,500 SY)     INCLUDING ASSOCIATED DRAINAGE – ITHACA TOMPKINS  REGIONAL AIRPORT

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

WHEREAS, the Finance Department did advertise for bids to rehabilitate the transient ramp and one bid was duly received in the amount of $1,560,351.50 and said bid, being over 50 percent higher than the engineers’ estimate, was rejected by the County Legislature as being excessive, and
WHEREAS, notwithstanding the bid rejection and proposal to re-bid the project next year, the FAA wishes to commit the Ithaca Tompkins Regional Airport’s Airport Improvement Program (AIP) Entitlement Grant for 2004 towards this project with the understanding that it will be increased to meet actual costs, if required, by using next year’s entitlement funds, and
WHEREAS, said AIP Entitlement Grant for 2004 is in the amount of $1,096,858 which would allow the following project cost:

     FAA Share         (95.0%)     Account No. HT 5601.44592       $1,096,858.00
     NYSDOT Share (  2.5%)     Account No. HT 5601.43592       $     28,864.00
     Local Share        (  2.5%)     Account No. HT 5601.45031       $     28,864.00
     Total                                                                                          $1,154,586.00

,now therefore be it
 
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $1,096,858 be and hereby is accepted and that the County Administrator is authorized to execute the required documents.
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RESOLUTION NO. 167    - BUDGET ADJUSTMENTS – FACILITIES DIVISION

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

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

BUDGET ADJUSTMENT
Facilities Division
Revenue Acct      Title           Amt         App. Acct.                 Title(s) _____
1620.42680 Insurance Recoveries     $1,223.01 1620.52206  Computer Equipment
1620.42770 Other Misc. Revenues     $2,000.45 1620.52206  Computer Equipment
1620.42801 Interfund Revenues     $9,479.19 1620.52206  Computer Equipment
1620.43021 Court Facilities Aid     $1,919.00 1620.52206  Computer Equipment

Explanation:  Revenue from insurance recoveries to be used towards purchase of computers.  Funds to be used to purchase new computers.
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RESOLUTION NO. 168 - FUNDING OF TOURISM DEVELOPMENT GRANT - ITHACA HARMONY IN NATURE,  a. k. a. LIGHT IN WINTER

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

WHEREAS, Tompkins County has a grant program for tourism development using funds drawn entirely from the Room Occupancy Tax, and
 WHEREAS, Tompkins County has received and reviewed a grant application for recommendation to the Tompkins County Legislature through the Strategic Tourism Planning Board and the Planning, Development and Environmental Quality Committee, now therefore be it
 RESOLVED, on recommendation of the Strategic Tourism Planning Board and the Planning, Development and Environmental Quality Committee, That the following grant be approved:

  Ithaca Harmony in Nature - Light in Winter - January 2005     $25,000

 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to this project, and contract payment shall be appropriated from Account No. 6475.54400.
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RESOLUTION NO. 169 -AUTHORIZING PUBLIC HEARINGS FOR HOUSING, PUBLIC FACILITIES, AND MICROENTERPRISE APPLICATIONS FOR THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK     GRANT PROGRAM FOR PROGRAM YEAR 2005 FUNDING

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

WHEREAS, applications for housing, public facilities, and microenterprise programs for the New York State Governor’s Office for Small Cities’ program year 2005 funding for the Small Cities Community Development Block Grant (CDBG) program will be accepted in the spring of 2005, and
 WHEREAS, the Draft Tompkins County Comprehensive Plan has identified needs and short term action items in the areas of housing, public facilities, and microenterprise that are eligible for CDBG funding, and
 WHEREAS, Tompkins County would like to apply for these 2005 Small Cities CDBG funds, and
 WHEREAS, Tompkins County is required to have two public hearings pursuant to any 2005 CDBG applications for funding, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That two public hearing dates be set:  one for September 7, 2004, to discuss general housing, public facilities, and microenterprise needs in the County, and one for October 19, 2004, to discuss submitting a specific application for funding under the CDBG program,
RESOLVED, further, That both of these hearings will be held at a regularly scheduled meeting of the County Legislature,
RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice of these public hearings in the official newspaper of the County.
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RESOLUTION NO. 170 - AUTHORIZATION TO LOAN MONIES TO ITHACA MATERIALS RESEARCH AND TESTING, INC. FROM THE TOMPKINS COUNTY REVOLVING LOAN FUND

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

 WHEREAS, the Tompkins County Economic Development Revolving Loan Fund provides loans to businesses at below-market interest rates to facilitate project implementation, and
 WHEREAS, these loans are made using repaid United States Department of Housing and Urban Development Small Cities Community Development Block Grant funds which are targeted for economic development activities to benefit low and moderate income persons, and
 WHEREAS, the Tompkins County Economic Development Revolving Loan Fund Oversight Committee reviewed a full application for funding assistance for the Ithaca Materials Research and Testing Expansion Project in the Lansing Business and Technology Park, and
WHEREAS, the Oversight Committee has fully assessed the ability of Ithaca Materials Research and Testing to make timely payments on monies loaned from the Revolving Loan Fund, and
WHEREAS, the Tompkins County Economic Development Revolving Loan Fund Oversight Committee has recommended that Economic Development Revolving Loan Funds be used for equipment acquisition related to the Ithaca Materials Research and Testing Expansion Project, and
 WHEREAS, the project will enhance the local economy by providing jobs and expanding goods and services, and
 WHEREAS, enhancement of the local economy is supported by the Interim Vital Communities Development and Preservation Principles, and
 WHEREAS, the Town of Lansing made a negative determination of environmental significance and granted a building permit in relation to the proposed expansion project, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County is hereby authorized to sign a Loan and Development Agreement with Ithaca Materials Research and Testing, Inc.,
RESOLVED, further, That the County Administrator be authorized to sign all documents related to this loan, and that the County Finance Director be authorized to adjust the budget in the following manner:

REVENUES
8693.44700   Repaid Econ. Dev. Loans $200,000

EXPENSES
8693.54400   Program Expense $200,000
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RESOLUTION NO.  171 - APPROVAL OF AMENDMENT TO CHAMBER OF COMMERCE CONTRACT FOR BEAUTIFICATION PLAN ENHANCEMENT

 MOVED by Mr. Proto, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda.
 
 WHEREAS, the Tompkins County Legislature has contracted with the Tompkins County Chamber of Commerce (the “Chamber”) to carry out services as part of the County’s tourism program, and
 WHEREAS, the County has provided funding for this program entirely from the Room Occupancy Tax account, and
 WHEREAS, the Chamber recognizes a need to improve signage locally to direct tourists to key destinations, and that signs, flowers, and public art strategically placed at the County’s gateways would enhance tourism, and while coordinating with the City of Ithaca and towns' plans, the County can reflect pride in our community’s appearance through well-planned and well-maintained plantings, and
WHEREAS, the result would be improved visual quality of the landscape, improved appearance business and residential districts, increased pride resulting from volunteer involvement and beautiful plantings, and reduced vandalism of public areas, and
WHEREAS, these improvements are intended to further the County’s tourism program, and
 WHEREAS, an enhancement to the 2004 Beautification Plan for $33,000 has been reviewed and recommended by the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County Administrator or his designee is authorized to execute an amendment to the Chamber of Commerce contract for $33,000 to carry out the tasks outlined in the County Beautification Proposal, and the amendment payment shall be appropriated from account 6475.54400.
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Approval of Appointment(s) Under the Consent Agenda

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

Fire, Disaster, and EMS Advisory Board
David H. Cornelius - At-large representative; term expires December 31, 2004

Environmental Management Council
Glynn Morgan Beebe - At-large representative; term expires December 31, 2004

Library Board of Trustees
Marcy E. Rosenkrantz - term expires December 31, 2005

Report from the Public Safety Committee

 Ms. Blanchard, Chair, reported the Committee met on August 5th and received presentations from the Sheriff and the Department of Probation and Community Justice on budget challenges they face in the upcoming year.  Ms. Blanchard said she will distribute copies of information presented to all Legislators.   Lee Shurtleff, Director of Emergency Response, also presented the Committee with information on budget challenges.   Mr. Shurtleff also introduced Lynn Herd, Director of Dispatch Operations, to the Committee.  The Committee also spent time discussing additional information that is needed in order to bring a conclusion to the full Legislature from the Committee relating to the future of the Public Safety Building.  Ms. Blanchard reviewed the questions that have been put together to date and asked for comments prior to the next meeting on September 2nd.

 Mr. Penniman said he would like information on boarding out and the impact on those prisoners. He would like to know how far away they would be and what impact those boardouts would have on access to services.

Report from the Facilities and Infrastructure Committee

 Ms. Kiefer, Vice Chair, reported the Committee met on August 10th and heard a report from Solid Waste on plans for the 8th America Recycles Day which will be held at the Pyramid Mall on November 8th.  The Committee heard budget updates from Information Technology Services and the Facilities Division.  The Committee was informed the Facilities Division would have an Over-Target Request for an additional $75,000 for repair funds and a request for $85,000 for increased utility costs.   Ms. Kiefer reported the Airport budget should be able to be sustained over the next year or two as long as U.S. Air stays in business.   She said the Highway budget may have a shortfall this year and there needs to be a discussion about how to address that.   She said a large part of the meeting was taken up with a report from the Air Service Task Force; however, she said most of the information discussed has previously been presented to this Legislature but not in as much detail.  The next meeting will be August 24th at 2 p.m.  At that meeting the Committee will consider a proposal for the County to purchase renewable energy.

 Mr. Penniman asked what caused the shortfall in the Highway budget.  Ms. Kiefer said some projects took longer than estimated and also a trail of a cheaper way of paving roads was done that didn’t work as well as hoped.  Mr. Winch added that during 2004 there has been an increase in steel, anything related to petroleum: blacktop, plastic, fuel, and diesel fuel.
 
Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee

 Ms. Herrera, Chair, reported the Committee met on August 4th and will meet again on September 1st.   The Committee received a report from the Soil and Water Conservation District and was informed that for every dollar invested by Tompkins County, over $14.45 is returned to the community.  She said the District helps citizens obtain funding sources for soils, water, and other natural resource issues.  They have also been increasing their public outreach efforts.
 
RESOLUTION NO. 172 -  APPROVAL OF CONTRACT AMENDMENT FOR ARTS AND CULTURE  STABILIZATION - COMMUNITY ARTS PARTNERSHIP

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

WHEREAS, Tompkins County recognizes that the local arts and cultural community is a valuable and unique asset, and that a need exists to harness the power of the arts and culture to help develop tourism growth and economic development, and
WHEREAS, Tompkins County recognizes that some of our cultural assets need to be stabilized and developed in order to better serve visitors and local residents, and
 WHEREAS, Resolution No. 46 of 2003 authorized a contract with Community Arts Partnership (CAP) to create and implement a comprehensive arts and cultural stabilization, development and marketing plan, and
WHEREAS, Resolution No. 20 of 2004 identified certain entities for 2004 allocations to strengthen these cultural attractions, and
WHEREAS, CAP has additionally identified the Cayuga Nature Center to be included as such attraction, and
WHEREAS, funding exists within the Room Occupancy Tax budget for the Arts and Cultural Stabilization Plan program, and
WHEREAS, the Stabilization, Planning, and Development grant requests of the Arts and Cultural Stabilization Plan for $10,000 have been reviewed and recommended by the Strategic Tourism Planning Board, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That $10,000 be appropriated from the operating Room Occupancy Tax budget, from account number 6475.54400, to hire a consultant to review Cayuga Nature Center's operations, management and programming with a view towards stabilizing the organization,
RESOLVED, further, That CAP shall administer and provide oversight of this process, and an amendment to CAP's contract shall reflect this addition.
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 MOVED by Ms. Herrera, seconded by Mr. Penniman.  Mr. Joseph disclosed that his wife is employed by Alternatives Federal Credit Union which will be contracting to do this program.  Ms. Kiefer asked how it will be judged a success or not, how long will it continue, before being evaluated.  Ms. Herrera said it will be evaluated yearly.  She said it will be measured by results and although it is a small start, she believes it is an adequate start.   She stated additional information can be obtained from Heather Filiberto in the Planning Department.   A voice vote resulted as follows:  Ayes – 11, Noes – 0, Excused – 4 (Legislators Booth, Koplinka-Loehr, McBean-Clairborne, and Robertson). RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Economic Development Revolving Loan Fund provides loans to businesses at below-market interest rates to facilitate project implementation, and
 WHEREAS, these loans are made using repaid United States Department of Housing and Urban Development Small Cities Community Development Block Grant funds which are targeted for economic development activities to benefit low and moderate income persons, and
WHEREAS, the Economic Development Revolving Loan Fund can be reprogrammed for any eligible Community Development Block Grant activities, and microenterprise training, technical assistance and micro-lending are eligible activities, and
 WHEREAS, a microenterprise is a self-employed person or small business with less than five employees, and
  WHEREAS, self-employment and entrepreneurship are staples of the rural economy with over half of all self-employed workers living in rural parts of Tompkins County, and
WHEREAS, microenterprise training, technical assistance and small loans can build capacity for self-employed persons and small business owners that will enhance the incomes and quality of life of rural residents and expand the local economy, and
 WHEREAS, enhancement of the local economy is supported by the Interim Vital Communities Development and Preservation Principles and the Draft Tompkins County Comprehensive Plan, and
 WHEREAS, The Alternatives Venture Fund has the capacity to expand its current microenterprise training and technical assistance program to target rural entrepreneurs, and
 WHEREAS, repayment of microenterprise loans would continue to recapitalize the Tompkins County Economic Development Revolving Loan Fund, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County authorizes an additional activity under the Tompkins County Economic Development Revolving Loan Fund to include microenterprise training, technical assistance and micro-lending and authorizes that up to $100,000 be made available for a pilot rural microenterprise program ($75,000 for loans and up to $25,000 for training and technical assistance),
RESOLVED, further, That the County is hereby authorized to enter into an agreement with the Alternatives Venture Fund to provide a pilot rural microenterprise program that will include training, technical assistance and micro-lending opportunities,
 RESOLVED, further, That the Tompkins County Economic Development Revolving Loan Fund Oversight Committee will make microenterprise loan recommendations to the County Legislature based on information provided in a loan application and review of credit worthiness,
 RESOLVED, further, That the County Administrator be authorized to sign all documents related to this agreement.
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Report and Presentation of Resolution(s) from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, reported the Committee met on August 5th and spent time at the end of the meeting talking to Legislator Proto about the utility surcharges he often brings to the Legislator’s attention.  Ms. Kiefer urged Legislators who have concerns or questions relating to the U.S.A. Patriot Act resolution which she withdrew from the agenda, to let her know.

RESOLUTION NO. 174 - URGING GOVERNOR AND STATE LEGISLATURE TO SPONSOR AND ENACT LEGISLATION LIMITING THE RELEASE OF PERSONAL INFORMATION FROM VOTERS ROLLS

 MOVED by Ms. Kiefer, seconded by Mr. Proto.    Mr. Winch expressed concern with the first Resolved and stated that there are times when a person may need to provide proof of age.  A voice vote resulted as follows:  Ayes – 8, Noes – 3 (Legislators Todd, Totman, and Winch); Excused – 4 (Legislators Booth, Koplinka-Loehr, McBean-Clairborne, and Robertson).  RESOLUTOIN ADOPTED.

 WHEREAS, voters rolls not only contain the names and addresses of registered voters, but also contain the voter's full date of birth and telephone number, and now with federal enactment of the "Help America Vote Act of 2002" there will be the further requirement that either a voter's driver's license number or the last four digits of his or her social security number will need to be present on the rolls, and
 WHEREAS, there is no law that specifically excludes this information from public and commercial view, copying and exploitation, and the New York State Board of Elections has taken the stance that Counties must provide all such information when presented with a FOIL request, and
 WHEREAS, identity theft is a very harsh reality and the information that now may be required to be part of the voter rolls provides a criminal with all he/she needs to devastate a voter's life, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That the Tompkins County Legislature does hereby request that the Governor and New York State Legislature adopt legislation that provides that a voter's day and month of birth, driver's license number, and all portions of the voter’s social security number be exempt from disclosure,
RESOLVED, further, That copies of this resolution be forwarded to Governor George Pataki, Senate Speaker Joseph Bruno, Assembly Speaker Sheldon Silver, Senator James. L. Seward, Senator, Michael Nozzolio, Senator John R. Kuhl, Assemblywoman Barbara Lifton, New York State Board of Elections, Robert Freeman of New York State Freedom of Information Officer, United States Senators Hillary Clinton and Charles Schumer, United States Congressmen Maurice Hinchey, Sherwood Boehlert, and Amory Houghton, and the New York State Association of Counties.
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Report from the Budget and Capital Committee

 Mr. Penniman, Vice Chair, reported the Committee met on August 12 and received an overview of the budget from the County Administrator.  He said program committee chairs should be reviewing capital projects prior to the beginning of budget deliberations on September 13th.

 Mr. Penniman spoke of the higher fuel costs and stated that in some way it needs to be recognized that the County has also experienced an increase in sales tax revenue of which a portion is derived from fuel sales.

RESOLUTION NO. 164 - ESTABLISHING 2005 FRINGE BENEFITS PAYMENT RATE

 MOVED by Mr. Penniman, seconded by Ms. Kiefer.  Mr. Proto asked if Tompkins County would eventually have to pay this retirement bill.  Mr. Squires said in December the County will receive a retirement bill with the option to pay on December 15 at one amount or pay in February, 2005 at another amount.  He said if the County pays the bill on December 15 it will be booked as a prepaid expense because it is not due in 2005.  He said money will still be accumulated in 2004 and 2005 to pay retirement bills.   Mr. Proto asked if this would be postponing something that needs to be done.  Mr. Whicher clarified the retirement payment has nothing to do with this resolution.  He spoke to the issue of the retirement payment and said if the County pays the bill on February 15th in 2005, the following year it will be due on February 15th and each year thereafter.  He said there will be more discussion about this at the appropriate time during the budget process.  A voice vote resulted as follows:  Ayes – 11, Noes – 0, Excused – 4 (Legislators Booth, Koplinka-Loehr, McBean-Clairborne, and Robertson).  RESOLUTION ADOPTED.

 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, the State Senate and Assembly have now 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, the State's action addressing retirement-system payments by counties will allow us flexibility with the approximate $3.4 million obligation budgeted by Tompkins County for this year, enabling us to maintain the fringe rate for 2005 at 39 percent rather than the currently estimated 2005 fringe rate of 39% - 41.4%, 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.
SEQR ACTION:  TYPE II-20

Report from the Government Operations Committee

 Mr. Lane, Chairman, reported the Committee has not met since the last meeting of the Legislature.  Mr. Lane said he continues to try to set up a field trip to Broome County to discuss the issue of County Executive.

Report from the Communications Capital Project Committee
 
 Mr. Penniman, Chairman, reported the Committee has not had a regular meeting since the last meeting of the Legislature.  He said the Committee met in executive session on August 11th to discuss negotiation issues.  The next meeting will be August 21st at 10 a.m.

Report from the Space Needs and Location Committee

 Mr. Proto, Chairman, reported the Committee has met three times since the last Legislature meeting.  They have reviewed responses to the request for proposals from Egner Architectural Associates, Schickel Architecture, QPK Designs, and LaBella Associates.   He said the Committee will meet on August 25th and hopes to make a final recommendation following that meeting.

Report from the Health and Human Services Committee

 Ms. Blanchard, Member, reported the Committee met and discussed the prescription drug program.  Jackie Kippola, Contracts Coordinator, provided an overview of the work she has done with the Health Planning Council.  After reviewing a number of alternatives, the Committee directed staff to follow-up with Advance Rx, which is a prescription program already in place in Nassau County.   She said Nassau County has reported residents are saving an average of 24 percent on prescriptions.   Ms. Blanchard said one reason the Committee decided to proceed with Advance Rx was because residents are not required to complete any paperwork to sign up.  There is also no enrollment fee for residents.  The only disadvantage that can be foreseen at this time is that Advance Rx does not provide a Canadian drug-buying opportunity.   Ms. Blanchard reported the Committee also received a presentation from Mr. Moss, Registered Nurse for the Health Department, on the Department’s Tuberculosis Management Program.    She said the County can expect between four to eight cases in the County in one year and the County is required to pay for the drugs for the treatment if the person who has the disease is not covered by insurance.   The next meeting will be August 26 at 9:30 a.m.

Approval of Minutes of July 20 and August 3, 2004

 It was MOVED by Mr. Penniman, seconded by Ms. Kiefer, and unanimously adopted by voice vote by legislators present, to approve the minutes of the July 20 and August 3, 2004 with the suggested changes.  MINUTES APPROVED.

Adjournment

 On motion the meeting adjourned at 7:06 p.m.