Mr. Lane, Vice Chair, called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 7 of 2002 - Authorizing the County of Tompkins to Make Application for Designation of Certain Areas within the County of Tompkins as an Empire Zone, and asked if anyone wished to speak.  No one wished to speak and the public hearing was closed at 5:31 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:  11 Representatives.  Excused:  4 (Representatives Blanchard, Joseph, Koplinka-Loehr,
  and Winch)

Privilege of the Floor by the Public

 The following individuals were present and urged the Board to continue funding and support for the Tompkins County Youth Bureau Outings Program:

 Ryan Clover-Owens, Ithaca
 Jon Raimon, Ithaca
Dan Flerage, Town of Enfield
Wypkelien Steenhuis, Ithaca
Monica Bosworth, on behalf of Sarah Siebert, Town of Ithaca
Lingjie Ment, City of Ithaca
Zlanweah Morke, City of Ithaca
Si Xiao Chen, City of Ithaca
Wendy Crossway, Town of Ithaca
Jim Barry, Spencer
Arne van Leuken, City of Ithaca
Nat Ferriss, City of Ithaca
Cindy Smalt, Townof Caroline
Desiree Ross, Town of Caroline
Carly Hodes, City of Ithaca
Ken Smalt, Town of Caroline

Privilege of the Floor by Board Members

 Mr. Penniman, District No. 15 Representative, thanked the young people and others for coming and not only highlighting the Outings Program but being able to speak on live television, showing the self-confidence gained.  He then spoke how this budget year is an unprecedented situation and that to maintain programs currently funded would require a fifty percent increase in the tax levy.  Mr. Penniman explained that several months ago departments and agencies were requested to submit a proposed budget with a twenty percent cut.  In the case of youth programs, the County Youth Board made a decision that rather than cut every program, causing all to be stretched to thin, they chose to take a large program and eliminate it.  He said the Board of Representatives will review their proposed decision to cut the Outings Program more closely during the budget process.

 Ms. Robertson, District No. 13 Representative, thanked Mr. Penniman for explaining the budgetary process.  She said that the Youth Board decision to cut the program was not a reflection on the staff of the program who obviously have worked hard and made a difference to many youth.  She said she was at the Sciencenter today welcoming representatives of Congressman Boehlert who will be representing a portion of Tompkins County starting January 2003.  She reminded people of the Sciencenter and the wonderful activities for everyone available there and encouraged them to visit.  Next, she reported that the Orange Tree Theater Company will be having their final program for the summer, “Breathing Among the Tulips.”  This production is taking place Wednesday, August 21, through Saturday, August 24, at the Hangar Theatre.  She said it starts at 9:30 p.m. and is an outdoor production.  This production deals with mental illness and other issues, written by Kyle Jarrow, an Ithaca youth, and is performed by students under the age of 19.

 Ms. McBean, District No. 2 Representative, said that as a former teacher she is always impressed when young people come forth and speak so eloquently and she appreciates it.  She expressed her appreciation on their speaking up for the program and indicated it speaks volumes of the enjoyment they have had and how they feel it is important for others to share in the experience.  Next, Ms. McBean said that Representative Proto approached her prior to the meeting and shared a statement that moved her; he had said that he did not envy her in relation to the situations recently occurring to individuals of color in Ithaca and wanted to reach out.  She informed the Board and public that on Thursday, August 22, 2002, there is a Unity Gathering in the Ithaca community.  This Gathering is to strive to portray peace and unity in the community to assist in dealing with the issues of racism, fear, abuse, power and the like.  There will be numerous speakers at this function that will start at the small pavilion on the Ithaca Commons at 6:30 p.m. and proceed to the Greater Ithaca Activities Center (GIAC).  Ms. McBean said that this was done two years ago when similar circumstances took place and was very successful in assisting with a healing process.

 Mr. Booth, District No. 3 Representative, thanked the students who spoke about their Outings Program.  He said that their comments not only spoke of the program but will help viewers to understand better the present budget situation.  He said that other programs will be affected during this budgetary process and that it is important to remember that nothing is free.  Although students referred to the Outings Program as free, there is always a cost attached in some form, either directly or indirectly through the taxes paid.  He noted that the student’s comments help focus the types of trade-offs that will be made over the course of time.

 Mr. Proto, District No. 7 Representative, said he had two items to speak of.  He expressed a concern that recently there have been several resolutions that are not acted upon until just prior to the regular Board meeting.  While he realizes that due to the number of meetings requiring attendance this sometimes can occur, he’s concerned that as the budget process continues forward some resolutions may require a more thorough review of information in order to make a valid decision.  He asked that individuals make every effort to allow more lead time for review prior to voting on resolutions.  Next, Mr. Proto inquired about the validity of the County Ethics Board handling a matter before them dealing with City of Ithaca Officials.  Mr. Wood addressed this question during the County Attorney’s report.

 Mr. Todd, District No. 6 Representative, noted that the original Ethics Committee was formed in 1973 and that at that time was headed by a former Board member.  At that time they were charged with the responsibility of a question regarding Tompkins Cortland Community College.  Next, Mr. Todd spoke of discussions with the Assessment Department.  He said that it appears that there is approximately 3.5 percent increase in total taxable evaluation in Tompkins County.  He explained his reluctance to consider increases in the budget due to real property tax increases.  He noted his district has had an approximate 11.2 percent increase in assessment over the past two years.

 Mr. Lane, District No. 14 Representative, spoke of his visit to a local food pantry in Enfield.  He said that the individuals were mainly elderly individuals, along with many under-employed, single women with children, some of whom are receiving a form of public assistance.  Mr. Lane said that in the nine years on the Board he has found it is not an easy task to create new jobs as a result of many different factors including lack of funds, competition from other areas of the country, and the like.  He noted that many of the individuals participating at the food distribution indicated the need for a Wal-Mart.  They felt that it was needed for both employment and economical shopping.  Mr. Lane said that these individuals need to be considered when working on economic development in the future.

Report from Municipal Official

 No municipal official was in attendance.

Chair’s Report and Appointment(s)

 Mr. Lane spoke of an unfortunate situation that occurred earlier this week and said the following:

 “We did have a sad event happen this week.  One of our own experienced a severe loss and that was our Deputy Clerk, Michelle Pottorff, who is not here tonight.  Larry Pottorff, her husband, had fought a valiant fight against a terrible disease that had racked his body for too long a period of time.  We were very proud of Michelle and their son Joshua throughout a long ordeal.

 “He has passed away and we would like to have a moment of silence tonight, so I would ask everyone to keep Larry Pottorff, Michelle and Joshua in their thoughts.”

Report from the County Administrator

 Mr. Whicher, County Administrator, thanked John Beach and Robert Hillick for their service in Tompkins County.  Both have announced their retirements and the Board will be passing resolutions to support them.  Mr. Whicher commented on the outstanding work done for a very long period and congratulated them on their retirement.

 Mr. Whicher stated that he had thought of a way to express where the budget increase is in a manner easier to understand than percentages.  He indicated that it appears there will be an increase in the County tax bill of approximately $125 per median household.  Mr. Whicher noted that when the proposed budget comes before the entire Board he will have his recommendations noted, stating that he will have made many tough choices.  He said that the choices that will then have to be made by the Board will be extremely difficult as there will not be much left to cut out after all the years of tight budgets.  Mr. Whicher then responded to Mr. Todd’s statement about the increased assessments for Lansing.  He wanted individuals to understand that at the State level there is a major shift from income tax to real property tax.  This shift is intended and is being done carefully and methodically.  He said some areas will have larger tax increases on their property, many of which are the wealthiest part of the County.  He said that conversely these same individuals could reap a higher benefit in the lower income tax that is occurring.

 Mr. Proto said that in the past he and former representative Beverly Livesay had from time to time attempted to sponsor resolutions that would initiate a local income tax; and that it was not taken seriously.  He inquired whether it was possible to research the possibility of a local income tax to shift a portion of the burden from real property taxes.  Mr. Whicher said it would be a Board decision and perhaps an issue the County Attorney would need to advise on.  Mr. Lane suggested the matter be taken to the Budget and Capital Committee.

 Mr. Booth stated that with regard to the increase in County taxes of $125 on a median home it is important to recognize that it would be part of a substantial real property tax bill, of which school taxes are a signficant portion.  He also said that many individuals do not realize that although they may not receive a bill directly, they pay property taxes as a portion of rent or other means.

Report from the County Attorney

 Mr. Wood responded to the earlier question posed by Mr. Proto with regard to the Ethics Advisory Board.  Under New York State General Municipal Law there is a provision that Counties and Municipalities can establish Ethics Boards and complaints can go to these Boards regarding officials of the municipality.  If within a county there is a municipality without an Ethics Board then the complaints appropriate to that municipality go to the County’s Ethics Board.  Mr. Wood further stated that the complaint has to be made by an official of the municipality regarding other officials.  The complaint in question was brought forth in this manner, and it was the City Attorney who suggested referral to the County Ethics Advisory Board.

Report from the Finance Director

 Mr. Squires said that the recently announced bankruptcy filing made by US Air will be closely followed.  Although logically it will have a potential impact on the revenue of the airport, it is too soon to know to what extent.  Since a good portion of the debt service of the airport is related to passenger use at the airport through flight taxation it will require monitoring the situation for the remainder of the year.  Mr. Squires expanded on the bankruptcy filing and said that the airline is obligated to pay in full everything from the filing date forward; however there are some receivables pending from before that date that may be effected.

 Ms. Robertson inquired whether the bankruptcy filing would possibly create a better financial situation for the airlines in the future.  Mr. Squires said at the present time the industry is not in a favorable position regarding contractual negotiations including rents; that many communities are offering to pay airlines to utilize their facilities.

 Mr. Proto said it might assist individuals understanding of the situation by defining what the Chapter 11 reorganization bankruptcy provides.  Mr. Squires said that the driving force in this bankruptcy was to provide the airline with the ability to renegotiate their airplane leases. He said it is hopeful that the airline will continue to honor their obligation to the County, which is in contractual form, not debt owed.

Report from County Staff

 Ms. Skinner, Public Information Officer, spoke of the opportunities for public input in the budget process.  She would like to have a public forum on September 24, 2002.  This forum would be publicized as well as having individual invitations sent to members of the community.  She indicated that it would start with a fifteen to twenty minute description of the budget with a question and answer period to follow.  Ms. Skinner suggested that prior to the public hearing required to take place in November that another meeting be held in late October to provide details of the budget.  Mr. Proto said that past practice involved round table discussions and inquired if it would be the same.  Ms. Skinner said the Public Information Advisory Board felt that groups would be good, but with no obligation for Board members to sit with any particular group.  They felt that perhaps Board members being able to respond to any one of the groups as well as listen to a variety of opinions would be good.

 Mr. Todd said that he would like to be certain that the meeting date and location are provided to the media.

 Mr. Penniman said that he has been approached by the Chamber of Commerce to request an informational meeting similar to last year’s.  They are suggesting this take place in October and Mr. Penniman felt it would be worthwhile to hold this meeting prior to the larger informational meeting.  He said the format utilized in the past is the Program Committee Chairs providing an overview of their portion of the budget with questions following.

Additions/Withdrawal of Resolution(s) from the Agenda

 On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda:

· Authorization for Early Retirement – Health Department and STOP-DWI
· Negative Declaration for Resolution No. 205 of 2002

Withdrawal of Resolution(s) from the Agenda

 Vice Chair Lane gave Mr. Proto, Vice Chair of the Charter Review Committee, permission to withdraw the following resolution:

· Intent to Change the Name of “The Board of Representatives” to the “Tompkins County Legislature”

Resolution(s) and Appointment(s) Approved Under the Consent Agenda

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

RESOLUTION NO. 194 - AUTHORIZING A PUBLIC HEARING ON PROPOSED  LOCAL LAW NO. i OF 2002 – PROVIDING FOR AUTOMATIC RENEWAL OF THE SENIOR CITIZEN REAL PROPERTY TAX EXEMPTION

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

 WHEREAS, New York State Law provides that the County may adopt a local law providing for the automatic renewal of the Senior Citizen Real Property Tax Exemption, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, September 3, 2002, at 5:30 o’clock in the evening thereof concerning Local Law No. i of 2002 – Providing for Automatic Renewal of Senior Citizen Real Property Tax Exemption.  At such time and place all persons interested in the subject matter will be heard concerning the same,
 RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County.
SEQR ACTION:  TYPE II-20

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

 WHEREAS, there is a need to establish a procedure for adjusting fringe benefit balances of employees whose standard workweek is changed, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That Policy 04-05 – Adjustment of Fringe Accruals, be added to the Administrative Policy Manual.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 196 - AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE ARCHIVES

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

 WHEREAS, the Records Office has been notified of a grant award from the State Archives in the amount of $24,473, and
 WHEREAS, the State Archives grant represents a collaborative effort between the County Clerk’s Office and Records Management to microfilm permanent and archival civil records, 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:

BUDGET ADJUSTMENT

 APPROPRIATION: A1410.54442 Professional Services  $17,216
    A1410.51000 Regular Pay   $  5,760
    A1410.58800 Fringes    $  1,497
 REVENUE:  A1410.43089 Other State Aid   $24,473
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 197 - AUTHORIZATION TO ENTER INTO A FIVE-YEAR LEASE AGREEMENT FOR THE WORKFORCE DEVELOPMENT SYSTEM

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

 WHEREAS, the Lease Agreement covering the offices of the Tompkins County Workforce Development System located at 171 East State Street, Center Ithaca, in the City of Ithaca, County of Tompkins, State of New York, shall expire on September 30, 2002, and
 WHEREAS, a Lease Agreement has been satisfactorily negotiated and may be terminated at any time for any reason by giving the Landlord 180 days written notice, now therefore be it
 RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the County Administrator is hereby authorized to sign a lease agreement with Landlord, Center Ithaca-TSD Associates, for the period of October 1, 2002, through September 30, 2007.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 198 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2002-2003

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

 WHEREAS, the Strategic Tourism Planning Board has traditionally recommended the appropriate agency of the New York State Tourism Promotion Agency (TPA) designation as part of its review function for tourism matters, and
 WHEREAS, the Strategic Tourism Planning Board has reviewed the matter with appropriate agency representatives, and
 WHEREAS, the Strategic Tourism Planning Board feels qualified to make a recommendation of the best agency to have the TPA designation, now therefore be it
RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the designation of the TPA for State Fiscal Year 2002-2003 be awarded to the Ithaca/Tompkins County Convention and Visitor’s Bureau (CVB), with the understanding that the Director of the CVB be empowered to change the designation to any appropriate regional tourism promotion agency with County Board approval should it be advantageous for Tompkins County to do so,
 RESOLVED, further, That the Director of the CVB report back to the Economic and Workforce Development Committee if such change occurs.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 199 - AUTHORIZATION TO EXECUTE A CONTRACT WITH  CORNELL UNIVERSITY TO DEVELOP A COMMUNITY CONVERSATION ON CAREGIVING AND AN ASSOCIATED CURRICULUM FOR THE PERIOD OF AUGUST 1, 2002 THROUGH JULY 31, 2003 - OFFICE FOR THE AGING

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

WHEREAS, caregiving of elders is becoming more common as the number of elderly increases, and
WHEREAS, the Office for the Aging has identified a need for a community conversation on caregiving, and
WHEREAS, Cornell University Gerontology Research Institute, Department of Human Development, wishes to enter into a contract with Tompkins County that enables the Office for the Aging to present in-service training to educators and representatives from agencies in other counties on how to develop such a community conversation, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the contract with Cornell University in the amount of $10,500 to develop a community conversation on caregiving and an associated curriculum, and to organize and conduct in-service training in two sites on how to develop a community conversation on caregiving be approved for the period August 1, 2002 through July 31, 2003,
 RESOLVED, further, That the Finance Director is hereby authorized to make the necessary budget adjustment as follows:

 REVENUE:          6773.42797      Cornell University Caregiver Training $10,500

 APPROPRIATION:  6773.51000215    Salary     $  7,692
                                   6773.58800          Fringe         2,045
                                   6773.54414          Local Mileage           113
                                   6773.54330          Printing/Copying           300
                                   6773.54472          Telephone           150
                                   6773.54452          Postage            200
                                                                                 TOTAL $10,500
SEQR ACTION:  TYPE II-20

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

 WHEREAS, the New York State Office of Children and Family Services (OCFS) has required the Department of Social Services to develop and submit an Annual Update to the Consolidated Children’s Services’ Three-Year Plan which covers children’s services for the period of January 1, 2002 to December 31, 2003, and
 WHEREAS, County Administrative Policy 01-35 states that “plans whose public participation requirements mandate advertising in newspapers of general circulation must be approved by the Board of Representatives upon review by the County Administrator and the appropriate program committee,” and
 WHEREAS, such advertising was required with regard to the Plan’s development, and
 WHEREAS, the County Administrator and the Health and Human Services Committee have reviewed the Department’s Plan, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That the Annual Update to the Department of Social Services Three-Year Consolidated Plan for Children’s Services is approved.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 201 -  APPROVAL OF 2001-2003 COMPREHENSIVE YOUTH SERVICES PLAN UPDATE

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

WHEREAS, Tompkins County is required to develop a County Comprehensive Youth Services Plan to qualify for $397,867 in State Aid from New York State, and
WHEREAS, the New York State Office of Children and Family Services requires that the Strategic Component of the County Comprehensive Interim Plan submitted for 2001-2003 be updated by July 2002, and
WHEREAS, the update has been prepared by the Tompkins County Youth Bureau and approved by the Youth Board as required, and
WHEREAS, the New York State Office of Children and Family Services requires that the Strategic Component of the Interim Annual Plan Update be signed by the Chief Elected Official, now therefore be it
RESOLVED, on recommendation of Health and Human Services Committee, That the Tompkins County Board of Representatives approves the Tompkins County Youth Bureau’s 2002 Update to the 2001-2003 County Comprehensive Youth Services Plan,
RESOLVED, further, That the Chairman of the Board of Representatives be and hereby is authorized to sign the Interim Annual Plan Update - Strategic Component for 2002- 2003 as required by New York State.
SEQR ACTION:  TYPE II-20

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

 WHEREAS, the Tompkins County Dental Services Advisory Committee has been charged with the responsibility to find and implement a sustainable solution to meet the needs of Medicaid and certain other low-income individuals for dental care at the most reasonable cost and by the most reasonable target date, and
 WHEREAS, the Tompkins County Dental Services Advisory Committee’s research indicates that the development of a clinic rate to reimburse for dental services is the next step and necessary component to finding a solution and meeting the needs of the Medicaid and low-income eligible, and
 WHEREAS, the County is currently a licensed Article 28 clinic operator, with dental services recognized as an authorized service on the operating certificate issued by the New York State Department of Health, and
 WHEREAS, since the County is already licensed to provide dental services, a Medicaid rate could be established by filing a Medicaid cost report with the New York State Department of Health and an operating budget for the Dental Clinic, and
 WHEREAS, the Tompkins County Dental Services Advisory Committee has recommended that it is advantageous to have a clinic rate established in the event a mobile or free-standing clinic is needed, and
 WHEREAS, the Health Department has an approved contract with Urbach, Kahn and Werlin, Inc., an accounting firm with the expertise to complete the cost report necessary to establish this rate with New York State Department of Health, and
 WHEREAS, local funds in the form of 2000 Rollover have already been approved for this project, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That approval is given to the Health Department to request that this cost report be completed by Urbach, Kahn and Werlin, Inc.,
 RESOLVED, further, That the Department of Social Services will pay for these services at a cost not to exceed $10,000 ($2,805 local cost) from the remainder of Department of Social Services’ original $95,000 appropriation.
SEQR ACTION:  TYPE II-20

RESOLUTION NO.  203 - BUDGET ADJUSTMENTS – OFFICE FOR THE AGING

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

 RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books:

HEALTH AND HUMAN SERVICES COMMITTEE

Office for the Aging (#49)
Revenue Acct  Title   Amt      Approp Acct      Title(s) ______
6777  43803       State Revenue         $3,518     6777  54491      Subcontract
Explanation:  Increase in State revenue permits increase in subcontracts for CSE program.

Office for the Aging (#50)
Revenue Acct  Title   Amt      Approp Acct      Title(s) _____
6774  43803        State Revenue         $    23         6774  54491      Subcontract
Explanation:  Increase in State revenue permits increase in Foodnet subcontract for SNAP program.

Office for the Aging (#51)
Revenue Acct  Title   Amt      Approp Acct      Title(s) _____
6781  44772       Federal Revenue        $2,459.42  6781  54400      Program Expense
Explanation:  Revenue Increase permits additional respite hours for Title III-E (Project Care)

Office for the Aging (#52)
Revenue Acct  Title   Amt      Approp Acct      Title(s) _____
6772  44772       Federal Revenue        $1,794  6772  51000559    Salary
6772  44772       Federal Revenue        $   466       6772  58800     Fringes
6772  44772       Federal Revenue        $1,000   6772  54491          Subcontract
Explanation:  Increase in Federal Revenue permits coverage of Aging Services Specialists salary  and fringes in Title III-B.  Increase in Federal Revenue permits increase in subcontract for publishing onemore issue of the “Senior Circle.”

Office for the Aging (#53)_
Revenue Acct  Title   Amt      Approp Acct      Title(s) _____
6780  43803       State Revenue       ($4,115)  6780  54991      Subcontract
Explanation:  Error in calculations of reappropriated State monies requires reduction in home care contracts.

Office for the Aging (#54)
Revenue Acct  Title   Amt      Approp Acct      Title(s) _____
6795  44772       Federal Revenue        ($603.57)  6775  51000559     Salary
6795  44772       Federal Revenue        ($156.93)  6775  58800        Fringes
Explanation:  Decrease in Federal Revenue makes it necessary to decrease the Aging Services Specialist salary and fringes in Title III-D (Medication Management).

Office for the Aging (#55)_
Revenue Acct  Title   Amt      Approp Acct      Title(s) _____
6771  43803       State Revenue       $200        6771   54414      Local Mileage
Explanation:  Revenue increase permits increase in much needed local mileage for State Ombudsman program.
SEQR ACTION:  TYPE II-20

Appointments Approved Under the Consent Agenda

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

Tompkins County Youth Board
Joel Lewenstein – Youth Representative – term to expire August 31, 2003
Sloan Sheridan-Thomas – Village of Freeville – term to expire December 31, 2002

Water Resources Council
Dooley Kiefer – Environmental Management Council Representative – term to expire December 31, 2002

Presentation of Resolution(s) from the Economic And Workforce Development Committee

RESOLUTION NO. 204 – MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 205 OF 2002 (“EMPIRE ZONE” LOCAL LAW)

 MOVED by Ms. Herrera, seconded by Ms. McBean.  Ms. Kiefer indicated that she felt that in cases such as the resolution before the Board where future actions are contemplated but not specific the State Environmental Quality Review (SEQR) form should indicate “unknown” or “unlikely” rather than a definitive yes or no.  She does not plan to vote against this resolution but wanted to note that she is uncomfortable with the answers contained.  Mr. Booth said he is voting for this resolution with the understanding that individual projects will  be the subject of SEQR reviews.  A voice vote resulted as follows:  Ayes – 11, Noes – 0.  RESOLUTION ADOPTED.

 WHEREAS, in Resolution No. 205 of 2002, the County Board of Representatives would adopt a local law authorizing application for designation of Tompkins County as an Empire Zone, and
 WHEREAS, the Tompkins County Board of Representatives has reviewed and accepted as adequate an Environmental Assessment Form with  respect to that action, now therefore be it
 RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Resolution No. 205 of 2002 is an Unlisted action,
 RESOLVED, further, That the Board of Representatives hereby makes a negative declaration of environmental significance in regard to Resolution No. 205 of 2002.
SEQR ACTION:  Unlisted
(Short Environmental Assessment Form is on file in Clerk’s office)

RESOLUTION NO. 205 – ADOPTION OF LOCAL LAW NO. 7 OF 2002 – AUTHORIZING THE COUNTY OF TOMPKINS TO MAKE APPLICATION FOR DESIGNATION OF CERTAIN AREAS WITHIN THE COUNTY OF   TOMPKINS AS AN EMPIRE ZONE

  MOVED by Ms. Herrera, seconded by Mr. Penniman.  Mr. Todd said that he is not in favor of the resolution as he feels it would provide additional tax abatement and reduction of the tax base during a period of tight budgets.  Mr. Proto said that he understood from previous discussions that under the Empire Zone Plan, the State reimburses the municipality for the municipal and school taxes provided in the abatements.  He said that with regard to sales tax abatements the State provides the four percent abatement entirely and that locally we do not get reimbursed for the four percent.  Mr. Proto said that he was joining Mr. Todd in not supporting the resolution.  He said he is in favor of economic development but is concerned that not all portions of the County are included in the areas marked for the Empire Zone.  He recognized that there are designated areas in a variety of areas included; however, he feels that areas of the County without infrastructure were not encouraged to be included and asked Ms. Armstrong from Tompkins County Area Development to respond.  Ms. Armstrong indicated it is not a technical disqualifier and that all municipalities were invited and encouraged to attend.  Some acreage is reserved for future designation when communities are prepared for development.  She said that the reserved areas would be best utilized by municipalities who are in the process of developing an infrastructure and have the municipal support.

Mr. Booth asked Ms. Armstrong who makes the decision to provide an additional abatement over and above those afforded by developing in an Empire Zone.  Ms. Armstrong said it is an Industrial Development Agency (IDA) function and that a resolution is in place to review each case individually.  She said the State structure is different than an IDA abatement in that the State provides one hundred percent property tax abatement for seven years, dropping twenty-five percent per year the following years so that by year eleven they are paying one hundred percent of property taxes.  Ms. Armstrong said that some communities allow an abatement that would eliminate the taxes for those years and only begin the taxation at year eleven.  She said the choices made by municipalities vary depending on the dynamics of the project and community.

Ms. Kiefer wanted to note that the negative declaration form clearly specifies “1,228 acres but eventually 1,280 acres” so it is clear that around sixty acres are being reserved for future consideration, which should take care of Mr. Proto’s concern.

Ms. Robertson said she had inquired of the County Planning Commissioner, Mr. Marx, whether the sites correlate with the Vital Communities principles and was told that the specific areas did correspond primarily with the nodal-type development as expressed in Vital Communities.

Mr. Lane indicated that he felt the County would not be losing any taxes if approved.  He said that although the IDA could provide tax abatements over and above what the State would provide there is no policy in place to do so.  Mr. Lane explained that the resolution is approval to apply for Empire Zones that would provide tax abatement incentives to develop in the specific areas designated and that the amount of taxes from the abatement would be reimbursed to the County.  Mr. Lane said he would support this resolution

Mr. Proto noted that there is still in place secton 485b opportunities as well.  This program is similar to the tax abatement programs provided by the IDA and encourages development of businesses.  Mr. Proto informed members of recent construction utilizing this abatement program.  He stated that he is not against economic development but feels that a message needs to be sent that there should be a limit on properties receiving a tax abatement.  Mr. Proto said that a small population of the County carries a majority of tax burden as a result of the abatements and exemptions and doesn’t feel it is fair.

Ms. Kiefer said she was somewhat sympathetic with Mr. Proto’s comments and felt that if our County were not one of only a handful not having an economic development zone she would not be anxious to support this.  She said the original idea of the zone to assist in the economic development of blighted areas has changed very much since its inception and most counties have zones.  She also said that she thinks Mr. Proto’s concerns should be reviewed with the IDA who make decisions regarding the areas of concern noted.

Ms. Herrera said she supports this resolution that deals with economic development and jobs for our communities.  She said local abatements are under the IDA whose task is to carefully examine each situation.  As noted, she felt that it was consistent with Vital Communities Initiative and would receive reimbursement from the State while building our economic development locally.

Mr. Lane expressed his support for this resolution that will provide jobs for the community and continue the work of the past nine years.  A voice vote resulted as follows:  Ayes – 9, (Representatives Booth, Herrera, Kiefer, Lane, McBean, Penniman, Robertson, Schuler, and Totman), Noes – 2 (Representatives Proto and Todd), Excused 4 – (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch).  RESOLUTION ADOPTED.

WHEREAS, a public hearing has been held before the Board of Representatives on August 20, 2002, to hear all persons interested in proposed Local Law No. 7 of 2002, now therefore be it
 RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Local Law No. 7 of 2002 – Authorizing the County of Tompkins to Make Application for Designation of Certain Areas Within the County of Tompkins as an Empire Zone is hereby adopted,
 RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said Local Law, and shall within twenty (20) days file one certified copy in the office of the County Clerk, and one copy with the Secretary of State.
SEQR ACTION:  Unlisted
(Short Environmental Assessment Form on file in Clerk’s office)

Report from the Public Works Committee

 Mr. Lane, Vice Chair, reported the Committee has not met since the last Board meeting.

Report and Presentation of Resolution(s) from the Planning Committee

 Ms. Kiefer, Chair, said that the Committee met on August 15, 2002.  At that time, the schedule for Planning Committee budget reviews was set for Thursday, September 19, 2002, from 2:00 p.m. to 5:30 p.m. as an expanded meeting following the regular meeting and on Friday, September 20, 2002, from 9:30 a.m. to 12:00 p.m.  She said that with regard to the Neighborhood Notification Pesticide Law several dates were reviewed in order to hold an evening meeting on the subject.  Tentative dates are Thursday, October 17, 2002, or Tuesday, October 21, 2002, and will be discussed at the Health and Human Services Committee meeting.  Ms. Kiefer said that time was spent reviewing advisory boards falling under the jurisdiction of the Planning Committee.  Ms. Hackett of the Planning Department reported on the USGS Aquifer Study Proposal and expects to have it in hand the end of September.  The Committee also reviewed budgetary history of the Commercial Center Revitalization Program and the Ithaca Downtown Partnership contributions and the resolution following deals with this subject.  Information was shared regarding proposed drilling on County-owned property and the Committee approved in concept two generic leases that will have some additional language incorporated and she anticipates a decision at the next meeting.  The Planning Commissioner provided information on a variety of grants, the Section 259 review, participation in the Cayuga Green Client Committee, and the Department of Transportation relocation project.  Ms. Kiefer also reported that the Agriculture and Farmland Protection Board is working with farm owners to develop local criteria to use for their recommendation for purchase of development rights at the State level.

RESOLUTION NO.  206 – AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE CITY OF ITHACA FOR PURPOSES OF ITHACA DOWNTOWN PARTNERSHIP

 MOVED by Ms. Kiefer, seconded by Ms. Robertson.    It was MOVED by Mr. Proto, seconded by Mr. Todd to postpone the resolution until the first Planning Committee budget meeting, pending full discussion involving the survival of the Community Center Revitalization Grant Program.  A discussion followed explaining that this request was for already approved funds that we are late with our 2002 payment, and that the matter will be reviewed in the future to take into consideration the need to reduce spending.  Ms. Kiefer noted this will be discussed at budget time.  A voice vote on Mr. Proto’s motion to postpone resulted as follows:  Ayes – 2 (Representatives Proto and Todd), Noes – 9 (Representatives Booth, Herrera, Kiefer, Lane, McBean, Penniman, Robertson, Schuler, and Totman), Excused – 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch).  MOTION FAILED.  It was MOVED by Mr. Proto to amend the total award from $10,158 to $5,600.  MOTION FAILED FOR LACK OF A SECOND.

A voice vote on the resolution resulted as follows:  Ayes – 9 (Representatives Booth, Herrera, Kiefer, Lane, McBean, Penniman, Robertson, Schuler, and Totman), Noes – 2 (Representatives Proto and Todd), Excused - 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch).  RESOLUTION ADOPTED.

 WHEREAS, the Ithaca Downtown Partnership, as the Ithaca Downtown Business Improvement District (BID), will provide programs and services that will benefit all property owners and tenants within its boundaries, and
WHEREAS, on the basis of an opinion issued by the State of New York Office of Real Property Tax Services stating that the enabling legislation for BIDS did not intend to impose financial liability regarding the BID assessment on tax exempt properties, these properties have been excluded from the BID assessment, and
WHEREAS, Tompkins County is a property owner within the boundaries of the Ithaca Downtown BID, and
WHEREAS, the BID program of services, including business retention and development, retail marketing, and promotion, are ones that will potentially benefit the County by expanding the sales and property tax base, and
WHEREAS, the County is committed to the BID concept as a vehicle that establishes the partnership between the private and public sectors so essential to a successful economic development program, and
 WHEREAS, support of the BID is consistent with the Vital Communities Principles, now therefore be it
RESOLVED, on recommendation of the Planning Committee, That the County be authorized to execute an agreement with the City of Ithaca in an amount not to exceed $10,158 for the services described in the BID Plan dated July 1, 1996, for the year 2002, funds available in the Planning Department’s budget,
RESOLVED, further, That the County Administrator or his designee be authorized to execute such an agreement.
SEQR ACTION:  TYPE II-20

Report and Presentation of Resolution(s) from the Government Operations Committee

Mr. Booth, Vice Chair, reported that Anita Fitzpatrick, Commissioner of Personnel, summarized the procedures that the Board must consider during times of shrinking workforce. When Over Target Request’s were submitted for twenty-percent target reductions, department scenarios potentially affecting individuals became more “real” and a host of questions arose.  The Committee had received information regarding civil service procedures and a memo about the fiscal impact of layoffs prior to the meeting, but discussion focused on the creativity required in each situation of a potential layoff to meet the needs of departments and employees.  It was the consensus of the Government Operations Committee to convey to staff that we intend, to the maximum extent possible, to be compassionate and humane in any transition that may be necessary to make workforce adjustments in 2003 due to budget constraints.  The Committee requested Administration, Personnel, and Finance staff to report on a variety of tools that can be utilized (stagger timing of workforce reduction; review requests for voluntary unpaid absences for a few months during a year; part-time options; transfer options; contingency plans; etc.) at our September meeting.  Meetings with employees have answered questions pro-actively and “information is power.”  Part of the value of a civil service environment is the security of one’s position and we wish to implement a transition process that values the assets of each employee while creatively counseling individuals and departments about options at their disposal.  It was noted that recruitment will be challenging in this period of time before final 2003 budgets are finalized since many positions could be reconfigured.  An analysis of the negative impacts from the standpoint of Affirmative Action goals (diversifying the workforce) will be included in reports in upcoming months as well.

In addition, the Committee reviewed a Public Information Advisory Board recommendations for public input about the budget, received a report from intern, David Filiberto, about Government Accounting Standards Board  accounting procedures (GASB34) to comply with recent federal laws in accordance with generally accepted accounting principles, and accepted a purchase offer from Cornell regarding “Caroline Pinnacles” with contingency that the land be preserved to the fullest extent possible.  The Committee did not accept the proposal for name change from Charter Committee (three no votes for three different reasons).  The Committee set budget review meeting times.  Mr. Booth then noted that the balance of the meeting is reflected in resolutions presented to the Board.  Mr. Proto inquired about the dollar figure for the purchase of the Caroline Pinnacles property.  Mr. Booth stated that it was approximately $5,000.  Mr. Proto wanted to note for the record that he spoke as the representative of Town of Caroline as well as for other staff, to Mr. Koplinka-Loehr in opposition to this dollar amount.

RESOLUTION NO. 207 - APPROVAL OF THE PUBLIC INFORMATION ADVISORY BOARD BYLAWS

 MOVED by Mr. Booth, seconded by Mrs. Schuler.  A voice vote on the resolution resulted as follows:  Ayes – 11, Noes – 0, Excused – 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch).  RESOLUTION ADOPTED.

 WHEREAS, Tompkins County has taken steps to organize a Public Information Advisory Board by Resolution No. 135 of 1999, and
 WHEREAS, the current members of the Public Information Advisory Board have established Bylaws outlining the mission and purpose of the Public Information Advisory Board, and
 WHEREAS, the current members of the Tompkins County Government Operations Committee have reviewed and hereby recommend the approval of the Public Information Advisory Board, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Public Information Advisory Board Bylaws be approved and that said bylaws are hereby placed on file with the Clerk of the Board.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 208 - AWARD OF BID - VENDING SERVICE FIVE-YEAR CONTRACT

 MOVED by Mr. Booth, seconded by Mr. Totman.  Mr. Booth noted that proceeds of the vending contract are utilized, among other things, to send memorials for family members of County employees. Members of the Board inquired whether the vending company can provide healthy snacks in their machines.  Ms. Kiefer stated she had voted no at the Committee level because she as a member of the Energy Committee that had requested that the bid specifications include requirements related to energy efficiency.  Although Mr. Squires has just provided information on the cost per kilowatt for a variety of machines she does not have information that provides a comparison with the other companies that bid because they were not asked for it.  Ms. Kiefer indicated that she will therefore not support the resolution as a matter of principle.  Mr. Proto also expressed concern and wished that any contract granted expressed the wishes of the Board that a portion the snacks be of a healthy nature.  Ms. Robertson inquired why this particular company was chosen.  Mr. Squires indicated that three companies bid and the Committee chose this company due to the company being local while still providing adequate commission for the sales – eighteen percent compared to twenty percent and sixteen percent.  A voice vote on the resolution resulted as follows:  Ayes – 10, Noes – 1 (Representative Kiefer), Excused – 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Finance Department has duly advertised for bids for Vending Services at various County buildings, and
 WHEREAS, three (3) bids were received on July 24, 2002, and publicly read, now therefore be it
RESOLVED, on recommendation of the Vending Committee and Government Operations Committee, That the bid be awarded to Fine Host Corporation of Etna, New York,
 RESOLVED, further, That the bid be awarded for five years, commencing on October 1, 2002 through September 30, 2007,
 RESOLVED, further, That County Administration is authorized to implement this bid on behalf of the County.
SEQR ACTION: TYPE II – 20

RESOLUTION NO. 209 – AUTHORIZATION FOR EARLY RETIREMENT - PERSONNEL

 MOVED by Mr. Booth, seconded by Ms. McBean.  Mr. Whicher explained that Mr. Hillick will provide assistance during the transition period as a half-time employee.  A voice vote on the resolution resulted as follows:  Ayes – 11, Noes – 0, Excused – 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Board of Representatives authorized participation in the 2002 Early Retirement Incentive Program, and
 WHEREAS, the Records Manager, Robert Hillick, in the Personnel Department is eligible and has voluntarily chosen to retire during the open period, and
 WHEREAS, this incentive may be used on behalf of any eligible employee who so chooses, provided that the Department Head has recommended a plan that will result in a financial savings equal to fifty percent of the base salary of the retiring employee over a two-year period following the retirement, and
 WHEREAS, the Personnel Department has submitted a savings plan as required by the New York State Retirement System, and
 WHEREAS, this plan involves filling up to a half-time position while providing necessary support services for the Records Management Program with existing staff, and
 WHEREAS, such plan has been reviewed and recommended by the County Administrator, now therefore be it
 RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That Robert Hillick be authorized to retire under the terms of the 2002 Early Retirement Incentive Program,

 RESOLVED, further, That the fiscal target adjustment will be made in one blanket resolution later this year for all those approved for the Early Retirement option.
SEQR ACTION:  TYPE II-20

Report from the Budget and Capital Committee

 Mr. Penniman, Chair, said the Committee met in the past week.  During that time Mr. Squires provided material that compared expenditures in neighboring counties.  This information will be provided to Board members in the near future.    He said a presentation was given to the Committee by Mr. Joseph, Chair of the Space Needs and Location Committee, regarding their capital projects.  Mr. Penniman said that Mr. Joseph will be presenting a report to the full Board in the near future.  Next, Mr. Penniman discussed upcoming budget calendars, noting most program committees had set their dates.  He is also in the process of setting up budget dates for the October meetings and asked that members of the Board provide comments on the proposed dates within a week of receipt.

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

 Mrs. Schuler, Chair, said that the Committee has not met for regular business since the last Board meeting.  She noted, however, that a joint session was held with Health and Human Services and Budget and Capital Committees immediately prior to this evening’s meeting.

RESOLUTION NO.  210 – APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY AT THE SHERIFF’S OFFICE

 MOVED by Mrs. Schuler, seconded by Mr. Booth. Mr. Proto inquired whether in a sad situation such as this where the opening is due to death, does it still require the normal hiring procedures that require Fiscal Management’s approval.  Mr. Whicher said that it would still require approval of the Fiscal Management position.  A short roll call vote resulted as follows:  Ayes – 11, Noes – 0, Excused  – 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch).  RESOLUTION ADOPTED.

 WHEREAS, due to the death of Deputy Charles “Scott” Odell, there will be a payment of contractual applicable fringe benefit balances at a cost of $6,326, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent fund, now therefore be it
 RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance appropriates a total of $6,326 to the Sheriff’s budget for terminal pay,
 RESOLVED, further, That the money be distributed to the following accounts:

FROM:  A1990.54440  Contingent Fund  $6,326

TO:  A3113.51000419 Regular Pay   $5,021
  A3113.58800  Fringe    $1,305
SEQR ACTION:  TYPE II-20

 Mrs. Schuler then reported that the Tompkins County Emergency Management Council announced that an Incident Command System Training will be held on November 9 and 10, 2002 at the Bostwick Road Facility.  This training is designed for public works and highway employees and Mrs. Schuler encouraged municipalities to request their employees to attend.  Mrs. Schuler then informed Committee members of the dates set aside for budget review:  September 5, 11, 18, and 19, 2002.

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

 Mrs. Schuler, Vice Chair, reported that the meeting dealt with many resolutions appearing on the agenda.  She noted that the proposed contract between the County Office for the Aging and Cornell University to prepare a Community Conversation program is extremely exciting.  She also noted that she is pleased that the resolution was approved that will allow setting of a Dental Clinic Rate.  This is a lengthy process and will assist in moving forward with the possibility of providing much needed dental service in the future.  Mrs. Schuler is in receipt of many letters coming from families of children with special needs as to the continuation of programs.   It is important to note that the County is mandated to provide these services.  Mr. Proto said that the establishment of a dental clinic was postponed at this time and will be discussed at budget time.

RESOLUTION NO. 211 - AUTHORIZATION FOR EARLY RETIREMENT – HEALTH DEPARTMENT AND STOP-DWI

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

WHEREAS, the Tompkins County Board of Representatives authorized participation in the 2002 Early Retirement Incentive Program, and
WHEREAS, the following employees are eligible and have voluntarily chosen to retire during the open period:
Sharon Haas, Community Health Nurse, Health Department - .5 FTE
Peter Coats, Sanitarian, Health Department – 1.0 FTE
John Beach, Coordinator, STOP-DWI – 1.0 FTE
, and
WHEREAS, this incentive may be used on behalf of any eligible employee who so chooses, provided that the Department Head has recommended a plan that will result in a financial savings equal to fifty percent of the base salary of the retiring employee over a two-year period following the retirement, and
WHEREAS, savings plans as required by the New York State Retirement System have been submitted describing the following methods of saving funds:
Sharon Haas:  The Health Department has proposed in the 2003 budget to not fund .5 FTE of a Community Health Nurse;
Peter Coats:  The Health Department will fill this position half-time for the next two years and the OTR for the .5 FTE Sanitarian  will be withdrawn upon approval of this resolution;
 John Beach:  The position will be filled half-time for the next two years, and
WHEREAS, such plans have been reviewed and recommended by the County Administrator, now therefore be it
RESOLVED, on recommendation of the Health and Human Services, Public Safety, and Budget and Capital Committees, That Sharon Haas, Peter Coats, and John Beach be authorized to retire under the terms of the 2002 Early Retirement Incentive Program, and
RESOLVED, further, That the fiscal target adjustments will be made in one blanket resolution later this year for all those approved for the Early Retirement option.
SEQR ACTION: TYPE II-20

Report from the Information Technology Services Policy Committee

 Ms. Kiefer, Vice Chair, said the Committee has not met for regular business since the last Board meeting.

Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee

 Mr. Lane, Chair, said that the Committee has not met for regular business since the last Board meeting.  He reported that the Committee met briefly immediately prior to this evening’s meeting to conduct business regarding resolutions appearing on the agenda.

Report from the Charter Review Committee

 Mr. Lane, Chair, said Mr. Proto, Vice Chair, will report on this Committee; however, he desired to let the Board know that the resolution withdrawn by his Committee was to afford the entire Board an opportunity to have input.  Mr. Proto then reported that the Committee discussed the Probation Department’s portion of the Charter and attempted to seek an appropriate means to include the words “Alternatives” or “Alternate Justice” within the title.  A variety of options were proposed and will be reviewed at the next meeting.  Also discussed was the Human Rights Commission’s addition of the Commissioner’s duties how best to clarify the distinctions between and the Human Rights Director and Commissioner.  Further information to assist in clarifying this definition will be received at a later date.  The last item discussed was the proposed change in the name of the County Board and that will come forward at a later date.  The next meeting of this Committee will be Wednesday, August 28, 2002, at 1:00 p.m.

Report from the Communications Capital Projects Committee

 Mr. Penniman, Vice Chair, wanted to provide Ms. Robertson the opportunity to report on the New York State Department of Transportation relocation project.  Ms. Robertson reported that there have been two town meetings discussing this project, during which the town expressed the desire to hold a meeting that would include town and village officials, school board officials, school district officials, the Mayor of Freeville, County personnel, and Department of Transportation personnel to review a range of sites in a variety of locations.  This meeting will take place September 4, 2002 in the Dryden Village Hall.

Report from the Fiscal Management Committee

 Ms. McBean, Vice Chair, reported that the Committee met August 9, 2002.  She said of the four positions brought forth which included two deputy sheriff positions, one security officer for the Department of Social Services, and one administrative computer assistance in the Information Technology Services Department, all but one were approved.  Ms. McBean said that the Committee has been very impressed with the manner in which departments are scheduling positions in order to come forth and request employment only when clearly necessary.

Report from the Public Safety Building Space Planing Committee

 The Committee has not met for regular business since the last Board meeting.  They will be meeting August 23, 2002 at 2:00 p.m.

Report from the Space Needs and Location Committee

 The Committee has not met for regular business since the last Board meeting.  They will be meeting August 28, 2002 at 3:00 p.m.

Report from the Ethics Advisory Board

 Ms. Kiefer, Chair, reported that the Board held its annual meeting on August 19, 2002.  She said that Mr. Wood, County Attorney, reported that the 2002 financial disclosure forms submitted by County personnel were filed and noted that there were no problems to report.  Following Mr. Wood’s report the Board reviewed information received regarding the complaint brought forth aboaut the City of Ithaca.  Following a question and answer period by members of the Ethics Advisory Board on procedural matters, Mr. Wood was requested to write to the parties involved in the complaint and request a written response to the complaint by September 13, 2002.  The next meeting of this Board will take place Monday, September 23, 2002, at which time the parties may be asked to participate.  Ms. Kiefer said that in the event the City Ethics Code was found to have been breached, which would be a misdemeanor, it would be up to the District Attorney to pursue the issue.  Mr. Wood also said that there is the possibility of potential fines under the City’s Code and the Advisory Board could recommend them as well.  Mr. Penniman inquired about the process that brought forth the matter.  Ms. Kiefer said that although the City Attorney could have dealt with the complaint, which came from another City “official” the City Attorney chose to refer it to the County Ethics Advisory Board.  Mr. Penniman inquired what City official could make a complaint.  Mr. Wood said that in the General Municipal Law it states “official of the city.”  He said that he felt that the County should not make that determination and requested from the City Attorney if this individual was in fact such, and the response indicated that the complainant was, in the opinion of the City Attorney, an official.  Mr. Proto inquired whether the statutes extend to any municipality within the County who does not have an Ethics Advisory Board.  Mr. Wood indicated that yes, it does cover all municipalities within the County.

Approval of Minutes of August 6, 2002

 It was MOVED by Mr. Todd, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, to approve the minutes of August 6, 2002 as submitted.  MINUTES APPROVED.

Unfinished Business

 Mr. Proto asked if there is any action available to the Board to act as a memorial to those lost last year during the attacks made on September 11, 2001 and what the appropriate procedure would be.  Mr. Lane felt that the Government Operations Committee would be the starting point.  Mr. Booth, Vice Chair of the Government Operations Committee, will see that the subject is put on the agenda.  Mr. Booth inquired of the County Attorney whether the Chair of the Board has the authority to lower flags. Mr. Wood indicated that it has been done on occasion and that there are provisions defined in the law.  He will provide this information to Government Operations Committee as well.

Adjournment

 On motion the meeting adjourned at 8:02 p.m.

Respectfully submitted by Karen Fuller, Deputy Clerk, Board of Representatives