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Called to Order

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

Pledge of Allegiance to the Flag and Roll Call of Members

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

 Present:  15 Legislators.

Privilege of the Floor by the Public

Allen Lambert, East Falls Street, spoke in opposition to the manner property assessments are completed.  He stated previous correspondence to the County and Director of Assessment has not yet been responded to and since then, additional research confirms his belief errors in assessment calculations are taking place.   Mr. Lambert also expressed his desire for the Legislature to honestly speak to the issue of expenditures and that alternatives such as cutting services rather than pass what could be viewed as  hidden taxes such as the proposed transfer tax would be preferred.

Richard Patterson, President of the Ithaca Board of Realtors, delivered additional petitions against the resolution entitled “Adoption of Local Law No. 1 of 2006 – A Local Law Authorizing a Tax on Real Estate Transfers”.  He also asked that consideration be given to the low- and moderate-priced homeowners in Tompkins County whose only asset is the equity in their home.  Mr. Patterson pointed out that the transfer tax may create a situation where a capital gain would be greater for the individual with the lower- to moderate-priced home.  He feels the tax should be based on gain rather than the price of a home.

 Steve Vrana, Ellis Hollow Road, shared photographic layouts of the difference between the north and south side of Ellis Hollow Road at different locations.  He feels consideration should be made not to move the centerline more north as it would have a detrimental impact on homes and property located on the north side of the road.  He stated if it is moved more north where older homes are close to the existing road, homeowners would lose landscaping, deal with noise pollution, and decrease the value of their home with regard to future sales.

 David McFarren, Ellis Hollow Road, read the following statement:

“Between 1984 and 1987, I served on the school board here in Ithaca. Years later and to this day I like to tell people that —I served my full three-year sentence. And the dominant worries I faced on the board were —Am I doing the right thing? Am I taking the easy way out? Am I worthy of the public trust? I am sure that you, sitting here on this board, have many of the same thoughts.
“Tonight I come before you to speak about the proposed moving of the centerline of Ellis Hollow Road to the north and to ask you two difficult questions. But first, a little geology.
“As rainwater and snowmelt trickle down the slope on the south side of Ellis Hollow Road, fine particulates and organic matter are deposited on the hillside. During heavy rains, lots of material gets washed into the ditch. As you know, the highway department spends lots of money every year to keep these cleaned out. And every year, the hillside to the south encroaches a tiny bit more on the roadway. It’s a never-ending battle. If left on its own, the ditch would soon fill up and disappear and the sediments would start to overtake the roadway-eventually creating a smooth, continuous slope once again and no road at all. Obviously, we can‘t let that happen.
“But, because of these natural actions, IT WILL ALWAYS BE EASIER TO MOVE THE ROAD DOWNHILL TO THE NORTH. If you drive down Ellis Hollow Road, you will notice that many of the houses on the north side of the road are closer to the road than those on the uphill south side. Why? Has the road already been moving imperceptibly downhill since the days of the horse and buggy? It’s only natural that it would. It’s the easy way out.
“That brings me to the first of my two questions. How many of you own your own homes here in Tompkins County. Can I see a show of hands? So you have all been house-hunting at sometime or other. My question for you is—When is a house too close to the road? “At what point do you not even get out of the Realtor’s car to look because you feel that the house is too close to the road? What would it feel like to be living in a house that no one will buy because it is perceived as being too close to the road?” Oh, and by the way, it is not only the proximity to the roadway that I am talking about. As the road moves closer to your front door, the noise of the cars and trucks passing by gets louder and louder. On the uphill side of the road, the hillside acts as a natural barrier to block and deflect many of the sounds of the roadway. On the downhill side, there is no such advantage to be had. It’s a double whammy.
“My second question to you concerns a matter of fairness. Jim Dewey of 1556Ellis Hollow Road moved to this address in 1959. In 1959, I was only ten years old. And Jim tells me that since he has lived on the road, he remembers the centerline being moved to the north, closer to his house at least once if not twice. Of course, there are probably no records of this happening. Back in those days, the road builders simply did the work without consulting anybody. Probably no lawyers were involved either and no paperwork. But we don’t do things that way today. We have meetings and discuss proposals and build consensus. It’s only right. So I am asking you all this evening if it is the right thing to do to, once again, take the easy way out, and propose that the centerline be moved downhill to the north. It’s easier. It’s cheaper. BUT IS IT THE RIGHT THING TO DO?”

 Norman Vrana, Ellis Hollow Road, stated his home is on the north side of the roadway and he feels to move the center line is setting a bad precedent.  Mr. Vrana feels that unless the possibility is disclosed to a homeowner prior to purchase the assumption is this will not occur.  He also feels that unless the widening of the road can be done in a manner to keep the centerline of the road as it presently is no work should take place.

 Cynthia Hannah-White, Ellis Hollow Road, questioned the need to widen the road and believes this will only increase the quantity and speed of traffic.  She also believes moving the centerline to the south is better as more homes are closer to the northern side of the road, as well as the northern homes having landscape features.  Her house is on the north side and already has a steep driveway will it be even steeper?  Ms. Hannah-White feels that without formal eminent domain proceedings it is illegal for the County to take land as suggested and will proceed with appropriate steps if she determines she is correct.

 Robert Kuehn, Ellis Hollow Road, agreed with the previous statements relating to speeding and location.  He doesn’t feel that shoulders should be widened for bike lanes and that to widen the road will eliminate hedges and other landscape features that have been in the community for years.  He hopes a better plan will be developed and if not will consider seeking legal counsel.

 Kimberly Michaels of 1430 Ellis Hollow Road read the following statement:

“The proposal to re-align and widen Ellis Hollow Road brought to the residents this summer by the County is unacceptable to many residents.  While I agree that the road needs repair, it does not need to be widened.
“Ellis Hollow Road is the spine for a very active community.   We see our road as an integrated part of our neighborhood.  Pedestrians and bicyclists frequent the road.  Many of us living along the road have children and pets.   There is a concern that current speeds on the road present a safety hazard, as many vehicles exceed the 45-mile an hour speed limit.  Construction and delivery traffic often uses Ellis Hollow Road as a shortcut between Rte. 79 and Cornell, adding to the safety concerns.  Many of our mailboxes are across the street forcing residents to cross speeding traffic to get their mail, and nearly every resident has a story to tell about an accident that occurred near their home, or, unfortunately, ran into their yard.
“Widening the road and adding shoulders will only lead to increased traffic and speeds.   Information on traffic calming tells us that narrower roads lead to slower speeds and safer neighborhoods.  Ellis Hollow is a community that is seeking to preserve its neighborhood character in the face of these road improvements.    In the interest of maintaining a neighborhood feel, and a safe place for our children and homes, I request that the revised proposal does not include road widening.
“Furthermore, along the north side of the road, the houses, particularly the historic homes, are very close to the road.  The proposal given this summer included moving the road further north, and adding width to the shoulders.  Also included in this proposal would be the grading necessary to implement these changes.  Moving the road closer to homes already so near to the street disrupts the living conditions for families on the north side, reducing the buffer of their front yards and increasing the noise levels in their homes.  Re-aligning the road, widening the shoulder, and re-grading will also wipe out many of the homeowners’ property improvements.  Fences, trees and gardens will be affected.   One of the aesthetic as well as traffic calming qualities of Ellis Hollow Road is that it is tree-lined for much of its length.  Even small grade changes, such as a few inches, is enough to kill trees.    Wiping out long banks of mature trees will not only change the character of the neighborhood, it will lead to increased speeds, and will take years and years to regenerate.
“Perhaps the most compelling point is that legally, the residents of Ellis Hollow own to the center of the roadway.  The county has rights to improve any land that they currently use, but do not have legal standing to take land from any property owner.   This issue has been fought and lost by the county on two occasions in recent history.  It is completely unacceptable that the county continues to represent to the community and to its designers that they have rights to land when they do not.  I strongly and respectfully ask this committee not to consider any plans in which property is taken from a resident along Ellis Hollow.”

 Pat Pryor, Lansing, spoke in opposition of the resolution entitled “Adoption of Local Law No. 1 of 2006 – A Local Law Authorizing a Tax on Real Estate Transfers”.  She said the constituency of future homeowners is organized, but just because it’s easy to pass this tax, she expects better from fellow Democrats.  She indicated that as a senior citizen the proceeds from her recent sale are being utilized to make improvements to the downsized home recently purchased.  Ms. Pryor stated the recent purchases of ramps, fencing, insulation, etc. are to enable her to stay within her new home as she ages.

 At this time Mr. Joseph noted there is no action item on the agenda with regard to Ellis Hollow Road.  He will ask that the resolution entitled “Adoption of Local Law No. 1 of 2006 – A Local Law Authorizing a Tax on Real Estate Transfers” be moved up on the agenda to allow those speaking to the issue to be present during discussion.
 
Privilege of the Floor by Legislators

Mr. Herrera, District No. 5 Legislator, said that although she had missed the Labor Day picnic at Stewart Park, she had been informed that fellow Legislator, Nathan Shinagawa, had been named “Friend of Labor” for his work on health care initiatives.

Mr. Proto, District No. 7 Legislator, asked that Mr. Randall, as Chair of Facilities and Infrastructure, provide an update on Ellis Hollow Road.  He then shared information on individuals receiving billings from New York State Electric and Gas that the dates have been shortened and some are receiving a billing with a zero balance.  Mr. Joseph indicated this is due to a refund due customers as a result of an estimation overcharge.  Mr. Proto cautioned individuals to confirm that the zero billings are correct.  He also spoke of a Public Service Commission mandate to refund money to New York State Electric and Gas customers.

Ms. Robertson, District No. 13 Legislator, said there was a public meeting in July regarding the Ellis Hollow Road reconstruction.  She noted she has been working with the appropriate Public Works staff regarding the project, which is still in the planning stage, with no final determination of the road design.  She intends to forward information regarding the project to the community within the week.  She then spoke of upcoming open enrollment for Medicare Part “D” between November 15 to December 31 for any individual not yet enrolled.  There are a number of clinics being held at Lifelong, one of which is September 6 from 10:00 a.m. to 12:00 noon; questions regarding Medicare Part “D” should be directed to Lifelong or the Tompkins County Office for the Aging.  Ms. Robertson then announced a primary election is coming up on September 12 and urged residents to participate.

Mr. Booth, District No. 3 Legislator, requested that the Legislators be provided with a summary of the law with regard to the legal need to widen a highway and what the County’s rights are with regard to moving a centerline without pursuing eminent domain proceedings.  He believes it would be useful for Legislators to have this information.  Mr. Wood indicated he had already received this request from Mr. Marx, Commissioner of Public Works and Planning.

Mr. Dennis, District No. 15 Legislator, reminded Legislators of the September 11th Family Reading Partnership program featuring Mr. Jim Trelease to be held at the Kulp Auditorium at 7:30 p.m.  Members of the Legislature are invited to learn more about the value of reading to children.

Mr. Proto announced that he hoped Ms. Pryor and the public realize that all members of the Legislature will be responsive to requests made and that it is recognized that there will be a level of fairness, regardless of party affiliation.

Mr. Stevenson, District No. 8 Legislator, announced that during the weekend of September 16 Newfield will be having its Old Home Days.  This year’s theme is to honor Mazourek Farms one-hundred years within the community.  Mr. Stevenson invited all residents to participate in the charm of a small community.

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

 Mr. Koplinka-Loehr, Chair, stated that most items undertaken by the Committee can be found within the agenda or summarized in the 2007 Proposed Budget materials provided to members.

RESOLUTION NO. 148 - ADOPTION OF LOCAL LAW NO. 1 OF 2006 - A LOCAL LAW  AUTHORIZING A TAX ON REAL ESTATE TRANSFERS
 
  MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.

 Mr. Stevenson spoke in opposition to the resolution and noted it caused the most significant public input of any issue since he has become a member of the Legislature.  He stated all constituents who have contacted him have been against the transfer tax and that it is not the way they wish to have the Legislature respond to financial need.

 Mr. Proto agreed with Mr. Stevenson and noted the time to consider an issue such as this is during or subsequent to the budget deliberations; he will not support the resolution.

 Ms. Kiefer spoke of the fact the 2005 Legislature had voted to include revenue from the anticipated tax within the 2006 budget and for her the resolution is simply a follow-through to that decision.  She noted new members may not feel there was an opportunity for their input, however she will support the resolution for the reasons stated.

 Ms. Mackesey indicated it is a difficult decision for her to make regarding whether to support the resolution, however this evening she cannot support it.  She believes in taxes as a manner to provide many wonderful things for our country such as lunch programs, bridges, roads, immunizations, etc., however the past twenty-five years have not shown a continuation of positive decisions.  Ms. Mackesey spoke of her disappointment in the manner the Federal government has shifted from assistance to a system that created winners and losers as well as eliminating programs.  Ms. Mackesey said as a result of choices made by State and Federal government the County is trying to keep services at a level that assists the residents, yet neither young or older citizens can afford to continue paying the taxes.

 Mr. Randall spoke in opposition of the resolution, noting it would take away additional funds from those who do not have a great deal.

 Ms. Robertson said of total local property tax, three-quarters is school tax; the County was able to keep the levy flat from 2005 to 2006, and continues to seek ways to reduce expenses and maintain a zero percent increase in the tax levy.  She also spoke of being disappointed that the Ithaca Board of Realtors site did not indicate what the loss would be to residents.  Ms. Robertson noted a variety of potential cuts if the transfer tax is not adopted.  While she agrees with Ms. Mackesey there is a need to restructure government she disagrees with Ms. Mackesey’s conclusion, noting the transfer tax represents a fee that may be paid only once or twice within a lifetime rather than each year, which makes it more palatable.

 Mr. Sigler is opposed to the resolution; he is disappointed that anticipated revenue had been budgeted for the current year that creates a shortfall.  He believes the transfer tax could be a problem and in light of the public outpouring against the tax he will not vote in favor of it.

 Mr. Joseph explained he will vote in favor of the resolution and noted that it is a manner to fund County programs that would not require an annual increase in property taxes that could potentially force a sale of a home to pay for the taxes.  He also spoke of the proposed budget cuts and the need for the Legislature to determine the best manner to provide for the citizens of the County with the least impact.

 Ms. Kiefer desired to correct information included in the Ithaca Board of Realtors transfer tax information and noted that Tompkins County is not the first county to enact a transfer tax.  She shared information indicating that Erie, Broome, and Nassau County each have a transfer tax that has been in place for almost a decade; at .5%, .1% and 1% respectively.  She said Tompkins County’s .2% transfer tax puts it in the lower end of the tax rates.

 Mr. Booth said it is correct for the County to seek additional ways to raise revenue that reduces pressure on property taxes.  He said there are reasons not to support the resolution, and he assumes a referendum would vote down this proposed change.  Mr. Booth said although the transfer tax is not a desirable tax, it is less undesirable than raising property taxes.  He believes the general property tax is an especially burdensome tax because there is no relationship between the tax and a person’s ability to pay the tax.  In addition, he noted there presently is a transfer tax in place with all the revenue going to the State of New York; this transfer tax will provide a portion of this tax to the County.  Mr. Booth said he would reluctantly support the resolution.

 Mr. Shinagawa noted people are normally opposed to additional taxation.  In his discussions with constituents some came to understand why the choice was made for a transfer tax, others did not.  He stated that without the transfer tax deeper cuts into services would affect the quality of life substantially to the point of hurting the County overall.  He will support the resolution.

 Mrs. McBean-Clairborne said as a homeowner she dislikes taxes of any kind.  If the resolution passes she would like to remind the Legislature that by doing so, the taxes should not increase as though it were nonexistent.

 Ms. Herrera noted that a transfer tax would not benefit those who by nature of their business sell numerous houses such as realtors and individuals who “flip” homes for profits.  She also noted that for those retired selling homes the amount of money the tax represents could be significant to them.  She said the transfer tax is not intended to put the burden on any particular group of individuals, however, she would like to see a sunset clause that would provide for a review of this tax.

 Mr. Proto recalled a variety of taxes that were put in place as a temporary measure such as the one percent sales tax enacted in the 1990’s to restore the fund balance; it is still in place with the County relying on the revenue.  He asked for clarification of who would pay the transfer tax in the event the seller is a tax-exempt organization; he recalled the responsibility would fall upon the buyer in this case.  Mr. Wood stated the grantor pays the tax unless under law is exempt.  A specific list of who is exempt is used and is different than a property tax exemption.  If the seller falls into this category, the buyer pays the transfer tax.

 Ms. Herrera stated that if the resolution fails she is willing to raise the tax rate equivalent if the Legislature directive cannot be met.

 Mr. Koplinka-Loehr doesn’t believe anyone likes to pass an additional tax.  This is more like a fee.  He reviewed the history of the resolution, and noted the Governor only recently signed the legislation.  Mr. Koplinka-Loehr takes exception to Ms. Herrera’s statement, stating he does not believe it is possible to find an additional $500,000 in reductions to the budget as $1.6 has already been reduced.

 Ms. Robertson noted the revenue was placed in the 2006 as one of many projections that are made every year, based on the best information we have at budget time.

 A roll call vote on the motion resulted as follows:  Ayes – 8 (Legislators Booth, Dennis, Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne, Robertson, and Shinagawa); Noes – 7 (Legislators Hattery, Herrera, Mackesey, Proto, Randall, Sigler, and Stevenson).  RESOLUTION ADOPTED.

 WHEREAS, Resolution No. 141 of 2005 requested an amendment to New York State Tax Law Article 31 to permit Tompkins County to Impose a County Transfer Tax, and
 WHEREAS, the request was approved by the New York State Assembly, New York State Senate, and the Governor of New York State, and
  WHEREAS, a public hearing was held before the Tompkins County Legislature on August 1, 2006, to hear all persons interested in proposed Local Law No. 1 of 2006 - A Local Law Authorizing a Tax on Real Estate Transfers, now therefore be it
 RESOLVED on recommendation of the Budget and Capital Committee, That proposed Local Law No. 1 of 2006 - A Local Law Authorizing a Tax on Real Estate Transfers, is hereby adopted,
RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.
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Chair’s Report

 Mr. Joseph reported the first Expanded Budget Committee meeting will take place on September 6th and noted these meetings will run through the dinner hour and asked that members donate to provide meals during the meetings.  He then stated that members could park in any open spot in the County parking lot; if locating empty spaces becomes a problem the Legislature Clerk will reserve parking spots.  Mr. Joseph reminded members of a meeting on Friday, September 8th at 10:00 a.m. with Ithaca High School Superintendent Judith Pastel to review their capital program.

Report from the County Administrator

Mr. Whicher called attention to the two separate budget notebooks provided to members of the Legislature and noted they represent one solution to meet the Legislative Directive, which may not be the best one, and indicated he cannot support the Legislative-Directed proposed budget as being in the best interest of Tompkins County. He said drastic program reductions were necessary to meet the zero percent goal set by the Legislature and he had to look for any place to reduce the budget.  Mr. Whicher said there would be an overview of the budget at the first Expanded Budget Committee meeting held tomorrow.  He notes it includes spending up approximately six percent, much paid for with one-time money, and the fund balance is drawn down too low.  Mr. Whicher thanked departments and agencies for their hard work completed, as well as Administrative staff for compiling the information.  Mr. Proto inquired whether the news relating to a twenty-eight percent savings for the 2008 retirement fund would affect the budget.

Report from the County Attorney

 Mr. Wood reported the litigation relating to damage received to one of the Tompkins County Sheriff’s automobiles as a result of an accident has been resolved.   The insurance company involved attempted to shift partial blame to the officer, however, the outcome is that no responsibility was assigned to the County.

Report from the Finance Director

 Mr. Squires reported at the August 14th meeting of the Budget and Capital Committee he presented the final copy of the audit.  The audit positively indicated the County has a good fund balance, internal controls are in compliance, and the assets are safeguarded.  There will be a formal publication and notice of the final audit and interested parties may review it on the County website in the near future.

 Mr. Squires responded to Mr. Proto’s question regarding the 2008 retirement rates.  He said that the 2008 amount is due in February 2008, however, the County normally pays in 2007 to experience a discount savings.  Although there is a reported reduction in the rate he has not yet fully examined the information.  Mr. Squires said most employee contributions are approximately ten percent in 2006, the 2007 billing is approximately 9.2 percent of $26,000,000 in payroll, resulting in an approximate savings of $300,000.  Other areas of payroll for certain divisions such as corrections will have higher contribution rates, which have not yet been included in his analysis.  Mr. Squires said this reduction will not lower the fringe rate, although it will reduce some pressure on the fringe budget line.  Mr. Booth stated that he assumes the fringe rate for 2007 is greater than 39 percent and asked how much more than this the fringe rate actually is.  Mr. Squires reported the 2005 rate was 40.8 percent and is currently approximately 41 percent, but the insurance rate for 2007 is unknown at this time and may result in an increase.  Mr. Booth spoke of the new requirement for an independent audit committee and requested written direction be provided to members of this special committee regarding its responsibilities.  He expressed concern that if a formal statement is required there may be the need to have professional assistance for the committee.

Addition of Resolution(s) to the Agenda

 It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Budget Transfer – Board of Elections.
 
Withdrawal of Resolution(s) from the Agenda

  Permission was given to the appropriate Committee Chair to withdraw the resolution entitled Amending the Rules of the Legislature.

Approval of Resolution(s) Under the Consent Agenda

It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to present for approval the following resolution(s):

RESOLUTION NO. 149  - ACCEPTANCE OF GRANT FROM NEW YORK STATE HOUSING TRUST FUND CORPORATION FOR RESTORE PROGRAM – OFFICE FOR THE AGING

 MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda.

 WHEREAS, the Tompkins County Office for the Aging maintains a last-resort fund to pay health- and safety-related repairs to homes of low-income clients, and
 WHEREAS, client payments and subsidies are sought to cover the costs of repairs, and
 WHEREAS, funding is often not adequate to cover costs without further assistance from the last resort fund, and
 WHEREAS, home repairs have been identified as a major need for low-income seniors in two decennial countywide needs assessments, and
 WHEREAS, the Tompkins County Office for the Aging has been awarded a grant from New York State Housing Trust Fund Corporation to fund the RESTORE program in the amount of $40,000, and
 WHEREAS, the grant will serve the home repair needs of an estimated twenty households who are in emergency situation, and
 WHEREAS, the Tompkins County Office for the Aging has expressed a willingness to administer the RESTORE program, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, that the County hereby accepts this grant of $40,000,
 RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books:
REVENUE:  A6779.43803  State Revenue    $40,000
APPROPRIATION: A6779.51000215 Salary – Director   $     234
   A6779.51000517 Salary – Outreach Director  $     739
   A6779.51000529 Salary – Sr. Acct. Clerk/Typist  $     134
   A6779.51000673 Salary – Principal Acct. Clerk/Typist $     134
   A6779.54303  Office Supplies    $     275
   A6779.54400  Program Expense   $38,000
   A6779.58800  Fringes     $     484
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RESOLUTION NO. 150 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2006-2007

 MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda.

 WHEREAS, the Strategic Tourism Planning Board has traditionally recommended the appropriate agency for designation 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 Planning, Development and Environmental Quality Committee, That the designation of the TPA for State Fiscal Year 2006-2007 be awarded to the Ithaca/Tompkins County Convention and Visitor’s Bureau (I/TCCVB),
 RESOLVED, further, That the Director of the I/TCCVB report to the Planning, Development and Environmental Quality Committee, or that which is appropriate, if change occurs.
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RESOLUTION NO. 151 - ACCEPTANCE OF A SCENIC BYWAYS GRANT FROM THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO IMPLEMENT THE CAYUGA LAKE SCENIC BYWAY CORRIDOR MANAGEMENT PLAN - 2005

 MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda.

 WHEREAS, the New York State Department of Transportation (NYSDOT) has awarded grant funds to implement the Cayuga Lake Scenic Byway Corridor Management Plan, and
 WHEREAS, the grant funds will be used to construct a kiosk and related interpretive signage to promote additional visitors to the Cayuga Lake Scenic Byway and adjoining communities, and
WHEREAS, the grant requires a local sponsor for the grant, and
WHEREAS, Cayuga Lake Scenic Byway, Inc., a not-for-profit corporation of New York State, has requested Tompkins County to act as local sponsor of the grant, and
WHEREAS, the Department of Planning is prepared to work with Cayuga Lake Scenic Byway, Inc., to manage this program, and
WHEREAS, Cayuga Lake Scenic Byway, Inc., is prepared to provide the required match for the grant, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby agrees to act as local sponsor for the grant,
RESOLVED, further, That the County hereby accepts the NYSDOT Scenic Byway grant in the amount of $34,916,
RESOLVED, further, That the County Administrator or his designee be authorized to execute a multi-year contract with Cayuga Lake Scenic Byway, Inc., for the purposes of managing the grant project,
RESOLVED, further, That the County Administrator or his designee be authorized to execute any other contracts related to this project.
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RESOLUTION NO. 152 – INCREASE IN HOURS – SENIOR RECORDING CLERK – COUNTY CLERK

 MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda.

 WHEREAS, the Tompkins County Clerk’s Office wishes to increase the hours for the position of Senior Recording Clerk from 35.0 hours per week to 40.0 hours per week to accommodate the pressure of business, and
 WHEREAS, the Tompkins County Clerk wishes to maintain a level of service only possible by having this position designated as a forty-hour work-week, and
 WHEREAS, such change would be beneficial to the organization and would result in increased efficiency, and
WHEREAS, the funds for this change are included in the County Clerk’s 2006 budget, now therefore be it
 RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the standard workweek for one position of Senior Recording Clerk, Labor Grade 9(i) be increased from 35.0 hours per week to 40.0 hours per week, effective September 5, 2006.
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RESOLUTION NO. 153 - SCHEDULING A PUBLIC HEARING ON THE 2007 TOMPKINS COUNTY BUDGET AND THE 2007-2011 TOMPKINS COUNTY CAPITAL PROGRAM
 
 MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda.

 WHEREAS, the tentative 2007 Tompkins County Budget and the 2007 – 2011 Tompkins County Capital Program are scheduled to be adopted on November 21, 2006, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers, located at 320 North Tioga Street, Ithaca, New York on Tuesday, November 14, 2006, at 7:00 o'clock in the evening thereof concerning the review of the tentative 2007 Tompkins County Budget and the 2007-2011 Tompkins County Capital Program.  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 Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County.
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Appointment(s) Under the Consent Agenda

 MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda, to approve the following appointment:

Community Mental Health Services Board
Auguste L. Duplan, term to expire December 31, 2009.

Recess

 Chair Joseph declared a recess from 7:22 p.m. to 7:29 p.m.

 Mr. Koplinka-Loehr was excused at this time (7:29 p.m.).

Report from the Health and Human Services Committee

 Mr. Proto, Chairman, reported the Committee has met twice, first on August 21st when several human service agencies presented information on their programming.  He said it was a worthwhile meeting and all Legislators were provided with the written material as well.  Mr. Proto reported the Committee held its regular meeting earlier in the day and heard from departments and agencies presentations indicating how the proposed County Administration proposal of Legislative-Directed  cuts would affect them, which will prove useful to new members of the Legislature.  At the meeting, Mr. DeLuca, Mental Health Commissioner, reported that a grant applied for by Lakeview was not received, however, funding in the amount of $124,000 from the New York State Office of Mental Health was granted for the design work associated with the 38 single-room-occupancy units to be built.  He said originally the County would have had a total of 40 units, however, with the changed operations at Unity House the number was decreased by two and the authority to house them was changed to Lakeview.  The next meeting will take place on October 4th.

Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

 Mr. Randall, Chair, reported that the Ellis Hollow Road concerns will be placed on the next agenda of the Committee and he hopes to have the issues resolved and information pertaining to applicable laws.  He reported the Committee met on August 29th at which time a presentation was provided with regard to single-stream recycling.  Information on the pros and cons of this type of facility were provided as well as information indicating a potential loss to the County if this option is not considered.  The Committee is planning to learn more about this type of facility by either touring or viewing a video of an operational single-stream facility.  Mr. Randall reported the Committee reviewed a five-year projected budget for Solid Waste; additional clarification of this projection will be received at the next meeting.

RESOLUTION NO. 154 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 1 WITH C&S ENGINEERS, INC., FOR PHASE II OF AN ENVIRONMENTAL ASSESSMENT FOR OBSTRUCTION REMOVAL AND RUNWAY SAFETY AREA IMPROVEMENTS – ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Randall, seconded by Mr. Booth.  Mr. Randall noted the reason he did not support the resolution in Committee is that he feels manual inventory of tree species and size relating to the obstruction clearance is cost prohibitive, he believes there is a more technological way to determine the information such as through GIS.  A voice vote on the resolution resulted as follows:  Ayes – 12; Noes – 2 (Legislators Hattery and Randall); Excused – 1 (Legislator Koplinka-Loehr).  RESOLUTION ADOPTED.

      WHEREAS, the Legislature, through Resolution No. 127 dated July 5, 2005, approved an agreement with C&S Engineers, Inc., for $175,000 to conduct an Environmental Assessment for an Obstruction Clearance project at the airport, and
      WHEREAS, in the process of completing said environmental assessment, the Federal Aviation Administration (FAA) required that the airport also address its two non-standard Runway Safety Areas, and
      WHEREAS, bringing the Runway Safety Areas in line with FAA requirements requires changing the runway configuration which affected the delineation of obstructions at one end of the runway, and
      WHEREAS, local stakeholder concern about sensitive areas within the obstruction clearance project require a change from the original scope of services, and
      WHEREAS, the funding of this additional environmental assessment effort for the Runway Safety Area extension and Sapsucker Woods is as follows:
     FAA (95%)                                                                        $56,662.00
     NYSDOT (2.5%)                                                               $  1,491.00
     Local (Operational Budget)                                               $  1,491.00
                                                                                                $59,644.00
, now therefore be it
          RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplementary Agreement No. 1 with C&S Engineers, Inc., for an amount not to exceed $59,644 be and hereby is approved and that the County Administrator is authorized to execute the required documents,
      RESOLVED, further, That the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT.
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Mr. Shinagawa was excused at this time (7:39 p.m.).

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

 Ms. Robertson, Chair, reported the Committee met on August 30th and reviewed the budget of the Convention and Visitors Bureau, as well as hearing information on budget requests from the Soil and Water Conservation District and Tompkins County Area Development (TCAD).
It was reported by the Soil and Water Conservation District that Senator Winner’s office has committed $40,000 to buy equipment for the hydroseeding program as a member item.  Tompkins County Area Development reported on the need for an Empire Zone Coordinator position and noted it would quickly pay for itself.  In addition, a special Empire Zone Administration Board relating to the Empire Zone will be necessary and some names are being brought forward from TCAD; members who may have a name to suggest are urged to contact Ms. Robertson.  The updated draft Economic Development Strategy was presented to the Committee and the resolution to accept the plan will come before the full Legislature at the next meeting.   She reported that there have been discussions about moving the Workforce Investment Board staff closer to TCAD, which will result in an additional $116,000 per year for the next three years.  Ms. Robertson reported an update on car-share programs was provided by Mr. DeAragon of Ithaca-Tompkins County-Transportation Council.  This program offers the ability to reduce costs of company fleets by sharing with other car-share members.  She also reported on the difficulties being faced due to the increased deer populations in municipalities.  Some alternatives were provided by a Department of Environmental Conservation spokesperson.  It is hoped that a resolution urging the State to take action regarding hunting and trapping regulations will be brought through the Committee to the Legislature.  Ms. Robertson reported the next meeting will occur on September 21st.

RESOLUTION NO.   - EXPANDING THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM TO ALLOW PARTICIPANTS TO PURCHASE NEW HOMES
 
 It was MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne.  Ms. Kiefer understood the intent of the resolution is to provide new construction as well as refurbished homes to limited incomes, however, she expressed concern that the lack of restrictions implied in number 1 of the tiered options contradicts the comprehensive plan and the desires listed in the fourth “WHEREAS”.  She indicated she could support the resolution if item 1 is eliminated.

 It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to delete item 1 listed in the tiered chart.  Ms. Robertson called attention to the memorandum from Ms. Filiberto explaining the program and the reasons to expand and asked that in Ms. Filiberto’s absence Mr. Marx address the concerns.

 Mr. Marx noted Ms. Kiefer’s concerns were addressed during the process of setting criteria.  A review by the Planning Advisory Board, Homeownership Program, sub-committee on affordable housing, and program Committee included many questions and the resolution is a result of attempting to balance goals.  He stated the policy is an attempt to encourage rural, suburban, and urban housing in the County rather than one exclusive area.  The option of opening the available market is such that it will not encourage development in areas considered sprawl but those already intended to be residential and advertised as such.  Ms. Kiefer said she believes developers do not necessarily follow the comprehensive plan and she does not believe public money should encourage housing in “the middle of nowhere”.  Mr. Marx said the policy will be reviewed, however it is not expected to have many new homes purchased through the program.

 Ms. Robertson referred to the portion of Ms. Filiberto’s memo stating the new homes are ones already built, and not specifically for the program.  In addition, it was noted that few new homes would be attainable at the ceiling amount of the program ($125,000) but the policy allows for flexibility.

 Mr. Sigler said item 3 in the policy requires the homes are in close proximity to water, sewer, and transportation, which he believes addresses Ms. Kiefer’s concerns.  Mr. Marx noted they are the criteria for any project with direct public involvement in a project; the more public involvement there is the higher the criteria.

 Ms. Herrera stated she is a member of the Planning, Development and Environmental Quality Committee and said a lot of discussion occurred, however, she does not feel the resolution clearly states the intent of what is being done.  She supports the Homeownership Program and is pleased with what it does.  She suggested the resolution be returned to the Committee to rewrite it in a manner that clearly defines the intent.

 Ms. Mackesey referred to Ms. Filiberto’s memo that expressed a concern that some developers may seek low-cost property that generally is in rural areas, could be considered sprawl, and that is removed from infrastructure, neighborhood services, or major transportation routes.  She believes this confirms the concerns raised by Ms. Kiefer.

 Mr. Randall stated that as part of the Committee that developed and reviewed the policy, he does not believe including new homes is a direction that should be taken.  As a contractor, he does not believe that there is an incentive to build the homes, or upon completion of developing the land and building the structure it would be made available under the $125,000 cap.  Mr. Randall also noted that most of the new homes he has seen erected are doublewide structures that are excluded from the program.

 In response to a question by Mr. Hattery it was noted that approximately twenty grants are provided per funding cycle and that there is no plan for the County to provide funding to develop homes.  Mr. Marx stated that some of the amendments are being done as a result of conversations with developers who would like to provide new homes that could be made available through the program.

 Mr. Booth believes this is a good idea but should be returned to Committee for clarification.  He stated five items present problems:  (1) the policy needs to make it clear that all of the housing is subject to existing local land use controls; (2) Item 3 should note that the Planning Department does not fund construction projects, but rather that some public assistance comes through the Planning Department; (3) also in Item 3, it is not clear what “some other organization” refers to; (4) Item 2, criteria for Approval, does not set a criteria; and (5) he would like to clarify if the County is barred by federal or state regulations from considering mobile home purchases for the program.  Mr. Marx noted that currently doublewide and modular homes placed on foundations are allowed for the program, but not a singlewide mobile home due to depreciation concerns.

 It was MOVED by Mr. Booth, seconded by Ms. Mackesey to return the resolution to the Planning, Development and Environmental Quality Committee.

At this time, Mr. Joseph gave permission to Ms. Robertson to withdraw the resolution as requested.

 WHEREAS, the Tompkins County Homeownership Program has provided downpayment assistance to 218 low and moderate income households to help purchase safe, decent housing since 1993, and
WHEREAS, the number of listings on the market at prices that households with limited incomes can afford to purchase has decreased dramatically as housing prices have increased over the past several years and as a result, program participants are very limited in their choices of available housing units, and
WHEREAS, expanding the program to include new home purchases could ease the impediments in the tight real estate market, and
WHEREAS, expanding the program to include new home purchases supports the goals of the County’s Comprehensive Plan outlined in the housing section, which include promoting choice in location and type of housing, increasing homeownership, and promoting opportunities for people who work in Tompkins County to live in the County, and
WHEREAS, expanding the program to include new home purchases should also support other goals of County’s Comprehensive Plan such as encouraging development that preserves open space and valuable agricultural land, increasing housing density near job centers, encouraging infill development in existing town centers, and maximizing the efficient use of public infrastructure, and
WHEREAS, the Tompkins County Planning Advisory Board Housing Subcommittee and the Homeownership Program Oversight Committee approved the recommended program modifications, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County is hereby expanding the Tompkins County Homeownership Program to allow participants to purchase new housing using the following tiered approach:
New Construction Type Criteria for Approval
1.  A new home listed for sale on the open market.  - No restrictions on location.
2.  A new home offered exclusively to program participants.  - Developer must present the design and location of the home to the Homeownership Oversight Committee for pre-approval prior to offering it exclusively to program participants.
3. A new construction project that is publicly funded by the County Planning Department, or some other organization. - Project must be presented to the Homeownership Oversight Committee for approval.- Parcel must be ½ acre or less in size. - Home must be connected to public or community water and sewer infrastructure.- Home must be located within ½ mile of a transit stop.- Location must promote a compact, nodal development pattern as discussed in the Tompkins County Comprehensive Plan.
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RESOLUTION NO. 155 - PROGRAM RECONFIGURATION - PLANNING AND DISTRICT ATTORNEY – STOP-DWI PROGRAM

 MOVED by Ms. Robertson, seconded by Ms. Herrera.

 It was MOVED by Ms. Kiefer, seconded by Mr. Booth, to offer the following substitute resolution.  Ms. Kiefer felt it is useful to have the context included in the resolution as it explains the coordinator has been in the Planning Department.  She also said it is logical that it be noted that the coordinator is more logically placed where there is an appropriate relationship to the program.  Ms. Robertson noted the second “Whereas” is inaccurate as it does not include all departments that could possibly be associated with the program.  She noted also that the Committee considered Ms. Kiefer’s amendments but passed the original wording.

 A voice vote on the motion to substitute resulted as follows:  Ayes – 5 (Legislators Booth, Kiefer, Proto, Sigler, and Stevenson); Noes – 8 (Legislators Dennis, Hattery, Herrera, Joseph, Mackesey, McBean-Clairborne, Randall, and Robertson); Excused – 2 (Legislators Koplinka-Loehr and Shinagawa).  MOTION FAILED.

 WHEREAS, the appointment of a Special Traffic Options Program (STOP-DWI) Coordinator has, for the past three years, been a function of the Planning Department and is subject to confirmation by the Tompkins County Legislature, and
 WHEREAS, the STOP-DWI Program carries a strong relationship with activities in the public safety and addiction treatment areas and is more logical to have this STOP-DWI Coordinator in one of these County departments, and
 WHEREAS, the collaboration between STOP-DWI and the Office of the District Attorney would be enhanced by assigning the STOP-DWI program to the Office of the District Attorney, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality, the Public Safety, and the Budget and Capital Committees, That effective January 1, 2007, the Special Traffic Options Program be a program within the Office of the District Attorney,
RESOLVED, further, That administrative oversight be the responsibility of the District Attorney,
RESOLVED, further, That pursuant to State Law, funds will continue to be isolated in their own program account, not to be commingled with funding for the Office of the District Attorney.
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 A voice vote on the original resolution resulted as follows:  Ayes – 11; Noes – 2 (Legislators Kiefer and Sigler); Excused – 2 (Legislators Koplinka-Loehr and Shinagawa).  RESOLUTION ADOPTED.

 WHEREAS, the appointment of a Special Traffic Options-Driving While Intoxicated Program (STOP-DWI) Coordinator is a function of the Planning Department subject to confirmation by the Tompkins County Legislature, and
 WHEREAS, the Special Traffic Options-Driving While Intoxicated Program carries a strong relationship with activities within the Office of the District Attorney, and
 WHEREAS, the collaboration between these two programs would be greatly enhanced by assigning the STOP-DWI program to the Office of the District Attorney, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality, the Public Safety, and the Budget and Capital Committees, That effective January 1, 2007, the Special Traffic Options Program be a program within the Office of the District Attorney,
RESOLVED, further, That administrative oversight be the responsibility of the District Attorney,
RESOLVED, further, That pursuant to State Law, funds will continue to be isolated in their own program account, not to be commingled with funding for the Office of the District Attorney.
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Report from the Personnel Committee

 Mr. Dennis, Chair, said the Committee will meet next on September 13th.

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

 Ms. Herrera, Chair,  reported the Committee met on August 16th and will meet again on September 20th.  She indicated the work of the Committee is reflected in the resolutions presented and the resolution withdrawn at this time.  In addition, the Committee was given a presentation of the library budget that was helpful in understanding some of the details of the cost increases and priority requests for 2007, and the over-target requests.  The Committee reviewed the County parking lot rules and a resolution that designates the responsibility of assignment of parking lot spaces to the Commissioner of Personnel.  The next meeting will be on September 20th and will discuss the Rules of the Legislature such as determining how a conflict of interest is decided.

RESOLUTION NO. 156 – AUTHORIZING THE COMMISSIONER OF PERSONNEL TO DESIGNATE AND ESTABLISH RULES FOR PARKING FOR THE COURTHOUSE AND HUMAN SERVICES BUILDING COMPLEX AND RESCISSION OF RESOLUTION NO. 344 OF 1998

 MOVED by Ms. Herrera, seconded by Mr. Sigler.  Mr. Proto asked for clarification of the assignment of the Commissioner of Personnel as it relates to making policy.  Ms. Herrera provided a brief history of recent issues relating to State and County employee parking assignments and the need for flexibility in making decisions due to a variety of needs such as construction, increase in number of spaces required by the State, etc.  She noted that in the past the Commissioner of Personnel has successfully negotiated with the State regarding parking, which could have resulted in a greater loss of parking spots for County employees.  It was noted the Commissioner of Personnel has agreed to work in the capacity directed within the resolution.  Mr. Dennis noted the task of assigning parking is arduous and commends the Commissioner of Personnel for taking on the task.

 It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to offer the following substitution to the resolution.  The substitute resolution provides historical information Ms. Kiefer feels is important to retain when rescinding the previous resolution.  She noted the importance of stating it is not a County policy to provide parking, that specific rules should exist, and that there be flexibility built into the plan.  She also stated the second resolved were items thought important in the original resolution such as a space for the Sheriff’s car; continuance of the existing number of State parking spaces, though the number may need to increase in the future; provision for parking for elected officials such as the County Clerk, District Attorney, and Legislators.  Ms. Kiefer suggested that twelve spaces be allocated to the elected officials, double-parking for State vehicles, parking for County fleet vehicles; the ability for the Clerk of the Legislature to request that additional spaces be made available, and a meaningful enforcement of the rules established.

 Ms. Herrera indicated the original resolution was prepared to simplify the process and in no way was meant to negate the work of the previous committee.  She said the amendments to the original resolution would provide the ability to reflect present practices; she feels that the items noted by Ms. Kiefer certainly could be discussed, however, Ms. Herrera feels some could be very controversial and could be disagreeable with bargaining units if passed.
 

 Mr. Joseph strongly urged passage of the original resolution, stating it is an administrative duty.  He personally does not agree with the Legislature playing a part in assigning parking.

 Mr. Booth said if the number of parking spots assigned to the Legislature were amended the balance of the list is useful as a tool and asked if it is possible to use it.  Mr. Whicher stated that the list could be useful; however, the previous resolution created controversy when the Legislature assigned reserved parking without stakeholder presence.

Mr. Joseph also agreed that it is the one item that is objectionable; however, if the list were stating to take into consideration the items, he would be okay with that.  He expressed concern that a resolution has the ability to set policy and not allow flexibility.  He said the Commissioner of Personnel is aware of these items of concern and has worked with flexibility to resolve parking issues.

 Ms. Herrera spoke of recent events when it became known that parking would have to be modified due to installation of a generator; and the problem was addressed by the Commissioner.  She feels that the flexibility is very important, should not have to wait for the process of going through Committee and the Legislature, and cannot be limited to the items on the list.

 It was MOVED by Ms. Robertson, seconded by Mr. Stevenson to call the question.  A voice vote on the motion resulted as follows:  Ayes – 11; Noes – 2 (Legislators Kiefer and Proto); Excused – 2 (Legislators Koplinka-Loehr and Shinagawa).  MOTION APPROVED.

 A voice vote on the substitute resolution resulted as follows:  Ayes – 2 (Legislators Kiefer and Proto); Noes – 11; Excused – 2 (Legislators Koplinka-Loehr and Shinagawa).  RESOLUTION FAILED.

 WHEREAS, it is not the policy of Tompkins County provide parking for employees, and
 WHEREAS, it is nonetheless desirable to have appropriate-use rules for parking areas owned and maintained by Tompkins County, and
 WHEREAS, in July 1987, upon referral by Board of Representatives Chair Mink, the Leadership Council created the Parking Committee and charged it to review all parking availability and rules for employees and the public in downtown Ithaca lots owned and used by Tompkins County, and
 WHEREAS, that Parking Committee represented a variety of stakeholders and worked long and hard to arrive at an equitable, efficient, and workable plan, and
 WHEREAS, in December 1998, after a trial period and further deliberation, the County Board of Representatives passed Resolution No. 344, Adoption of Parking Plan for Courthouse Complex, with certain specifications and a map of numbered spaces, as well as the “Parking Rules for County Lots”, and
 WHEREAS, in the interest of efficiency and fairness, that plan has subsequently been unilaterally modified several times by the Personnel Commissioner, and
 WHEREAS, updating the Parking Plan, which included both Courthouse and Human Services Building lots, is desirable to allow flexibility for assigning spaces, an attribute not present in Resolution No. 344, and
 WHEREAS, it would be simpler to give authority to one person rather than to convene another stakeholder committee, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Commissioner of Personnel be designated to assign or decide how parking spaces shall be distributed and to set rules for parking for the Human Services Building and Courthouse Complex lots,
 RESOLVED, further, That in assigning parking spaces, the Commissioner of Personnel make use of the existing map to the extent possible, and follow the following guidelines:
· Provision be made for a Sheriff’s car to deliver prisoners for court appearances;
· Provision be made for continuing the existing number of New York State Court parking spaces;
· Provision be made for elected officials whose offices are in the courthouse complex, namely the 15 Legislators, the County Clerk, and the District Attorney, to have 12 spaces allocated to share among them;
· Provision be made for handicapped and short-term parking spaces;
· Provision be made for “double bunking” of Assessment Department employee cars;
· Provision be made for County fleet cars overnight;
· Provision be made for the Legislature Clerk, as necessary and on a day-to-day basis, to notify the Personnel Commissioner when additional spaces need to be marked as reserved for Legislature use on those days when additional attendance by Legislators at scheduled meetings is expected; and
· Provision be made for meaningful enforcement of the established parking rules,
RESOLVED, further, That Resolution No. 344 of 1998 – Adoption of Parking Plan for Courthouse Complex is hereby replaced in its entirety.
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 It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to offer the following substitute resolution.

 Ms. Robertson stated the changes do not change the fact that the duty of assigning parking should be administrative, not legislative.

A voice vote on the substitute resolution resulted as follows:  Ayes – 3 (Legislators Booth, Kiefer and Proto); Noes – 10; Excused – 2 (Legislators Koplinka-Loehr and Shinagawa).  RESOLUTION FAILED.

 WHEREAS, it is not the policy of Tompkins County to provide parking for employees, and
 WHEREAS, it is nonetheless desirable to have appropriate-use rules for parking areas owned and maintained by Tompkins County, and
 WHEREAS, in July 1997, upon referral by Board of Representatives Chair Mink, the Leadership Council created the Parking Committee and charged it to review all parking availability and rules for employees and the public in downtown Ithaca lots owned and used by Tompkins County, and
 WHEREAS, that Parking Committee represented a variety of stakeholders and worked long and hard to arrive at an equitable, efficient, and workable plan, and
 WHEREAS, in December 1998, after a trial period and further deliberation, the County Board of Representatives passed Resolution No. 344, Adoption of Parking Plan for Courthouse Complex, with certain specifications and a map of numbered spaces, as well as the “Parking Rules for County Lots”, and
 WHEREAS, in the interest of efficiency and fairness, that plan has subsequently been unilaterally modified several times by the Personnel Commissioner, and
 WHEREAS, updating the Parking Plan, which included both Courthouse and Human Services Building lots, is desirable to allow flexibility for assigning spaces, an attribute not present in Resolution No. 344, and
 WHEREAS, it would be simpler to give authority to one person rather than to convene another stakeholder committee, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Commissioner of Personnel be designated to assign or decide how parking spaces shall be distributed and to set rules for parking for the Human Services Building and Courthouse Complex lots,
 RESOLVED, further, That in assigning parking spaces, the Commissioner of Personnel make use of the existing map, and follow the following guidelines to the extent possible:
· Provision be made for a Sheriff’s car to deliver prisoners for court appearances;
· Provision be made for continuing the existing number of New York State Court parking spaces;
· Provision be made for elected officials whose offices are in the courthouse complex, namely the 15 Legislators, the County Clerk, and the District Attorney, to have a group of spaces allocated to share among them;
· Provision be made for handicapped and short-term parking spaces;
· Provision be made for “double bunking” of Assessment Department employee cars;
· Provision be made for County fleet cars overnight;
· Provision be made for the Legislature Clerk, as necessary and on a day-to-day basis, to notify the Personnel Commissioner when additional spaces need to be marked as reserved for Legislature use on those days when additional attendance by Legislators at scheduled meetings is expected; and
· Provision be made for meaningful enforcement of the established parking rules,
RESOLVED, further, That Resolution No. 344 of 1998 – Adoption of Parking Plan for Courthouse Complex is hereby replaced in its entirety.
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 A voice vote on the original motion resulted as follows:  Ayes – 13; Noes – 1 (Legislator Kiefer); Excused – 2 (Legislators Koplinka-Loehr and Shinagawa).  RESOLUTION ADOPTED.

 Ms. Herrera stated she believes Legislators should continue to be aware of the parking situation as it is something to be dealt with for future planning.

 WHEREAS, Resolution No. 344 of 1998 adopted a Parking Plan for the Courthouse Complex, and
 WHEREAS, updating the Parking Plan which included both Courthouse and Human Services Building lots is necessary to meet existing needs and reflect current practices, and

 WHEREAS, flexibility for assigning spaces is needed and the existing policy does not allow it, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committees, That the Commissioner of Personnel be designated to assign or decide how parking shall be distributed and to set rules for parking for the Human Services Building and the Courthouse Complex,
 RESOLVED, further, That Resolution No. 344 of 1998 – Adoption of Parking Plan for Courthouse Complex, is hereby rescinded.
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RESOLUTION NO. 157 - BUDGET TRANSFER – BOARD OF ELECTIONS
 
  MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present.  RESOLUTION ADOPTED.

WHEREAS, a budget transfer from personnel budget line is requested, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance be directed to make the following budget transfers on his books:
Board of Elections
Revenue Acct           Title                 Amt        Approp Acct           Title_______________
1450.51000049     Project Assistant $3,211.82   1450.52206                Computer Equipment      Explanation:  For our Full document project (Grant Money).
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Report from the Public Safety Committee

 Mrs. McBean-Clairborne, Chair, reported the Committee met in the afternoon to take action on the resolution presented under the Consent Agenda.  The next meeting will take place October 5th.

Report from the Workforce Development and Inclusion Committee

 Mrs. McBean-Clairborne, Chair, reported the next meeting of the Committee will take place on October 25th at which time members will review the logo for the County Diversity Program.

Approval of Minutes

 It was MOVED by Ms. Robertson, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, to approve the minutes of August 1, 2006 and August 15, 2006 as amended.  MINUTES APPROVED.

Adjournment

 On motion the meeting adjourned at 8:34 p.m.

Respectfully submitted, Karen Fuller, Deputy Clerk
 

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