Mr. Joseph called the public hearing to order at 5:31 p.m. concerning proposed Local Law No. 9 of 2002 – Establishing a Surcharge for Wireless Communications, and asked if anyone wished to speak.  No one present wished to speak.  Mr. Joseph said he received a telephone call regarding the proposed Local Law from Duane Scott of Slaterville who stated that if there was to be a $.30 surcharge on cell phones that the Board should also be promoting the siting of cell towers to provide better reception.  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:  15 Representatives.

Presentation of Proclamation(s)

 Chair Joseph presented the following proclamation(s):

- Cornell Cooperative Extension Week and 4-H Week in Tompkins County- October 6-12, 2002
- Domestic Violence Awareness Month – October 2002
- Mental Illness Awareness Week in Tompkins County – October 6-12, 2002

Announcement of Tompkins County Poet Laureate

 Chair Joseph said while we seem riveted on issues of how to counteract increasing Medicaid bills and how to pay for services without raising taxes at a rate too painful for the community to accept, it is good to take a step back and acknowledge the remarkable community we live in – a community where it’s possible to bump grocery carts with Nobel Prize winners or world-renowned musicians, a community that has its own currency, and now – a community that has its own Poet Laureate.  Mr. Joseph read a quote from the poet John Ciardi:  “The success of a poem is determined not by how much the poet felt in writing it, but by how much the reader feels in reading it,” or in listening to it.  He said that’s what poetry can do for us, it can make us feel different, it can make us think in a new way.  Mr. Joseph introduced the first Poet Laureate of Tompkins County, Katharyn Howd Machan.

 Mr. Joseph thanked former Board Member, Stuart Stein, for the insight and work done over the past year in researching and bringing to fruition this appointment of Tompkins County’s first Poet Laureate.

 Ms. Machan spoke of Plato’s desire to banish poetry from the lives of individuals within his republic, because poets were crazy and dangerous.  She said it was wonderful to instead see a very established body of the public embracing poetry.  She explained her role as Poet Laureate will encompass readings of poetry throughout the County, including a laureate series of writing workshops on various themes co-led by another poet within the County.  She shared the poem written for the occasion entitled “The Artist and the World,” and thanked everyone for the honor.

Privilege of the Floor by the Public

 Fay Gougakis, City of Ithaca, spoke of Cornell University and Ithaca College’s responsibility to share expenses within the County, particularly due to the additional expenses resulting from student parties within the communities.  She expressed that communities need to come together and share responsibility, and that the administration of the educational facilities need to become more aware of their need to participate in resolving problems related to the student population. She asked that the Board send a message to the educational facilities requesting financial support for public safety matters.

 Marcia Fort, City of Ithaca, spoke in support of the restoration of the Tompkins County Human Rights Commission budget to the 2002 level.  She spoke of the good work the office has done and referenced the booklet, Universal Declaration of Human Rights, that was developed for student and community educational purposes by the agency.  She said the need for the office is great and that funding is necessary to support such cases as the July 8 hate crime that occurred.

 Leonardo Vargas-Mendez, Latino Civic Association of Tompkins County, spoke in support of the Tompkins County Human Rights Commission and requested continued support.  He said the office has played an important role maintaining democratic rights and processes in the County.  He expressed the importance to individuals not speaking English to know what their rights are.

 Joyce Muchan, Human Rights Commission, spoke of her background and how she is shocked that a cut was made without a full review of information about cases and individuals served; people are voting against human rights.  She said she understands there is a difficult process to determine budget reductions but feels it is imperative that the work being done needs to be looked at.  She said that the budget cut would require the office to close if the funding is not reinstated.

 Robert Skates, Human Rights Commission Chair, spoke of his belief that the decision to cut funding was based upon misleading information that alternative revenue sources could be found.  He said the office cannot solicit funding and that funding from the Federal government is only in the event their office is requested to handle a case.  He stated without staffing, they cannot handle cases and therefore, would not be eligible to seek to have the $250 to $500 per case provided.  In order to reach the level of funding that has been cut it would require approximately 20,000 cases of human rights violations.  Next, he expressed his concern of the present homeland security issues.  He feels that this could have the potential to infringe upon the human rights of individuals and that without the office many people will have rights violated.  He feels that if the County does not support the Human Rights Commission it is allowing the support of homeland security at the expense of individual human rights.

 Audrey Cooper, Multicultural Resource Center Director, asked the Board to restore the Human Rights Commission budget to the 2002 level.  She spoke of individuals who have issues of racism, sexism, employment problems, and that she refers numerous individuals to the Human Rights Commission.  She said they are treated with a respect that they can not find elsewhere.  She asked for the common good of all to restore the budget and not allow it to be cut.

 Ray Schlather, City of Ithaca, spoke of the budget cut and the difficulty to choose between programs and taxes.  He encouraged the Board to look at programs for their merits rather than strictly  financial considerations.  He expressed his opinion that the present situation is due to a variety of factors beyond local control: Medicaid gap being caused by local economy and politics; the pension contribution is a result of the declining stock market.  He suggested the Board consider measures such as Broome County and increase the sales tax by one percent to help offset expenses.  He said although it is still an increase it is less than it would be as a real property tax and the burden would be shared more equitably.

 Martha Ferger, Dryden, spoke in support of a proposed resolution regarding the threat of war with Iraq.  She expressed concern regarding potential loss of lives for both America and Iraq.  She feels the cost of war will filter down to the County level and the budget demands will increase.  She also feels the Senators and Representatives are not going to take a firm stance and the County could voice concern due to the future financial health that the war is not desired.

 William Gibson, Town of Ithaca, spoke of his support for a resolution against war in Iraq.  He does not feel there is a moral, rational, or legal justification for going ahead with a pre-emptive attack on Iraq.  He said war is evil and can only be justified when it is the lesser of two evils.  He noted Saddam’s actual and potential power is at most a small fraction of what the United States can or will do.  He feels  Saddam has knowledge that if he were to use weapons against others the consequences would be overwhelming; however, if we were to carry out a pre-emptive strike the likelihood of his using weapons he may have would be great.  He feels we need to listen to the opinion of the rest of the world, and in particular, the Muslim individuals.  A preemptive strike would violate and contradict international agreements and law.  Might does not make right.  He also agrees a war would consume finances and resources better used for justice, peace, and care.

 Linda Holzbaur, Ithaca, spoke in favor of a resolution against a war in Iraq and asked the Board  to take a heroic stance and speak out against it.  She said the government spends over four hundred billion dollars a year on the military and that a war in Iraq will initially cost an additional fifty billion.  She stated war is paid for by the poor, by loss of services, destruction of an infrastructure, and with lives.

 Will Burbank, Town of Ithaca, spoke of a profound concern that we are on the verge of a calamity from which there is no return.  He feels the Board is uniquely positioned to do something about it.  He said the present budget situation is in part due to situations outside of the control of the Board; however, there now exists a situation where the Federal government is proposing to do something that will dramatically effect our national economy and put a strain on many services.  He urged the Board to act tonight to send a message and act upon the proposed resolution against Iraq.

 David Galezo, City of Ithaca, said he is the Chairman of the Green Party, and spoke to the Board regarding the proposed resolution against war in Iraq.  He feels if the matter is urgent enough, has strong backing, or is useful to do so, and could remedy a blockage in the democracy of the system, the County level is appropriate to weigh in on a Federal issue.  He feels it has tremendous backing in Tompkins County and would spark citizenship and create debate.  He said he believes that the Board needs to review the four criteria and if they find them to be true pass the resolution.

 Cris McConkey, Trumansburg, said he speaks for himself, his family, and some of his neighbors in support of a county resolution opposing war on Iraq.  He recommended that the representatives read the article in the current issue of Harpers magazine on the history of the Cheny plan, i.e., absolute United States domination of world affairs.  He believes that a true multi-lateral approach is absolutely necessary.  He finds the given course that the administration is taking us to be extremely dangerous for peace, stability, and global justice.

 Andrea White, Ithaca, said she was glad that students were in attendance at the meeting to witness government in action.  She said there is a draft bill presently in Congress that if passed, will require young adults to enlist in the military.  She expressed the fact that she is upset by this potential and asked the resolution be passed against the war in Iraq so that the Federal government knows individuals in Tompkins County are against it.

 Thomas Buck, Human Rights Commission, spoke of basic human rights and how they effect everyone.  He said that ageism, racism, sexism, homophobia, etc. affect many friends, family, co-workers, children.  He particularly asked that the Board understand that dealing with problems of discrimination of the elderly is also dealt with at the Human Rights Commission.

 Herb Crispell, Town of Slaterville, said he feels too many special-interest groups are honored in the County.  He feels the Department of Social Services, Library, and Old Jail buildings are ways money has been wasted.  He has run his agriculture business for fifty years and has the potential of losing it due to cuts in prices, causing his income to drop from $17.50/hundred around June 2001 to $10.50/hundred this June.  He feels rather than a twenty percent increase the County should have a ten percent decrease and eliminate positions, medical benefits, etc.  He asked that the Board do whatever is necessary to eliminate increases.  He also said if agriculture fails, the failure will eventually filter to other areas of the economy as well.

 Antoinette Chensey, spoke in support of the resolution opposing war in Iraq.  She said one thing that occurred following September 11 was that many individuals started speaking to each other and barriers were crossed.  She feels if the resolution were passed that it would again create an atmosphere that would open the lines of communication.

Privilege of the Floor by Board Members

 Ms. Blanchard, District No. 2 Representative, reminded individuals of the United Way campaign and asked that people attempt to dig deeper with contributions this year.  She reported Bob Nicholas, Airport Manager, will be preparing a report that will highlight various methods used to encourage improved air service.  This will respond to a letter to the editor in The Ithaca Journal that suggested a lack of effort.  This report will also be submitted to the newspaper for their information.

 Ms. Robertson, District No. 13 Representative, thanked individuals for attending the meeting and said it was quite moving to listen to all.  She noted it is a difficult job to serve constituents and that she appreciates the input provided.

Ms. Robertson said she will request a resolution be added to the agenda concerning the possibility of a unilateral strike on Iraq.  She wanted to discuss this matter at this time in the event enough votes were not obtained to add the resolution to this meeting’s agenda.  She said if it did not succeed at this meeting she will bring it forth again at the next meeting.  She expressed concern if the resolution were not added that Congress may make a determination on this issue prior to the next Board meeting. She feels it is time to make our voice heard, and said she disagrees with the statement that Federal representatives are not listening.  She has spoken to Senator Clinton’s office who indicated that she would like the President to make a better case before she makes a determination, and Senator Schumer’s office noted much the same response.  She provided telephone numbers for Senators Clinton and Schumer and said she has other numbers available if individuals would like to contact her.  She also provided website addresses for the Senate and White House for those who would like to contact them directly.

Ms. Robertson felt the issue is worthy of discussion and voting on.  She said eleven and one-half percent of the 2002 County budget, almost twelve million dollars, was spent on public safety.  She feels the issue of war is a public safety issue and expressed a concern for safety of individuals who would be involved in a military conflict.  She said paying for services is a responsibility of the Board and that if a war were unilaterally pursued the cost of it, and the subsequent rehabilitation and occupation of Iraq, would be exorbitant.  She said Federal and State dollars are sent to the County to reimburse the cost of many of our programs and a war would further reduce the revenue received.

She thanked everyone who spoke and her colleagues for considering the resolution and again expressed concern that a delay would prevent the County’s opinion from being heard before the Senate and Congress vote on this issue.

Representative Proto, District No. 7 Representative, reminded members of a workshop being sponsored by the Water Resources Council concerning storm water and the impact of construction on water and land.  This meeting will take place on October 15, 2002 at the Cayuga Heights Fire Department and recommended members be present at 9:00 a.m. for an interesting part of the presentation.

Representative Booth, District No. 3 Representative, said Mr. Schlather’s remarks highlighted a very important point, that is, the essential difference between real estate and sales taxes.  He said real estate taxes are highly regressive and fall most heavily on those not able to absorb the increase, and noted renters absorb this cost through their rent.  He feels if there is a way to have Albany expand the base for the real estate tax, including some properties presently exempted, it would be a good move.

Representative Penniman, District No. 15 Representative, provided information on the recent New York State Association of Counties (NYSAC) conference he attended in Rochester.  He said a great deal of information was available for attendees.  A resolution was passed requesting that Medicaid be capped at the current level and said it was the consensus that this was a realistic compromise and perhaps the State could incrementally take over this burden in the future.  He also reported a resolution was passed calling on State leaders to not shift the cost of Family Health Plus to county taxpayers, as well as a resolution concerning the Early Intervention Program and rejecting the Governor’s proposal in favor of the County proposal.  Mr. Penniman said the issue of raising income tax as a means of supporting counties did not make it through the committee level.  It was viewed by downstate counties where the income levels are higher, that they would bear a bigger burden, and there was concern of making it a political issue during this election period.  Another option extensively discussed was the pursuit of additional Federal aid to fund Medicaid and he will bring this discussion to the Budget and Capital Committee.  He said there is a bill passed by the Senate and now in the House supporting an increase in assistance to New York State for Medicaid costs.  Mr. Penniman feels he could support requesting the Federal government on the issue of Medicaid as it has a direct bearing on the County.  He reported the State fiscal situation continues to look bleak and the estimated deficit for next year’s State budget appears to be six to ten billion dollars based on current levels of revenue and spending.  He said a positive item discussed was that NYSAC is considering regional meetings with State legislators to involve all parties.

Representative Kiefer, District No. 10 Representative, reported the Ethics Advisory Board will meet on Thursday, October 10, 2002 at 9:15 a.m. and will continue deliberations on complaints received.  She advised members of a hand-out provided on the Tompkins County Public Library solar electric power system.  The web site for accessing this information is www.powerlight.com.  She reported in conjunction with a national tour of solar buildings there will be a green building tour in Tompkins County October 5, 2002, from 10:00 a.m. to 4:00 p.m., starting at the Tompkins County Public library and will tour several different homes.  She said the New York State Energy Research and Development Authority in connection with New York Energy Smart Program has a plan to award to fifty school districts within the state this year $20,000 solar electric photovoltaic systems with a maximum  cost to the school district of $1,500.  This will include weather instrumentation, recording equipment for output, and on-going maintenance through June, 2006.  The deadline for applying for this grant called School Power…… Naturally is October 11, 2002.

Ms. Kiefer spoke of the proposed resolution regarding Iraq, stating that she feels this is one instance where it was appropriate for the County to speak out regarding a Federal decision.  She expressed concern over the direction the Executive branch and Congress is moving.  She feels to have a pre-emptive strike would be against our historic way of dealing with things, using diplomacy and seeking collaboration.  She said containment of Iraq has worked in the past and has prevented the kind of war a pre-emptive strike would create.  She said the possibility of the area being destabilized would be horrific to imagine and that she had heard a broadcaster state that although Saddam is homicidal, he is not suicidal; and she does not believe he will attack the United States.  If attacked, she believes that Saddam will retaliate with whatever he has and this would be a disaster.  Ms. Kiefer does not believe there is a legal right for the government to do this, and is not part of the United Nations Charter to which we adhere, nor have we been requested to do so by them.  She said she hopes the resolution is added and she will support it; if it is not added she urges individuals to contact representatives in Washington.

 Representative Lane, District No. 14 Representative, spoke of his pleasure that Tompkins County allows privilege of the floor to the public and fellow Board members.  He then offered congratulations to The Ithaca Journal reporter, Dan Higgins, on his upcoming wedding.

 Representative Herrera, District No. 5 Representative, announced the American Association of University Women will be sponsoring a workshop on October 26, 2002 to assist women to take direction of their future through education at Tompkins Cortland Community College.  There will be scholarships available as well as day care.  Ms. Herrera said she would support the resolution opposing unilateral war  for many of the reasons already expressed by others.

 Representative McBean, District No. 2 Representative, said that she is looking at the possible pre-emptive strike and its ramifications from a different angle.  She said she thinks about how many individuals could receive a college education, how many programs or positions could be saved, and how funds could be shifted to provide the funds needed to maintain the Human Services Coalition as it is a much needed service in our community.  On a personal level she thinks of family and friends who potentially would be directly involved in a military action.  She thinks of the homeless, and people’s rights and how the funds could be used to fulfill the basic human sustainable needs of those in the County and the country.  She asked that on a more global level, human rights be thought of, saying we violate the rights of those residing across the seas.  She feels the hate crimes that have occurred in the community are not acceptable and we need to equip people with opportunities, places, and avenues to discuss, deal, and resolve these issues.

 Representative Schuler, District No. 4 Representative, reported she attended three celebrations this past week. The first was the Alcoholism and Drug Council Annual Dinner and Gala, where awards were presented to Jim Kendella of Oasis, for years of dedication; to Casey Stevens for his recognition of efforts; and to staff members.  The second was the new Advocacy Center, previously known as the Task Force for Battered Women, twenty-fifth anniversary, and child sexual abuse project’s twentieth anniversary.  The third was the Family Treatment Court graduation, attended by eight other colleagues.  She said that attending these functions and realizing the wonderful work done by the community to assist families provided her with a sense of pride.  She expressed her appreciation for the wonderful poem presented tonight.

 She then expressed her opinion that she feels that the proposed resolution regarding the war in Iraq would effect our families, friends, and community and as such is within the Board’s jurisdiction.

 Representative Proto, District No. 7, wanted to inform individuals that the City of Ithaca School District tax bills were in mailboxes and included the $20/1,000 increase.

Report from a Municipal Official

 No municipal official was in attendance.

Presentation – Alternatives to Incarceration Program

 Kathy Leinthall provided copies of a report that had been previously presented to the Health and Human Services and the Public Safety Committees.  She said the Felony Drug Court Program was initially started in April 2002 following the success of the City Drug Court.  During the period of April, 2000 – February, 2002 there have been 44 clients.  To date, there have been nine successful graduations with no new convictions; an additional six individuals are scheduled to graduate October 16, 2002.  Ms. Leinthall said the court is set up to work with individuals who have substance abuse and addition problems, including alcohol and alcohol-related offenses.  All participants of the Felony Drug Court program were facing a certain period of incarceration as a result of the offense.  She introduced Judge John Sherman who is the County Court Judge in charge of the Felony Drug Court Program.

 Judge Sherman said he started this program as a result of reviewing the information of two young men who had plead guilty to charges, facing two and a half years of State prison time.  He felt that they would be better served if the situation were treated as the City’s Drug Court, to treat the cause rather than simply hand out punishment.  Since then approximately 44 individuals have gone through the program, each with a potential sentence of one year or more in jail.  He said that there have been failures, approximately nine or ten individuals who did not succeed through the program and of these, half are in state prison, with the other half incarcerated locally.  He feels that the program has made him a better judge.  He spoke of the initial two participants in the program and that they would just now be in the process of being released from jail.  Instead, both graduated, turned their lives around and are making something of themselves.  He then offered to meet with any member of the Board further about the program and its merits.

 Ms. Leinthall reviewed statistics of the participants of this program, noting that there were many positive results such as education, employment, community service, and maintenance of a parental role.

 She next discussed Day Reporting, a program through the Probation Department that allows individuals to remain outside the boundaries of incarceration.  She said only the judge may determine to place an individual in this program and that it is a very intensive program that provides structure and special services to participants.  Ms. Leinthall said that the proposed budget for 2003 has eliminated three positions within this program.

 Next, Ms. Dolan, Commissioner of Social Services, spoke of the Family Treatment Court established in April 2001, as the first rural program approved by the State.  A review of statistics indicated approximately seventy-five percent of all child-abuse reports involved substance/alcohol abuse as a contributing factor.  In the period since Tompkins County was approved for this the level of participation is high in comparison to other similar communities.  She spoke of meeting the needs of individuals in a positive manner, involving them with critical decisions regarding their families and children’s future.  There is coordination of services, addressing the service needs of everyone within the household.  Monitoring of drug usage and sobriety are done several times during the week.  She spoke of the ability to seek out alternative housing for children with extended-family members, monitoring of families where the children are able to remain within their household, the saving of funds by providing these alternatives when compared to an adoption subsidy.  Ms. Dolan said information is being reviewed in order to provide statistical information of the program in order to determine which families the program works well for and which it does not as well.  Ms. Dolan then provided information on State funding received and anticipated for the operation of this program in the amount of approximately $400,000.

 Kathy Schlather spoke to the Board about the written report submitted and noted that since the program had not been existence for any length of time that it would not be appropriate to provide outcomes.  She provided information on the type of client served, level of service, and information relevant at this time as well as information on programs in other areas of the country that would show potential outcomes.  The rate of recidivism is low and is closely correlated to the length of time in the program.  She indicated that the data collected will be refined over a period of time in order to provide information to refine the program itself.

 Mr. Proto asked that the definition of a non-violent crime be provided for the entire Board.  He noted surprise at what falls under this definition.  Ms. Leinthall explained that a violent act may not be considered a violent crime.  Some charges that might fall into this category are sexual offenses, assaults, or burglaries during the day.  She said if it was violent that the individual charged may be required to have a split sentence of a period of time incarcerated with subsequent probation.

 Ms. Robertson inquired if the presenters felt the court programs are in any way responsible for the decrease in numbers of people in our jail.  Judge Sherman said to a degree he feels they are helping since the participants would normally be incarcerated.  He also said there is also a cost savings involved due to lack of assigned counsel costs.

 Ms. Leinthall said the Criminal Justice/Alternatives to Incarceration Board has worked to put together pieces to develop the sanctions and that they are now all working together.  She feels it is difficult to tell which particular area is the key and believes it may be a combination of all the options working together.

Presentation by the Human Rights Commission

 Ms. Martel-Moore provided Board members with a written report with information on the Mission Statement, areas of law covered, and the actual process.  She indicated that contrary to what some Board members might think, Tompkins County is not the only county with their own Human Rights Commission office. She said there are eleven counties, nine cities, and one village, that have paid human rights commission staff.  She then explained how cases are handled, indicating that they are either walk-ins or referrals to the office as they do not solicit clients.  Each case is reviewed for its merit and every attempt is made to resolve the case in a mediation setting when possible.  She summarized the various inquiries made over the last two years, highlighting areas she sees of concern in the County such as racism, unfair treatment of the disabled, and those on worker’s compensation.

 Ms. Martel-Moore discussed how payments are received for the variety of cases handled.  She said that there often are cases that are totally put together by the local office with no payment received.  For other cases the office may receive a nominal fee or percentage of funds paid to another agency the case was assigned to.  A standard $50 per case fee is received for the initial intake work.

Chair's Report and Appointment(s)

 Mr. Joseph reported that at the New York State Association of Counties (NYSAC) fall meeting Mr. Gerald Benjamin, political science professor at State University of New York at New Paltz, was the featured speaker.  Mr. Joseph found Mr. Benjamin’s speech very interesting, noting it assisted in clarifying the situations faced by counties.  Mr. Benjamin had said the counties are schizophrenic in nature, simultaneously branches of the State government and an independent local government and much of the confusion is due to the mixing of these two roles.  As an entity required to carry out the wishes of the State through mandates we serve one function, however we do not receive funding to do so and are required to come up with a way to pay it.  We also act as an independent local government with responsibility to carry out the programs we choose to carry out and raise funds for.  What is occurring this year, as well as past, is that we are required to carry out the function of being a State branch and increase the time, effort, and funding being spent and because of this must decrease the programs, and funding areas, that we would like to do.  Mr. Benjamin suggested that it be determined what is State responsibility and what is local and, once determined, have each take care of their own areas.

 Another area discussed at the conference was the reinstatement of sales tax.  When a potential increase in sales tax was suggested as a way to increase revenue and more evenly spread the burden out it had been believed that the County could not increase this amount. However, at the present time there is an interest in many counties to do this and several are presently moving ahead with the proposal.  Broome County has spoken to the Governor’s office as well as their Senators and Representatives about this being a viable way to relieve some of the burden from property owners.  Mr. Joseph said discussions he has had with other administrators indicate that there is an apparent level of support to this idea from many areas including senior citizens who perceive this as much easier to control than a large bill.  He said a one percent increase would bring in approximately 5.3 million dollars annually and while unlikely to be able to start on January 1, 2003, could bring in 2.6 million dollars if in place by June 1, 2003.

Mr. Lane said no matter what type of tax it is it would hit the low-income individuals the hardest.  He felt that the elimination of sales tax on clothing and shoes was popular and that it is those with limited income that benefited greatly.  Mr. Joseph said while sales tax would be a regressive tax that the exclusion of food, medicines, clothing, and shoes make it less regressive.

Mr. Booth inquired about a time frame for a sales tax increase to take place.  Mr. Joseph said it should be approximately June 1, 2003.

Mr. Proto inquired whether contiguous counties were contemplating a reinstatement of the tax on clothing and shoes.  Mr. Joseph said that while an increase was being considered counties were hesitant to openly speak out about their considerations.  Mr. Proto then spoke of a previous proposal made by the State to take over the Medicaid bill if provided one percent of the sales tax.  At the time it was not in the County’s favor to do so.

Withdrawal of Appointment

 Mr. Joseph received an inquiry of the ability of Mr. Nathan Carlisle to serve on the Workforce Development Board as he is a not a resident of Tompkins County.  Mr. Joseph asked the County Attorney, Mr. Wood, to investigate the matter and subsequently withdrew the appointment pending the outcome.  Mr. Lane indicated this is a reappointment and is made to fill out the business representative slot as outlined in the Federal guidelines.

Appointment(s)

 Mr. Joseph made the following appointment(s)

 Workforce Development Board
 Lisa Patz: Term expires June 30, 2004
 Martha Turnbull: Term expires June 30, 2005

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

RESOLUTION NO. 232 - TOMPKINS CORTLAND COMMUNITY COLLEGE CAMPUS MASTER PLAN – DESIGN OF ATHLETIC FACILITY

 MOVED by Mr. Penniman, seconded by Ms. Robertson, and unanimously adopted by voice vote.  Mr. Penniman noted it does not commit the County to funding at the present time and will be revisited in several years.  At that time it should be approximately $300,000 per year debt service, with Tompkins County’s share of approximately $192,000 in 2006.

WHEREAS, Tompkins Cortland Community College completed a master plan study in September 2001 that addressed space requirements and needs of the campus, and
WHEREAS, this study was formally approved by the Tompkins County Board of Representatives on November 7, 2001 via Resolution No. 250, and
WHEREAS, the sequencing of the projects requires that the construction of an athletic facility and the movement of functions from the current building into the athletic facility be complete before the current building can be modified to accommodate expanding and changing academic programs, and
WHEREAS, the State University of New York recognizes the immediate need for the athletic facility and has indicated a willingness to make funds available for the design of this facility in anticipation of future funding for its construction, and
WHEREAS, the College and the sponsoring counties recognize that considerable time will be saved toward attaining occupancy of said facility by designing the facility in advance of receiving funding for construction, and
WHEREAS, the design cost, estimated to be $540,000, would be accommodated with $270,000 in State funds and $270,000 from the College’s out-of-county capital chargeback account, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Board of Representatives authorizes the expenditure of $540,000 as stated above for the design of the athletic facility, contingent upon approval by the Cortland County Legislature, with the understanding that there will be no requirement for funding of the design phase on the part of Tompkins County or Cortland County.
SEQR ACTION:  TYPE II-20

Recess

 Chair Joseph declared recess at 8:15 p.m.  The meeting reconvened at 8:19 p.m.

Report from the County Administrator

 There was no report from the County Administrator.

Report from the County Attorney

 There was no report from the County Attorney.

Report from the Finance Director

 There was no report from the Finance Director.

 Report from Planning Commissioner

 Mr. Marx, Planning Commissioner, notified Board members that the Planning Department has begun the process of developing the County Comprehensive Plan.  This plan will take approximately two years to complete and will be seeking the input of municipalities and the general public.  Letters have been sent to municipalities requesting that they appoint a representative to sit on a municipal advisory committee.  Mr. Marx said that public input meetings are scheduled to take place as follows:  October 22, 2002, at the Human Services Building, October 29, 2002, in Dryden, November 7, 2002, in Jacksonville, and November 14, 2002, in Danby.

 Mr. Marx then notified the Board of receipt of the Community Development Block Grant for $600,000, which provides funding assistance for individuals through the Homeownership Program.  This is the sixth year that the County has been awarded the grant.  To date 174 families have been helped, and we have just expended the last of the fifth-round grant funds.

Withdrawal of Resolution(s) from the Agenda

 Chair Joseph gave Ms. Kiefer, Chair of the Planning Committee, permission to withdraw the following resolutions:

· Denying Authorization for Oil and Gas Exploration on County Property at Hillview Landfill
· Denying Authorization for Oil and Gas Exploration on County Property at Caswell Landfill

Addition of Resolution(s) to the Agenda

 It was MOVED by Ms. Robertson, seconded by Ms. Kiefer to add the resolution entitled Urging Opposition to a Preemptive and Unilateral Strike on Iraq.

Mr. Penniman said he supports the statement but does not feel that the Board is the appropriate body to make it.  Recognizing it would require a two-thirds majority vote he would not block it.   Ms. Robertson thanked him and expressed her belief that the resolution should be presented for consideration at this meeting as a decision by the United States Senate and Congress may occur prior to the next Board meeting.  She noted that other municipalities were preparing similar resolutions and felt that it would encourage other groups to speak out.  Mr. Totman indicated he is in opposition to the resolution being added as he does not like to consider resolutions without having seen them prior to the meeting.  He also felt it was inappropriate for the County Board to participate in the foreign affairs process.  Ms. Blanchard said she was against adding the resolution and felt that it would be more appropriate for the Board to work together as with other resolutions to develop a resolution that would indicate a consensus.  A voice vote resulted as follows:  Ayes – 8 (Representatives Herrera, Koplinka-Loehr, McBean, Robertson, Penniman, Kiefer, Schuler, and Joseph), Noes – 7 (Representatives Blanchard, Booth, Totman, Todd, Lane, Proto, and Winch).  MOTION FAILED.

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

RESOLUTION NO. 233 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS

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

 RESOLVED, on recommendation of the Economic and Workforce Development, Health and Human Services, Public Safety, and Public Works Committees, That the Director of Finance be directed to make the following budget adjustments on his books:

ECONOMIC AND WORKFORCE DEVELOPMENT COMMITTEE

Workforce Development (#60)
Revenue Acct  Title   Amt  Approp Acct Title(s) __________
6290.44790  Federal Aid    $     500.00 6290.54303 Office Supplies
6290.44790  Federal Aid    $     500.00  6290.54452 Postage
6290.44790  Federal Aid    $     335.00 6290.52230 Computer Software
6290.44790  Federal Aid    $       50.00 6290.54416 Membership Dues
6290.44790  Federal Aid    $     500.00  6290.54342 Food
6290.44790  Federal Aid    $  1,995.50 6290.51000 Salaries
Explanation:  Supplemental allocation of Program Year 2000 Dislocated Worker funds.

Office of Employment and Training (#61)
Revenue Acct  Title   Amt  Approp Acct Title(s) __________
6292.44790  Federal Aid    $  1,000.00 6292.54303 Office Supplies
6292.44790  Federal Aid    $     500.00  6292.54354 Food
6292.44790  Federal Aid    $33,424.50 6292.54400 Program Expense
Explanation:  Supplemental allocation of Program Year 2000 Dislocated Worker funds.

HEALTH AND HUMAN SERVICES COMMITTEE

Office for the Aging (#63)
Revenue Acct  Title   Amt  Approp Acct Title(s) ______
6796.42801  Interfund Revenue $2,897.37 6796.51000517  Salary
Explanation:  To accommodate county accounting procedures.

Office for the Aging (#57)
Revenue Acct  Title    Amt  Approp Acct Title(s) ______
6778.41972  Charges Program for Aging $446  6778.51000517  Salary
6778.41972  Charges Program for Aging $116  6778.58800      Fringes
6778.41972  Charges Program for Aging $300  6778.54330        Printing
6778.41972  Charges Program for Aging $100  6778.54414       Local Mileage
6778.41972  Charges Program for Aging $351  6778.54452     Postage
6778.41972  Charges Program for Aging $300  6778.54472       Telephone
Explanation:  Additional contract monies in HEAP to cover salary, fringes, printing, local mileage, postage, and telephone rather than from local dollars.

Office for the Aging (#56)
Revenue Acct  Title    Amt  Approp Acct Title(s) ______
6781.44772  Federal Revenue  $262  6781.54414 Local Mileage
Explanation:  Revenue increase permits increase in mileage for Aging Services Specialist and Project Assistant for Title III-E (Project Care).

PUBLIC SAFETY COMMITTEE

Sheriff (#58)
Revenue Acct  Title    Amt  Approp Acct Title(s) ______
3113.42801  Interfund Revenue  $129,459 3113.51000419  Salary
3113.42801  Interfund Revenue  $    1,652 3113.51200419  Shift Pay
3113.42801  Interfund Revenue  $  34,089 3113.58800  Fringes
Explanation:  To cover the costs of airport security for the period of May 10, 2002 to December 31, 2002.  A transfer of funds between payroll lines will occur at the end of 2002.

PUBLIC WORKS COMMITTEE

Airport (#59)
Revenue Acct  Title    Amt  Approp Acct Title(s) ______
CT5610.44392  Airport Security/TSA  $165,200 5610.54442 Professional
Services
Explanation:  To cover costs of airport security for the period of May 10, 2002 to December 31, 2002 (236 days at $700/day).
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 234 - AUTHORIZATION FOR EARLY RETIREMENT – SOLID WASTE

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

WHEREAS, the Tompkins County Board of Representatives authorized participation in the 2002 Early Retirement Incentive Program, and
WHEREAS, the following individual is eligible and has voluntarily chosen to retire during the open period:
Lynn Leopold, Solid Waste – .6 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, a savings plan as required by the New York State Retirement System was submitted describing the following methods of saving funds:
The Recycling Specialist intends to retire effective December 31, 2002.  Solid Waste intends to
hire a .3 FTE for up to two years and reassign tasks within the Division for an indefinite period
, and
WHEREAS, such plan was reviewed and recommended by the County Administrator, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That Lynn Leopold 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

RESOLUTION NO. 235 - INCREASE OF HOURS FOR ONE WEIGH-SCALE OPERATOR – SOLID WASTE DIVISION

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

WHEREAS, Resolution No. 4 of 1997 created one position of Weigh-Scale Operator, labor grade (G) 7, for 20.0 hours per week effective January 8, 1997, and
WHEREAS, the department will save $4,300.00 per year in overtime for other employees by increasing the hours of one scale operator from 20.0 hours to 30.0 hours per week, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That one position of Weigh Scale Operator, labor grade (G) 7, is hereby increased from 20.0 hours to 30.0 hours as of October 1, 2002,
RESOLVED, further, That no additional funding is needed.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 236 -  AWARD OF BID – RUNWAY SANDER TRUCK WITH PLOW (AIP PROJECT NO. 3-36-0047-39-02) - ITHACA TOMPKINS REGIONAL AIRPORT

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

WHEREAS, the Finance Department has duly advertised for bids to purchase a Runway Sander Truck with Plow for use at the Ithaca Tompkins Regional Airport, and
WHEREAS, three (3) bids were received and upon review the two low bids were rejected because each of said bids included many deviations from the bid specifications and were deemed unacceptable, and
WHEREAS, the reasons for rejection of the two low bids were reviewed by the County Attorney and were deemed valid and legal and the Federal Aviation Administration (FAA) concurred with this finding, and
WHEREAS, a grant offer covering 90 percent of the costs associated with purchase of said Sander Truck with Plow has been received from the FAA, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That subject to a grant being received from the New York State Department of Transportation (NYSDOT), the bid be awarded to Gorman Enterprises of Elma, New York, as the lowest responsible bidder with a bid of $144,956.00,
RESOLVED, further, That the budget for the Sander Truck with Plow is as follows:

FAA Share                                               (90.0%)                $ 130,460.00
NYSDOT Share                                       (  5.0%)                $     7,248.00
Local Share (Airport Operating Budget) (  5.0%)                $     7,248.00

TOTAL                                                                                 $ 144,956.00

RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with Gorman Enterprises and with the FAA and NYSDOT when said grant offers are received,
SEQR ACTION: TYPE II-25

RESOLUTION NO. 237 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO PURCHASE ELECTRONIC FINGERPRINT SYSTEM (AIP PROJECT NO. 3-36-0047-40-02) – ITHACA TOMPKINS REGIONAL AIRPORT

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

WHEREAS, the County has received a grant offer from the Federal Aviation Authority (FAA) in the amount of $25,191.00 to purchase an Electronic Fingerprint System which will facilitate compliance with a mandate from the Transportation Security Administration (TSA) to fingerprint all current and future airport employees, and
WHEREAS, the budget for this item is as follows:
     FAA Share       (100.0%)     Account No. HT 5601.44592      $  25,191.00
     NYSDOT Share(  0.0%)     Account No. HT 5601.43592       $           0.00
     Local Share       (  0.0%)     Account No. HT 5601.45031       $           0.00
     Total                                                                                          $  25,191.00
, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the grant offer from the FAA of $ 25,191.00 be and hereby is accepted and that the County Administrator is authorized to execute the required documents.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 238 - AWARD OF BID – ELECTRONIC FINGERPRINT SYSTEM (AIP PROJECT NO. 3-36-0047-40-02) -  ITHACA TOMPKINS REGIONAL AIRPORT

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

WHEREAS, the Finance Department has duly advertised for bids to purchase an Electronic Fingerprint System for use at the Ithaca Tompkins Regional Airport, and
WHEREAS, three (3) bids were received and Crossmatch Technologies, Inc., of Palm Beach Garden, Florida, was the lowest responsible bidder meeting bid specifications, and
WHEREAS, a grant offer covering 100 percent of the costs associated with purchase of said Electronic Fingerprint System has been received from the Federal Aviation Administration (FAA), now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the bid be awarded to Crossmatch Technologies, Inc., as the lowest responsible bidder with a bid of $23,190.50,
RESOLVED, further, That the budget for the Electronic Fingerprint System is as follows:

FAA Share                                               (100.0%)                $ 23,190.50
NYSDOT Share                                       (  0.0%)                  $          0.00
Local Share (Airport Operating Budget) (  0.0%)                  $          0.00
TOTAL                                                                                 $   23,190.50
RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with Crossmatch Technologies, Inc., and with the FAA when said grant offer is received.
SEQR ACTION: TYPE II-25

Appointments Approved Under the Consent Agenda

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

Planning Advisory Board

Fernando deAragon – Transportation Seat Representative; term to expire December 31, 2005
John C. Gutenberger – Education #2 Representative; term to expire December 31, 2005
Scott Whittam – Cultural/Historic Preservation Representative; term to expire December 31, 2004
Daniel W. Krall – Built Environment Design Representative; term to expire December 31, 2004
Herbert J. Engman – Natural Environment Representative; term to expire December 31, 2004
Michael Stamm – Economic Development Representative; term to expire December 31, 2005
Linda A. Hirvonon – At-Large Representative; term to expire December 31, 2005
Fred T. Wilcox, III – Local Planning – Urban Representative; term to expire December 31, 2004

Presentation of Resolution from the Government Operations Committee

 Mr. Koplinka-Loehr said he did not have a report.

Report from the Planning Committee

 Ms. Kiefer, Chair, reported the Committee met September 19, 2002.  Recommendations from the Water Resource Council’s (WRC) on two-cycle engines, jet skis, etc., have been delayed a month.  We discussed and accepted the WRC’s effectiveness report; we discussed the Planning Department’s newsletter and the resolutions presented regarding the snowmobile trail grant.  Ms. Kiefer noted that the snowmobile trail grants do not have any funding built in for the Planning Department time spent in preparing and managing the application.  She reported that the State Environmental Quality Review forms are being looked at for revision:  the Environmental Management Council is reviewing the TYPE I list to determine if there are any thresholds that may be appropriately adjusted, and the Planning Dpartment is reviewing the actual forms to see if they can be made more useful in the County.  The Committee accepted the two model leases that allow drilling, one for surface occupancy, and one without surface occupancy, then acted upon requests for oil and gas leases on County property. The Committee voted to deny exploration at the Caswell and Hillview landfill sites but to allow negotiations for the Newfield site.    The Planning Department will be sponsoring State Environmental Quality Review training on October 23 and 24, 2002.  The Department of Environmental Conservation and the Department of State will be in attendance to provide presentations.  Ms. Blanchard inquired if the review of State Environmental Quality Review forms will assist in specifying what appropriate State Environmental Quality Review actions be taken when dealing with an Industrial Development Agency bonding issue.  Ms. Kiefer said at this time they had not discussed it but it would be discussed at a Special Planning Committee meeting the following morning.

RESOLUTION NO. 239  - ACCEPTANCE OF SMALL CITIES GRANT – HOMEOWNERSHIP VI

 MOVED by Ms. Kiefer, seconded by Mrs. Schuler.  Mr. Lane said it is very good news to once again receive the funding for the homeownership programs and one of the best things that the County has done.  He commended the Planning Department for their work on this.  Mr. Winch agreed and said some communities do not have this type of program.  He said if individuals are interested they should contact their legislators.  A voice vote on the resolution resulted as follows:  Ayes – 15, Noes – 0.  RESOLUTION ADOPTED.

WHEREAS, the County has been awarded Small Cities Community Development Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development (HUD) administered by New York State for the purpose of continuing its successful existing home mortgage program for first-time homeowners, and
WHEREAS, the Tompkins County Homeownership Program is consistent with Vital Communities Initiative Interim Principles 3b [Promote Choice and Affordability in Housing Options, Protect consumers’ housing options throughout the County by providing a mix of choices (i.e., location, accessibility, housing types, and neighborhood character).], 3c [Provide and maintain more quality affordable housing options for very-low, low, and moderate income residents.], and 3d[Promote increased owner-occupied housing within neighborhoods in the County.], now therefore be it
 RESOLVED, on recommendation of the Planning Committee, That the County hereby accepts Small Cities CDBG funds in the amount of $600,000,
 RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 240 - MAKING A NEGATIVE DECLARATION OF  ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 241 OF 2002

 MOVED by Ms. Kiefer, seconded by Mr. Booth, and unanimously adopted by voice vote.

 WHEREAS, in Resolution No. 241 of 2002 the County establishes the Tompkins County Water Quality Strategy as a guide for County program development and decision-making in the area of water resources management, and
 WHEREAS, the Tompkins County 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 Planning Committee, That Resolution No. 241of 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.241 of 2002.
SEQR ACTION:   TYPE - UNLISTED
(Negative Declaration and short EAF on file in Clerk’s Office)

RESOLUTION NO. 241 –  RESOLUTION TO ADOPT THE REVISED WATER QUALITY STRATEGY DEVELOPED BY THE TOMPKINS COUNTY WATER RESOURCES COUNCIL

 MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote.

WHEREAS, each County in New York State has been asked by the New York State Department of Environmental Conversation and the New York State Soil and Water Conservation Committee to develop, and update every two years, a Water Quality Strategy, and
WHEREAS, in 2002 the Tompkins County Water Resources Council has updated the Tompkins County Water Quality Strategy originally drafted in 1992, and last updated in 1999, and
WHEREAS, the Water Quality Strategy recognizes the importance of other watershed management plans relevant to Tompkins County, such as the Cayuga Lake Watershed Intermunicipal Organization’s Watershed Restoration and Protection Plan, the Upper Susquehanna Watershed Restoration and Protection Strategies, and the Owasco Lake Management Plan, and
WHEREAS, the newly revised version of the Water Quality Strategy integrates the relevant goals of these plans into the Water Quality Strategy, and
WHEREAS, the Water Quality Strategy can be used by local, state, and federal governmental agencies to help understand and determine water resources management priorities in Tompkins County, and
WHEREAS, the Tompkins County Water Resources Council has distributed copies of the draft Water Quality Strategy and hosted a public meeting for public review and comment on the updated Water Quality Strategy, and
WHEREAS, adopting the Water Quality Strategy is consistent with Vital Communities Initiative Interim Principles 4a [Protect Natural Resources, Green Spaces, and Recreational Resources, Preserve and protect open space, unique natural areas, wetlands, water and woodland resources, scenic views, areas of natural beauty, and the rural character of Tompkins County.], 4d [Protect water quality and quantity in the County’s streams, lakes, and groundwater and consider the potential regional impacts on water supply and wastewater management for all proposed developments.], and 4e [Protect the areas where crucial aquifers are replenished and avoid new development in flood-prone areas.], now therefore be it
RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Water Quality Strategy is intended to be used to guide County program development and decision-making in the area of water resources management,
RESOLVED, further, That the Water Quality Strategy be adopted by the Tompkins County Board of Representatives as the Tompkins County Water Quality Strategy.
SEQR ACTION: TYPE – UNLISTED
(Short EAF on file in Clerk’s Office)

RESOLUTION NO. 242 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE IN RELATION TO RESOLUTION NO. 243 OF 2002 (SNOWMOBILE TRAILS FUND GRANT)

 MOVED by Ms. Kiefer, seconded by Mr. Booth, and unanimously adopted by voice vote.

 WHEREAS, in Resolution No. 243 of 2002, the Tompkins County Board of Representatives authorized the Planning Department to sponsor and administer a Snowmobile Trails Fund Grant through the New York State Office of Parks, Recreation, and Historic Preservation, and
 WHEREAS, the Tompkins County Board of Representatives has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, and
 WHEREAS, any future rerouting of a trail shall be subject to a separate State Environmental Quality Review (SEQR) determination, now therefore be it
 RESOLVED, on recommendation of the Planning Committee, That Resolution No. 243 of 2002 is an unlisted action,
 RESOLVED, further, That the Board of Representatives herby makes a Negative Declaration of environmental significance in regard to Resolution No. 243 of 2002.
SEQR ACTION:  TYPE - UNLISTED
(Negative Declaration and Short EAF on file in Clerk’s Office)

RESOLUTION NO. 243 – AUTHORIZATION TO SPONSOR AND ADMINISTER SNOWMOBILE TRAILS FUND GRANT – PLANNING DEPARTMENT

 MOVED by Ms. Kiefer, seconded by Mrs. Schuler, and unanimously adopted by voice vote.

 WHEREAS, New York State Office of Parks, Recreation, and Historic Preservation administers a grant program to encourage local snowmobile club stewardship and development of snowmobile trails in the state, and
 WHEREAS, in order to be eligible for this grant program, a local municipality must agree to sponsor the application and administer the program, which the Tompkins County Planning Department has done for local snowmobile clubs since 1998, and
 WHEREAS, this year, four snowmobile clubs are proposing to maintain 105 miles of existing trails for snowmobile use in Tompkins County, and as part of the grant application, each club prepared a three-year maintenance and capital project plan which has been compiled for a master application, now therefore be it
 RESOLVED, on recommendation of the Planning Committee, That the Planning Department is authorized to sponsor and administer this Snowmobile Trails Fund Grant.
SEQR ACTION:  TYPE – UNLISTED
(Short EAF on file in Clerk’s Office)

 Mr. Proto said he wanted to note that at the last Planning meeting he had inquired about the Agriculture District involved with regard to a resolution concerning real property at the airport.  He noted that Ms. Jayne of the Administration did review this and that the property is not in the Agriculture District.

Report from the Economic and Workforce Development Committee

 Mr. Lane, Chair, said the Committee will meet again on Thursday, October 10, 2002 at 2:00 p.m.  Mr. Proto inquired whether the Industrial Development Agency (IDA) reports to the Economic and Workforce Development Committee.  Mr. Lane said reports are received via Committee members and the Tompkins County Area Development.  Mr. Proto asked if due to budget constraints is there a way to set aside sales tax exemptions for a period of time.  Mr. Lane suggested Mr. Proto attend the next meeting of the Industrial Development Agency on Friday, October 4, at 2:00 p.m. and address the question there.

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

 Mr. Penniman, Chair, said the Committee met the previous week and the main item was discussion of the Tompkins Consolidated Area Transit budget.  He said many members of the Board attended the Public Forum regarding the budget.  Good ideas and questions came out of the meeting.  The next public meeting on the budget is October 30, 2002 at 7:00 p.m. and will be an open mike session.  Mr. Penniman said packets are available outlining the agenda for the Expanded Budget Committee meeting to be held on October 4, 2002.  The package has a summary of all the Program Committee actions as well as recommended changes in funds.

 Mrs. Smithers, Deputy County Administrator, informed members that additions for the budget book and capital project book were in their mailboxes.

 Mr. Booth noted that over-target requests for Tompkins Consolidated Area Transit (TCAT) do not relate to the eighty percent budget scenario in the way other over-target requests are.  They are increases to last year’s budget.  Mrs. Smithers said Tompkins Consolidated Area Transit was excluded from the requested budget scenario in the same manner that Tompkins Cortland Community College was.

RESOLUTION NO. 244 - SCHEDULING A PUBLIC HEARING ON THE 2003 TOMPKINS COUNTY BUDGET AND THE 2003 – 2007 TOMPKINS COUNTY CAPITAL PROGRAM

 MOVED by Mr. Penniman, seconded by Ms. McBean, and unanimously adopted by voice vote.

 WHEREAS, the Tompkins County Budget and the 2003 – 2007 Tompkins County Capital Program are scheduled to be adopted on November 19, 2002, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Tompkins County Board of Representatives at Boynton Middle School at 1601 North Cayuga Street, Ithaca, New York, on November 12, 2002 at 7:00 o’clock in the evening thereof concerning the review of the 2003 Tompkins County Budget and the 2003 – 2007 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 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

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

 Mrs. Schuler, Chair, reported the Committee will meet on Wednesday, October 2, 2002 to discuss the STOP-DWI program and will meet again on Thursday, at 11:30 a.m. for regular business.

RESOLUTION NO. 245 - APPROPRIATION OF UNSPENT FUNDS – SHERIFF’S DEPARTMENT

 MOVED by Mrs. Schuler, seconded by Ms. Herrera.  A short roll call vote on the resolution resulted as follows:  Ayes - 15; Noes - 0.  RESOLUTION ADOPTED.

 WHEREAS, the Sheriff’s Office has consistently encountered maintenance problems with a 2000 Chrysler Jeep, and
 WHEREAS, the Sheriff has determined it would be in the Department’s best interest to liquidate the vehicle immediately and purchase a replacement, now therefore be it
 RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriation:

APPROPRIATION:

 FROM:  General Fund Balance (Rollover)  $30,000
 TO:  3113.52231 Vehicles (Uniform Division) $30,000
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 246 - ADOPTION OF LOCAL LAW NO. 9 OF 2002 - ESTABLISHING A SURCHARGE  FOR WIRELESS COMMUNICATIONS

 MOVED by Mrs. Schuler, seconded by Mr. Penniman.  Ms. Robertson inquired if the wireless surcharge revenue in the 2003 budget reflects this resolution.  Mrs. Schuler indicated it did not.  A voice vote resulted as follows:  Ayes – 15, Noes - 0.  RESOLUTION ADOPTED.

 WHEREAS, the State legislature adopted a bill authorizing Tompkins County to impose a surcharge in an amount not to exceed 30 cents per month on wireless communications service in the County, and
 WHEREAS, funds from such surcharge will be used to improve emergency communication services in the County, now therefore be it
 WHEREAS, a public hearing has been held before the Board of Representatives on October 1, 2002, to hear all persons interested in proposed Local Law No. 9 of 2002, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That Local Law No. 9 of 2002 - Establishing a Surcharge for Wireless Communications 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:  TYPE II-20

Report  from the Health and Human Services Committee

 Mr. Winch said he did not have a report.

Report from the Information Technology Services Committee

 Mr. Winch, Chair, reported the Committee met September 25, 2002 and discussed the Department’s budget.  One item reviewed is the fact that Information Technology Services takes in $15,500 from departments for services provided; consideration was given to change this to an appropriation from the Board in their budget.  It appears as though departmental budgets estimated costs are higher than actual usage and this modification would reflect a more accurate figure.  He also reported on the New York State Bioterrorism Preparedness Planning Project in cooperation with Fire and Rescue, Sheriff’s Department, and Health Department.  There is a need to have a redundant connection to the Fire and Rescue building as a backup.  Mr. Winch said there is an opening in the system analyist area that will remain vacant until the budget process is completed.  He indicated a need to see that this position is filled in order to maintain the level of service.  With regard to the Health Insurance Portability and Accountability Act (HIPAA) that ensures confidentiality of clients, a local firm has been hired to prepare a gap analysis for the privacy functions.  Brenda Grinnell-Crosby will be project manager.  The County Web Resource team is working on changes to the web pages that will be database-driven to assist in information searches.

Report from the Public Works Committee

 Ms. Blanchard, Chair, reported the pile of dirt located at the airport on Warren Road is soil that was contaminated by fuel and we are in the process of seeking bids for removal.  The Committee also discussed a proposal to complete an energy analysis of County-owned facilities.  The cost of this is $36,770 with the County and State equally sharing the cost.  A portion of this may be reimbursed following recommended improvement.  Also, the Facilities Manager has been directed to follow-up with Cost Control Associates, who is sponsored by the Electric and Gas Alliance, to perform an audit of past energy billing to determine any errors that would allow the County to recoup funds if an error had occurred.  The Committee also reviewed the Facilities capital project and the Airport capital project status reports.  Ms. Blanchard said the next meeting will be held on Thursday, October 3, 2002.

Report from the Communications and Capital Project Committee

 Ms. Blanchard indicated they have not met.  She said a report on the status of the various Communications and Capital Project Committee’s projects will be circulated to the full board.  Ms. Blanchard informed the Board that at the recent meeting in Albany with the Office of Technology Statewide Network staff a Powerpoint presentation was made by the County to point out how a joint participation would work with regard to the 911 Building Project, the Public Safety Communications System Upgrade, and the Paging Project.  If a partnership were to materialize it would mean a sharing of equipment and costs.  The result of the meeting was the Statewide Network indicated that for those parts of our infrastructure and system which are useable in their state system they would be willing to pay.  It was also determined that the Statewide network would be a 800-MHz trunk system and we would need to be compatible to it.  There is a special committee at the State dealing with the project and is chaired by Senator Seward.  At this time we need to frame the principles of a Memorandum of Understanding between us and the State.  At the present time the County does not have expectations regarding State participation in the 911 building due to uncertainties.  When the State Request for Proposals are received in January it is hoped that Motorola has a viable proposal.  The next meeting will be held on October 22, 2002, at 11:30 a.m.

Ms. Robertson expressed the desire for more information of the processes occurring on this project in order to adequately answer questions from constituents.  She feels that it is being staff driven and a committee discussion would be the appropriate method rather than memo form.  Mr. Whicher replied that at the present time the Committee is completely informed on the project and that the staff is relying on technical advisors.  He said that at the point it involves policy and value issues the Board would become involved.  Ms. Blanchard said at the present time it is discussion of highly technical information with various levels and indicated that when the Memorandum of Understanding is prepared that would be the time to bring it to Committee for discussion.  Mr. Whicher said the process will involve a letter of intent followed by many conversations between the County and State and reports will be made to the Committee.  Mr. Penniman inquired if there is a concern for completing the Memorandum of Understanding before the election.  Mr. Whicher said while he is working to complete the letter of intent prior to that time it is doubtful that the Memorandum of Understandings will be complete.  He also noted that Statewide Network invited Tompkins County to evaluate their system.  Ms. Blanchard said there is presently discussion of a governance board for the state-wide network operations; once constructed there will be opportunity for participation in it.

RESOLUTION NO. 247 - DETERMINING THAT CERTAIN REAL PROPERTY LOCATED ON BROWN ROAD IN THE VILLAGE OF LANSING IS NO LONGER NEEDED FOR PUBLIC USE

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

 WHEREAS, the County is the owner of certain real property in the Village of Lansing designated as part of Tax Parcel No. 45.1-1-53.2; said parcel being a vacant strip along Brown Road, and being a parcel adjacent to Cornell University lands on one side and Brown Road on the other, and
 WHEREAS, this parcel is not currently being used for any County purpose, and
 WHEREAS, the parcel is .807 Acres bounded by Brown Road on one side and Cornell University lands on the other, and
 WHEREAS, the Airport has no need for said lands and there is no other County purpose for this parcel, now therefore be it
 RESOLVED, on recommendation of the Communications Capital Projects Committee, That it is hereby determined that the above-referenced real property is no longer needed for public use.
SEQR ACTION:     TYPE – UNLISTED
(Short EAF is on file in the Clerk’s Office)

RESOLUTION NO. 248 - AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE EXCHANGE OF PARCELS WITH CORNELL UNIVERSITY FOR COUNTY COMMUNICATIONS CENTER

 MOVED by Ms. Blanchard, seconded by Mr. Proto.  Ms. Kiefer questioned whether the County Land Policy was completely followed in the process.  Mr. Wood, County Attorney, said it was followed and that the registry was checked, a check for hazardous waste was completed, and the County Administrator walked the site for wetland flow.  Ms. Kiefer asked if a land management or State Environmental Quality Review staff member walked the site and was informed that there had been.  A voice vote resulted as follows:  Ayes – 15, Noes - 0.  RESOLUTION ADOPTED.

 WHEREAS, the County Board of Representatives, by previous resolution dated October 1, 2002, being Resolution No. 247 of 2002 determined that a portion of Tax Parcel No. 45.1-1-53.2 in the Village of Lansing on Brown Road is no longer needed for public purpose, and
 WHEREAS, Cornell University is desirous of acquiring said tax parcel portion (.807 acres) to add to its existing lot adjacent thereto, and
 WHEREAS, the County is desirous of acquiring a parcel owned by Cornell University being a portion of Tax Parcel No. 45.1-1-55.10 on Brown Road (being 1.151 acres thereof) adjacent to its other existing lands, and
 WHEREAS, the County with acquisition of the Cornell lot will have additional lands needed to locate its 911 Communications Center, facilities, and equipment at the airport site, and
 WHEREAS, the County has by previous resolution dated April 2, 2002 being Resolution No. 61 of 2002 selected that site for location of said Communications Center, now therefore be it
 RESOLVED, on recommendation of the Communications Capital Projects Committee, That the County Administrator is hereby authorized to execute all documents relative to the transfer of its land to Cornell University in exchange for the transfer of land from Cornell University to the County, said lots being of comparable value.
SEQR ACTION:   TYPE - UNLISTED (Further SEQR Review on Approval Building Construction)
(Short EAF is on file in Clerk’s Office)

Report from the Charter Review Committee

 Mr. Lane, Chair, reported the Committee met on September 25, 2002, and discussed Article 26 – Assigned Counsel Program.  This article had not been adopted by the Board while a determination was made of whether to have an Assigned Counsel or Public Defender Program.  The consensus of the Committee was to include the Assigned Counsel Article in the Charter and it could be modified in the future if desired.  Also discussed was Article 2 – Board of Representatives.  One item noted was a provision for County Veteran’s Service Agency.  At the present time we are one of two counties not having a County Veteran’s Service Director; the Committee determined to leave this item in the Charter and look into the matter further.

Report from the Fiscal Management Committee

 Mr. Joseph said the Committee has not met.

Report from the Public Safety Building Planning Committee

 Mr. Joseph, Chairman, had no report.

Report from the Space and Location Committee

 Mr. Joseph, Chairman, had no report.

Approval of Minutes of September 17, 2002

 It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote, to approve the minutes of September 17, 2002 as submitted.  MINUTES APPROVED.

Adjournment

 On motion the meeting adjourned at 9:25 p.m.

Respectfully submitted by Karen Fuller, Board of Representatives' Office