Tompkins County Legislature
Regular Meeting
October 3, 2006 - 5:30 p.m.
Legislature Chambers

Called to Order

 Mr. 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.

Proclamations

 Mr. Joseph presented the following proclamation:

· Cornell Cooperative Extension Week and 4-H Week in Tompkins County

Privilege of the Floor by the Public

 Natasha Tall, City of Ithaca, thanked the County for Lifelong’s program funding, noting the value of the many programs offered to seniors, particularly those who have lost spouses.

 Harriet London, Town of Lansing, spoke on behalf of the Community Dispute Resolution Center (CDRC).  She spoke of how the agency provides the ability to talk through conflict, listen, and in doing so, become clearer on how to effectively deal with conflict.

 David Neal, Groton, spoke in behalf of CDRC, whose services his family recently used in dealing with a necessary relocation of an aging parent.  CDRC provided the ability to address difficult topics and have a positive outcome.

 Judith Saul, City of Ithaca, Director of the Community Dispute Resolution Center, spoke of the financial savings provided to the County as a result of the agency.  She referred to the written material provided that indicated over 1,000 County residents were assisted, 35 volunteer mediators received almost 200 hours of training, and 322 hours of mediation services were provided.  Each municipality was served, with over sixty percent of those served residing outside the City, and fifty percent of those served had an annual income of less than $16,000.  Ms. Saul spoke of mediation being a preventive service, assisting in such things as a noise problem, saving the Sheriff’s Department from having to respond to a complaint; assist with elders, such as described by the Neals, saving nursing home expenses; preventing evictions, which uses Sheriff Department personnel and places yet another individual or family in the position of being homeless; working with parents and teens, preventing a runaway or Persons in Need of Supervision (PINS) filing.  In addition, Ms. Saul noted that County funds are matched with State funding.

 Barbara Coleman, Slaterville Springs, spoke in support of the Women’s Opportunity Center, sharing her personal experience with the agency.  Ms. Coleman stated that she has been taking coursework to provide her with a diploma and the skills necessary to be removed from Social Security Disability and become a productive resident of the County.

 Dammi Herath, Executive Director of the Women’s Opportunity Center, spoke of the value of continued funding to the agency.   She spoke of the Agency’s purpose in assisting women and low-income families to find gainful employment and assist with the financial information to enable them to be removed from the public assistance programs.  She indicated that for every $40 of County funding, $60 is received from TANF funding.  Ms. Herath spoke of the leverage provided by the County funds and requested it be maintained.  She spoke of the ways service is provided, noting that if it is a gas card, bus fare, new tire to replace a blown tire, etc., every attempt is made to remove barriers to gainful employment.  Ms. Herath stated clients are followed for 90 days following job placement to continue to provide guidance and support to enable the job to be maintained.

 Linda Johanson, City of Ithaca, Chair of the Board for the Women’s Opportunity Center spoke in support of continued funding.   She spoke of her fourteen-year history and noted that throughout many changes in funding streams the agency has consistently offered unique services to provide financial independence for hundreds of individuals.

 Thomas Weiler, Town of Ithaca, spoke in support of the Tompkins Learning Partners.  He is an eight-year volunteer for the program, assisting individuals to learn computer skills and prepare to obtain a high school degree.  He believes it provides a great deal of support on a very small budget and has shown itself to be successful in assisting residents of the community.

 Rob Ainslie, Ithaca, a volunteer at Tompkins Learning Partners requested support of the funding requested.  He noted the agency has been providing assistance to residents in the County for twenty-five years.  At present, there is a waiting list of 30 students.  Students learn how to read, write, perform mathematical functions, and are often the hardest students to teach.  He noted they are the only agency that works with students whose reading ability is below a fifth-grade level.  He spoke of the ability for these individuals to obtain self-sustaining employment through the training and asks that support continue.

 Gregg Thomas, Newfield, Managing Attorney, spoke in support of Neighborhood Legal Services (NLS), a branch office of Legal Assistance of Western New York.  He has been with the program for thirty years.  He indicated local funding provides services for the residents of the County, at present, the County-provided portion comprises 19 percent of total Tompkins County funding; with the Office for the Aging contractual services and United Way funding a total of 25 percent of NLS’ budget is local funding.  In addition, this funding leverages two Americorps full-time paralegals who assist with intake, outreach, and some cases.  He noted their work saves County money, and spoke of SSI and disability cases, providing reimbursement for those who received Safety Net assistance, as well as shifting funding from the State to Federal level for Medicaid.  Last year $157,151 was obtained by clientele, which adds to the local community.

 Paul Mazzarella, Executive Director of Ithaca Neighborhood Housing Services (INHS), spoke of the requested funding for the program, noting it would support all their programs that provide affordable homeownership, rental opportunities, home repair and energy conservation assistance, and financial literacy education to individuals in the County.  He said there is a recognized need for affordable housing and discussions this year have been brought to the forefront.  He referred to the County study that recognized the need and requested that the funding be provided, as well as the projects INHS has undertaken in the community.

 Terrie Mayu, City of Ithaca, spoke in support of funding for the Women’s Opportunity Center and the holistic approach utilized by them to assist her in becoming self-sustaining following a divorce and medical difficulties.  She praised the agency for their ability to provide her with the specialized services needed to succeed.

 Angela Brown, City of Ithaca, spoke in support of the Women’s Opportunity Center, and shared her experience of seeking employment following a divorce and stated Women’s Opportunity center was an integral piece of the success she has had.  Ms. Brown noted she is now working as an employment advisor at Challenge Services, giving back to the community.  She agreed with Ms. Mayu that the holistic approach was important to this success.

 Fay Gougakis, City of Ithaca, stated she has used most of the agencies mentioned this evening and that they are all good.  She suggested sending correspondence to Senators Clinton and Schumer to stop the war in Iraq, which she believes is partially the cause for the present financial difficulties.  Ms. Gougakis then spoke about the use of cellular telephones in the Library.  She stated library users are still continuing to receive and make calls, contrary to the rules of the Library.

Proclamations Continued

    Chair Joseph stated that members of 4-H were present to receive the proclamation presented earlier.  He read the proclamation, which was accepted by Amanda Darling and Marie Roenke.

Privilege of the Floor for Legislators

 Ms. Mackesey, District No. 1 Legislator, thanked the individuals who spoke under Privilege of the Floor, noting her appreciation of the individuals who have used services sharing their information.  She then announced Tompkins Consolidated Area Transit (TCAT) has a youth pass available at a cost of $30 per month; this provides access to the entire system.  She believes encouraging the youth to ride busses is worthwhile.

 Mrs. McBean-Clairborne, District No. 2 Legislator, announced she is the United Way spokesperson for the Legislature, and hopes that all will contribute to help many the agencies within the County that assist residents.  She read a letter that will be provided to employees encouraging continued support of the United Way.

Presentation – Economic Development Strategy

 Martha Armstrong, of Tompkins County Area Development (TCAD), reviewed the Economic Development Strategy prepared and noted the first one dates from 1997 and has now been revised.  The 1997 Economic Development Strategy had 58 action steps to be completed.  Of these, some major steps were:  The Intermunicipal Agreement for Water and Sewer, increased air service, Comprehensive Plan addressing resource planning, and the establishment of Workforce New York Career Center.

 Ms. Armstrong indicated that the new Economic Development Strategy is a collaborative effort of many different agencies, municipalities, and businesspeople who meet quarterly to review the Economic Development Strategy, and how it affected the players.  These individuals have assisted in the development of the new Strategy that began in 2003.  As many of those organizations were in the process of developing their own comprehensive plans it was decided to wait until 2005 to revise the present Economic Development Strategy.  The new approach is different than the previous version, without individual steps to take.  The new strategy provides agencies the ability to carry the goals forward, and respond to changes in the economic environment to accomplish their missions effectively.  Having an economic development collaborative, provides a depth of support necessary for the various levels of commitment that each group can provide.  This provides a comprehensive identification of what goals and action are necessary to keep the local economy healthy.

 Ms. Armstrong noted the ED strategy includes three area clearly identified areas of focus:  affordable housing within the County, revitalization of community centers throughout the County, and workforce and/or entrepreneurial skills are over-arching issues that may require more than one agency.  In the example used, agencies such as Ithaca Neighborhood Housing Services and Better Housing for Tompkins County would be asked to assist as well as developers, being creative in funding, and be creative while working together with many municipalities.

 Ms. Armstrong noted that Cornell University has been an integral partner in the development of the Economic Development Strategy, with the end product resonating with the University.  In addition, the amendment suggested by the Legislature relative to energy has undergone review by members who developed the Economic Development Strategy, and they feel it is possible to work the recommendation into the overall plan.

 Mr. Sigler stated it appears the recommendations made for the Economic Development Strategy are already being implemented and asked what the purpose of the resolution would be.  Ms. Armstrong said the passage provides the ability to reaffirm the commitment and outreach among participants.

 Mr. Proto noted he was very impressed with the summary.  He noted that there are seven new Legislators who will benefit from the summary provided.  He then inquired how TCAD obtains follow-up information on agencies and municipalities.  Ms. Armstrong indicated the quarterly meetings provide necessary updates to determine how the agencies/municipalities are proceeding.  Mr. Proto expressed concern regarding the agricultural piece within the Strategy and asked if it is anticipated that Cooperative Extension would be completing this work.  Ms. Armstrong noted that funding was not available for an Economic Specialist to work with agriculture.  Mr. Proto indicated he feels that the Agriculture and Farmland Protection Board’s resolution coming forward regarding the use of alternative fuels in agriculture, should be able to be worked into the Strategy.  Ms. Armstrong noted that Mr. Schlather, Executive Director of Cornell Cooperative Extension, would most likely bring it forward if it would work into the comprehensive plan.  In response to a question from Mr. Proto, Ms. Armstrong noted no further Legislature involvement would be required, however she felt if there were changes to guidelines it would be brought back for discussion and review.

 Mr. Booth corrected the reference to Cornell University, stating he indicated that it was unrealistic to develop an economic development strategy that does not encompass the largest single employment sector, which in this case would be higher education.  He stated that two elements that need to be considered are:  (1) how can local or County government facilitate those institutions to fulfill their mission, and (2) how can the residents of Tompkins County take better advantage of the size and opportunities of this sector of the community.   With regard to developing a twenty-year strategy for housing, he noted that historically there is a lot of resistance from municipal governments to having County government getting involved in decision-making processes related to land use issues, which can include housing.  He spoke of the City of Ithaca having two definitive rental groups, one being students and the other the resident population.  All compete for the same resources but have very different interests and objectives.  He said that housing as a strategy will require coming to grips with different definitions from different decision-makers: e.g. local governments, builders, banks, and landlords.  He stated the brevity of the report does not clearly show how difficulties will be addressed.  Ms. Armstrong noted that it is a work in process and will be amended and that no one thing will clearly address the subject.

 Ms. Kiefer asked if Ms. Armstrong could flesh out the status of items referred to in the cover letter, namely which of the 1997 tasks were completed and which were still being worked on and whether one or more particular agencies are taking on a task, etc.   She then asked if TCAD is adequately staffed to complete what needs to be done.  Ms. Armstrong said that at the present time with the additional Empire Zone duties staffing is inadequate.

 Mr. Hattery asked how many planners suggested housing as a priority versus business individuals who assisted in developing the strategy.  Ms. Armstrong indicated that normally housing is a community development issue, however, all parties, including the largest employers and not-for-profits indicated the need to address the deficiency.  She stated that virtually all leaders spoke of housing at all income levels, noting they stated it is difficult to find employment resources needed as a result of inadequate housing.  As a result of this factor, it was decided it should be included and prioritized in the Economic Development Strategy.  In addition, Mr. Hattery was reassured that amendments to the plan would be brought to the Legislature for review.

 Ms. Robertson referred to the newspaper article in The Ithaca Journal addressing local economies, stating that Ithaca’s downtown economy continues to grow and flourish.  She said Ithaca reflects an economy that, although not perfect, is unique in the region, as it is growing.  She believes the collaborative effort that the plan has will have positive results.

 Ms. Kiefer was not certain if the intent for the Legislature is to receive an annual report, but she is hopeful that will occur.  Ms. Armstrong said they will be performing annual evaluation and monitoring of goals, and a written report will be provided to all Legislators rather than just to the Planning, Development, and Environmental Quality Committee.

 It was MOVED by Ms. Robertson, seconded by Ms. Herrera, and unanimously approved by voice vote, to lift Resolution No. 158 - Accepting and Committing to Implementation of the 2006 Tompkins County Economic Development Strategy, from the table.

RESOLUTION NO. 158 – ACCEPTING AND COMMITTING TO IMPLEMENTATION OF THE 2006 TOMPKINS COUNTY ECONOMIC DEVELOPMENT STRATEGY

 MOVED by Ms. Robertson, seconded by Ms. Herrera.  A voice vote resulted as follows:  Ayes – 14; Noes – 1 (Legislator Proto).

 WHEREAS, in 1997, the Tompkins County Board of Representatives charged Tompkins County Area Development (TCAD) with the preparation of an Economic Development Strategy to guide countywide activities related to economic development and provide an agenda for positive action, and
WHEREAS, the Economic Development (ED) Strategy prepared for Tompkins County was accepted by the County Board of Representatives in July, 1999, and
WHEREAS, the Economic Development Strategy included the formation of a Coordinating Committee responsible for implementation of the strategy, and
WHEREAS, TCAD initiated a planning process to update the ED Strategy in 2005, involving over seventy-five civic, business and citizen leaders coupled with a research component to provide in-depth information and background data, and
 WHEREAS, the Coordinating Committee, (including representatives from Tompkins County Area Development, the Industrial Development Agency, the Workforce Investment Board, the Chamber of Commerce and Convention and Visitors Bureau, the Ithaca Downtown Partnership, the City of Ithaca Department of Planning and Economic Development and the Ithaca Urban Renewal Agency, the Town of Ithaca Planning Department, the Tompkins County Planning Department, the Ithaca-Tompkins County Transportation Council, Cooperative Extension of Tompkins County, and the Municipal Officials Association) has been meeting quarterly to assess progress toward implementation of the 1999 ED Strategy, to ensure that all parties are fully aware of the challenges and concerns facing committee members, and to participate in creating the 2006 ED Strategy, and
 WHEREAS, the Coordinating Committee structure has proved valuable in uniting the economic development professionals in the community to provide mutual support and assistance, and
 WHEREAS, the process of updating and revising the County’s Economic Development Strategy is complete, bringing with it new challenges and opportunities that can be more fully realized by formalizing the role of the Coordinating Committee and converting it to an Economic Development Collaborative with a mission to:

“Cultivate a prosperous and sustainable regional economy by building the economic foundations, expanding opportunities, and fully engaging the community in ways that reflect the community's strengths and values”, and
 WHEREAS, while further discussion, analysis, and action will be needed to achieve implementation of the Three Five-Year Goals, a strategy document has been developed that offers a sound approach to economic development and will serve as the basis for continuing discussion by the Legislature and the community, and
 WHEREAS, Tompkins County has adopted a Comprehensive Plan and has a record of taking a comprehensive approach to economic development and fostering collaboration to achieve planning and development goals, and
WHEREAS, global as well as U.S. oil reserves are not only finite but are at or near the time when production of oil has peaked and can only decline, a concept known as “peak oil”, and this will have a profound effect on virtually all aspects of our lives, since oil and gas in various forms are used not only to power cars, trucks, planes, and electricity-generating plants and to heat buildings, but also as feedstocks for chemicals, pesticides, fertilizers, medicines, and plastics, and the recognition of peak oil calls for a further look at our local Economic Development Strategy, now therefore be it
 RESOLVED, on recommendation of the Planning Development and Environmental Quality Committee, That the Tompkins County Legislature hereby accepts the 2006 Economic Development Strategy for Tompkins County, dated July 18, 2006, as a guide to continuing and future economic development initiatives and activities intended to benefit all residents of Tompkins County in the years to come,
RESOLVED, further, That Tompkins County supports the concept of the Economic Development Collaborative and pledges to participate in strategies that will lead to fulfillment of the mission,
RESOLVED, further, That as part of fulfilling the Economic Development mission of cultivating “a prosperous and sustainable regional economy”, the Tompkins County Legislature calls on TCAD and its collaborators to recognize the need to grapple with how best to respond to peak oil locally, and, in addition to the three goals enumerated in the Economic Development Strategy, to also focus on ways to help our local economy incorporate renewable energy, remain healthy in the face of the “peak-oil” economic challenge, and move in the direction of being able to provide us locally with needed goods and services.
SEQR ACTION:  TYPE II-20

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Privilege of the Floor by the Public – continued

 Grace McMenamin, Adult Literacy Tutor for Tompkins Learning Partners, spoke on behalf of the tutors and students to request support of the agency.  She spoke of the agency’s work with adult readers and English as a second language students.  She spoke of having grown up with parents unable to read and how her task was to read such items as job applications, prescription bottles to her parents, and being the only child in a family of five to graduate high school.  Ms. McMenamin spoke of how well run the agency is and that everyone serving clients are kind and giving, providing confidence, self-esteem, and assist in their becoming good citizens.  She asked that the Legislature continue the funding.

Presentation – Criminal Justice Advisory/Alternatives-to-Incarceration Board

 Mrs. McBean-Clairborne, Chair of Public Safety, said several years ago the topic of an evaluation of the Alternatives-to-Incarceration (ATI) programs was discussed.  A series of questions was also brought forward by Legislators Robertson and Proto regarding the (ATI) initiatives and have been taken up by the advisory board.  She introduced Ms. Cook, member and Chair of the Criminal Justice Advisory/Alternatives-to-Incarceration Board, and paralegal for the County, to provide highlights of the report.

 Ms. Cook reported that the County Criminal Justice Advisory/Alternatives-to-Incarceration Board is mandated by State Executive Law to analyze the jail population and review existing ATI programs.  An overarching goal is to create a safer community through the use of programming designed to break the cycle of crime and recidivism, and to safely reduce the jail population.   In Spring 2006 the advisory board commenced an extensive review of the entire criminal justice system from arrest through to sentencing, and reviewed the jail population particularly due to a high number of inmates boarding out.  Ms. Cook provided an overview of the scope of membership on the advisory board, noting that all aspects of criminal justice and human services are represented and work in a collaborative manner.

 Ms. Cook reported that the study indicated that the County’s ATI programs have proven to be effective and the Day Reporting Program is strong, with the highest numbers seen thus far.  In addition, the County Probation Department was recognized by the State for achieving the lowest recidivism.  Tompkins County has three drug courts – Felony, Misdemeanor, and Family Treatment Court; an active Offender Aid and Restoration program, Community Dispute Resolution Center, and substance abuse treatment agencies.  As a result of the review it was determined that the areas that need to be addressed are:  (1) a faster turn-around for drug and alcohol evaluations in the jail which could result in fewer jail days while awaiting sentencing or treatment options, (2) at present there is no transitional housing that assists in a step-down from jail to community; which can be effective with a combination of supervision and treatment, and (3) the LaBella Study indicated that 84 percent of the inmates in the Jail had previously been incarcerated, which is an indicator that a cycle needs to be broken.

 Ms. Cook spoke of the importance of statistical data collection and analysis when reviewing the various program components and determining what will be most effective to exiting inmates.  At this time the Sheriff’s Department, Probation, and Offender Aid and Restoration are collecting data from inmates.  There is a three month re-entry pilot program.  Ms. Younger, Deputy County Administrator, is assisting in organizing the objectives, setting a plan of action to complete the tasks, etc.  At the present time, the advisory board meets one time a month, however, in order to complete the necessary tasks it has been determined to break-out into four to five working groups with specific assignments to complete.

 In conclusion, Ms. Cook said that an important aspect to bear in mind is that while attempts are made to reduce costs when dealing with an offender, an important individual is the victim.  She said statistics show that having the offender be personally accountable to the victim in a sensible, personal, and safe manner is an effective deterrent to re-offending.   The Restoration Justice Committee has been revived and a subcommittee has been formed to work on this aspect of criminal justice.  Ms. Cook said the advisory board will be providing updates in several months, and offered the option of a retreat to further discuss options.

 Mr. Joseph noted this is a progress report, and not a final document.  He said that daily checking of the jail population is not indicative of the program’s success and that many options are still available to assist with a reduction of crime and maintenance of public safety.  Mr. Joseph said some options being considered will not require Legislature action, while other proposals will.  In the budget process funds have been put in place for board-outs or programming to reduce jail overcrowding.

 Sheriff Meskill spoke about the jail population, and a safe community.  He said the process that has just begun is a strategic planning process that will be refined to determine the best steps, timeline, etc.  He is pleased to see this work go forward as it will provide a plan that is measurable, regardless of personal philosophy of ATI programs and he believes it will make a difference.

 Mr. Booth asked several questions:  (1) what the recidivism rate in Tompkins County has been within the past year, (2) how was the 84 percent determined,  (3) what is the lowest rate in New York, and (4) what does relevant literature say is an acceptable rate?  Ms. Cook said she did not have all the information; however, the 84 percent was noted in the LaBella study.

Mr. Hattery said upon review of the report he noted the comments relating to the lack of space.  It was noted that although space is an issue, it should not affect the program review and recommendations.  Sheriff Meskill said that it is hoped that the collaborative efforts will assist in alleviating the problem.

Mr. Proto was pleased to see this initiative, as it will provide information that is beneficial. He hoped that historical information relating to the Probation Department would be made available to help show the effectiveness of the program.  Ms. Cook indicated Probation has a great deal of information and that when combined with the other statistics being gathered it should provide a more comprehensive view of the effectiveness and needs of the ATI programs.  Mr. Proto asked if there will be correlations between the economic status and crime rates and was informed that demographic statistics would be reviewed.

Ms. Robertson spoke of the extensive outreach that is undertaken by Probation and other Public Safety members to educate appropriate members of the judicial field of the various programs available to their clientele.  She also noted that finding a way to assist inmates immediately after release would be a positive step to reducing recidivism.

Chair’s Report

 Mr. Joseph reported on his attendance at the New York State Association of Counties (NYSAC) conference the past week.  He has material available for review, including a Legislative Summary on all bills passed by the Legislature that may be important to the County, various other items of interest, including literature on Medicaid, entitled “Living with the Medicaid Cap”.  Although much of the information is designed for use by social services departments, the overall impact of the report is that the cap is very good for counties.  Mr. Joseph said that the State has realized that by putting this rigid cap into place there is the potential for counties not to limit spending, therefore there may be revisions to address this problem.  He did not receive any information about the amendments but it is felt that the cap in its present form would allow counties to predict their cost for the program for twenty years.

 Mr. Joseph said an item that has received interest at both the State and national levels is Chemung County’s Reform program that is an interesting approach to managed care.  It puts all of Medicaid under managed care and is based on extensive research regarding use.  He used the example of a small group of  homeless persons in Elmira who utilized some form of Medicaid 300 time in a year.  The program will review the cause and effect to determine the best manner to reduce costs.  At this time it is being closely followed and has the support of Assemblyman Gottfried, Chair of the Assembly Health Committee.

 Mr. Joseph spoke of the availability of grants for collaborative intermunicipal services, and reported that the Tompkins County Council of Governments is in the process of applying for a grant for cooperative health insurance.  One interesting factor was doing services countywide, with an example of a County having fifty percent or more of the municipalities joining to do cooperative purchasing, payroll, one human resource office, assessment, or dispatch; he noted Tompkins County has countywide assessment and dispatch.

 Mr. Joseph is a member of the NYSAC Standing Committee on Public Safety, a resolution was passed at both committee and the business meeting, to urge the State to take responsibility for violated parolees incarcerated in County jails as well as additional funding for defense of indigents.  These items will be priority items for the NYSAC lobbying staff.  Conversations regarding the subject of parolees brought forth suggestions of ways to obtain assistance from State personnel to help make reentry more successful.  He also said the new State Commissioner of Corrections has received positive comments, noting that Ulster County met with the new Commissioner and had positive feedback regarding a lower level of staffing that County’s new jail.

Report from the County Administrator

 Mr. Whicher did not have a report.

Report from the County Attorney

 Mr. Wood reported that there has been a settlement with regard to the challenge of the 2003 through 2006 assessments for Pyramid Mall.  The settlement, made with the help of attorney Martin Shapiro, allows for an agreement for the years 2003 through 2006, as well as for the years 2007 through 2009.  Under the terms of the settlement, which has received judicial approval, no taxing authority will be required to refund any taxes to Pyramid Mall.  A discussion occurred regarding details of how the settlement was determined, noting that Pyramid Mall is one of the “unique’ properties within the County, and assessment is based on the income stream.

Report from the Finance Director

 Mr. Squires called attention to the listing of properties subject to tax enforcement proceedings.  The list contains approximately 130 properties, which is reduced from the normal 150 properties, with $860,000 total taxes due.  Two properties are mobile home parks, and represent over $225,000 of the amount.

Recess

 Chair Joseph declared a recess from 7:50 p.m. to 8:02 p.m.

Addition(s) to the Agenda

 It was MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously approved by voice vote of members, to add Edward Marx, Commissioner of Planning and Public Works, to the Empire Zone Administration Board appointments.

Withdrawal(s) from the Agenda

 There were no withdrawals from the agenda.

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

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

RESOLUTION NO. 165 - AUTHORIZING PUBLIC HEARINGS FOR HOUSING, PUBLIC FACILITIES, AND ECONOMIC DEVELOPMENT NEEDS FOR THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

 MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote under the Consent Agenda.
WHEREAS, the New York State Governor’s Office for Small Cities’ funding for the Community Development Block Grant (CDBG) program accepts open-round applications for economic development projects throughout the year; and competitive applications for housing, public facilities, and microenterprise projects in the spring of each year, and
 WHEREAS, Tompkins County would like to apply for open-round economic development funds in 2006 and competitive housing, public facilities, and microenterprise funds in 2007, and
 WHEREAS, Tompkins County is required to have at least two public hearings pursuant to any CDBG applications for funding, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That three public hearing dates be set:  the first to be held on October 17, 2006, to discuss general housing, public facilities, and economic development needs in the County; the second to be held on November 8, 2006, to discuss submitting a specific application for open-round economic development funds under the CDBG program in 2006; and the third to be held on January 16, 2007, to discuss submitting a specific application for competitive housing, public facilities, and microenterprise funds under the CDBG program in 2007.  These hearings will be held at 5:30 p.m., at a regularly scheduled meeting of the Tompkins County Legislature, 320 North Tioga Street, Ithaca, New York,
RESOLVED, further, That the Clerk of the Legislature is authorized to place proper notice of these public hearings in the official newspaper of the County.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 166  -  ESTABLISHING COUNTY EQUALIZATION RATES

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

 WHEREAS, pursuant to Article III, Section 4.05, Subdivision (d) of the Tompkins County Charter and Code, the Director of Assessment has submitted and recommended the adoption of equalization rates for all towns in Tompkins County and the City of Ithaca for the assessment rolls filed in 2006, and for the apportionment of County taxes levied in 2007, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the following equalization rates be and hereby are adopted:

   AGGREGATE ASSESSED                        AGGREGATE FULL
             VALUATION OF TAXABLE    COUNTY      VALUATION OF TAXABLE                  REAL PROPERTY FOR        EQUALIZATION    REAL PROPERTY FOR
TOWN                  COUNTY PURPOSES                  RATE                COUNTY PURPOSES
Town of Caroline      144,051,058  90 160,056,731
Town of Danby 185,525,896  90 206,139,884
Town of Dryden 687,576,306 90 763,973,673
Town of Enfield 132,309,237 90 147,010,263
Town of Groton 198,995,181 90 221,105,757
Town of Ithaca 1,040,208,924 90 1,155,787,693
Town of Lansing 1,046,829,198 90 1,163,143,553
Town of Newfield 192,269,089 90 213,632,321
Town of Ulysses 344,636,609 90 382,929,566
City of Ithaca 1,182,406,675 90 1,313,785,194
   TOTALS $5,154,808,173  $5,727,564,637
SEQR ACTION:  TYPE II-20

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Appointment(s) Approved Under the Consent Agenda

 Appointments under the Consent Agenda were withdrawn until later in the meeting.

Report from the Personnel Committee

 Mr. Dennis, Chair, reported the next meeting will be on October 11, 2006.  He reported that the Road Patrol Agreement has been signed by all parties and is anticipated implementation will be occurring shortly.  In addition an RFQ is being developed by the County Administrator to obtain a new negotiator for the next session.

 Ms. Kiefer requested the County Administrator to include language within the Request for Qualifications that would make certain no appearance of conflict exists; Mr. Whicher reported it has been included.

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

 Ms. Herrera, Chair, reported the Committee met on September 11th, with the majority of work reflected in the resolutions included within the agenda.  The next meeting will be on October 18 at 3:30 p.m., which is a different time for meetings.

RESOLUTION NO. 167 - SETTING THE INCOME LIMITS FOR THE PERSONS WITH DISABILITIES AND PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER LIMITED INCOMES REAL PROPERTY TAX EXEMPTION

 MOVED by Ms. Herrera, seconded by Mr. Randall.  Ms. Herrera said this is a result of the State indicating that the County has the option of increasing the amount of annual income by $2,000 for these exemptions.  Information regarding the impact to the County provided to Legislators showed it was an impact of $24,000, and would assist in allowing individuals to stay in their homes.  Mr. Stevenson asked for clarification of “M” as indicated within the resolution and was informed this is the sliding scale definition.  Mr. Franklin clarified for Ms. Robertson the estimated additional exemptions, noting that a great deal of information regarding income is available from the Enhanced STAR program.  Ms. Kiefer noted that while some communities have adopted the maximum exemption limits, more municipalities have not.  She encouraged members who vote in favor of the resolution to encourage their municipalities to do so as well.  Ms. Kiefer stated she had not supported the resolution at Committee, and will not support it at this time, as she does not believe it is necessary to approve amendments annually.  Ms. Herrera noted this resolution is for only the present year.  Mr. Franklin qualified that the income level is Adjusted Gross Income less any IRA distributions.

 A voice vote on the motion to adopt the resolution resulted as follows:  Ayes – 14; Noes – 1 (Legislator Kiefer).  RESOLUTION ADOPTED.

 WHEREAS, the County Legislature desires to increase the income limits for the Persons with Disabilities and Limited Incomes Real Property Tax Exemption, and
WHEREAS, the County Legislature desires to increase the income limits for the Persons Sixty-Five Years of Age or Older Real Property Tax Exemption, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That M as stated in Local Law No. 1 of 2001 be amended to $26,000,
 RESOLVED, further, That the following schedule of income limits and corresponding percentage exemptions be adopted.
        Percentage Assessed Valuation
Annual Income          Exempt From Taxation
$26,000 or less           50%
$26,001 to $26,999          45%
$27,000 to $27,999          40%
$28,000 to $28,999          35%
$29,000 to $29,899          30%
$29,900 to $30,799          25%
$30,800 to $31,699          20%
$31,700 to $32,599          15%
$32,600 to $33,499          10%
$33,500 to $34,399           5%
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RESOLUTION NO. 168 - AMENDING THE RULES OF THE LEGISLATURE – RULE V – ORDER AND DECORUM

 MOVED by Ms. Herrera, seconded by Mr. Stevenson.  Ms. Herrera noted the split vote at Committee was 3-2; she appreciates the work involved in amending the rules to assist in eliminating loopholes that may exist.

MOVED by Ms. Kiefer, seconded by Mr. Randall, to offer the following substitute resolution that she believes provides more clarification with less modification to the existing rule:

 WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify procedure regarding an appeal taken from the decision of the Chair, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2) of Rule V – Order and Decorum is hereby amended as follows:
 If an appeal is taken from a the decision of the Chair, the Chair shall have a the right to assign explain the reason for the decision.   The Legislature may debate before deciding and shall decide the case without debate, and the question shall be stated by the Clerk, “Shall the ruling of the Chair be sustained overruled sustained?”  The vote shall be taken by roll call and ruling sustained or by a majority of the members present including the Chair.  If the majority of the members present and voting are in favor of overruling the Chair, then the ruling shall be overruled.  If the majority of such members do not vote in favor of overruling, then the ruling of the Chair shall be sustained. and voting exclusive of the Chair who shall not vote on appeals from the ruling of the Chair.  and voting exclusive of the Chair who shall not vote on appeals from the ruling of the Chair.  However, if there is a tie vote, the Chair’s vote shall be added.
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In addition, Ms. Kiefer stated she believes it is important that both the Chair and Legislature members have the ability to discuss the pros and cons of this appeal situation.  She also does not believe it is necessary to amend the word “sustained.

 Ms. Herrera said she prefers the original resolution that does not allow for debate by the Legislature, which encourages more procedural delays to win approval.  In addition, the majority of Committee members favored “overruled” to “sustained”.

 Mr. Proto said his question extends to both the original as well as the substitute; in either case the resolution as presented to Government Operations Committee included three additional paragraphs dealing with what could be discussed while the roll was being called, that there should not be a public statement criticizing the job performance of an employee, and that in the event of a disruption during the meeting the Chair should have the discretion to recess the meeting.  None appear in the resolutions presented.  Following a discussion with Ms. Pottorff, Chief Deputy Clerk, he understood that they would remain within the rules, the only modifications are to what is being presented.  Ms. Herrera confirmed this information.

 Mr. Sigler requested Mr. Wood to reiterate information provided to the Government Operations Committee relating to the statement of “shall be decided without debate” shown in the original resolution presented.  Mr. Wood stated that the term “without debate” is from Robert’s Rules,

 Mr. Joseph shared a chart that assists to clarify the problems associated with the present rule and the need to modify it.  He believes the Chair’s vote should count and that in the event there is not full representation of the Legislature that the majority should rule.

 Ms. Robertson indicated support for the original resolution, however, she asked if it could be modified to include the statement “may debate before deciding”.  Mr. Joseph did not have an objection to including the statement.

 Ms. Kiefer noted the substitution would allow for the Chair to vote in the event of a tie,.  She strongly feels it is appropriate that there be eight votes in favor to decide a matter.

 A voice vote on the motion to substitute resulted as follows:  Ayes – 3 (Legislators Kiefer, Proto, and Randall); Noes – 12.  MOTION FAILED.

 It was MOVED by Ms. Robertson, seconded by Mr. Booth, to amend the original resolution as follows:  “The Legislature may debate before deciding shall decide the case without debate…”

 Ms. Herrera referred to Mr. Wood’s statement that the reason it is without debate is a procedural step recommended by Robert’s Rules.  She does not feel that it is necessary to include debate, which at times can be lengthy.  She urged members to support the original language contained within the resolution.

 A voice vote on the motion to amend resulted as follows:  Ayes – 5 (Legislators Booth, Dennis, Kiefer, Proto, and Randall); Noes – 10.  MOTION FAILED.

 A voice vote on the main motion resulted as follows:  Ayes – 12; Noes – 3 (Legislators Kiefer, Proto, and Randall).  RESOLUTION ADOPTED.

 WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify procedure regarding an appeal taken from the decision of the Chair, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2) of Rule V – Order and Decorum is hereby amended as follows:
 If an appeal is taken from a decision of the Chair, the Chair shall have the right to explain the reason for the decision.   The Legislature shall decide the case without debate, and the question shall be stated by the Clerk, “Shall the ruling of the Chair be overruled?”  The vote shall be taken by roll call of the members present including the Chair.  If the majority of the members present and voting are in favor of overruling the Chair, then the ruling shall be overruled.  If the majority of such members do not vote in favor of overruling, then the ruling of the Chair shall be sustained.
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RESOLUTION NO. 169 - AMENDING THE RULES OF THE LEGISLATURE – RULE VII - RULES OF VOTING

  MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne.  Ms. Herrera stated she believes the resolution presented effectively amends the rule to more simply and clearly define the process.

It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne, to offer the following substitute:

 WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify procedure to determine a direct interest in the result of the vote, and
 WHEREAS, it is also desirable to have the advice of the County Attorney in determining direct interest, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2) of Rule VII, Rules of Voting is hereby amended as follows:

RULE VII - RULES OF VOTING
(2) Every member present when a vote is taken upon any question shall vote unless excused by unanimous consent of all members present, or unless a member has a direct interest in the result of the vote that member declares that they have that a member has If a member believes he/she or another member has or is believed to have a direct interest in the outcome of such vote, the County Attorney shall explore the nature of the conflict of interest and offer advice, and the Chair of the Legislature shall make the ruling on whether there is a conflict or not.   The Chair shall in all cases, except upon appeals from rulings of the Chair,except upon appeals from rulings of the Chair, have a right to vote.
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Ms. Kiefer spoke of the great deal of thought she has had as a result of her position as Chair of the Board of Ethics.  She believes that for a Legislator discloses what may be an apparent conflict is important, and she would not like to see a declaration used to avoid taking a position, though she does not believe it has occurred.  The substitute addresses the situation of what the direct interest is, the County Attorney shall offer advice, and the Chair will make a ruling as to whether there is a conflict.  This will continue present practice and provide the ability to vote.

 Ms. Herrera believes that the substitution, particularly the portion that states “or is believed to have a direct interest”, has the potential of creating a situation that an outside party may claim the potential conflict, thereby causing the matter to require more extensive investigation that should be necessary.  In addition, the portion regarding the Chair making the ruling of whether a conflict exists, particularly based upon the possible interpretation by the County Attorney on information available at the specific time a possible conflict is mentioned, could make for an undesirable situation.

 Mr. Proto noted that in the original resolution, an individual wishing to not vote must receive the support of the entire Legislature, or unless that member declares that they have a direct interest in the result of the vote.  He believes that it was not the intent to say a member may be excused from any vote if they receive unanimous approval of the members and suggested the form of the language be adjusted to indicate the declaration followed by the vote.  Ms. Kiefer indicated that she had found it difficult to amend the language to adequately reflect the intent.  She spoke of a handout provided to members and suggested the resolution return to Committee as she believes there are additional revisions required within Rule VII.

 Ms. Herrera clarified that the first part of the paragraph stands alone, that a member shall always vote unless excused by a majority of the membership of the Legislature; the second portion addresses the ethics issue.  She would like to have the members vote on the resolution before them and address other aspects of Rule VII at future meetings.

 In response to an inquiry by Mrs. McBean-Clairborne, it was noted that as a result of language approved in Resolution No. 168, the Chair would be allowed to vote at all times.
 
 It was MOVED by Mr. Dennis, seconded by Mr. Hattery, to call the question.  A voice vote on the motion resulted as follows:  Ayes – 10; Noes – 5 (Legislators Joseph, Kiefer, McBean-Clairborne, and Mackesey).  MOTION CARRIED.  THE QUESTION WAS CALLED.

 A voice vote on the motion to substitute resulted as follows:  Ayes – 3 (Legislators Kiefer, Mackesey, and McBean-Clairborne); Noes – 12.   MOTION FAILED.

 It was MOVED by Ms. Robertson, seconded by Mr. Proto, to refer the original resolution back to Committee.  A voice vote on the motion resulted as follows:  Ayes – 9; Noes – 6 (Legislators Dennis, Hattery, Herrera, Koplinka-Loehr, Randall, and Stevenson).  MOTION CARRIED.  RESOLUTION REFERRED TO COMMITTEE.

 WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify procedure to determine a direct interest in the result of the vote, and
 WHEREAS, it is also desirable to have the advice of the County Attorney in determining direct interest, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2) of Rule VII, Rules of Voting is hereby amended as follows:

RULE VII - RULES OF VOTING
(2) Every member present when a vote is taken upon any question shall vote unless excused by unanimous consent of all members present, or unless a member has a direct interest in the result of the vote that member declares that they have that a member has If a member believes he/she or another member has or is believed to have a direct interest in the outcome of such vote, the County Attorney shall explore the nature of the conflict of interest and offer advice, and the Chair of the Legislature shall make the ruling on whether there is a conflict or not.   The Chair shall in all cases, except upon appeals from rulings of the Chair,except upon appeals from rulings of the Chair, have a right to vote.
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 WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify procedure to determine a direct interest in the result of the vote, and
 WHEREAS, it is also desirable to have the advice of the County Attorney in determining direct interest, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2) of Rule VII, Rules of Voting is hereby amended as follows:

RULE VII - RULES OF VOTING

(2) Every member present when a vote is taken upon any question shall vote unless excused by unanimous consent of all members present, or unless that member declares that they have that a member has a direct interest in the result of the vote.  The Chair shall in all cases, except upon appeals from rulings of the Chair, have a right to vote.
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RESOLUTION NO. 170 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS

 MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote of members present.  RESOLUTION ADOPTED.
 
 WHEREAS, Tompkins County desires to maintain an official record of the 2006 Final Assessment Roll, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the regular and supplemental report of the totals (footings) of assessment rolls be accepted and the figures therein be used as a basis for the taxation in the several tax districts of the County for the year 2007 based upon the July 1, 2006 County of Tompkins Final Assessment Roll.
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Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee

 Ms. Robertson, Chair, reported the Committee met September 21 and just prior to this meeting.  The next meeting will be on October 19 at 3:30 p.m., which will be the new start time for the rest of the year.

RESOLUTION NO. 171 - EXPANDING THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM TO ALLOW PARTICIPANTS TO PURCHASE NEW HOMES

 MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne.  Ms. Robertson noted that the resolution now includes double-wide mobile homes, and further explanation is available within the memo from Ms. Filiberto of the Planning Department.  Mr. Randall noted that the amendment to include double-wide mobile homes on permanent foundations makes is consistent with the current policies.

Ms. Kiefer stated she would not support the resolution due to the inclusion of new construction Type Item 1 and new home listed for sale on the open market, as it may not be located on a parcel with water and sewer, or near existing jobs.  She does not believe it would be beneficial to support this type of sprawl investment, which contradicts goals of the County Comprehensive Plan.

A voice vote on the motion resulted as follows:  Ayes – 13; Noes – 2 (Legislators Kiefer and Mackesey).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Homeownership Program has provided down payment 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, local municipalities are vested with the authority to determine where and how residential development should occur through land-use planning, subdivision, and zoning laws, and any new housing construction would be subject to local regulations, 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 parameters:
New Construction Type Eligibility Guidelines
1.  A new home listed for sale on the open market.  - None.
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 or assisted. - 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. 172 - APPROPRIATION FROM CONTINGENCY FUND FOR GADABOUT

 MOVED by Ms. Robertson, seconded by Mr. Dennis.  Ms. Robertson called attention to written material on desks relating to the resolution.  Ms. Kiefer will support the resolution but asked that the budget be reviewed by Committee members.  Ms. Robertson stated the Committee did review the budget and that TCAT will be reviewing Gadabout’s funding level.

 Mr. Proto said he did not support the resolution at the Committee meeting for various reasons, specifically a concern regarding material presented not having all answers available.  He agrees that TCAT should review Gadabout’s relationship between TCAT and the County, including information on the new building extension that did not have any cost associated with it.  He will support it at this time with the friendly amendment indicating it was a requested amount.

 Mr. Stevenson requested information to clarify the codes in the written material.

 Ms. Herrera stated it is important to understand that Gadabout has not previously requested increased assistance from the County.  As a member of the TCAT Board she noted that the additional building used by Gadabout could be reviewed at a later time.

 It was MOVED by Mr. Sigler, seconded by Mr. Proto, to remove the second WHEREAS, paragraph from the resolution.   Mr. Sigler noted he does not believe it to be relevant to the problem, which is a shortage of funding due to increased fuel costs.

 A voice vote on the motion to delete the second WHEREAS resulted as follows:  Ayes -  3 (Legislators Kiefer, Proto, and Sigler); Noes -  12.  MOTION FAILED.

 Ms. Robertson believes that the second RESOLVED indicates the intent to review funding.

 It was MOVED by Mr. Stevenson, seconded by Mr. Dennis, to call the question.  A voice vote on the motion to call the question resulted as follows:  Ayes - 10; Noes – 5 (Legislators Joseph, Kiefer, McBean-Clairborne, Proto, and Sigler).  MOTION APPROVED.  THE QUESTION WAS CALLED.

 A short roll call vote on the motion to approve the resolution resulted as follows:  Ayes - 13; Noes – 2 (Legislators Mackesey and McBean-Clairborne).  RESOLUTION ADOPTED.

 Ms. Kiefer inquired how Gadabout receives funding and was informed by Mr. Squires that the County pays quarterly, TCAT pays monthly.

 WHEREAS, Gadabout has been severely impacted by the steep increase in fuel costs resulting in an operating deficit, and
 WHEREAS, Gadabout’s requested $75,000 in funding from Tompkins County has not increased in ten years, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget and Capital Committees, That $20,000 be allocated from the Contingency Fund to cover unanticipated fuel costs for Gadabout,
 RESOLVED, further, That the Legislature requests that the Tompkins Consolidated Area Transit (TCAT) Board review Gadabout’s funding level,
 RESOLVED, further, That the Director of Finance be authorized to make the following budget appropriations:
 FROM:  A1990.54400  Contingency Fund  $20,000
 TO:  A5630.54400  Transportation Services  $20,000
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Report from the Budget and Capital Committee

 Mr. Koplinka-Loehr, Chair, reported the Committee met on September 28.  The next meeting will be on October 10th, and will include approval of the previous meeting’s minutes.  A draft schedule has been developed for that meeting, and the Committee will meet on October 12 to review remaining items requested by Legislators.

Report from the Public Safety Committee

 Mrs. McBean-Clairborne reported the Committee will meet on October 5th.

Report from the Workforce Diversity and Inclusion Committee

 Mrs. McBean-Clairborne reported the Committee met on September 27, and has been working on revising the Workforce Diversity logo as well as reviewing the bylaws that will incorporate the Affirmative Action work into the workforce diversity aspect.

Report from the Health and Human Services Committee

 Mr. Proto, Chairman, reported the Committee will meet on October 4th.  He reminded members of the Legislature of the Breast Cancer Alliance Walkathon information and reminded everyone this is Breast Cancer Awareness Month.

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

 Mr. Randall, Chair, reported the Committee met on September 26th, and was informed of the creation of a Sustainability Committee by the Public Works Cabinet; it will assist in developing services and policies to assist in bringing about awareness of energy conservation.   In addition, the Solid Waste five-year budget projection was reviewed and included amendments to indicate the financial projection for single-stream waste; a presentation on the single-stream solid waste facility in Syracuse was provided; and additional information on low-volume road maintenance was discussed.  Mr. Randall reported that the Committee will meet on October 11th at 3:30 p.m.

RESOLUTION NO. 173 - APPROPRIATION FROM CONTINGENT FUND - EMERGENCY  POWER GENERATION

 MOVED by Mr. Randall, seconded by Mr. Shinagawa.  A short roll call resulted as follows:  Ayes – 13; Noes – 2 (Legislators Kiefer and Sigler).  RESOLUTION ADOPTED.

WHEREAS, it is important to provide emergency power generation for County facilities in the event of an emergency or disaster situation, and
WHEREAS, the Emergency Management Strategy Group comprised of members from County Administration, Public Works, Health Department, Personnel, Information Technology Services, and Department of Emergency Response have presented a proposal for an emergency power generation plan for Biggs B, Mental Health, and Human Services buildings to be implemented over three years based on a Feasibility Report prepared by LaBella Associates dated June 27, 2006, and
WHEREAS, the first piece of the plan is for the design and installation of a portable 150 Kw emergency generator at Biggs B to serve the Health Department, totaling $90,000, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:
FROM:  A1990.54400  Contingent Fund  $90,000
TO:  A1601.59239  Construction Expense  $90,000
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Appointment to the Empire Zone Administration Board

 It was MOVED by Ms. Robertson, seconded by Ms. Herrera, to approve the recommended appointments by the Planning, Development and Environmental Quality Committee to the Empire Zone Administration Board.

 Ms. Kiefer expressed her disappointment in the process used to solicit applications noting that Tompkins County Area Development staff had already invited specific persons to serve.  She reported on having recommended several individuals apply, and although their resumes were dated the same as invited individuals, no consideration had been made.  She will not support the motion for this reason.

 Mr. Booth stated that a valuable individual whom he believes would have had a great deal to offer to the advisory board was not included, although additional seats could be made available.  He will not support the appointments for this reason.

 It was MOVED by Ms. Robertson, seconded by Ms. Herrera, to enter into an executive session to discuss personnel matters.  A voice vote on the motion resulted as follows:  Ayes -  5 (Legislators Dennis Herrera, Robertson, Shinagawa, and Stevenson); Noes - 10.  MOTION FAILED.

 Ms. Herrera stated when the topic was first brought up at Committee causing her to ask for a postponement of the vote and it was granted.   She said as a result of the short notice it has been determined to expand the membership; however, to resolve the request of the State to implement a working Administration Board the recommended membership should be approved.  She stated there is an opportunity to expand the membership in a fair and equitable geographical area.

 Mrs. McBean-Clairborne asked for clarification of the potential for additional membership on the Administration Board and the timeline involved.   Ms. Robertson indicated there is no maximum number of seats and any name may be suggested at any time; preferably as soon as possible.  The seats listed for the proposed membership are either mandated by State or was determined through the local law passed by the Legislature.  Ms. Robertson spoke of the potential of adding at-large seats in the future if desired.

 Mr. Proto asked that it be clear this resolution does not authorize or commit funding to TCAD for staff support for this function and was assured it does not.

 Ms. Kiefer replied to Ms. Robertson’s statements and noted that the seat designations have enough flexibility that the individual’s request to serve could have been accepted.

 It was MOVED by Mr. Stevenson, seconded by Mr. Proto, to call the question.  A voice vote on the motion resulted as follows:  Ayes - 15; Noes - 0.  MOTION APPROVED.  THE QUESTION WAS CALLED.

 A voice vote on the original motion to approve the following appointments to the Local Empire Zone Administration Board resulted as follows:  Ayes - 10; Noes – 5 (Legislators Booth, Kiefer, Mackesey, Shinagawa, and Stevenson).  APPOINTMENTS APPROVED.

David W. Sprague – Local Business representative
Michael Hattery - Residential representative
Nels Bohn – Community Organization representative
Carl E. Haynes – Local Educational Institution representative
Michelle Benedict-Jones – Financial Institution representative
Michael W. Tolarski – Organized Labor representative
Jean McPheeters – Local Business representative
Ed Marx – Commissioner of Planning (Chair)
 

Adjournment

 On motion the meeting adjourned at 9:20 p.m.
 

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