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:  13 Legislators; Ms. Schuler arrived at 5:54 p.m.; Excused – 1 (Legislator Robertson)

Presentation of Proclamation(s)

 Chair Joseph presented the following proclamations:
· Cornell Cooperative Extension Week and National 4-H Week in Tompkins County - Ms. Megan Tifft, 4-H Team Coordinator and Ms. Lauren Liotti, 4-H Team Ambassador accepted the proclamation.  Ms. Liotti thanked the Legislature and stated 4-H is more than just a fun activity for youth, it provides a great deal of knowledge
· Tompkins County Public Library Staff Recognition Day (October 12, 2005) - Ms. Christine Schepker and Ms. Bonnie Wojnowski accepted the proclamation and requested individuals utilize the wonderful facility that is provided.

Privilege of the Floor by the Public

 Shane Seger, City of Ithaca Resident, made the following statement:

"I am here to speak in support of the resolution that opposes discrimination by the United States  military.

"I want to thank Kathy Luz Herrera and Tim Joseph for their leadership in bringing this issue and this resolution to the County Legislature.

  "A few months ago, members of the Cornell and Ithaca community approached me to help organize a response to a very serious issue. Some local institutions, which operate within our City and our County are not in compliance with local nondiscrimination law because the Federal Government has passed legislation which attaches certain conditions, requirements, or strings if you will, to federal funds that they may receive.

  "The specific issue that is currently getting the most press because of a pending Supreme Court Case, is the Solomon Amendment, which requires higher education institutions to provide access to students by military recruiters or face the possibility of having federal funds taken away.

  "As I'm sure you also know, the military perpetuates discrimination in recruiting by barring openly gay and lesbian service members. Institutions that have policies requiring recruiters to not discriminate are put in a difficult position to either turn away millions of dollars of federal funding or facilitate discrimination and be in direct conflict with local nondiscrimination law. (Imagine what a difficult decision you might face if you were a very large research institution who depends on hundreds of millions of federal research dollars.)

"Through conversations with community members and elected officials, it became clear that the bodies which pass the local laws which are being ignored may want to make a strong statement that they don't condone this discrimination, and that they reaffirm their value of inclusiveness. A statement in the form of the resolution that you are considering today would also create awareness around the issue, and serve the purpose of lobbying federal elected officials for change in discriminatory policies such as Don't Ask, Don't Tell. Rescinding this policy would remove the sticky situation our local educational institutions find themselves in.

  "I encourage you to make this strong statement in support of LGBT [lesbian, gay, bisexual, transgender] members of our community."

Privilege of the Floor by Legislators

 Mr. Winch, District No. 8 Legislator, reported the New York State Association of Environmental Management Councils will meet this weekend.  At this event Tompkins County will be receiving a first-place award for their work related to the Open Burning campaign that has been conducted.  He congratulated the membership of the Environmental Management Council for their work and noted they previously won an award for the work on Unique Natural Areas.

 Mr. Proto, District No. 7 Legislator, reported on his concerns regarding utility bills.  He called the manager of New York State Electric and Gas Corporation in an attempt to discuss the thirty percent increase in utility costs already seen, and, in particular, how the company is valuing gas stored in the Watkins Glen area.  Mr. Proto said this gas was a result of a pipeline in Danby that had a spur to assist in providing a lower cost to local residents.  He does not believe in charging a higher price for the gas that is stored at a lower cost.  Mr. Proto spoke to a customer service representative of the firm earlier in the week and is awaiting a response.  He then spoke of the Universal Service Charge on telephone bills, saying he is still awaiting additional information on a study being conducted by the Public Service Commission.

 Mr. Proto announced that the union members of Tompkins Consolidated Area Transit (TCAT) ratified their contract agreement over the weekend for a three-year period.  He expressed gratitude to the members of the Legislature who participated in negotiations as well as Mr. Joe Turcotte and Hank Dullea.  Mr. Proto spoke of the increase in ridership recently that he believes to be connected to the higher cost of gasoline.  When comparing September 2005 to September 2004 the actual riders increased from 256,473 to 347,723 - a 36 percent increase.  The August figures also increased from the prior year with a 28 percent increase, 18 percent being rural routes.  Mr. Proto also wanted to note that Cornell University staff and faculty riders for the month of August comprised 38 percent of the riders.

 Mr. Booth, District No. 3 Legislator, reminded Legislators of Ms. Coles, Common Council Member's, statements regarding a decision to determine the most appropriate choices for the City of Ithaca's water system.  He had suggested to tie in with the Bolton Point Water System as well as maintain the present system, and acknowledged that doing so would increase the cost of water.  Mr. Booth said the delivered cost is less than four-tenths of a cent per gallon.  He believes that water is basically given away which is why there is so much waste of this natural resource.

Mr. Todd, District No. 6 Legislator, reported that following the increase in gasoline prices he has seen a significant increase in the use of Park and Ride locations in the Town of Lansing.  In addition, as a member of the Cooperative Extension board, he clarified that Cooperative Extension's funding averages out to one-third federal, one-third state, and one-third county funding.

Mr. Lane, District No. 14 Legislator, announced that on September 30th the Dryden Neptune Fire Company sponsored a free dinner to the community to express appreciation for the support received.  He expressed appreciation for the volunteers of the fire department and congratulated them on their efforts in the community.

Report from the Chair

Mr. Joseph, Chair, announced he had received a compact disk from New York State Association of Counties that provided information on the annual salary survey and employees benefits report, 2005 directives, and 2005 legislative update.

Report from the County Administrator

 Mr. Whicher reported he has received a resignation letter from Workforce Development Director Deborah Giordano who will be accepting a position in Texas shortly, and a letter of intent from long-time Office for the Aging Director Irene Stein.  He said Ms. Stein plans to retire next spring and noted the County will miss her counsel.  Ms. Blanchard said with regard to Ms. Giordano's resignation, the Workforce Development Board met earlier in the day and are developing an interim management plan that will address questions asked by the Legislature and others regarding the operation.

Mr. Whicher called attention to the memo provided to Legislators regarding the Environmental Impact Statement on the Communications Capital Project placed on desks this evening.  He said formal negotiations with Motorola began last Friday and he is pleased on how it is progressing.  Additionally, he is developing a draft recommendation regarding subscriber equipment that will be reviewed by the Public Safety Committee at its next meeting, with a final recommendation coming forth in November.  Mr. Whicher reviewed the information contained in the memo for the dates of the environmental review.

Ms. Schuler arrived at this time.

Ms. Kiefer recalled an earlier understand that the Environmental Management Council's Environmental Review Committee will have an opportunity to review the Draft Environmental Impact Statement prior to the Legislature needing to determine if it is ready for public review and asked when it is on the schedule.  Mr. Whicher said he would look into it.

Report from the County Attorney

 Mr. Flash, Assistant County Attorney, had no report.

Report from the Finance Director

 Mr. Squires reported filing and mailing of annual foreclosure notices.  He stated it is important to recognize the time sensitivity of the documents as not responding can cause a loss of property.  At this time there are 148 individual tax liens subject to the foreclosure process, which is an average number.  The final date to pay to redeem is January 6, 2006.  Mr. Squires will provide each Legislator with a listing of property owners in their districts for review.

Addition of Resolution(s) to the Agenda

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

Withdrawal of Resolution(s) from the Agenda

 There were no resolution(s) withdrawn from the agenda.

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

 There were no appointments presented.

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

RESOLUTION NO. 192 - INTERDEPARTMENTAL BUDGET TRANSFERS FROM ADMINISTRATION AND HIGHWAY TO PLANNING

It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda.

WHEREAS, Tompkins County has combined the positions of Commissioner of Planning and Commissioner of Public Works into a single position of Commissioner of Planning and Public Works, and
WHEREAS, the new position is located in the Planning Department for budgetary purposes, and
WHEREAS, for the remainder of 2005 one-half of the salary and fringe can be paid from the Planning Department budget, and funds from temporarily unfilled positions in Administration and Highway are available to fund the remaining one-half of the position’s salary and fringe, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality, Facilities and Infrastructure, Government Operations and Budget and Capital Committees, That $24,902 be transferred from Highway and Administration to cover one-half of the Commissioner of Planning and Public Works' salary and fringe for 2005,
RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget transfers:

 FROM:  A5110.51000837 Highway Salary                $  8,958
   A5110.58800  Highway Fringe     $  3,493
   A1230.51000282 Administration Salary  $  8,958
   A1230.58800  Administration Fringe  $  3,493

 TO:  A8020.51000243 Planning Salary   $17,916
   A8020.58800  Planning Fringe   $  6,986

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RESOLUTION  NO. 193 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS

 It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, Tompkins County desires to maintain an official record of the 2005 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 2006 based upon the July 1, 2005 County of Tompkins Final Assessment Roll.
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RESOLUTION NO. 194 - APPROVAL OF DESIGNATIONS OF SUCCESSORS

 It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, Section 31.07 of the County Charter specifies that the County Administrator and specified department heads shall designate in writing, and in order of succession, the deputies (or in the absence of officially designated deputies, the employees of the department) who shall possess the powers and perform the duties of the principal in the event of the latter’s absence from the County or inability to perform or exercise the powers of the office, and
WHEREAS, the Charter further requires those designations, except department heads elected on a county-wide basis, to be approved by the Tompkins County Legislature, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the following designations of successors are hereby approved,
RESOLVED, further, That this list is complete and supercedes all previous designations:

Airport Manager:    Assistant Airport Manager
                             Airport Terminal Services Coordinator
                             Operations Supervisor

County Administrator:     Deputy County Administrator
                                      County Attorney
                                      Finance Director

County Attorney:   Deputy County Attorney
                             Assistant County Attorney

Commissioner of Social   Director of Services
  Services:                       Director of Administrative Services
                                      Department of Social Services Staff Development Specialist
                                      Supervising Department of Social Services Attorney

Director of Emergency    CAD Systems Coordinator
Response:                       Administrative Assistant

Public Health Director:   Public Health Administrator
                                     Director of Patient Services

Medical Examiner:   Deputy Medical Examiner, William Klepack, M.D.
                               Deputy Medical Examiner, David Newman, M.D.

Mental Health Commissioner:  Deputy Commissioner Mental Health
                                               Medical Director
                                               Director of Mental Health Clinic
                                               Clinic Supervisor

Director of Finance:   Budget and Finance Manager
                                 Director of Accounting Services

Commissioner of Personnel:  Deputy Commissioner of Personnel
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RESOLUTION NO. 195 -  APPOINTMENT OF REPUBLICAN ELECTION COMMISSIONER FOR 2006 - 2007

 It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, Election Commissioner Elizabeth W. Cree term is due to expire December 31, 2005, and
WHEREAS, the Tompkins County Republican Committee, at its September 26, 2005, meeting recommended Elizabeth W. Cree for reappointment to a two-year term, now therefore be it
 RESOLVED, on recommendation of the Tompkins County Republican Committee and the Government Operations Committee, That Elizabeth W. Cree be and hereby is appointed Republican Party Elections Commissioner for the two-year term commencing January 1, 2006, and ending December 31, 2007.
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Report and Presentation of Resolution(s) from the Budget and Capital Committee

 Mr. Koplinka-Loehr, Chair, said the Committee has not met in its regular form since the last meeting but as a Committee of the whole for Expanded Budget Committee meetings, with the exception of a meeting just prior to the Legislature meeting to consider a resolution.  He asked Legislators to advise him as soon as possible of items to be added to the Expanded Budget Committee's upcoming meetings in order to provide advance notice to appropriate Department Heads.

RESOLUTION NO. 196 - PROVIDING EXEMPTIONS FOR RETAIL SALES OF RESIDENTIAL SOLAR ENERGY SYSTEMS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, OR FOR THE USE OF, PROPERTY AND SERVICES EXEMPT FROM STATE SALES AND COMPENSATING USE TAXES PURSUANT TO SUBDIVISION (EE) OF SECTION 1115 OF THE NEW YORK TAX LAW, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.  Mr. Penniman said that while he supports the resolution he requests to abstain from the vote due to a potential gain he and his partners may receive due to installation of photovoltalic panels on a 22-unit apartment on South Hill.  He also noted he has been informed that there still is no option for commercial projects to provide net metering sales to utility companies; he hopes the State will change that law.

Ms. Kiefer requested the title be amended to indicate sales are "retail sales of residential energy", which was accepted as friendly.  Mr. Koplinka-Loehr said the Committee amended the resolution to provide for a sunset December 1, 2008.  It was noted that the State may reject this clause.

Mr. Proto asked if any other types of energy savings such as wind power would be exempted.  Mr. Koplinka-Loehr said not for the purposes of this resolution.  Mr. Proto said this type of system is expensive and he felt individuals doing so could afford the sales tax.

Mr. Booth stated the reason for the sunset is to provide information to determine how much revenue would be lost by the resolution, which is anticipated to be minimal.  Mr. Joseph said this resolution is due to a State decision to exempt the tax and is offering the County the option as well.

A voice vote on the motion resulted as follows:  Ayes - 13; Noes - 0; Abstained - 1 (Legislator Penniman); Excused - 1 (Legislator Robertson).  RESOLUTION ADOPTED.

 WHEREAS, the County desires to exempt from local taxation the receipts from retail sales of residential solar energy systems, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That it be enacted by the Legislature of the County of Tompkins as follows:
 SECTION 1.  Section six of Resolution No. 256A of 1966, as amended, is amended by adding a new subdivision (h) to read as follows:
(h) Receipts from sales of and consideration given or contracted to be given for, or for the use of, property and services exempt from State sales and compensating use taxes pursuant to subdivision (ee) of Section 1115 of the New York Tax Law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction.
 SECTION 2.  This resolution shall take effect December 1, 2005, and shall apply to sales made, services rendered and uses occurring on and after that date in accordance with the applicable transitional provisions in Sections 1106, 1216 and 1217 of the New York Tax Law,
RESOLVED, further, That this will end on December 1, 2008.
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Report and Presentation of Resolution(s) from the Government Operations Committee

 Mr. Lane, Chair, reported the Committee met on September 21, 2005, and received a report regarding projected costs associated with the Help America Vote Act requirement for the County to centralize the voting equipment process, specifically determination of various charge backs and bill backs.  Once compiled these estimated figures will be brought forth to the Budget Committee.  Mr. Lane reported the issue of record keeping and minute taking was discussed and noted there are varied opinions on what level of detail should be maintained.  He said it was believed by some that action-only minutes would not provide the minority opinion properly.  Mr. Lane said the report provided by the Minute Taking Task Force indicates procedures that should be adhered to.  Mr. Whicher will explore this further through the new organization he recently joined called International City/County Management Association. He then said the Committee discussed orientation of new Legislators to determine a formal process for incoming members to include departmental tours, introduction of staff, information regarding state retirement, and other areas of the County's procedure and Charter, etc.   Mr. Lane said the September 28, 2005, was devoted mainly to a review of the County Administrator's goals and objectives.  A finalized version will be provided to the Committee and subsequently brought forth to the full Legislature.  Ms. Kiefer noted the goals and objectives to be submitted by the County Administrator are for the two years 2005-2006.

RESOLUTION NO. 197 - RESOLUTION OF OPPOSITION TO DISCRIMINATION BY THE UNITED STATES MILITARY

 It was MOVED by Ms. Herrera, seconded by Mr. Lane.  Ms. Herrera said the resolution will make community values stated in local legislation consistent with policy and practices followed within the community.  She explained the resolution came about as a result of discussions and education; Mr. Seger has written a resolution to go before the City of Ithaca Common Council addressing the same topic.  Ms. Herrera believes this addresses the quandary that major institutions are put in by the Federal law expressed by the military policy of "don't ask, don't tell" that withholds funding if military recruiting is disallowed on campuses.  She feels that under the Solomon Amendment individuals are being denied opportunities to develop a career and serve their country.  Ms. Herrera appreciated Cornell University's also addressing their concerns on this issue.  The Supreme Court will be reviewing arguments on this topic December 6, 2005.

Mrs. McBean-Clairborne expressed appreciation that this resolution came forward.  She said the Workforce and Diversity Inclusion Committee gave full support and provided recommendations to make it stronger in some respects and thanked members for their assistance.  She spoke of how the military offers the opportunity for a career to individuals and she would like to see all barriers to joining removed.

Ms. Kiefer desired to point out that the military adopted policy of "Don't Ask, Don't Tell" was a way to allow homosexual individuals to serve given the Federal law that would deny them the ability to do so.  She believes changes need to be made at the federal level that would then allow the military to be free to openly recruit all individuals.

Mr. Joseph agreed that the problem is not "Don't Ask, Don’t' Tell"; it is the underlying law.  He  has met with the Mayor and City Attorney as well as Cornell University representatives to discuss how to best deal with discriminatory recruitment on campus as it is a violation of local law, but not federal law.  These discussions were to find a way to oppose this kind of discrimination; he stated Cornell University's involvement was both involved and sincere, and Cornell has Cornell University joins with Columbia, Harvard, NYU, Penn, U Chicago, and Yale in filing an amicus brief with the Supreme Court in the FAIR case challenging the constitutionality of the Solomon Amendment on military recruitment on college campuses.

Mr. Proto expressed a desire to be certain that whatever occurs it does not veer an individual who is interested in serving from speaking to a recruiter.  He is concerned about the second resolved as it may relate to public school districts and how other elected officials such as school boards may be required to determine the interpretation of local law versus federal law and whether County funding would be affected.

Ms. Herrera stated the federal law preempts local law; the intent of the resolution is to ask that they recognize and understand the County sees the difference caused and would like to see action clarified.  Mr. Joseph said the public schools will be informed as by law recruiters are allowed to come to the public schools.  Mr. Booth said our resolution does not specify actions; if the discrimination code from years ago is read there are interpretation questions on how and why recruiters may be allowed to come to the facilities.  The language is useful but doesn't call for action.

A voice vote on the resolution resulted as follows:  Ayes - 13; Noes - 1 (Legislator Winch); Excused - 1 (Legislator Robertson).  RESOLUTION ADOPTED.

 WHEREAS, on May 2, 2005, the United States Supreme Court announced it will hear Rumsfeld v. Forum for Academic and Institutional Reform (FAIR), a case challenging the so-called "Solomon Amendment", and arguments will be heard on December 6, 2005, and
 WHEREAS, the Solomon amendment, passed in 1995, mandates that schools give military recruiters the same access to students and resources for recruitment as they would for other employers, although the military's policy of "Don't Ask, Don't Tell" is at odds with institutional and community non-discrimination policies, and
 WHEREAS, the Solomon amendment also threatens loss of federal funds to institutions that do not comply, and
 WHEREAS, on September 21, 2005, Cornell University announced it has joined Yale, Columbia, Harvard, New York University, the University of Pennsylvania, and the University of Chicago, in a friend-of-the-court brief in support of law school professors and administrators challenging the constitutionality of the Solomon Amendment, and
 WHEREAS, County Code Chapter 92 – Section 92-5 (B)(1) prohibits discrimination on the basis of gender identity and expression or sexual orientation in employment, and in referrals for employment, and
 WHEREAS, County Code Chapter 92 – Section 92-5 (B)(4) prohibits discrimination by an education corporation on the basis of gender identity and expression or sexual orientation, and
 WHEREAS, these policies reflect a broader community value in support of inclusiveness, and,
 WHEREAS, the County’s nondiscrimination policies and the value placed on inclusiveness have helped our community's employers attract the best employees, have helped to attract many gifted tradespersons, artists, and other contributors to our community, and helped create a welcoming atmosphere that is among the most diverse, vibrant, and unique in New York State, and
 WHEREAS, discrimination, including on the basis of gender identity and expression or sexual orientation, unfortunately still occurs within Tompkins County, to the detriment of the entire County and to all of its residents, and
 WHEREAS, this discrimination includes recruitment efforts by the U.S. Military, which efforts are being facilitated by local educational institutions that operate within the County, and
 WHEREAS, if the County were to attempt to enforce County Code Chapter 92 against such local institutions with respect to facilitating recruitment efforts by the U.S. military it would likely face a strong claim of federal pre-emption based on the so-called Solomon Amendment, now therefore be it
 RESOLVED, That the County Legislature strongly reaffirms its recognition of the value of nondiscrimination and its commitment to the County’s nondiscrimination law,
 RESOLVED, That the County calls on all institutions operating within the County to comply fully with County Code Chapter 92, to take strong and meaningful public positions in support of members of this community,
 RESOLVED, further, That the County urges appropriate organizations to lobby federal elected officials to reform military policy (including “Don’t Ask, Don’t Tell”) so that the U.S. military no longer discriminates on the basis of gender identity and expression and sexual orientation,
 RESOLVED, further, That copies of this resolution shall be sent to President George W. Bush, Secretary of Defense Donald Rumsfeld, United States Senators Charles Schumer and Hillary Clinton; Congressmen Maurice Hinchey, Sherwood Boehlert, Randy Kuhl, New York State Governor George Pataki; New York State Senators Michael Nozzolio, James Seward, George Winner; and Assemblywoman Barbara Lifton, Cornell University Interim President Hunter R. Rawlings III, Ithaca College President Peggy Williams, Tompkins Cortland Community College President Carl Haynes,  Tompkins County school districts.
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Report and Presentation of Resolution(s) from the Public Safety Committee

Mrs. McBean-Clairborne, Chair, said the Committee will meet on October 6th and will review the Environmental Impact Statement and timeline for the Communication Project as well as preliminary discussions regarding subscriber equipment.  It is expected to continue discussing subscriber equipment at the November meeting.

Report from the Workforce Diversity and Inclusion Committee

 Mrs. McBean-Clairborne, Chair, reported the Committee met on September 28, 2005, and reviewed work being done by the various subcommittees.  In addition, Ms. Herrera brought forth the resolution just passed by the Legislature.  She said the final Resource Guide will be forwarded to departments.  In addition, the Committee is working on a draft retention plan to be reviewed, which will be discussed at the October 26 meeting.  The work being done by the committee will be utilized to amend the County diversity plan. Mrs. McBean-Clairborne said the Policy Committee will review how to enforce the diversity statement; she noted two designs came forth to the Committee and both were chosen.  She reported the next meeting will include the idea of voluntary disclosure statements on forms.

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

Mr. Penniman reported the Committee met on September 27th when it heard reports from the Solid Waste Division relating to an amended budget that had been presented to the Expanded Budget Committee and improvements for traffic flow and signage at the facility.  It is expected to hear additional information regarding ways to alleviate the traffic problems at the facility in the next two weeks.  Mr. Penniman reported on two items within the 2006 budget to consider:  (1) the Caswell leachate proposal will be a cost-effective method of removing leachate from the site; and (2) the revised schedule for highway projects that were postponed by the State due to funding/administrative issues.  Mr. Penniman reported discussions regarding the Hanshaw Road and Coddington Road projects took place and public meetings regarding design are scheduled.  He then spoke of Mr. LeMaro report on work undertaken at the Biggs B site due to damp insulation removal and efforts to reduce condensation levels.  Thus far $60,000 has been expended and it is believed a contingent fund request will be forthcoming.  Ms. Schuler said there has been vandalism of solar panels on the library as a result of individuals throwing stones from the new parking garage adjacent to the library.

RESOLUTION NO. 198 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY – HIGHWAY DIVISION (ASSOCIATE CIVIL ENGINEER)

 It was MOVED by Mr. Penniman, seconded by Mr. Booth.  A short roll call vote resulted as follows:  Ayes - 14; Noes - 0; Excused - 1 (Legislator Robertson).  RESOLUTION ADOPTED.

 WHEREAS, the Highway Division had one employee, in the title of Associate Civil Engineer, with terminated employment effective September 7, 2005, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay replacement from the Contingent Fund, 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 appropriations:

FROM: A1990.54440  Contingent Fund   $  7,761.62

TO: DM5110.51000837 Salary – Associate Civil Engineer $  7,761.62
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RESOLUTION NO. 199 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY – HIGHWAY DIVISION (ADMINISTRATIVE ASSISTANT)

 It was MOVED by Mr. Penniman, seconded by Ms. Schuler A short roll call vote resulted as follows:  Ayes - 14; Noes - 0; Excused - 1 (Legislator Robertson).  RESOLUTION ADOPTED.

 WHEREAS, the Highway Division had one employee, in the title of Administrative Assistant, with terminated employment effective August 17, 2005, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay replacement from the Contingent Fund, 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 appropriations:

FROM: A1990.54440 Contingent Fund $  1,795.71

TO: DM5010.51000535 Salary – Administrative Assistant $  1,795.71
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RESOLUTION NO. 200 - AUTHORIZATION TO ASSESS A SURCHARGE FOR UNCOVERED LOADS AT THE RECYCLING AND SOLID WASTE CENTER

 It was MOVED by Mr. Penniman, seconded by Mr. Winch.  Mr. Proto said this resolution was due to questions received from contractors several months ago relating to fines assessed for uncovered loads.  He expressed concern as it is the Legislature who reserves right for fees and it had not approved this.  Mr. Penniman said the State Law requires loads to be covered.  Solid Waste determined to put this surcharge in place to reinforce it due to the number of uncovered loads.  Ms. Eckstrom provided this information to Facilities and Infrastructure in advance and that for the month prior to initiating this fee had advertised this procedure.  Since the implementation uncovered loads have been minimal.

Mr. Proto said other Boards and Committees continually provide fee information; he believes that the fees should be periodically readdressed to remind residents of this potential fee for uncovered loads.  He suggested that a brochure be provided when consumers purchase the recycling use stickers.  Mr. Penniman said attempts had been made to inform residents of the requirement to cover the load without having a surcharge; the results were not successful.  Upon implementation of the surcharge the regulation is now being followed.  Mr. Proto inquired if the fine would require sharing it with the State due to this being a State regulation.

Mr. Winch said this has been the rule for some time and is in agreement to see what can be done to further educate the public.  He is supportive of this resolution as a means to have people comply with the regulation.  He stressed that it is important to realize that the term "secured with a tarp" means the entire tarp so as to prevent refuse from blowing out from under it.

Mr. Booth said he was not certain if the fee would need to be shared with the State.

Mr. Lane expressed concern that if the surcharge is too high it may discourage individuals from taking their solid waste to the facility and there would be more illegal dumping.

Mr. Proto asked if the first offense could be a warning and asked what has happened with the surcharge to date.  Mr. Penniman stated normally the Facility is telling people of the potential fine and provide tarps at a cost of five dollars to put on in order to avoid the fine.

A voice vote on the resolution resulted as follows:  Ayes - 13; Noes - 1 (Legislator Proto); Excused - 1 (Legislator Robertson).  RESOLUTION ADOPTED.

 WHEREAS, New York State regulations require that all loads arriving at the Department of Environmental Conservation (DEC)-permitted Solid Waste Facility be covered and secured, and
 WHEREAS, since 2003 the number of citation for vehicles with uncovered loads has more than doubled with a corresponding increase in the number of uncovered vehicles entering the Recycling and Solid Waste Center (RSWC), and
WHEREAS, since implementing the uncovered load surcharge in April of 2005 the number of vehicles with uncovered loads arriving at the RSWC has decreased from 110 per month to 10, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the Facilities and Infrastructure Committee re-confirms its previous authorization of these fees,
RESOLVED, further, That the County continue to assess the uncovered load surcharges for the remainder of 2005 and 2006 as follows:

 First Offense   $10.00 (with tarp provided by the County)
 Second Offense   $20.00
 Third Offense or Greater $40.00
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Report from the Health and Human Services Committee

 Mr. Winch, Vice Chair, reported the Committee will meet on October 5, 2005, when it will be introduced to the new SPCA Director Jeff Lyden and will hear a presentation regarding home heating from Cooperative Extension.  Mrs. McBean-Clairborne said Cooperative Extension will be holding its annual meeting, at which time Mr. Winch will receive their highest recognition for his extensive work over the years.

Mr. Penniman noted that due to high gasoline and energy costs the credit card companies are already reporting on consumers missing payments.  Mr. Winch expressed concern for the elderly due to the cost of heating fuel affecting their ability to buy other consumables.    Mrs. McBean-Clairborne stated a number of proposals at various levels are being discussed regarding the heating fuel issue.

Report from the Air Service Committee

 Ms. Blanchard, Chair, reported the Committee met on September 28th for an extended session dealing primarily with strategic planning.  It is hoped to finish this discussion on October 11th in anticipation of reporting to the Facilities and Infrastructure Committee and the Legislature.  At that time information regarding the work plan investment for the airport, the highlight mission/vision long-range outlook, an a phase-in of changes in the a governance will be presented.  Ms. Blanchard expressed appreciation to Mr. McDaniels from Cornell University for providing the facilitator for the meeting.  Ms. Blanchard reported at this time the revenue/expense figures for the airport are at a good level.

Report from the Planning, Development and Environmental Quality Committee

 Ms. Herrera, Chair, announced that fellow Legislator Dan Winch will be receiving the Cooperative Extension's highest award, "Friend of Extension".  She said the award recognizes the commitment shown by Mr. Winch to amend regulations regarding Open Burning.  Ms. Herrera said congratulations are in order for Heather Filiberto, Planner, for her assistance in this project.  She announced the Committee will meet on October 5th and will consider resolutions relating to acceptance of grants for the Small Cities program and the snowmobile trails; creation of a capital reserve fund for natural and recreational resource protection; continue discussion regarding the purchase of agricultural easements; and review the proposal for beautification grants; and consider resolutions to fund Community Celebrations Grants, Tourism Marketing and Advertising Grants, Tourism Project Grants, and Tourism New Initiatives Grants.

 Mr. Whicher said he would like to note the previously mentioned Environmental Impact Study is a very complicated process; he would like to thank Deputy Planning Commissioner Joan Jurkowich, Katie Borgella, Planner, and Wendy Skinner, Public Information Officer for their work planning and coordinating the process.

 Mr. Proto reported that last Friday he attended a ceremony attended by Assemblywoman Lifton; the Town of Caroline received two designations for listing on the National Registry for Historic Buildings - the Town Hall and the Meeting Hall located in Speedsville.  He expressed gratitude to Planning Department staff who assisted in providing information necessary to do this.

Adjournment

 On motion the meeting adjourned at 6:58 p.m.