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

Ms. Mink asked that a moment of silence be observed in remembrance of James Schug, former Town of Dryden Supervisor, who recently passed away.

Pledge of Allegiance to the Flag and Roll Call of Members

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

Present: 14 Representatives. Vacancy – 1 (District No. 2)

Presentation of Proclamation(s)

Chair Mink presented a proclamation to Barbara Wilcox Theusen declaring October 19, 2001 to be Wilcox Press Day in Tompkins County in celebration of 100 years of business.

Privilege of the Floor by the Public

Ed Hooks, Town of Newfield Attorney, spoke to the Board regarding the Beach Road Bridge. He said this bridge was taken over by the County in 1946 but never officially abandoned by the County. Mr. Hooks said the bridge is in a state of disrepair and needs immediate attention. There has been correspondence between the Town Supervisor and various representatives of the County’s Engineering Division to see who is responsible for maintenance of the bridge. Mr. Hooks said there is a great concern for the safety of individuals who are using the bridge, with the majority being school children. He asked that the Board work with the Town to solve these problems as expeditiously as possible.

Charles Berggren, Town of Newfield Supervisor, spoke regarding the Beach Road Bridge. He said the bridge is in very poor shape but the Town was told if it begins working on the bridge it would be interpreted that the Town is taking ownership. Mr. Berggren said the Bridge is used by children to get to school and there is a serious potential for one of those children to get injured.

Lois Beach, Town of Newfield resident, spoke regarding the Beach Road Bridge. Ms. Beach said many children and adults use this bridge, and is the only safe route to cross from Bank Street to Main Street. Ms. Beach spoke of ownership of the bridge and said the Town of Newfield Clerk has found no record that ownership of this bridge was transferred from the County to the Town. The County claims it gave back all pedestrian bridges to the towns. She said because there is disagreement as to the ownership, the bridge does not receive any maintenance and continues to deteriorate. She noted that the bridge could get on the historic register, but to do so, ownership must be shown.

Alan Cohen, City of Ithaca Mayor, extended condolences to the Town of Dryden for the loss of James Schug. He said he worked with Jim on several issues and will miss him. Mr. Cohen also spoke about the City of Ithaca budget and the events of September 11^th. He said the loss in revenue at the State level will directly impact many programs and agencies in the City. Mr. Cohen said there is concern over the drop in consumer confidence; therefore, the budget he has submitted shows no growth in sales tax revenues. He said there are several concerns that the City has in regard to the budget, and asked that the County consider delaying the start of the tax exemption on clothing that is scheduled to begin in March, 2002; for the salke of the City's fiscal integrity.

Olin Mack, Executive Director of OAR (Offender Aid and Restoration), said he is speaking to the Board as a follow-up to a letter distributed to all Board members last week. The letter described changes that have made the agency unable to operate in as cost-effective manner as they have over the past twenty-seven years due to changes at the Sheriff’s Department.

Tony Sutherland, OAR volunteer, said prior to the changes implemented by the Sheriff’s Department she visited the Jail three times a week. The service delivery model was one that allowed them to see up to 90 inmates in a three-hour time period. She said they regularly work in close contact with many agencies and were able to assist inmates in processing many applications for various agencies. Ms. Sutherland said the changes that have been instituted at the Jail allow them to only serve few because they must now meet inmates individually in a different location.

Cindy Overstreet, Member of the OAR Board of Directors, spoke concerning recent changes that have been implemented at the Tompkins County Jail. She said OAR runs several alternative to incarceration programs at the Tompkins County Jail. She said that previously OAR staff remained in the hallway, speaking to inmates through metal grates. Ms. Overstreet said the current practice is no safer and actually makes more work for Jail staff. She said OAR would like to find some solutions that will be effective for all the County agencies and that will continue to provide cost-effective solutions that all service providers are facing.

Joel Ray, Member of the OAR Board of Directors, also spoke concerning recent changes that have been implemented at the Tompkins County Jail. He said OAR has been running its program for 25 years and have been serving inmates in the Jail through the hallway during that entire time. He said the basic justifications for the recent changes that have been implemented were staff shortages and security issues. Mr. Ray said it is his understanding from speaking to staff that neither of those justifications are correct and in fact, staff at the Sheriff’s Department are now working harder. He asked that the Board urge Sheriff Meskill to restore the original service model for OAR.

Sheriff Peter Meskill said he and Debra Neimi, Jail Administrator, just returned from a meeting in Albany today with the New York State Commission of Corrections where they reviewed the 1999 variance and reduced it slightly. He said the maximum number of beds at the Tompkins County Jail will now be 103. Mr. Meskill said the Commission of Corrections will be sending a letter to the County asking for representatives to attend a meeting in February to discuss the variance and to ask what the County’s plan of action will be.

Sheriff Meskill also spoke of the recent bioterrism attacks on the United States. He spoke of an opinion piece that appeared in the Philedelphia Enquirer on October 14^th. He read a paragraph from that article: "Even as this new threat continues to unfold, it is important for Americans to keep one thought uppermost – the greatest threat from Anthrax or any other bioweapons, remains the psychological one.

Privilege of the Floor by Board Members

Mr. Stein, District No. 3 Representative, said he received a telephone call from a constituent this evening who had received a package that had white powder on it. He asked for clarification as to what members of the public should do if they find themselves in a similar situation.

Ms. Mink said a forum on that subject will be held this week, the content of which will be disseminated in the community. She said it is important that very informative messages be delivered by the appropriate agencies frequently.

Mr. Totman, District No. 9 Representative, spoke concerning the comments made earlier in this meeting by OAR staff and volunteers in regard to the changes implemented by the Sheriff at the Jail. Mr. Totman said this has been discussed by the Public Safety Committee and has asked what takes place in other counties. He said he is not aware of any other jail that allows outside individuals to have free access to their facilities.

Mr. Proto, District No. 7 Representative, reminded the Board that a former Board member, Reverend Jimmy Mike used to have such access but a couple of years ago the Sheriff instituted an identification policy that he required all individuals to abide by. Although that was an inconvenience, it was eventually accepted and is now common practice.

Mr. Joseph, District No. 12 Representative, spoke regarding access to the Jail by OAR staff. He feels there is a significant difference in the service that agency provides in comparison to other agencies. He said the program they are attempting to run requires them to have the opportunity to speak with everyone in the jail. He said to bring each inmate to a separate room makes it impossible to accomplish their work.

Mr. Lane, District No. 14 Representative, spoke of the loss of James Schug, former Town of Dryden Supervisor. He said Jim was the kind of person who cared about people and who accomplished what he set out to do. Jim Schug worked very hard to keep Wilcox Press in business even though he ran his own printing company. He said Mr. Schug was active in economic development efforts and was instrumental in keeping the Dryden Armory in Tompkins County. Mr. Lane said Jim Schug made many contributions to Tompkins County as well as Dryden and will be greatly missed.

Mr. Lalley, District No. 14 Representative, also spoke of the passing of James Schug. Mr. Lalley said Jim Schug introduced him to local politics in the Town of Dryden. He said Mr. Schug was appreciative of everyone’s efforts and always worked on making the right things happen.

Mr. Penniman, District No. 15 Representative, announced the new Ulysses Philomathic Library is open. He said it is a beautiful building that is approximately three times the size of the old building. Mr. Penniman said it was built with many donated materials and labor and encouraged everyone to visit. Mr. Penniman reported an Inter-County meeting will be held on October 19^th with the Western Counties Association. He said he has additional information if any Board member is interested.

Mr. Proto, District No. 7 Representative, said this Board has been very supportive of the community revitalization effort and invited everyone to attend the Brooktondale Apple Festival on October 20^th at 10 a.m. He announced there will also be a harvest dinner at 5 p.m. in Speedsville.

Mrs. Schuler, District No. 4 Representative, reported she and Representative Stein attended an open house for the Fly Fisher on West Seneca Street. She also reported the Ithaca Breast Cancer Walkathon was a big success with over 1,000 participants, raising over $39,000.

Mr. Lane, District No. 14 Representative, responded to the remarks made by Mayor Cohen this evening in regard to sales tax on clothing. He said the City of Ithaca still has the opportunity to not lift its portion of the tax if it chooses to. He said there are new shopping opportunities coming to Tompkins County and many residents are looking forward to the elimination of this tax.

Addition of Resolution(s) to the Agenda

On motion and duly seconded and unanimously adopted by voice vote, the resolution entitled In Appreciation of Retiring Planning Department Commissioner, James Hanson, was added to the agenda.

 RESOLUTION NO. 232 - IN APPRECIATION OF RETIRING PLANNING DEPARTMENT COMMISIONER, JAMES HANSON

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

WHEREAS, since April of 1990, James Hanson has devoted eleven years of service to the citizens of Tompkins County as Commissioner of the Tompkins County Planning Department, and
WHEREAS, through his leadership qualities, Jim has demonstrated enthusiastic dedication towards public service, and
WHEREAS, Jim, in his capacity as Planning Commissioner, has placed an emphasis on professionalism and technical expertise in the planning process, and
WHEREAS, Jim created and fostered strong support for a wide range of planning, community development and environmental programs that would benefit the communities of Tompkins County, including the First Time Homeowner’s Program, the development of the County's Geographic Information System (GIS), the completion of the Unique Natural Areas Inventory 2000, the creation of the Tompkins County Water Resources Council, the development and project management of the Donald H. Crispell dry dam in the Town of Dryden, and numerous other projects, now therefore be it
RESOLVED, That the Tompkins County Board of Representatives recognizes, on the occasion of his retirement, the many significant contributions Jim has made to preserve and improve the quality of life for the citizens of our County,
RESOLVED, further, That the Board of Representatives extends its sincere appreciation and best wishes to Jim and his wife, Janet, on this well-deserved occasion.
SEQR ACTION: TYPE II-20

Presentation by Tompkins Cortland Community College (TC3)

Mr. Carl Haynes, TC3 President, reported enrollment at the College is up by 11-12 percent this year. He said this is one of the three largest increases in community college enrollment across the State of New York. He spoke of the State budget and said they are the only sector of education that received no increase. In fact, he said the College has received less in this year’s State budget. Mr. Haynes said the College is not asking for any additional money from Tompkins County; however, they will be asking for approval to spend more tuition money. During the remainder of his presentation, Mr. Haynes highlighted activities that are taking place at the College. He stated copies of his report are available to any Board member who is interested.

Chair’s Report and Appointments

Ms. Mink had no report or appointments.

Report from the County Administrator

Mr. Whicher reported on the status of the New York State budget. He said there was hope that the State Legislature would pass a supplemental budget; however, it does not appear that is going to happen. He provided information on the Anthrax scare and said detailed information can be found on the County’s website. Mr. Whicher announced a public forum will be held on October 20^th at the Women’s Community Building. At that forum, health, safety, and law enforcement officials will be present to answer questions. Mr. Proto suggested placing important information on the government access channel.

Report from the County Attorney

Mr. Wood, Deputy County Attorney, reported there is no information available on the redistricting or municipal litigation. He announced effective November 1 the change in the age of PINS (Persons In Need of Supervision) cases will increase from 16 years of age to 18. He said this is a major unfunded mandate and may have a significant impact on Tompkins County. Mr. Wood also announced that the County Charter and Code is available on the Tompkins County website, and is searchable by key words.

Report from the Finance Director

Mr. Squires distributed the latest information on sales tax receipts. He said the figures provide the framework for the 2002 budget process and said he believes they are well-positioned to maintain the current budget amount.

Addition of Resolution(s) to the Agenda

On motion and duly seconded and unanimously adopted by voice vote the following resolution(s) were added to the agenda:

Providing Continuous Individual and Family Health Insurance Benefits for Those County Officers and Employees During their Active Military Duty Resulting from the September 11, 2001 Attacks on the United States

Authorizing Tompkins County to Pay the Difference in Pay Between Military Pay and Base County Salary to County Officers and Employees While Performing Ordered Military Duty Resulting from the September 11, 2001 Attacks on the United States

Authorizing the Division (Department) of Assessment to Charge a Nominal Fee for Tax Map Alterations Due to the Filing of Approved Subdivisions

Authorizing a Public Hearing on Proposed Local Law No. G of 2001 – Amending Section C-2.04 (c) of the Tompkins County Charter and Code – Vacancies on the Board of Representatives

Urging the Legislature to Reject Bill Amending Section 205-A and 205-E of the General Municipal Law

Reconsideration of Resolution No. 229

It was MOVED by Mr. Todd, seconded by Mr. Proto to reconsider Resolution No. 229. A voice vote on the motion resulted as follows: Ayes – 12, Noes – 2 (Kiefer and Stein); Vacancy – 1 (District No. 2). MOTION CARRIED.

Withdrawal of Resolution(s) from the Agenda

Chair Mink gave the appropriate committee chairman permission to withdraw the following resolution from the agenda:

Authorizing a Public Hearing on Proposed Local Law No. F of 2001 – Amending Chapter 150 of the Tompkins County Charter and Code by Adding a New Article VII Authorizing Real Property Tax Exemption for Solar or Wind Energy Systems.

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

On motion and duly seconded, and unanimously adopted by voice vote the following resolution(s) were approved under the Consent Agenda:

RESOLUTION NO. 233 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote, under the Consent Agenda.

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 2002.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 234 - RETURNED SCHOOL TAXES

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote, under the Consent Agenda.

WHEREAS Article 13 of the Real Property Tax Law authorizes school district tax collectors to submit by November 15^th a listing of unpaid taxes to the County Treasurer for enforcement, and
WHEREAS the County guarantees the school districts payment of the unpaid taxes by April 1 of the year following the return, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2002 tax rolls the amount of the uncollected school taxes returned by the collectors of the various districts, exclusive of the Ithaca City School District, to the County Finance Director that remain unpaid and that have not been heretofore relevied on town tax rolls and that said returned school taxes be reassessed and relevied on town tax rolls as they are returned, and that said school taxes returned in 2001 be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 235 - RETURNED VILLAGE TAXES

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote, under the Consent Agenda.

WHEREAS Article 14 of the Real Property Tax Law authorizes village tax collectors to return to the County Treasurer a listing of unpaid taxes for enforcement, and
WHEREAS the Villages of Cayuga Heights, Dryden, Freeville, Groton, Lansing, and Trumansburg are authorized to submit their unpaid taxes to the County for enforcement, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2002 tax rolls the amount of the uncollected village taxes returned by the various village tax collectors of the various villages to the County Finance Director that remain unpaid and that have not been heretofore relevied on town tax rolls, and that said returned village taxes be reassessed and relevied on town tax rolls as they are returned and that said returned village taxes be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 236 - ESTABLISHING COUNTY EQUALIZATION RATES

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, 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 2001, and for the apportionment of County taxes levied in 2002, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the following equalization rates be and hereby are adopted:
 

TOWN

AGGREGATE ASSESSED VALUATION OF TAXABLE REAL PROPERTY FOR COUNTY PURPOSES

COUNTY EQUALIZATION RATE

AGGREGATE FULL VALUATION OF TAXABLE REAL PROPERTY FOR COUNTY PURPOSES

Town of Caroline $ 103,955,191 100 $ 103,955,191
Town of Danby $ 133,608,922 100 $ 133,608,922
Town of Dryden $ 515,574,244 100 $ 515,574,244
Town of Enfield $ 97,569,182 100 $ 97,569,182
Town of Groton $ 151,122,243 100 $ 151,122,243
Town of Ithaca $ 748,030,999 100 $ 748,030,999
Town of Lansing $ 770,239,717 100 $ 770,239,717
Town of Newfield $ 151,882,510 100 $ 151,882,510
Town of Ulysses $ 233,200,663 100 $ 233,200,663
City of Ithaca $ 842,093,082 100 $ 842,093,082

TOTALS $3,747,276,753 100 $3,747,276,753
SEQR ACTION: TYPE II-20

Report and Presentation of Resolutions by the Economic and Workforce Development Committee

Mr. Stein, Chairman, had no report. He announced the next regular meeting will be held October 23^rd at 10 a.m.

RESOLUTION NO.  237 - TRANSFER OF ALL ENERGY AND GAS ALLIANCE RESPONSIBILITIES TO MUNICIPAL ELECTRIC AND GAS ALLIANCE "MEGA"

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

WHEREAS, since 1998 the Counties of Tompkins and Tioga have been involved in a joint venture, called the Tompkins and Tioga Energy and Gas Alliance, and
WHEREAS, said Alliance has been successful in obtaining favorable prices for electric and gas available for the two counties and all municipalities, including schools, towns, and villages within each county, as well as for individual households and business entities, and
WHEREAS, the joint venture has reached a point where a separate corporation is justified to continue it and to facilitate other counties to obtain the benefits of the venture, and
WHEREAS, a non-profit corporation has been formed under Section 1411 of the Not-For-Profit Corporation Law, to be called "Municipal Electric and Gas Alliance (MEGA)", now therefore be it
RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the functions of the existing Energy and Gas Alliance insofar as Tompkins County is concerned are hereby transferred and assigned to the Municipal Electric and Gas Alliance, Inc., upon a resolution of the board of directors of said corporation (MEGA) assuming all the obligations of the Alliance and accepting the functions of and all contracts of the Alliance,
RESOLVED, further, That three members of the Board of Representatives are and shall be appointed by the Chair of the Board to the board of directors of MEGA to represent the Tompkins County Government,
RESOLVED, further, That in particular the consulting agreement between Tompkins and Tioga Counties and Salerni and Boyd, consultants dated January 19, 1998, and all payments due to Tompkins County under said agreement, are hereby assigned to the corporation (MEGA), provided a similar assignment is made by Tioga County and further provided that MEGA accepts said assignment and assumes all obligations of the counties as provided in said consulting agreement,
RESOLVED, further, That the revenue received minus expenses incurred by Tompkins County shall be allocated to MEGA from Alliance bid royalty revenues received in 2001 for the purpose of funding fifty percent of the transition costs of MEGA, with the other fifty percent being funded by Tioga County for the period of July 1, 2001 to December 31, 2001,
RESOLVED, further, That effective immediately Tompkins County will no longer budget for Alliance expenditures or receive payments and all payments shall be received directly by the newly incorporated Municipal Electric and Gas Alliance,
RESOLVED, further, That all contracts to which Tompkins County is a party, relating to the said Tompkins and Tioga County Energy and Gas Alliance, are hereby assigned to MEGA, on condition that MEGA shall assume all obligations under said contract,
RESOLVED, further, That the three director-members of MEGA appointed to represent Tompkins County government are authorized to execute any agreement with MEGA on behalf of Tompkins County to carry out the terms of this resolution.
SEQR ACTION: TYPE II-20

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

Mr. Totman, Chairman, reported the Committee met on October 11 and heard reports from many departments and agencies who report to the Committee.

RESOLUTION NO. 238 - AUTHORIZATION TO ACCEPT AN ANONYMOUS GRANT TO PURCHASE A SPEED TRAILER

MOVED by Mr. Totman, seconded by Mrs. Schuler, and unanimously adopted by voice vote.

WHEREAS, the Tompkins County Sheriff’s Office applied for grant monies from an anonymous agency in the amount of $8,000 to purchase a speed trailer,
WHEREAS, the Tompkins County Sheriff’s Office has been awarded a grant from an anonymous agency in the amount of $8,000 to purchase the speed trailer, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County accept the grant of $8,000 to be used for the purpose of the aforementioned grant,
RESOLVED, further, That the Director of Finance is directed to make the following adjustment to his books for 2001:

BUDGET ADJUSTMENT

Revenue A3113.42770 Other Miscellaneous Revenue $8,000

Appropriation A3113.52220 Department Equipment $8,000
RESOLVED, further, That the bid be awarded by the Purchasing Division.
SEQR ACTION: TYPE II-20

Report from the Budget and Capital Committee

Mr. Joseph, Chairman, reported several meetings of the Expanded Budget Committee have been held. At this time the property tax rate increase stands at 4.5 percent; however, the process continues.

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

Mr. Koplinka-Loehr, Chairman, reported the Committee has met twice since the last Board meeting. He reported there are 1,275 individuals who did not pay their taxes in 2001 and that approximately 200 notices of delinquent tax parcels will be printed in the newspaper. Mr. Koplinka-Loehr reported there are several vacancies on the Planning Advisory Board and Board members should forward names to be considered for membership to Wendy Skinner, Public Information Coordinator. Mr. Koplinka-Loehr also requested an executive session to discuss a personnel matter.

Mr. Stein was recognized by the Chair to comment on Resolution No. 236 (Equalization Rate). Mr. Stein called attention to the full assessment value of property in the City ($842 million), Town of Lansing ($770 million), Town of Ithaca ($748 million),and Town of Dryden ($515 million), noting that years ago there was a great disparity in wealth between the City and the towns, and the County, recognizing this, took over paying for town bridges. With the growth in town wealth, this topic should be revisited, because now there is a different inequity, and in the City 63 percent of the property is tax exdempt.

RESOLUTION NO. 239 - AUTHORIZATION FOR TRANSFER OF POSITION AND FISCAL TARGET ADJUSTMENT – PLANNING AND ADMINISTRATION

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lalley, and unanimously adopted by voice vote.

WHEREAS, Board Resolution No. 121 of 2000 directed the Deputy County Administrator to act on behalf of Tompkins County in collaboration with other appropriate staff and consultants in all matters related to the Communications Capital Project, and
WHEREAS, much of this work was delegated to the Environmental Planner in the Planning Department, and
WHEREAS, the expanded responsibilities have resulted in a reclassification of the position from Environmental Planner to Capital Program Coordinator with immediate emphasis on the Communications Capital Project and considerable review of all other impending capital projects, and
WHEREAS, the Capital Program Coordinator position will be under the direct administrative oversight of the County Administrator, now therefore be it
RESOLVED, on recommendation of the Government Operation, Planning, and Budget and Capital Committees, That the position of Capital Program Coordinator be transferred from the Planning Department to the County Administrator’s office effective immediately,
RESOLVED, further, That the following budget adjustment be made for the remainder of 2001:

FROM: Planning A8010.51000 Environmental Planner $9,026
            Planning A8020.58800 Fringes $2,257

TO: Administration A1230.51000 Capital Program Coordinator $9, 026
        Administration A1230.58800 Fringes $2,257

RESOLVED, further, That a one-year Fiscal Target adjustment be made for 2002 only to decrease the Planning Department Fiscal Target (Base Budget) by $47,427 with a commensurate increase in the County Administrator’s Fiscal Target (Base Budget) of $47,427.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 240 - AUTHORIZATION FOR CONTINGENT FUND APPROPRATION TO COVER OUTSIDE LEGAL FEES RELATED TO REDISTRICTING LAWSUIT – COUNTY ATTORNEY

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch. A short call vote resulted as follows: Ayes – 14, Noes – 0. RESOLUTION ADOPTED.

WHEREAS, outside counsel was obtained to facilitate the County’s defense in the recent redistricting lawsuit imposed by the Town of Ithaca, and several other parties, and
WHEREAS, the County has been billed by Harris Beach, LLP, for legal services through August 31, 2001 in the amount of $2,670.36, representing the third phase of counsel and defense, and
WHEREAS, payment is now due, and
WHEREAS, the Board of Representatives hereby acknowledges that future billings are anticipated making the total County cost of this case approximately, $65,000, now therefore be it
RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriations:

FROM: A1990.54400 Contingent Fund $2,618.16
TO: A1420.54442 Professional Services $2,618.16
SEQR ACTION: TYPE II-20

RESOLUTION NO. 241 - CREATION OF INTERNSHIP POSITIONS – HUMAN RIGHTS

MOVED by Mr. Koplinka-Loehr, seconded by Mrs. Schuler, and unanimously adopted by voice vote.

WHEREAS, the Board of Representatives has approved $10,000 related to the Human Rights’ Department’s 2001 budget for professional services (allocated towards the internship program), and
WHEREAS, the broad intent of this program is to provide a funding source for the Human Rights Department who identified program needs and can utilize eligible internship candidates under this program to perform research, writing, and special projects, and
WHEREAS, the County is committed to providing meaningful, challenging hands-on, in-depth work experience for eligible internship candidates, and
WHEREAS, this program will also enhance and broaden the opportunities for the Human Rights Department to utilize the skills and abilities of eligible candidates to provide a valuable service to the taxpayers of the County, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That four positions (non-competitive class) of Project Assistant, 76/049, are hereby created in the Human Rights Department effective immediately with an hourly range of pay between $7.00 and $15.00 per hour, no benefits and a work week not to exceed thirty-five (35) hours.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 242 - AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE ARCHIVES

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote.

WHEREAS, the Records Office has been notified of a grant award from the State Archives in the amount of $74,788, and
WHEREAS, the State Archives grant represents a collaborative effort between the County Clerk’s Office and Records Management to microfilm permanent and archival civil records, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award,
RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment:

BUDGET ADJUSTMENT
Appropriation:  A1410.54442 Professional Services $68,008
                        A1410.51000 Regular Pay $ 6,780
Revenue:          A1410.43089 Other State Aid $74,788
SEQR ACTION: TYPE II-20

RESOLUTION NO. 243 - PROVIDING CONTINUOUS INDIVIDUAL AND FAMILY HEALTH INSURANCE BENEFITS FOR THOSE COUNTY OFFICERS AND EMPLOYEES DURING THEIR ACTIVE MILITARY DUTY RESULTING FROM THE SEPTEMBER 11, 2001 ATTACKS ON THE UNITED STATES

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lalley. Mr. Proto questioned whether these benefits would be duplicative of those already being provided by the military. Ms. Kiefer said she also asked if the County Administrator could look into whether the military is considered to be the payer of first resort. A voice vote on the resolution resulted as follows: Ayes – 14, Noes – 0. RESOLUTION ADOPTED.

WHEREAS, the New York State Military Law provides certain rights to public officers and employees absent on military duty as members of Reserve Forces or Reserve components of the Armed Forces of the United States, and
WHEREAS, pursuant to the Tompkins County Personnel Rules, County officers and employees on authorized military leave are entitled to all the rights and privileges set forth in said Military Law, and
WHEREAS, despite the rights and benefits afforded by said Military Law and said Personnel Rules, calls to active duty often impose financial hardship on those summoned and their dependents, and
WHEREAS, there is no express provision in said Military Law or said Personnel Rules for the continuation of health insurance benefits for County officers, employees and their dependents when the period of ordered military duty exceeds thirty calendar days or twenty-two working days, and
WHEREAS, while the military provides medical coverage to its activated Reservists and some coverage to their dependents, that coverage is not as comprehensive as Tompkins County's medical plan for its officers, employees and dependents, and
WHEREAS, by Resolution No. 60 of 1991, this Tompkins County Board of Representatives provided for such coverage to those County officers and employees called to active military duty during the Persian Gulf Crisis, and
WHEREAS, it is the desire of the Tompkins County Board of Representatives to ease the financial strain on the families of those Reservists called to serve their country resulting from the September 11, 2001 attacks on the United States by allowing continuation of their health insurance benefits through December 31, 2002, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That upon satisfactory negotiations with CSEA White Collar, CSEA Blue Collar, Sheriff’s and Corrections Unions, Tompkins County will hereby continue individual and family health insurance coverage through December 31, 2002 by requiring payment of employee premium share only, for those officers and employees called to active military duty resulting from the September 11, 2001 attacks on the United States, effective September 11, 2001,
SEQR ACTION: TYPE II-20

RESOLUTION NO. 244 - AUTHORIZING TOMPKINS COUNTY TO PAY THE DIFFERENCE IN PAY BETWEEN MILITARY PAY AND BASE COUNTY SALARY TO COUNTY OFFICERS AND EMPLOYEES WHILE PERFORMING ORDERED MILITARY DUTY RESULTING FROM THE SEPTEMBER 11, 2001 ATTACKS ON THE UNITED STATES

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote.

WHEREAS, the New York State Military Law provides certain rights to public officers and employees absent on military duty as members of Reserve Forces or Reserve components of the Armed Forces of the United States, and
WHEREAS, pursuant to the Tompkins County Personnel Rules, County officers and employees on authorized military leave are entitled to all the rights and privileges set forth in said Military Law, and
WHEREAS, despite the rights and benefits afforded by said Military Law and said Personnel Rules, calls to active duty often impose financial hardship on those summoned and their dependents, and
WHEREAS, by Resolution No. 60 of 1991, this Tompkins County Board of Representatives authorized the County to pay extended benefits to county officers and employees performing ordered military duty during the Persian Gulf Crisis, and
WHEREAS, it is the desire of the Tompkins County Board of Representatives to ease the financial strain on the families of those Reservists called to serve their country resulting from the September 11, 2001 attacks on the United States by paying through December 31, 2002, but not to exceed a maximum of ninety work days, the difference between their military pay received from the United States Government and/or the State of New York and the base County salary such employee would have received for his/her regularly scheduled work week if such employee had not been called to active duty, and
WHEREAS, in the event military pay exceeds or equals County salary determined in accordance herewith, no supplemental pay shall be authorized, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That upon satisfactory contract negotiations with CSEA White Collar, CSEA Blue Collar, Sheriff’s, and Corrections Unions, the Tompkins County General Fund will pay the difference in pay between military and base County salary to such County officers and employees in the Reserves or National Guard who are called to serve their country resulting from the September 11, 2001 attacks on the United States except in the event that military pay exceeds or equals County salary, effective September 11, 2001 through December 31, 2002, but not to exceed a maximum of ninety work days.
RESOLVED, further, That the Director of Finance will establish and notify Department Heads and affected employees of the procedures by which the differential shall be paid,
SEQR ACTION: TYPE II-20

RESOLUTION NO. 245 - AUTHORIZING THE DIVISION (DEPARTMENT) OF ASSESSMENT TO CHARGE A NOMINAL FEE FOR TAX MAP ALTERATIONS DUE TO THE FILING OF APPROVED SUBDIVISIONS

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lalley. Mr. Proto expressed concern that adopting this right now would place this outside of the usual time the Board adopts fees. He also said making this effective immediately would not allow developers any advance notice of this happening. Mr. Lane also expressed concern over the tax map process which is intended to be a benefit for the taxing authority. He questioned why the County should be charging developers to make alterations to the County’s tax maps.

It was MOVED by Mr. Proto, seconded by Mr. Lalley, to postpone this resolution until the first Board meeting in January, 2002. A voice vote on the motion resulted as follows: Ayes – 6 (Representatives Lane, Penniman, Proto, Todd, Totman, and Winch); Noes- 8 (Representatives Blanchard, Joseph, Kiefer, Koplinka-Loehr, Lalley, Mink, Schuler, and Stein). MOTION FAILED.

It was MOVED by Mr. Proto, seconded by Mr. Lalley, that this resolution shall take effect at the same time departmental fees are implemented in January, 2002. A voice vote on the motion resulted as follows: Ayes – 10, Noes – 4 (Representatives Joseph, Koplinka-Loehr, Mink, and Stein). MOTION CARRIED.

It was requested that the Assessment Department be asked to communicate this action with the Builder’s Association. Mr. Koplinka-Loehr said he would handle this request.

A voice vote on the resolution as amended resulted as follows: Ayes - 14, Noes - 0, Vacancy - 1 (District No. 2). RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Division (Department) of Assessment is mandated by New York State Real Property Tax Law to maintain in current condition, tax maps for Tompkins County, and
WHEREAS, the Tompkins County Division of Assessment maintains said maps using the latest geographic information systems technology, now therefore be it
RESOLVED, on recommendation of Government Operations Committee, That Section 503-(7) of the New York State Real Property Tax Law be enacted to allow for a minimal charge when placing approved subdivisions on the tax maps,
RESOLVED, further, That the fee shall be in the amount not to exceed twenty-five dollars for a one through three lot subdivision map, whether intended as an original subdivision or as an alteration, including correction of a prior subdivision, or an instrument abandoning such subdivision map, or a condominium map; fifty dollars for a four through nine lot subdivision map, whether intended as an original subdivision or as an alteration, including correction of a prior subdivision, or an instrument abandoning such subdivision map, or a condominium map; and one hundred dollars for a ten or more lot subdivision map, whether intended as an original subdivision or as an alteration, including correction of a prior subdivision, or an instrument abandoning such subdivision map, or a condominium map,
RESOLVED, further, That prior to filing a subdivision map with the County Clerk’s Office such map shall be stamped with the approval of the Tompkins County Geographic Information Systems Tax Map personnel and the appropriate fee shall be paid to the Division (Department) of Assessment, by any person or corporation filing a map in accordance with the provisions of any general, special or local law or ordinance, or of any county, city, or village charter, if such map necessitates any change upon a tax map in order to maintain the map in current condition,
RESOLVED, further, That this resolution shall take effect at the same time departmental fees are implemented in January, 2002.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 246 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 5 OF 2001 - AMENDING SECTION C-2.04 (c) OF THE TOMPKINS COUNTY CHARTER AND CODE - VACANCIES ON THE BOARD OF REPRESENTATIVES

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane. Ms. Kiefer said she does not agree with the proposed language of the local law. She said she would like to see the wording changed to state if Common Council does not act within the thirty days provided, that Common Council shall fill the seat with the winner of the November 6 election.

Ms. Mink clarified the purpose of this local law is to allow another municipality to rectify something it should have done. It is not to necessarily to appoint the winner of the election because the Charter Review Committee is now looking at that section of the Charter. She said it is important that this move forward at this time so that the Board can have a full membership. Ms. Kiefer said her suggested wording was specific to this circumstance and would allow the Charter Review Committee to continue with their work.

There was a lengthy discussion about the content of the proposed law with some members feeling the law should be worded as simply as possible so that the City can fill the vacancy seat on the Board. Mr. Proto raised the point that a local law is not effective until the filing with the Secretary of State. There was a discussion about process with the County Attorney advising that the local law in its final form must be placed on Board members desks seven days prior to adoption. Mr. Lane said he feels the City of Ithaca should have another chance to fill its vacancy on the Board so that representation can be provided to all citizens in the City of Ithaca.

Mr. Todd said he feels this should be left alone and that the City should wait until the November election and have that individual begin serving in January. He said he doesn’t believe it would be in the City’s best interest to appoint someone who has not participated in the budget process up until this point represent the interests of the City on the Board.

Mr. Joseph suggested instead of extending the time the City can appoint, the wording of the local law should just state that whoever gets elected to the seat should be allowed to take membership to the seat immediately.

Mr. Penniman said he feels it is important that this vacancy be filled as soon as possible because it is difficult for Board Committees to function without their full compliment of members.

A voice vote on the resolution with Ms. Kiefer’s changes accepted as friendly resulted as follows: Ayes – 12; Noes – 2 (Representatives Proto and Todd); Vacancy – 1 (District No. 2). RESOLUTION ADOPTED.

RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Wednesday, November 7, 2001, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 5 of 2001 - Amending Section C-2.04 (c) of the Tompkins County Charter and Code – Vacancies on the Board of Representatives. At such time and place all persons interested in the subject matter will be heard concerning the same,
RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 247 - URGING THE LEGISLATURE TO REJECT BILL AMENDING SECTIONS 205-A AND 205-E OF THE GENERAL MUNICIPAL LAW

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lalley, and unanimously adopted by voice vote.

WHEREAS, the New York State Legislature is considering legislation which would allow police (including Deputy Sheriffs) to sue their employers if injured as a result of a fellow officers failure to follow internal manuals or memorandum, and
WHEREAS, the proposed legislation could pose significant additional liability on counties and other municipalities, and
WHEREAS, workers' compensation and Section 207-c of the General Municipal Law provide adequate remedies for on the job injuries to police officers, and
WHEREAS, thirty-five individual counties, the New York State Association of Counties and numerous municipalities in the State have already notified their representatives of their opposition to the proposed law, now therefore be it
RESOLVED, on the recommendation of the Government Operations Committee, That the Tompkins County Board of Representatives declares its opposition to said legislation,
RESOLVED, further, That the Clerk of the Board is directed to supply a copy of this resolution to Honorable Sheldon Silver, Honorable James L. Seward, Honorable Martin Luster, Honorable Randy Kuhl and the Honorable Joseph Bruno.

SEQR ACTION: TYPE II-20

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

Mr. Lane, Chairman, reported the Committee discussed the resolution that was defeated at the last Board meeting in regard to engineering services for improvements at the Tompkins County Airport. He said they have met with representatives from C&S Engineers to discuss a problem in communication where Board members do not understand how costs for engineering services contained in these projects is driven. Mr. Lane said C&S will provide the full Board with a presentation on that work prior to the end of the year. After that discussion, the Committee felt it was important that the resolution come back to the Board for reconsideration.

Mr. Lane said a meeting will be held regarding the Ellis Hollow Capital Project and improvement on October 18 at 7 p.m. at the Ellis Hollow Road Community Center and invited all Board members to attend. He also reported construction at the Bostwick Road facility is underway, and expressed gratitude to the employees for the patience during construction. At the last meeting the Committee discussed the Beach Road bridge in Newfield. Mr. Wood said the Highway Division has retained engineers to make a determination on what work actually needs to be done. He said he and the Town Attorney disagree as to the ownership of the bridge; however, he feels the work is likely to be minor and hopes these repairs can be done in a cooperative relationship with the Town.

It was stated that although there is a question about ownership of the bridge, the primary concern at this point is the safety of children crossing an unsafe bridge. The Board directed the County Administrator to work with the Newfield Town Board to work out an arrangement for the Town to perform maintenance on the bridge without that being used as a demonstration of ownership.

RESOLUTION NO. 248 - AUTHORIZATION TO EXECUTE A THREE-YEAR CONTRACT EXTENSION WITH SUPERIOR DISPOSAL, INC., FOR THE CURBSIDE COLLECTION OF RECYCLABLES COUNTY-WIDE INCLUDING THE CITY OF ITHACA

MOVED by Mr. Lane, seconded by Mr. Todd. Mr. Proto expressed his dissatisfaction with the service provided by Superior Disposal. He said there are instances of this Company not picking up recycling when they are supposed to and problems with items that have blown off of the trucks because doors were not closed. He suggested that this resolution be postponed so that those concerns could be relayed to the Company. Board members felt concerns over service should be related directly to the Solid Waste Division. It was MOVED by Mr. Proto to postpone this resolution to the November 8 Board meeting. MOTION FAILED DUE TO LACK OF A SECOND. A voice vote on the resolution resulted as follows: Ayes – 11, Noes – 3 (Representatives Kiefer, Proto, and Schuler). RESOLUTION ADOPTED.

WHEREAS, Resolution No. 200 of 1995 authorized the execution of a contract with Superior Disposal, Inc. for the collection of recyclable materials throughout the County, except in the City of Ithaca, and
WHEREAS, Resolution No. 226 of 1996 authorized the execution of a contract with Superior Disposal, Inc., for the collection of recyclable materials in the City of Ithaca, and
WHEREAS, the contractor has committed to purchasing new modern and efficient collection vehicles that will be equipped with a tracking system utilizing a global position system (GPS) to monitor all vehicle movement during collection times for daily verification of collections, and
WHEREAS, the curbside collection contracts have not had a price increase in three years and the first year of the contract extension provides for a five percent ($38,101.00) increase, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the County exercise its second and final option to extend both Curbside Collection Contracts for three years at a cost not to exceed $487,834 for the first year with a three percent (3%) increase in each of the next two subsequent contract years.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 249 - AUTHORIZATION TO EXECUTE CONTRACT WITH FISHER ASSOCIATES FOR DESIGN OF ELLIS HOLLOW ROAD RECONSTRUCTION

MOVED by Mr. Lane, seconded by Mr. Lalley. Mr. Joseph questioned whether this is premature since the Board has not decided what type of project should be approved. Mr. Lane said he feels this should still move forward in hopes of finding additional funding and getting it on the Transportation Improvement Plan. Mr. Lalley said the purpose of this is to arrive at a design scoppe for this, and this will come back to the Board for full capital project approval. A voice vote resulted as follows: Ayes – 14, Noes – 0. RESOLUTION ADOPTED.

WHEREAS, Tompkins County maintains County Road 110, Ellis Hollow Road, in the Town of Dryden, and
WHEREAS, the County Highway Manager has recommended its reconstruction and funding for the reconstruction is included in the adopted 2001 – 2005 Capital Program budget, and
WHEREAS, the Tompkins County Finance Department has duly advertised a request for proposals to identify interested, qualified consultant groups to design the work, and
WHEREAS, eight, (8) firms submitted proposals, four of which also presented qualifications orally, now therefore be it
REOLVED, on recommendation of the Public Works Committee, That the proposal be awarded to Fisher Associates, PE, LS, PC, of 135 Calkins Road, Rochester, NY, for preliminary design services for the referenced project,
RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with Fisher Associates for an amount not to exceed $128,700 upon completion of Capital Program budget revisions, and contingent upon approval of the capital projects budget by the Board of Representatives,
RESOLVED, further, That the Highway Division be authorized to execute supplemental agreements for final design, construction engineering or other additional engineering services on behalf of the County with cumulative value not to exceed the funds provided from the appropriate capital account.
SEQR ACTION: TYPE II-21

RESOLUTION NO. 229 - AUTHORIZING A SUPPLEMENTAL CONSULTANT AGREEMENT NO. 3 WITH C&S ENGINEERS, INC., FOR CONSTRUCTION OBSERVATION AND ADMINISTRATIVE SERVICES IN CONNECTION WITH THE AIRPORT RESCUE AND FIRE FIGHTING (ARFF) (CFR) BUILDING EXPANSION, THE PASSENGER BOARDING BRIDGE, AND THE (OLD TERMINAL) APRON REHABILITATION AND OBSTRUCTION REMOVAL – ITHACA/TOMPKINS REGIONAL AIRPORT

MOVED by Mr. Todd, seconded by Mr. Proto. Mr. Winch spoke of athe long partnership the County has had with C&S. Ms. Kiefer noted she was absent from the meeting where this resolution lost, but she did not ask to have it reconsidered now since the projects contained in t his resolution will not go forward until spring so there is time for us all to received and consider the results of the C&S engineering fees test case first. A voice vote resulted as follows: Ayes – 8 (Representatives Blanchard, Koplinka-Loehr, Lalley, Lane, Penniman, Proto, Todd, and Winch); Noes – 6 (Representatives Joseph, Kiefer, Mink, Schuler, Stein, and Totman). RESOLUTION ADOPTED.

WHEREAS, the County has awarded construction contracts for the Airport Rescue and Fire Fighting (ARFF) (CFR) Building Expansion and the (Old Terminal) Apron Rehabilitation and Obstruction Removal projects, and

WHEREAS, subject to an acceptable bid being received, the County will shortly be awarding a construction contract for the Passenger Boarding Bridge, and

WHEREAS, there is a need for Construction Observation and Administration services in relation to these projects, now therefore be it

RESOLVED, on recommendation of the Public Works Committee. That subject to the required Independent Fee Estimate being performed which confirms that the fees are fair, the following Construction Observation and Administration contracts with C&S Engineers, Inc., be approved:

ARFF (CFR) Building Expansion $ 138,537.00

Passenger Boarding Bridge $ 20,784.00

Apron Rehabilitation and Obstruction Clearance $ 76,982.00

RESOLVED, further, That the Finance Director is authorized to advance payments for these projects until reimbursement is received from the Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT).

SEQR ACTION: TYPE II-2

Report from the Planning Committee

Mr. Penniman, Chairman, reported the Committee has not met since the last Board meeting. The Committee will meet tomorrow at noon.

Report from the Health and Human Services Committee

Mrs. Schuler, Chair, reported the Committee will meet tomorrow at 11 a.m.

Report from the Communications Capital Projects Committee

Ms. Blanchard, Chair, deferred the Committee report to Mr. Lalley. Mr. Lalley reported the Request for Qualifications for the Paging project were due yesterday.
 
 

Approval of Minutes of October 2, 2001

It was MOVED by Mr. Joseph, seconded by Mr. Lalley, and unanimously adopted by voice vote, to approve the minutes of October 2, 2001 as submitted. MINUTES APPROVED.

Recess

Chair Mink declared recess at 8:21 p.m. The reconvened at 8:30 p.m.

Executive Session

It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lalley, and unanimously adopted by voice vote, to enter into executive session at 8:30 p.m. to discuss a personnel matter. The meeting returned to open session at 9:05 p.m.

Adjournment

On motion the meeting adjourned at 9:05 p.m.