Tompkins County Legislature
Regular Meeting
October 18, 2005 - 5:30 p.m.
Legislature Chambers

Called to Order

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

Pledge of Allegiance to the Flag and Roll Call of Members

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

 Present:  14 Legislators; Ms. Kiefer arrived at 5:34 p.m.  Excused – 1 (Legislator Blanchard).

Privilege of the Floor by the Public

 Stephen Farkas, Town of Lansing Supervisor, urged the Legislature to reconsider the request he made at an Expanded Budget and Capital Committee meeting for approval of funds to allow the Sheriff's Department to hire additional deputies.

Privilege of the Floor by Legislators

 Mr. Lane, District No. 14 Legislator, reported he was pleased to announce with Assemblywoman Barbara Lifton last week that two fire departments in his district have been designated funds through the New York State Assembly that will allow for the purchase of updated equipment that will provide more safety for residents.  Mr. Lane thanked Assemblywoman Lifton for making this opportunity available.

 Ms. Robertson, District No. 13 Legislator, reported a public hearing on the Office for the Aging's Annual Plan will be presented at 9 a.m. on Monday, October 24th at Titus Towers, with a workshop for senior citizens to be held afterwards.  Ms. Robertson reported on an effort for citizens to call senators and congress representatives to express opposition to the proposed budget bill going through congress that would cut food stamps, Medicaid, youth programs among other services for the poor,  and add tax cuts to the federal budget.   Ms. Robertson urged others to join her in expressing opposition to this.

 Ms. Schuler, District No. 4 Legislator, reported she and Kathy Herrera participated in the Eyes Wide Open exhibit that was touring the County showing the human cost of the Iraq war.  They read from the list of 1945 name of who had died.

 Mrs. McBean-Clairborne added to Ms. Robertson's comments on the federal budget, saying that youth programs such as GIAC are targeted for cuts.

Distinguished Youth Award

 Mrs. McBean-Clairborne, District No. 2 Legislator, presented Chavonte Perkins of the City of Ithaca with the October, 2005, Distinguished Youth Award.

Privilege of the Floor by Legislators

 Ms. Herrera, District No. 5 Legislator, said she received a communication from Aurora Valenti, County Clerk, urging Legislators to take part in the annual Ithaca Breast Cancer Alliance Walkathon and echoed that request.

 Mr. Proto, District No. 7 Legislator, reported the annual CROP walk will take place this Sunday.  He also reported on November 5th the Red Cross will hold an emergency preparedness session for the public in Danby.   There will also be a session on emergency preparedness in dealing with pets in emergency situations that will be held this Saturday in Slaterville.

Chair’s Report

 Mr. Joseph reported on the Cayuga Lake Intermunicipal Organization and said although Tompkins County is a member there has not been a representative in attendance for a long period of time.  He asked if any Legislator is interested in serving on this and said if he does not receive a response he will appoint someone.

Report from the County Administrator

 Mr. Whicher reported the Search Committee will soon start the selection process for a Director for the Office for the Aging; Irene Steni is retiring February 28.  He also reported the County is entering into final negotiations with Motorola with regard to the communications system and reminded Legislators that discussions with Motorola should not take place outside of the Negotiating Team.

Report from the County Attorney

 Mr. Wood had no report.

Report from the Finance Director

 Mr. Squires reported he learned today the County Airport could be impacted by up to $45,000 by the Northwest bankruptcy case.  He said what has happened with the airlines has been disappointing in that it has cost the County money.

 Mr. Lane pointed out that there was an article in the newspaper today about the tobacco lawsuits in which the federal government suit looks like it will fail.  He said this is good news for tobacco companies; it will also mean financial stability of the County's payment for a number of years.  Mr. Lane said tobacco stock went up because of the decision by the federal government.

Addition and Withdrawal of Resolution(s) from the Agenda

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

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

 It was MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present to approve the following resolutions under the Consent Agenda:

RESOLUTION NO. 201 - AUTHORIZING ACCEPTANCE OF SUPPLEMENTAL GRANT AGREEMENT (NO. 10) TO THE TEN-YEAR MASTER  AGREEMENT FROM THE NEW YORK STATE DEPARTMENT  OF TRANSPORTATION (NYSDOT) TO CONSTRUCT THE RELOCATION OF PARALLEL TAXIWAY (PH. 2), PURCHASE  RUNWAY FRICTION METER, PERFORM ENVIRONMENTAL  ASSESSMENT FOR OBSTRUCTION REMOVAL, AND DESIGN  THE RELOCATION OF THE PARALLEL TAXIWAY (PH. 3)  - ITHACA TOMPKINS REGIONAL AIRPORT

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

      WHEREAS, the County has received a grant offer from the New York State Department of Transportation (NYSDOT) in the amount of $ 101,041 to assist with the above mentioned projects, and
      WHEREAS, the budget for these projects is as follows:
      Federal Aviation Administration Share (95.0%) Account No. HT 5601.44592       $3,838,551.00
      NYSDOT Share             (  2.5%) Account No. HT 5601.43592       $  101,041.00
      Local Share                    ( 2.5%)  Account No. HT 5601.45031       $  101,041.00
      Total                                                                                                   $4,040,633.00
, and
      WHEREAS, the local share of $101,041 has been factored into the 2005 airport budget and will be paid for through airlines fees, and
      WHEREAS, the New York State Department of Transportation share may be increased by up to fifteen percent (15%) to a maximum of $116,197 based on approved eligible costs, now therefore be it
      RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the New York State Department of Transportation Supplemental Grant Agreement (No. 10) be and hereby is accepted and that the County Administrator is authorized to execute the required documents.
SEQR ACTION: TYPE II-2

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RESOLUTION NO. 202 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT  NO. 15 WITH C&S ENGINEERS, INC., FOR CONSTRUCTION OBSERVATION AND ADMINISTRATION SERVICES FOR RELOCATION OF THE PARALLEL TAXIWAY (PHASE II) -      ITHACA TOMPKINS REGIONAL AIRPORT

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

      WHEREAS, the Legislature has awarded the contract for construction of Relocation of the Parallel Taxiway (Phase II) to Chemung Contracting for $4,249,867.50, and
      WHEREAS, the Legislature has accepted two Federal grants that will finance ninety-five percent (95%) of construction, construction observation, and administration of said project, and
      WHEREAS, a matching grant of two and one-half percent (2.5%) is expected from the New York Department of Transportation with the other two and one-half percent (2.5%) already factored into the 2005 airport budget, and
      WHEREAS, there is a need to have a contract for Construction Observation and Administration Services with respect to the above-mentioned project, now therefore be it
       RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That subject to the required Independent Fee Estimate being performed to confirm that the fees are fair, Supplemental Agreement No. 15 with C&S Engineers for Construction Observation and Administrative Services in the amount of $230,000 be approved and financing of the contract is as follows:
      Federal Aviation Administration (FAA) (95.0%)                $218,500.00
      New York State Department of Transportation (2.5%)             $    5,750.00
     Local (Airport Operational Budget) (2.5%)                              $    5,750.00
      Total                                                                                         $230,000.00

      RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required documents,
      RESOLVED, further, That the Finance Director be authorized to make payments for this project until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation.
SEQR ACTION: TYPE II-2

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RESOLUTION NO. 203 -  FUNDING OF TOURISM PROJECT GRANTS

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

 WHEREAS, Tompkins County has a project grant program for supporting tourist-generating projects using funds drawn entirely from Room Occupancy Tax, and
 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grant is approved:
Community Foundation of Tompkins County 2006 National Dance Week $7,110
 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 204 - ACCEPTANCE OF SMALL CITIES GRANT – HOMEOWNERSHIP VII

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

 WHEREAS, the County has been awarded Small Cities Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) administered by New York State for the purpose of continuing its successful existing home mortgage program for first-time homeowners, and
WHEREAS, these funds will assist twenty-two families in Tompkins County to become first-time homeowners, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts Small Cities CDBG funds in the amount of $600,000,
 RESOLVED, further, That the County Administrator be authorized to execute any contracts related to this project,
 RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment:
  Revenue   CD8688.44959  Federal Aid $75,000
  Appropriation CD8688.54400  Program Expense $75,000
SEQR ACTION: TYPE II-20

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RESOLUTION NO. 205 - AUTHORIZATION TO ACCEPT 2005 SNOWMOBILE TRAILS GRANT-IN-AID

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

WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation administers a grant program to encourage local snowmobile club stewardship and development of snowmobile trails in the State, and
WHEREAS, in order to be eligible for this grant program, a local municipality must agree to sponsor the application and administer the program, which the Tompkins County Planning Department has done for local snowmobile clubs since 1998, and
WHEREAS, this year, five snowmobile clubs are proposing to maintain 107 miles of trails that have previously been funded by this program for snowmobile use in Tompkins County, and as part of the grant application, each club prepared a three-year maintenance and capital project plan, which has been compiled for a master application, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Planning Department is authorized to accept the 2005 Snowmobile Trails Grant-In-Aid funds in the event that grant funds are awarded.
SEQR ACTION:  TYPE II-1

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RESOLUTION NO. 206 - SCHEDULING A PUBLIC HEARING ON THE 2006 TOMPKINS  COUNTY BUDGET AND THE 2006-2010 TOMPKINS COUNTY  CAPITAL PROGRAM
 
 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, the tentative 2006 Tompkins County Budget and the 2006 – 2010 Tompkins County Capital Program are scheduled to be adopted on November 15, 2005, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers, located at 320 North Tioga Street, Ithaca, New York on Wednesday, November 9, 2006, at 7:00 o'clock in the evening thereof concerning the review of the tentative 2006 Tompkins County Budget and the 2006-2010 Tompkins County Capital Program.  At such time and place all persons interested in the subject matter will be heard concerning the same,
 RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 207 - AMENDING RESOLUTION NO. 312 OF DECEMBER 19, 2001,  AUTHORIZING TOMPKINS COUNTY TO PAY UP TO 20 WORKDAYS OF BASE PAY DURING AN APPROVED DISASTER RELIEF OPERATION

  MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under the Consent Agenda.
 
 WHEREAS, recent large-scale disasters in the United States have shown the work of American Red Cross volunteers to be invaluable to continuing recovery efforts, and
 WHEREAS, New York State has amended the general municipal law by adding a new section 92-c that authorizes public employers to pay American Red Cross volunteers who participate in specialized disaster relief operations, and

 WHEREAS, certain County employees may be qualified to fill emergency response requests issued from other states' Emergency Management Offices through an interstate mutual aid agreement established by the Emergency Management Assistance Compact (EMAC), and
 WHEREAS, County employees who volunteer or accept mutual aid assignments are greatly enriched by their experiences and will be all the more valuable in local emergencies, and
 WHEREAS, it is the desire of the Tompkins County Legislature to ease the financial strain on such volunteers and mutual aid assignees who are also County employees, and
 WHEREAS, it is the Department Head who can best determine whether this leave will have an impact on the Department's operation, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That County employees receive their base pay for up to 20 workdays in any calendar year while on leave as a volunteer for the Red Cross, or as a registered, trained, and requested mutual aid assignee to a state emergency management office belonging to the EMAC compact, during approved disaster relief operations; provided no County employee shall be compensated for more than 20 total days of work pursuant to this subdivision in any calendar year,
 RESOLVED, further, That such employees make written request to their Department Head for such leave, and provide documentation from the Red Cross that they have been trained, certified, and asked to perform disaster relief duties, or provide documentation of their qualifications and acceptance by the requesting agency in the EMAC compact, for a specified time period before leave is granted,
 RESOLVED, further, That the decision to grant an employee such Red Cross Disaster Relief or EMAC assignment leave is up to the employee's Department Head taking into consideration the needs of the department.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 208 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS

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

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

Office for the Aging
Revenue Acct           Title            Amt  Approp Acct  Title(s) __________________
6787.43803 State Revenue      $10,000.00 6787.52219  PERS Units
6793.44772 Federal Revenue    $  4,065.00 6793.51000559  Salary
6793.44772 Federal Revenue    $  1,585.00 6793.58800  Fringes
6793.44772 Federal Revenue    $  7,000.00 6793.54491  Subcontract
6790.51000 Salary       $  2,054.00 6790.52206  Computer Equipment
6790.51000 Salary       $  1,467.00 6790.52210  Office Equipment
6790.51000 Salary       $     500.00 6790.54330  Printing
6790.51000 Salary       $     500.00 6790.54452  Postage
6790.51000 Salary       $     200.00 6790.54472  Telephone
6790.51000 Salary       $     500.00 6790.52230  Computer Software
6790.51000 Salary       $  1,500.00 6790.54402  Advertising
6790.51000 Salary       $     930.00 6790.54491  Subcontract
6790.58800 Fringes       $  2,984.00 6790.54491  Subcontract
6790.54400 Program Expense   $      50.00 6790.54491  Subcontract
6784.44772 Federal Revenue    $  7,643.38 6784.54491  Subcontract
Explanation:  Grant-in-Aid grant permits purchase of 64 new PERS units; Revenue increase for HIICAP Program; Readjustment of budget in line with modified plan for project; Revenue increase for Cash-in-Lieu for Foodnet.

Sheriff's Office
Revenue Acct           Title            Amt  Approp Acct  Title(s) __________________
3113.42610 Drug Forfeiture      $31,000.00 3113.52220  Vehicles
3113.42680 Law Enforcement  $13,075.00 3113.52231  Law Enforcement - Vehicles
Explanation:  Revenues from drug forfeitures to vehicles; transfer funds from insurance recovery to replace vehicle.

Recreation Partnership/Municipal Sales Tax
Revenue Acct           Title            Amt  Approp Acct  Title(s) __________________
7028.41110 Sales Tax      $31,565.00 6901.54400  Program Expense
6901.41110 Sales Tax      $31,565.00 7028.54666  City Sales Tax Agreement
Explanation:  Increase in Municipal Sales Tax allocation.  Estimated $93,630 for 2005, but pursuant to the Municipal Sales Tax Agreement Recreation Partnership requested an increase of $31,565.
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Appointment

 It was MOVED by Ms. Schuler, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointment under the Consent Agenda:

Youth Services Board
Brian Emerick - At-large (youth) representative; term expires December 31, 2007

Report from the Government Operations Committee

 Mr. Lane, Chairman, reported the Committee has not met since the last meeting of the Legislature.

Report from the IDA

 Mr. Lane reported the second public hearing on the Caygua Green project will be held on October 20 at 7 p.m.

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

 Mrs. McBean-Clairborne, Chair, reported the Committee met on October 6th and again right before this meeting.  At the October 6 meeting the Committee approved the filling of a microcomputer specialist position and also had a brief discussion about board-out costs and possible patterns that may be identified.  Mr. Shurtleff and Mr. Whicher began discussions with the Committee about proposals for the County’s purchasing of subscriber equipment; however, this was an initial discussion on what costs may look like and no decisions were made.  Mrs. McBean-Clairborne said a more detailed discussion will take place at the next Committee meeting on November 3rd.  Sheriff Meskill reported he has submitted a request to the Commission of Correction for permanent housing to be approved in the dorm areas following the completion of renovations.  At the meeting this afternoon the Committee discussed the Draft Environmental Impact Statement for the Public Safety Communications System and approved the resolution that will be considered this evening.  Mrs. McBean-Clairborne extended her appreciation to the staff who contributed to this document.

RESOLUTION NO. 209 - ACCEPTANCE OF THE DRAFT ENVIRONMENTAL IMPACT  STATEMENT FOR THE PUBLIC SAFETY COMMUNICATION  SYSTEM PROJECT FOR PURPOSES OF COMMENCING PUBLIC REVIEW, AND DIRECTING A PUBLIC HEARING PURSUANT TO  STATE ENVIRONMENTAL QUALITY REVIEW

 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman.  Ms. Kiefer said she did not feel she could state this is ready to be given to the public because she has not had adequate time to read the full Draft Environmental Impact Statement.    A voice vote resulted as follows:  Ayes – 13; Noes – 1 (Legislator Kiefer); Excused – 1 (Legislator Blanchard).  RESOLUTION ADOPTED.
 
 WHEREAS, this Legislature as lead agency by Resolution No. 307 of 2000, dated December 19, 2000, authorized the filing of a "Positive Declaration" for the Tompkins County Public Safety Communications System Project pursuant to 6 NYCRR Section 617.7, and
 WHEREAS, the preparation of a Draft Environmental Impact Statement included utilization of public scoping of said document, and
 WHEREAS, the Final Scoping Document for the Draft Environmental Impact Statement was completed on December 12, 2001, and
 WHEREAS, the Tompkins County Public Safety Committee has reviewed the Draft Environmental Impact Statement prepared pursuant to the direction of the aforementioned Final Scoping Document and has by resolution dated October 18, 2005, recommended that this Legislature accept said Draft Environmental Impact Statement including those reports and documents incorporated by reference as complete with respect to its scope, content, and adequacy for purposes of commencing public review pursuant to 6 NYCRR Section 617.9, and
 WHEREAS, this Legislature as lead agency has considered the following pursuant to 6 NYCRR Section 617.9:
(1) whether there is substantial interest on the part of the public in the proposal, and
(2) whether substantive or significant environmental issues have been raised, and
(3) the adequacy of the mitigation measures proposed and the consideration of alternatives, and
(4) the extent to which a public hearing can aid the County of Tompkins in its decision making as lead agency, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the Draft Environmental Impact Statement dated October 2005, including those reports and documents incorporated by reference, is hereby found acceptable pursuant to 6 NYCRR Section 617.9 for purpose of public review,
RESOLVED, further, That the Draft Environmental Impact Statement be filed and distributed according to law and made available for a thirty-day period for public review commencing on October 19, 2005,
RESOLVED, further, That a public hearing shall be held concerning said Draft Environmental Impact Statement according to law on November 3, 2005,
RESOLVED, further, That a Notice of Completion of the Draft Environmental Impact Statement and Notice of the State Environmental Quality Review (SEQR) Hearing shall be filed and published according to law,
RESOLVED, further, That comments shall be received by the County of Tompkins regarding the Draft Environmental Impact Statement until November 18, 2005, in accordance with 6 NYCRR Section 617.9, and said comments shall be directed to the Department of Planning.
SEQR ACTION:  TYPE I
(Full EAF on file with Clerk)

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Report from the Workforce Diversity and Inclusion Committee

 Mrs. McBean-Clairborne, Chair, had no report at this time.  Following the Facilities and Infrastructure Committee report Mrs. McBean-Clairborne reported last week Sheriff deputies were at Dewitt Middle School to handle a situation in which five deputies responded.  She expressed her appreciation and commended those deputies for doing an excellent job in keeping things under control and keeping both staff and students safe.

Report from the Facilities and Infrastructure

 Mr. Penniman, Chairman, reported the Committee met last week and received a report on the Route 13 traffic safety study, the recent design study for Hanshaw Road improvements, and also the possibility of purchasing some wind energy for the County.  The Committee will continue to discuss wind energy options at the next meeting October 25th at 1:30 p.m.  Mr. Penniman announced the Committee will meet jointly with the Air Service Task Force on October 25 in Legislature Chambers.  Plans are also underway to schedule a meeting at the Solid Waste Center to review the proposed changes in signage and traffic at the Center, probably the first meeting in November.

 Mr. Totman requested information on the status of Peruville Road construction.

 Ms. Kiefer said she attended a Policy Committee meeting of the Metropolitan Planning Organization this afternoon where there was a presentation by the New York State Department of Transportation on the bond issue that will appear on the ballot this November.  She said although the Department of Transportation cannot speak for or against this, they are able to provide information, including the fact that if it passes, the Central New York Region will get another $42.5 million dollars for road and bridge projects.   Ms. Kiefer said that it will include funding for four hybrid busses for Tompkins Consolidated Area Transit, Inc.

Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee met on October 5th.   At that meeting the Committee was introduced to Jeff Lydon who recently assumed the position of Executive Director of the SPCA.   Mr. Lydon informed the Committee that he hopes to provide an off-leash dog park in the future.  There was also an interesting discussion about the connection of animal abuse to child abuse.  The Wheel-to-Work program was also discussed. Ms. Zahler, Director of Youth Services, reported a transportation survey is being conducted to find out what kinds of transportation services kids would like to see offered.  The survey is being conducted in conjunction with the Transportation Council; TCAT, and school districts.   Ms. Robertson said Alice Cole, Public Health Director, provided the Committee with a status report on flu clnics.  Ms. Cole reported at this time there is a sufficient supply of the vaccine and that anyone interested in receiving a flu shot will need to make an appointment.   The Committee also heard from Ken Schlather, Executive Director of Cooperative Extension; Kathy Schlather, Executive Director of Human Services Coalition, and Patricia Carey, DSS Commissioner, about concerns over rising home heating costs which are causing worry that HEAP funds will be used up completely before the winter is over.  Ms. Robertson said it was reported that they are working on an education initiative about low cost improvements and repairs to homes that will help save on heating costs.

Air Services Task Force

 There was no report from this Committee

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

 Ms. Herrera, Chair, said the Committee met October 5 and will meet again on November 2nd.  Most of the Committee's business is reflected on the agenda in the form of resolutions.

RESOLUTION NO. 210 - FUNDING OF TOURISM MARKETING AND ADVERTISING GRANTS

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.  Mrs. McBean-Clairborne requested this be withdrawn from the Consent Agenda to highlight the 2006 Dragon Board Festival which will be taking place for the first time in Ithaca.

 WHEREAS, Tompkins County has a grant program for the tourism marketing and advertising of tourist-generating events using funds drawn entirely from Room Occupancy Tax, and
 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved:
 
Community Foundation of Tompkins County 2006 National Dance Week $4,000
Village of Groton    Visit Groton Campaign    3,500
Ithaca Asian American Association  2006 Dragon Boat Festival   3,000
                                                            $10,500
 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 211 - FUNDING OF TOURISM NEW INITIATIVES GRANTS

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.

 WHEREAS, Tompkins County has a grant program for the tourism new initiatives of tourist-generating events using funds drawn entirely from Room Occupancy Tax, and
 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved:
 Light in Winter, Inc.             2006 Light in Winter   $23,500
 Ithaca Asian American Association 2006 Dragon Boat Festival  $11,500
           $35,000

 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
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RESOLUTION NO.  212 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS

 MOVED by Ms. Herrera, seconded by Mr. Booth. Mrs. McBean-Clairborne also recognized the Town of Ithaca for giving back historic land -- Tutelo Park.  A voice vote resulted as follows:  Ayes – 14; Noes – 0; Excused - 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

 WHEREAS, Tompkins County has a grant program for community celebrations using funds drawn entirely from Room Occupancy Tax, and
 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved:
 
 Village of Groton 2006 Groton Olde Home Days   $ 2,000
 City of Ithaca  2006 Juneteenth       2,000
 City of Ithaca  2006 National Night Out         500
 Town of Ithaca  2006  Tutelo Park Opening Event     2,000
 Town of Newfield 2006 Newfield Old Home Days      2,000
 Village of Groton 2006 Winterfest        1,500
 City of Ithaca  2005 Latino Heritage Month Celebration      2,000
                        $12,000

 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION:  TYPE II-20

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

 Mr. Koplinka-Loehr, Chair, reported the Committee met on October 11.  He reported that the strategic planning process initiative continues to move forward, and Administration will committed $8,000 in rollover funds to follow through on performance measurements and will be using the Public Library as a trial department.  The Committee also received a draft revised policy on performance evaluation from the Personnel Department.  The purpose of the revised policy is to create consistency in how evaluations are done.

RESOLUTION NO. 213 - ADOPTION OF AMENDMENTS TO THE 2006 TENTATIVE  TOMPKINS COUNTY BUDGET AND 2006-2010 CAPITAL PROGRAM

  MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch.

 Mr. Koplinka-Loehr thanked the organization for meeting the goal that was established at the beginning of the budget process.  Mrs. McBean-Clairborne thanked Mr. Koplinka-Loehr for sheparding such a good process and for allowing Legislators to have the opportunity to get questions answered.

 It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer to amend OTR No. 116 - Offender Aid and Restoration (Maintain Staffing and Services), in the amount of $5,000 from One-time funding to Target funding; taking the funds out  of the Fund Balance rather than adding to the tax rate.

 Mr. Lane said he would prefer to wait until after the public hearing to consider any motions.

 A voice vote resulted as follows:  Ayes – 8 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne, Penniman, Robertson, and Schuler); Noes - 6 (Booth, Lane, Proto, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard).  MOTION CARRIED.

 It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Schuler, to adjust revenue for the Assigned Counsel program downward by $25,000 and to offset that amount using funds out of the Fund Balance.  A voice vote resulted as follows:  Ayes - 11, Noes - 3 (Legislator Lane, Todd, and Totman); Excused - 1 (Legislator Blanchard).  MOTION CARRIED.

 It was MOVED by Mr. Proto, seconded by Mr. Totman, to add to the proposed tentative budget the amount of $82,174 to fund one Deputy Sheriff.    A voice vote resulted as follows:  Ayes – 2 (Legislators Proto and Totman); Noes – 12; Excused – 1 (Legislator Blanchard).  MOTION FAILED.

 A voice vote on the resolution on the amended 2006 tentative Tompkins County Budget resulted as follows:  Ayes - 14, Noes - 0, Excused - 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

 WHEREAS, amendments to the 2006 tentative budget and 2006-2010 capital program, were recommended and filed by the Expanded Budget and Capital Committee on October 12, 2005, and
 WHEREAS, a public hearing is tentatively scheduled for November 9, 2005, 7:00 p.m., at the Legislative Chambers, now therefore be it
 RESOLVED, on recommendation of the Expanded Budget and Capital Committee, That the 2006 Tentative Budget and 2006-2010 Capital Program submitted by the County Administrator is hereby amended in accordance with the recommendations of the Expanded Budget Committee, the action taken by this Legislature on this date, and the Rules of the County Legislature and Article 7 of County Law for a total tax levy amount of $33,096,252.
SEQR ACTION:  TYPE II-21

__________________________

Approval of Minutes of September 20 and October 4, 2005

 It was MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of September 20 and October 4, 2005 as submitted.   MINUTES APPROVED.

Adjournment

 On motion the meeting adjourned at 6:46 p.m.

Respectfully submitted by Michelle Pottorff, TC Legislature
 

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