Chair Joseph called a public hearing to order at 5:30 p.m. concerning Local Law No. 3 of 2004 – A Local Law Amending Article 2.08 (C) of the Tompkins County Charter – Composition of Special Negotiating Committee.  No one wished to speak and the public hearing was closed at 5:31 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members

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

 Present:  15 Legislators.  Mr. Koplinka-Loehr was excused at 7:30 p.m.

Presentation of Proclamation

 Chair Joseph presented a proclamation declaring the week of October 24-30, 2004, to be Breast Cancer Awareness Week in Tompkins County to Chris Sanchirico of the Ithaca Breast Cancer Alliance.

Privilege of the Floor by the Public

 No member of the public wished to speak.

Presentation of Distinguished Youth Award

 Ms. Schuler, District No. 4 Legislator, presented the October Distinguished Youth Award to three members of the History Center’s Student Historian Initiative.  The students who received the award on behalf of the program were Matt Colbert, Rei Thompson, and Andrew Alexander.  Ms. Schuler stated:  “We are pleased to nominate the eighty student graduates of The History Center’s Student Historian Initiative as deserving recipients of the Tompkins County Distinguished Youth Award.     “How does the Program work?  Students are given specialized training and provided with unprecedented, hands-on access to our historic collections. They then choose an object from our collection and research its story. Next they write and publish original, compelling, and accurate newspaper articles read by a community-wide audience.  Finally they share their objects and the new information they have discovered with residents at Kendall, Longview and other community organizations. Who are the Student Historians?  High school and college students with an interest in discovering something new about a local historical object and its origin.  Athletes, class government officers, musicians, actors, school newspaper editors, Volunteers for Habitat for Humanity, the Red Cross, Amnesty International, and the Boy Scouts, Residents of Ithaca, Dryden, Newfield, Trumansburg, Homer, Groton, and Freeville.

Privilege of the Floor by Legislators

 Mr. Winch, District No. 8 Legislator, distributed an application on behalf of Better Housing for Tompkins County for a Christian workcamp that will be held during the week of July 10-16, 2005.   He said in 2003 there were 58 homes in Tompkins County where 400 youth spent a week in Tompkins County and locally purchased $30,000 worth of materials to do the work. Mr. Winch stated in 2003, there were 11,500 volunteer hours invested in performing work on homes that included installing wheelchair ramps, working on porches, and painting homes.  He said the Steering Committee is looking for more sites to work on in 2005 and urged members of the Legislature to submit an application if they know of a home that could use this service.  Mr. Winch also commended Better Housing for Tompkins County for the tremendous amount of work that organization does for Tompkins County.

 Ms. Robertson, District No. 13 Legislator, urged all Tompkins County citizens to cast a vote in the Election, November 2nd, and she asked Health Department staff to provide an update on flu vaccine clinics in the County.

  At this time Ms. Grinnell-Crosby, Public Health Administrator, provided the Legislature with a copy of an October 14, 2004, press release with regard to flu shots and the situation that has resulted in the nation’s flu vaccine supply being cut in half this year due to the license suspension of one of the manufacturers.  She said the Public Health Department is still assessing information on the flu vaccine.   As part of this assessment, the Department is also awaiting guidance from the New York State Department of Health (NYSDOH) and the CDC (Centers for Disease Control) on how best to handle this need. Ms. Grinnell-Crosby stated the Department continues to assess the situation daily; however, they expect to be able to provide a clinic in time to provide to sufficient immunity to those eligible.   She also distributed information on measures the public can take to avoid the flu.

 Mrs. McBean-Clairborne, District No. 2 Legislator, reported on October 17th a historic and momentous ceremony took place at St. James AME Zion Church to honor the U.S. Colored Infantry during the Civil War.  She stated the unveiling of a monument is a tribute to the African-American individuals who fought in the Civil War and who will be remembered for their patriotism, for their desire to fight for the end to slavery and for their support of the Union.   She said it was great to see that project, which has been in planning stages for the last four years and encouraged everyone to view it.

 Mrs. McBean-Clairborne also commented that it is important that our youth see value in life.  On October 18 the teens of GIAC organized in conjunction with the Friendship Network a disaster relief effort for the victims of the recent hurricane in Haiti.   She commented that it was a well-organized event and said the teens are still collecting items.  Mrs. McBean-Clairborne also announced a Halloween haunted-house party will be held at GIAC on October 22nd.

  Mr. Lane, District No. 14 Legislator, reported on an article that appeared in the Syracuse Post Standard regarding “Pork Barrel Giveaways”.  He said these are items that are paid for by the New York State budget by bonding well over $1 billion and are funneled through authorities such as the State Dormitory Authority and the taxpayer will have to pay for these and the interest for a period of ten years.
 Mr. Lane said while they may be worthwhile projects they are not subject to any scrutiny and he objects to doing business in this manner.   He reiterated his opinion that there needs to be constitutional reform in the State.

  Ms. Blanchard, District No. 1 Legislator, announced the United Way Campaign is underway and 26 percent of its goal has been met to date.  She asked legislators to complete and submit their donation cards.

  Mr. Proto, District No. 7 Legislator, said all legislators should have received an invitation to activities that will be taking place around Veteran’s Day; a November 7 parade in the City and a November 11 ceremony in DeWitt Park.  Legislator McBean-Clairborne to invite individuals she spoke of earlier in the meeting to attend.

  Ms. Schuler, District No. 4 Legislator, urged legislators to participate in the Breast Cancer Awareness Walkathon behind the County’s banner that is to be held on October 30th.

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

RESOLUTION  NO. 198 - APPROVING ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO
                                              $32,000,000 CIVIC FACILITY REVENUE BONDS (ITHACA COLLEGE PROJECT), SERIES 2004

 MOVED by Ms. Herrera, seconded by Ms. Blanchard.  Ms. Kiefer expressed concern that this resolution includes funds for a Chapel.   Ralph Genzel of Harris Beach Bond Counsel stated that the Chapel is non-denominational and that there are no legal issues for the County to issue bonds.   Mr. Joseph stated the bonds are for a building that is used for many purposes of which only one is for religious purposes.

 Mr. Proto asked about the fee coming to the IDA (Industrial Development Agency) and what the appropriate way for an organization to “tap” part of that fee would be.  Mr. Genzel responded the fee is typically one percent; however, it was reduced because this is a not-for-profit entity.   He said the use of the fee would be at the IDA’s discretion but would be used for economic development.

 Ms. Kiefer stated that she feels the explanation of giving money to a building and not a specific activity is a “slippery slope” explanation; however, she will accept it in this situation.

 Ms. Robertson questioned why Mr. Proto abstained from voting on this in Committee.  Mr. Proto said several years ago when Cornell University applied through the IDA for the Lakesource Cooling Project, several members did not support that because of the arrangements for the fee income and at that time part of the charge of the IDA was to create jobs that would last beyond the construction period.  Mr. Proto said there was only one job transferred from the Cornell Campus to the  Lakesource Cooling Plant, and he did not feel that constituted economic development in Tompkins County.  Mr. Proto said he abstained from voting on this because he wanted clarification on the fee.

 Mr. Proto said several members of this Legislature sat on the TCAT Board and have tried for years to get Ithaca College to contribute to TCAT.   He stated other institutions contribute large amounts to have buses run through campuses, but efforts to have Ithaca College contribute towards funding have been unsuccessful.

 A voice vote resulted as follows:  Ayes – 14, Noes – 1 (Legislator Proto).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Planning, Development and Environmental Quality Committee (the "Committee"), has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Ithaca College, a not-for-profit corporation duly organized and validly existing under the laws of the State of New York (the "College"), the Issuer proposes to issue its Civic Facility Revenue Bonds (Ithaca College Project), Series 2004, in an aggregate principal amount not to exceed $32,000,000 (the "Bonds"), and
 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") requires the approval by the Tompkins County Legislature (the "Legislature") prior to the issuance by the Issuer of the Bonds, and
 WHEREAS, the Committee desires to recommend to the Tompkins County Legislature that it give such approval in accordance with the Code, and
 WHEREAS, the project (the "Project") shall consist of (A) the acquisition of an interest in a portion of the real property comprising the College’s aggregate approximately 750-acre main campus located at 953 Danby Road (Route 96B), Ithaca, New York (collectively, the "Land") together with the existing buildings and certain other improvements located thereon including, but not limited to, certain academic, teaching and research facilities, certain dormitories and other housing facilities, certain auxiliary and utility plants (the "Existing Facilities", such Existing Facilities known as and consisting of Alumni Hall, consisting of approximately 17,600 square feet of space, Bogart Hall, consisting of approximately 30,700 square feet of space, Boothroyd Hall, consisting of approximately 16,000 square feet of space, Central Services/Warehouse, consisting of approximately 22,000 square feet of space, Ceracche Center, consisting of approximately 24,100 square feet of space, Clarke Hall, consisting of approximately 23,100 square feet of space, Compost Facility, consisting of approximately 5,000 square feet of space, Dillingham Center, consisting of approximately 78,700 square feet of space, Eastman Hall, consisting of approximately 23,100 square feet of space, East Tower, consisting of approximately 77,900 square feet of space, Egbert Hall, consisting of approximately 37,400 square feet of space, Emerson Hall, consisting of approximately 63,300 square feet of space, Fitness Center, consisting of approximately 42,300 square feet of space, Friends Hall, consisting of approximately 19,500 square feet of space, Gannett Center, consisting of approximately 86,500 square feet of space, Garden Apartments, consisting of approximately 114,700 square feet of space, Hammond Health Center, consisting of approximately 17,200 square feet of space, Center for Health Science, consisting of approximately 92,000 square feet of space, Hill Center, consisting of approximately 92,200 square feet of space, Hilliard Hall, consisting of approximately 23,100 square feet of space, Holmes Hall, consisting of approximately 23,100 square feet of space, Hood Hall, consisting of approximately 23,100 square feet of space, Job Hall, consisting of approximately 27,200 square feet of space, Landon Hall, consisting of approximately 30,700 square feet of space, Lyon Hall, consisting of approximately 27,500 square feet of space, Muller Chapel, consisting of approximately 6,000 square feet of space, Muller Faculty Center, consisting of approximately 26,500 square feet of space, Center for Natural Sciences, consisting of approximately 125,000 square feet of space, Observatory, consisting of approximately 750 square feet of space, Outdoor Pool, consisting of approximately 700 square feet of space, Park Hall, consisting of approximately 81,800 square feet of space, Phillips Hall, consisting of approximately 53,600 square feet of space, Physical Plant office building, consisting of approximately 5,000 square feet of space, Center for Public Safety and General Services, consisting of approximately 23,000 square feet of space, Rowland Hall, consisting of approximately 27,500 square feet of space, Smiddy Hall, consisting of approximately 35,600 square feet of space, Talcott Hall, consisting of approximately 23,100 square feet of space, Terrace Dining Hall, consisting of approximately 44,800 square feet of space, Terrace Residence Halls, consisting of approximately 188,300 square feet of space, Textor Hall, consisting of approximately 11,900 square feet of space, Towers Concourse and Towers Dining Hall, containing in the aggregate of approximately 23,000 square feet of space, West Tower, consisting of approximately 77,900 square feet of space, Whalen Center for Music, consisting of approximately 141,800 square feet of space and Williams Hall, consisting of approximately 71,100 square feet of space); (B) the renovation of the Existing Facilities to (i) extend the useful life of the Existing Facilities, comply with New York State mandated fire/life safety code and environmental requirements, and maintain energy efficient operations, (ii) expand and functionally improve academic, teaching and research facilities, upgrade classrooms to accommodate new technologies and improve and replace major building systems and components which will also include roof replacement, structural repairs, exterior masonry and window repair and replacement, installation of a student information system, and rebuilding the existing electrical infrastructure; including related site work, parking and auxiliary facilities (as so renovated, the "Renovated Facilities"), (C) the acquisition and installation in and around the Renovated Facilities of certain items of machinery, equipment and other tangible personal property (the "Equipment" and collectively  with the Land, the Existing Facilities and the Renovated Facilities, the "Facility"); (D) paying certain costs and expenses incidental to the issuance of the Bonds; (E) funding a debt service reserve fund to secure the Bonds (the costs associated with items (A) through (E) above being hereinafter collectively referred to as the "Project Costs"); and (F) the lease (with an obligation to purchase), purchase of or other transfer of an interest in the facilities financed with the Bonds by the College or such other person as may be designated by the College and agreed upon by the Issuer, and
 WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to:  (i) pay all or a substantial portion of the cost of financing certain costs incurred by the College in its undertaking of the Project; and (ii) pay reserves and costs incidental to the issuance of the Bonds, and
 WHEREAS, the Project involves a "Type II Action" as said term is defined under Article 8 of the Environmental Conservation Law and Regulations adopted thereto by the Department of Environmental Conservation of the State (collectively "SEQR"), and, therefore, no further action need be taken by the Issuer under SEQR, and
 WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Tompkins County Legislature after a public hearing to consider both the issuance of the Bonds and the nature and location of the facilities financed therewith has been conducted following reasonable public notice, and
 WHEREAS, the Issuer will hold a public hearing upon proper notice in compliance with the Code, and
 WHEREAS, the Committee, after due consideration of the foregoing, desires to recommend to the Tompkins County Legislature that it approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation Tompkins County, New York, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, New York, shall be liable thereon, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That:
  Section 1. The Committee hereby recommends that the Tompkins County Legislature, as the applicable elected representative of Tompkins County, New York, give its approval of the issuance of the Bonds in accordance with Section 147(f) of the Code.
 Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds.
 Section 3. This Resolution shall take effect immediately.
SEQR ACTION:  TYPE II-20
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Presentation of Resolution(s) from the Health and Human Services Committee

RESOLUTION NO. 199 - URGING RESCISSION OF REGIONAL TRANSPORTATION
         CEILINGS UNDER SECTION 4410 OF THE STATE EDUCATION
         LAW - HEALTH DEPARTMENT

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

 WHEREAS, New York counties are mandated to provide services including transportation to eligible children with special needs enrolled in the preschool special education program (Section 4410 of the State Education Law), and
 WHEREAS, Chapter 474 of the Laws of 1996 established, with the approval of the Director of the State Division of Budget, regional ceilings for each region of the State as defined by the Commissioner, for the maximum allowable State reimbursement for transportation, and
 WHEREAS, Chapter 474 further directed that, in developing such ceilings the Commissioner would consider the size of the geographic areas to be served, the projected number of children requiring transportation services and such other factors as the Commissioner determined may influence the cost of transportation services, and
 WHEREAS, counties are mandated to provide transportation to sites and adhere to service levels that are prescribed by school districts, provide quality transportation to disabled young children, and must comply with procurement requirements contained in Education Law and General Municipal Law, thereby restricting the ability of municipalities to provide lowest cost, quality transportation services, and
 WHEREAS, the ceilings that were established by the State are not sensitive to regional or individual county costs, geography, population density, or numbers of children to be served, and
 WHEREAS, the statewide per pupil transportation regional average per trip rate does not account for cost of living factors, market availability of qualified transportation vendors, increased safety requirements, and/or increased least restrictive environment sites with fewer children being transported, resulting in a loss of economies of scale, and
 WHEREAS, in a survey conducted by the New York State Association of County Health Officials in summer 2004, fully two-thirds, or 26 of the 39 responding counties reported that their transportation costs had exceeded the state reimbursement ceiling; transportation costs statewide that exceeded the cap in 2003-04 was reported to be $17.3 million - a fifty-seven percent increase over the amount exceeding the cap in just the previous year, and on average, thirty-one percent of transportation costs were over the cap, now therefore be it
 RESOLVED,  on recommendation of the Health and Human Services and Budget and Capital Committees, That the Tompkins County Legislature urges the rescission of reimbursement ceilings for regional transportation rates because they have failed to reduce costs, and do not foster appropriateness of services to eligible children enrolled in the program,
RESOLVED, further That copies of this resolution be forwarded to Governor George Pataki; Senate Speaker Joseph Bruno; Assembly Speaker Sheldon Silver; Senator James. L. Seward; Senator Michael Nozzolio; Senator John R. Kuhl; Assemblywoman Barbara Lifton; and the New York State Association of Counties.
SEQR ACTION:  TYPE II-20
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Chair’s Report

 Mr. Joseph announced the swipe card system for reentry into the back door of the Courthouse is not working properly at this time.

 Mr. Joseph also reported on the sales tax holiday approaching in January, 2005 and stated that if this Legislature wishes to participate no action needs to be taken.  He stated he is bringing this to the attention of members to alert anyone who wishes not to participate, that they need to bring forth a resolution for this Legislature to act on.

Report from the County Administrator

 Mr. Whicher had no report, but asked for an Executive Session at the end of the meeting to discuss negotiations.

Report from the County Attorney

 Mr. Wood reported on the case involving a contractor for the Public Works Facility.  He stated that case has been resolved and the court has ruled that the County did not have to pay any additional money to the contractor.   Mr. Wood also read part of a letter from an attorney for another New York State county with regard to litigation that is taking place on behalf of counties against pharmaceutical companies and inflated prescription costs.  He said the letter invites Tompkins County to join several other New York State counties in the suit.  Mr. Joseph referred this matter to the Government Operations Committee.
 

Report from the Finance Director

 Mr. Squires provided the Legislature with an update on sales tax receipts and stated revenues are up by eight percent over last year for the first three quarters.  He stated if the County receives the amount budgeted for the fourth quarter, the County would end the year with $1.6 million over budget.   He also spoke to the resolution being added to the agenda relating to re-financing half of the County’s debt and said this opportunity will save the County $1 million over 15 years.

Resolution(s) Approved Under the Consent Agenda

RESOLUTION NO. 200 - AWARD OF BID - CURBSIDE RECYCLING - SOLID WASTE
        DIVISION

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda.
  WHEREAS, the Department of Finance has duly advertised for bids for curbside collection of recyclables, and
 WHEREAS, two (2) bids were received and publicly opened and read on September 17, 2004, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for curbside collection of recyclables be awarded to Casella Waste Systems of NY, Inc./d.b.a. Superior Disposal of Newfield, New York, being the lowest responsible bidder with a base bid of $15.34 per unit,
 RESOLVED, further, That the bid be awarded for a term of five (5) years, with services commencing on or about October 15, 2004, renewable by mutual consent for up to two (2) additional three-year extensions,
 RESOLVED, further, That the Solid Waste Division be authorized to implement this bid on behalf of Tompkins County,
 RESOLVED, further, That the County Administrator be authorized to execute a contract to implement this bid.
SEQR ACTION:  TYPE II-20
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RESOLUTION NO.  201 - AUTHORIZATION TO EXECUTE A CONTRACT WITH
          DEWBERRY - GOODKIND, INC., FOR DESIGN SERVICES –                  CODDINGTON ROAD RECONSTRUCTION PROJECT

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

 WHEREAS, the State of New York has included in the State Transportation Improvement Program (the STIP) a project whereby Federal sources will furnish 80 percent and State sources may furnish 15 percent of funding necessary for the reconstruction of Coddington Road between the Ithaca City Line and Danby Town Line in the Town of Ithaca, and
 WHEREAS, the project has been evaluated by the Ithaca-Tompkins County Transportation Council to assure consistency with the community goals and objectives established in its Long Range Plan, and
 WHEREAS, the Tompkins County Highway Division employed a consultant selection process in compliance with Federal and State requirements called the “Locally Driven Selection Arrangement” (LDSA) to chose a firm to provide design services, and
WHEREAS, Highway Division staff interviewed six (6) consultants through said LDSA process and recommended Dewberry-Goodkind, Inc., as best qualified to design the project, and
 WHEREAS, New York State Department of Transportation will not request obligation of Federal aid for the project until the County Legislature commits in some fashion to advancing the project, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That upon obligation of Federal funds, the County Administrator or his designee be and hereby is authorized to execute a contract with Dewberry-Goodkind, Inc., of 183 East Main Street, Suite 700, Rochester, NY, for design and right of way incidental services in connection with the referenced project for an amount not to exceed $900,000,
 RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10 percent of the aforementioned contract amount, funds to be provided from capital account HZ5103.53.08 (Coddington Road Capital Project Account).
SEQR ACTION: TYPE II- 21
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RESOLUTION NO. 202 - AUTHORIZATION TO EXECUTE A CONTRACT WITH
       BARTON AND LOGUIDICE, P.C. FOR DESIGN SERVICES –
       STATION ROAD CULVERT REPLACEMENT PROJECT -
       HIGHWAY DIVISION

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

 WHEREAS, the State of New York has included in the State Transportation Improvement Program (the STIP) a project whereby Federal sources will furnish 80 percent and State sources may furnish 15 percent of funding necessary for the replacement of a culvert carrying Station Road over Cayuga Inlet, and
 WHEREAS, the project has been evaluated by the Ithaca-Tompkins County Transportation Council to assure consistency with the community goals and objectives established in its Long Range Plan, and
 WHEREAS, the Tompkins County Highway Division employed a consultant selection process in compliance with Federal and State requirements called the “Locally Driven Selection Arrangement” (LDSA) to chose a firm to provide design services, and
 WHEREAS, Highway Division staff interviewed six (6) consultants through said LDSA process and recommended Barton and Loguidice, P.C. as best qualified to design the project, and
 WHEREAS, New York State Department of Transportation will not request obligation of Federal aid for the project until the County Legislature commits in some fashion to advancing the project, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That upon obligation of Federal funds, the County Administrator or his designee be and hereby is authorized to execute a contract with Barton and Loguidice, P.C., of 290 Elwood Davis Road, Syracuse, New York, for design services in connection with the referenced project for an amount not to exceed $79,000,
 RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10 percent of the aforementioned contract amount, funds to be provided from capital account HZ5103.53.13 (Station Road Capital Project Account).
SEQR ACTION: TYPE II- 21
_____________________
 
 

RESOLUTION NO. 203 - AUTHORIZATION TO EXECUTE A CONTRACT WITH
       DELTA ENGINEERS, P.C. FOR DESIGN SERVICES –
       RINGWOOD ROAD BRIDGE REPLACEMENT PROJECT
      (BIN 3314160) - HIGHWAY DIVISION

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

 WHEREAS, the State of New York has included in the State Transportation Improvement Program (the STIP) a project whereby Federal sources will furnish 80 percent and State sources may furnish 15 percent of funding necessary for the replacement of the Ringwood Road bridge over Cascadilla Creek, and
 WHEREAS, the project has been evaluated by the Ithaca-Tompkins County Transportation Council to assure consistency with the community goals and objectives established in its Long Range Plan, and
 WHEREAS, the Tompkins County Highway Division employed a consultant selection process in compliance with Federal and State requirements called the “Locally Driven Selection Arrangement” (LDSA) to chose a firm to provide design services, and
 WHEREAS, Highway Division staff interviewed six (6) consultants through said LDSA process and recommended Delta Engineers, P.C. as best qualified to design the project, and
 WHEREAS, New York State Department of Transportation will not request obligation of Federal aid for the project until the County Legislature commits in some fashion to advancing the project, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That upon obligation of Federal funds, the County Administrator or his designee be and hereby is authorized to execute a contract with Delta Engineers, P.C., of 164 Court Street, Binghamton, NY, for design services in connection with the referenced project for an amount not to exceed $119,663,
 RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10 percent of the aforementioned contract amount, funds to be provided from capital account HZ5103.53.11 (Ringwood Bridge Capital Project Account).
SEQR ACTION: TYPE II- 21
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RESOLUTION NO. 204 - AUTHORIZATION TO EXECUTE A CONTRACT WITH
       BARTON AND LOGUIDICE, P.C., FOR DESIGN SERVICES –
       NEWFIELD DEPOT ROAD BRIDGE REHABILITATION
       PROJECT (BIN 3314380) - HIGHWAY DIVISION

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

 WHEREAS, the State of New York has included in the State Transportation Improvement Program (the STIP) a project whereby Federal sources will furnish 80 percent and State sources may furnish 15 percent of funding necessary for the rehabilitation of Newfield Depot Road bridge over Cayuga Inlet, and
 WHEREAS, the project has been evaluated by the Ithaca-Tompkins County Transportation Council to assure consistency with the community goals and objectives established in its Long Range Plan, and
 WHEREAS, the Tompkins County Highway Division employed a consultant selection process in compliance with Federal and State requirements called the “Locally Driven Selection Arrangement” (LDSA) to chose a firm to provide design services, and
 WHEREAS, Highway Division staff interviewed six (6) consultants through said LDSA process and recommended Barton and Loguidice, P.C., as best qualified to design the project, and
 WHEREAS, New York State Department of Transportation will not request obligation of Federal aid for the project until the County Legislature commits in some fashion to advancing the project, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That upon obligation of Federal funds, the County Administrator or his designee be and hereby is authorized to execute a contract with Barton and Loguidice, P.C., of 290 Elwood Davis Road, Syracuse, NY, for design services in connection with the referenced project for an amount not to exceed $101,000,
 RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10 percent of the aforementioned contract amount, funds to be provided from capital account HZ5103.53.09 (Newfield Depot Bridge Capital Project Account).
 SEQR ACTION: TYPE II- 21
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RESOLUTION NO. 205 - APPROVAL OF CONTRACT BETWEEN THE COUNTY AND THE
        CHAMBER OF COMMERCE/CONVENTION AND VISITORS
         BUREAU FOR TOURISM SERVICES

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

 WHEREAS, the Legislature has contracted with the Tompkins County Chamber of Commerce (the "Chamber") for the several years to carry out services as part of the County's tourism promotion program, and
 WHEREAS, that current contract will expire on December 31, 2004, and
 WHEREAS, the County has provided funding for this contract entirely from the Room Tax account, and
 WHEREAS, a new five-year contract for tourism services between the Chamber and the County has been reviewed and recommended by the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality  Committee, That the contract between the Chamber and the County for the period January 1, 2005, through December 31, 2009, is hereby approved,
 RESOLVED, further, That $821,520 for this contract shall be taken from Account No. 6475.54497 Room Tax account as approved in the 2005 County budget, or as approved each subsequent year,
 RESOLVED, further, That the County Administrator or his designee is authorized to execute all contracts and documents necessary pertaining to this agreement.
SEQR ACTION:  TYPE II-20
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RESOLUTION NO. 206 –  AWARD OF TOURISM CAPITAL GRANTS FROM ROOM
                                              OCCUPANCY TAX FUND

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

 WHEREAS, Resolution No. 147 of 2003, authorized the County to enter into an agreement with Tompkins County Area Development (TCAD) to administer the Tourism Capital Grants Process, which included designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and
 WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants, and
 WHEREAS, TCAD reviewed the following projects with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following projects will encourage the development of tourism products and attractions in order to improve community assets, increase the tourism business in the County and to increase the income from the Room Occupancy tax, and the grant awards have been reviewed and recommended by the STPB, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality  Committee, That the County Administrator or his designee is authorized to sign all documents related to these projects:

Entity   Project   2003 Allocation    2004 Allocation
PRI-
(Museum of the Earth)  Building Expansion       $25,000                  Yr 2       $25,000
            of 5
Historic Ithaca               State Theatre-
Phase 2                          $25,000                   Yr 2       $25,000
      of 5
Sciencenter                    Mini-golf Course           $15,000                    Yr. 2:    $10,000
              of 2
SEQR ACTION: TYPE  II-20
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RESOLUTION NO. 207 - ACCEPTANCE OF A SCENIC BYWAYS GRANT FROM THE
     NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO
     IMPLEMENT THE CAYUGA LAKE SCENIC BYWAY CORRIDOR
     MANAGEMENT PLAN - 2004

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

 WHEREAS, the New York State Department of Transportation (NYSDOT) has awarded grant funds to implement the Cayuga Lake Scenic Byway Corridor Management Plan, and

 WHEREAS, the grant funds will be used to develop a website and marketing materials to promote additional visitors to the Cayuga Lake Scenic Byway and adjoining communities, and

WHEREAS, the grant requires a local sponsor for the grant, and
WHEREAS, Cayuga Lake Scenic Byway, Inc., a not-for-profit corporation of New York State, has requested Tompkins County to act as local sponsor of the grant, and
WHEREAS, the Department of Planning is prepared to work with Cayuga Lake Scenic Byway, Inc., to manage this program, and
WHEREAS, Cayuga Lake Scenic Byway, Inc., is prepared to provide the required match for the grant, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby agrees to act as local sponsor for the grant,
RESOLVED, further, That the County hereby accepts the NYSDOT Scenic Byway grant in the amount of $12,000,
RESOLVED, further, That the County Administrator or his designee be authorized to execute a contract with Cayuga Lake Scenic Byway, Inc., for the purposes of managing the grant,
RESOLVED, further, That the County Administrator or his designee be authorized to execute any other contracts related to this project.
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RESOLUTION NO. 208 - AUTHORIZING AMENDMENT TO CASH MANAGEMENT AND
        INVESTMENT POLICY - APPENDIX A DEPOSITORIES
     (RESOLUTION NO. 46 OF 2004)

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda.  Mr. Proto disclosed that he is a stockholder in the Bank of America.

 WHEREAS, Article 2, Section 10 of the General Municipal Law requires each local government to authorize depositories for public funds, and
 WHEREAS, as a result of changes in financial institutions located in Tompkins County it is necessary to amend the Schedule of Authorized Depositories, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That Appendix A Depositories of the Adopted Cash Management and Investment Policy (Resolution No. 46 of 2004), is hereby modified to substitute Bank of America for Fleet Bank, and to add First Niagara Commercial Bank as an additional authorized depository.
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Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

 Mr. Booth, Chairman, stated at the last meeting the Committee discussed the Solid Waste Annual Fee.  He reported the residential fee will remain the same for 2005; because of various savings in operations it has not been necessary to increase the fee.   Mr. Booth said fees for educational institutions will go up because of changes in formula calculations.  He also said the Committee will be discussing the formula to be used in 2006 and beyond.

 Mr. Booth reported Ed Marx, Deputy County Administrator, has established a schedule for the Highway Manager positions search.   He reported the County was contacted by the New York State Department of Transportation a couple of weeks ago, at which time they were not sure they were going to continue supporting the County’s projects without a clear commitment that the County would proceed and not delay them and that is why the resolutions appear on the agenda.

 Mr. Booth reported at this time there is no Marcheselli funding for the projects on the agenda this evening; however, there will be a renewed effort to obtain it next year.

 RESOLUTION NO. 209 - AUTHORIZATION TO EXECUTE A CONTRACT WITH FISHER
       ASSOCIATES FOR DESIGN SERVICES – HANSHAW ROAD
       RECONSTRUCTION PROJECT - HIGHWAY DIVISION

 MOVED by Mr. Booth, seconded by Mr. Penniman.  Mr. Proto questioned staging the construction of this project.  Mr. Booth responded that the County is at the beginning of this project and believes those details will all be worked out.   Mr. Penniman asked if the County has consistent design standards and to what extent will the public be involved.   Mr. Booth said these are federal projects that have guidelines.  He said there will be ample discussion with town leaders and there will likely be public meetings with major projects.  He noted there is some flexibility but there are some limits.    A voice vote resulted as follows:  Ayes – 15, Noes – 0.  RESOLUTION ADOPTED.

 WHEREAS, the State of New York has included in the State Transportation Improvement Program (the STIP) a project whereby Federal sources will furnish 80 percent and State sources may furnish 15 percent of funding necessary for the reconstruction of Hanshaw Road between Sapsucker Woods Road and the Village of Cayuga Heights in the Town of Ithaca, and
 WHEREAS, the project has been evaluated by the Ithaca-Tompkins County Transportation Council to assure consistency with the community goals and objectives established in its Long Range Plan, and
 WHEREAS, the Tompkins County Highway Division employed a consultant selection process in compliance with Federal and State requirements called the “Locally Driven Selection Arrangement” (LDSA) to chose a firm to provide design services, and
 WHEREAS, Highway Division staff interviewed six (6) consultants through said LDSA process and recommended Fisher Associates as best qualified to design the project, and
 WHEREAS, New York State Department of Transportation will not request obligation of Federal aid for the project until the County Legislature commits in some fashion to advancing the project, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That upon obligation of Federal funds, the County Administrator or his designee be and hereby is authorized to execute a contract with Fisher Associates, of 135 Calkins Road, Rochester, NY, for design services in connection with the referenced project for an amount not to exceed $419,259,
 RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10 percent of the aforementioned contract amount, funds to be provided from capital account HZ5103.53.10 (Hanshaw Road Capital Project Account).
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RESOLUTION NO. 210 - AUTHORIZATION TO EXECUTE A CONTRACT WITH
       BERGMANN ASSOCIATES FOR DESIGN SERVICES – WARREN
       ROAD RECONSTRUCTION PROJECT - HIGHWAY DIVISION

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

 WHEREAS, the State of New York has included in the State Transportation Improvement Program (the STIP) a project whereby Federal sources will furnish 80 percent and State sources may furnish 15 percent of funding necessary for the reconstruction of Warren Road between State Route 13 and Asbury Road in the Town and Village of Lansing, and
 WHEREAS, the project has been evaluated by the Ithaca-Tompkins County Transportation Council to assure consistency with the community goals and objectives established in its Long Range Plan, and
 WHEREAS, the Tompkins County Highway Division employed a consultant selection process in compliance with Federal and State requirements called the “Locally Driven Selection Arrangement” (LDSA) to chose a firm to provide design services, and
 WHEREAS, Highway Division staff interviewed six (6) consultants through said LDSA process and recommended Bergmann Associates, as best qualified to design the project, and
 WHEREAS, New York State Department of Transportation will not request obligation of Federal aid for the project until the County Legislature commits in some fashion to advancing the project, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That upon obligation of Federal funds, the County Administrator or his designee be and hereby is authorized to execute a contract with Bergmann Associates, of 28 East Main Street, Rochester, New York, for design services in connection with the referenced project for an amount not to exceed $741,000,
 RESOLVED, further, That the County Administrator or his designee be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10 percent of the aforementioned contract amount, funds to be provided from capital account HZ5103.53.12 (Warren Road Capital Project Account).
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RESOLUTION NO. 211 -  AUTHORIZING ACCEPTANCE OF A SUPPLEMENTAL GRANT
      AGREEMENT (No.9) TO THE TEN-YEAR MASTER AGREEMENT
      FROM THE NEW YORK STATE DEPARTMENT OF
      TRANSPORTATION (NYSDOT) – TO REHABILITATE, MARK
      AND LIGHT TRANSIENT RAMP (APPROX 27,500 SY)
      INCLUDING ASSOCIATED DRAINAGE – ITHACA TOMPKINS
      REGIONAL AIRPORT

 MOVED by Mr. Booth, seconded by Mr. Lane.  Ms. Herrera stated she asked for this to be pulled from the Consent Agenda because she feels it is important that the public know that the local share for this is equivalent to the amount that the Airport’s expenses exceed their revenues.  She said right now every time a grant is accepted, the length of time it will take to pay back the Federal government is extended.  She said every time the County agrees to take on a local share, it is by default supporting the Airport even though an agreement hasn’t been reached that it should no longer be an enterprise and be supported by County government.  A voice vote resulted as follows:  Ayes – 14, Noes – 1 (Legislator Herrera).  RESOLUTION ADOPTED.

WHEREAS, New York State Department of Transportation has offered a matching grant of $38,419 to the Federal Aviation Administration  (FAA) grant for the project listed in the resolution title, above, said FAA grant being accepted  by the Tompkins County Legislature through Resolution No. 166 on August 17, 2004, and
     WHEREAS, the total budget for the projects listed above is as follows:

              FAA Share         (95.0%)  Account No. HT 5601.44592          $ 1,459,904
              NYSDOT Share (  2.5% )          Account No. HT 5601.43592          $      38,419
            *Local Share        (  2.5% )          Account No. HT 5601.45031          $      38,418
                                               Total          Account No. HT 5601.59239          $ 1,536,741
            *Airline Rates and Charges
and
      WHEREAS, the NYSDOT share may be increased by up to 15 percent to a maximum of $44,182 based on approved eligible costs, now therefore be it
      RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT Supplemental Agreement No. 9 be and hereby is accepted and the County Administrator is authorized to execute the required documents.
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Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee

 Ms. Herrera, Chair, reported the Committee met on October 6 and will meet again on November 3.  She said most of the Committee’s business was reflected under the Consent Agenda.  She said the County did not get a 2004 housing grant for the First Time Homeownership in the amount of $600,000.   She said the County has applied and received funding for this program six times since 1993 and now it can operate for a year or two with funding from previous grants.   She noted last year there were over 200 homes purchased through the program and the foreclosure rate is less than one percent.

RESOLUTION NO. 212 - AUTHORIZATION TO ACCEPT 2004 SNOWMOBILE TRAILS
      GRANT-IN-AID

 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote.   Ms. Robertson asked about administration of this grant and what possibilities exist for obtaining funds to cover those costs.  Mr. Marx stated staff time has been reduced in the last couple of years and estimates staff spend about 40 hours per year; the cost to be approximately $1,200 per year.  At this time there is no reimbursement for these costs and he feels bringing up the issue would take more time and cost than it currently takes to administer the program.   RESOLUTION ADOPTED.

 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 197 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 2004 Snowmobile Trails Grant-In-Aid funds in the event that grant funds are awarded.
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Report from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, reported the October 7 meeting was cancelled and the Committee has not met since the last Legislature meeting.

Addition of Resolution(s) to the Agenda

 On motion and duly seconded and unanimously adopted by voice vote, the following resolution was added to the agenda:

 A Resolution Authorizing the Issuance Pursuant to Section 90.10 of the Local Finance Law of Refunding Bonds of the County of Tompkins, New York, to be Designated “Public Improvement Refunding (Serial) Bonds”, and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby.
 

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

 Mr. Koplinka-Loehr, Chair, reported the Committee met on October 12 and received highlights of the State Budget from Mr. Whicher.   At that meeting the Committee discussed a request by the Grange to review home heating fuel sales tax and a possible exemption.  The Committee decided not to go forward with that at this time.  The Committee also began to look at a real estate transfer tax and will continue discussion on this at a future meeting. The next regular Committee meeting will be November 9 at 11:30 a.m.

RESOLUTION NO. 213 - ADOPTION OF AMENDMENTS TO THE 2005 TENTATIVE
      TOMPKINS COUNTY BUDGET AND 2005-2009 CAPITAL
       PROGRAM

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman.   Mrs. McBean-Clairborne asked what the budget represents in terms of tax levy and tax rate and was informed it represents  a 6.27 % tax levy increase and a 4% tax rate decrease.   Ms. Herrera stated she feels the increase is too much higher than that recommended by the County Administrator.    A voice vote resulted as follows:  Ayes – 12, Noes – 3 (Herrera, McBean-Clairborne, and Robertson).  RESOLUTION ADOPTED.

 WHEREAS, amendments to the 2005 tentative budget and 2005-2009 capital program, were recommended and filed by the Expanded Budget and Capital Committee on October 15, 2004, and
 WHEREAS, a public hearing is tentatively scheduled for November 9, 2004, 7:00 p.m., at the Ithaca Town Hall, now therefore be it
 RESOLVED, on recommendation of the Expanded Budget and Capital Committee, That the 2005 Tentative Budget and 2005-2009 Capital Program submitted by the County Administrator is hereby amended in accordance with the Rules of the County Legislature and Article 7 of County Law  for a total tax levy amount of $33,003,560.
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RESOLUTION NO. 214 - SCHEDULING A PUBLIC HEARING ON THE 2005 TOMPKINS
     COUNTY BUDGET AND THE 2005-2009 TOMPKINS COUNTY
     CAPITAL PROGRAM

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

 WHEREAS, the tentative 2005 Tompkins County Budget and the 2005 – 2009 Tompkins County Capital Program are scheduled to be adopted on November 16, 2004, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Tompkins County Legislature at the Ithaca Town Hall, located at 215 North Tioga Street, Ithaca, New York on Tuesday, November 9, 2004, at 7:00 o'clock in the evening thereof concerning the review of the tentative 2005 Tompkins County Budget and the 2005-2009 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.
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RESOLUTION NO. 215 - ESTABLISHING AN APPROVAL PROCEDURE FOR FILLING
      VACANT POSITIONS

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.  A request was made that the resolution include a stipulation that the requests must first be  reviewed by the County Administrator and Personnel Commissioner; this was considered friendly.

 Ms. Kiefer said she would like the resolution to report the results of the review by the County Administrator and the Personnel Commissioner.    It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to amend the resolution to include the following language in the first RESOLVED:  “RESOLVED, on recommendation of the Budget and Capital Committee, That when a department head or division head wishes to fill a vacancy the appropriate request form must first be reviewed and recommended on by the County Administrator and Personnel Commissioner,”.   Mr. Koplinka-Loehr spoke to the amendment and stated that waiting for the results of the review by the County Administrator and Personnel could add time to the process.

 Mr. Proto asked what happens to the funding for the positions that are left vacant.  Mr. Whicher stated there is a procedure that if and when an adjustment for salary increases those funds will not be paid to the department until the end of the year and only if necessary.

 A voice vote on the amendment resulted as follows:  Ayes – 4 (Legislators Kiefer, Penniman, Proto, and Todd); Noes – 11.  MOTION FAILED.

 A voice vote on the resolution resulted as follows:  Ayes – 15, Noes – 0.  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Government has a need to efficiently reduce staffing in order to meet severe fiscal constraints, and
 WHEREAS, staff reductions by attrition are preferable to layoffs, due to the negative impact of layoffs on employee morale, as well as the ongoing cost of unemployment insurance and health benefits, and
 WHEREAS, leaving positions vacant when they may be subject to elimination in the next budget cycle could help to avoid a future layoff, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That when a department head or division head wishes to fill a vacancy the appropriate request form must first be reviewed by the County Administrator and Personnel Commissioner,
 RESOLVED, further, That the filling of all vacant County positions must be approved by both the appropriate program committee and the Budget and Capital Committee of the County Legislature,
 RESOLVED, further, That in order to prevent unnecessary delays, the program committee chair may call a special meeting to expedite the procedure,
 RESOLVED, further, That this procedure shall remain in effect until the end of 2005,
 RESOLVED, further, That the Commissioner of Personnel shall provide a monthly staffing report to the Legislature.
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RESOLUTION NO. 216 – FISCAL POLICY – SECTION 5.03 TRANSFERS – DEPARTMENT
     ENTITLEMENTS

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

 WHEREAS, the Fiscal Policy, Section 5.03.B, Departmental Entitlements, relates to reimbursements for expended funds that the Legislature will ordinarily pay for and that department heads should be able to plan for, and
 WHEREAS, the Fiscal Policy, Section 5.03.B.1, Departmental Entitlements, states that costs of terminal pay for employees as defined in union bargaining agreements and Administrative Policies 03-01 and 03-02, Management and Confidential Employee Fringe Benefits will be reimbursed under certain circumstances, and
 WHEREAS, the Fiscal Policy Section 5.03.B Departmental Entitlements, states that if there are circumstances under which the Legislature elects not to reimburse these expenses notice should be provided to any affected department head(s) by Legislature resolution, and
 WHEREAS, the Airport and Solid Waste are enterprise organizations within Tompkins County, and
 WHEREAS, Ithaca-Tompkins County Transportation Council and Workforce Development receive funding from outside sources and do not receive funding from Tompkins County, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature will not authorize the reimbursement for the costs of terminal pay for the Airport, Solid Waste, Ithaca-Tompkins County Transportation Council, and Workforce Development and directs County Administration to notify said departments and enterprise units of this determination.
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RESOLUTION NO. 217 - A RESOLUTION AUTHORIZING THE ISSUANCE
      PURSUANT TO SECTION 90.10 OF THE LOCAL FINANCE
      LAW OF REFUNDING BONDS OF THE COUNTY OF
      TOMPKINS, NEW YORK, TO BE DESIGNATED "PUBLIC
      IMPROVEMENT REFUNDING (SERIAL) BONDS", AND
      PROVIDING FOR OTHER MATTERS IN RELATION
      THERETO AND THE PAYMENT OF THE BONDS TO BE
      REFUNDED THEREBY

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Totman.  Ms. Kiefer asked Mr. Squires to summarize what the refunded issues are for, since the attachments referred to were not attached.  She also asked Mr. Squires to explain why the new amount to be financed is higher than the amount being refinanced.  Mr. Squires explained the extra amount is for escrow and fees paid to brokers and attorneys, but it still saves Tompkins County money.  Ms. Kiefer referred to Section 14 and asked that it only list the Finance Director, County Clerk, and Clerk of the Legislature rather than all employees and agents for the County as responsible for delivering and executing all documents.   Mr. Squires said he would explore this suggestion with Bond Counsel.   A roll call vote resulted as follows:  Ayes – 15, Noes – 0.  RESOLUTION ADOPTED.

WHEREAS, the County of Tompkins, New York (the "County"), heretofore issued an aggregate principal amount of $3,985,000 Public Improvement (Serial) Bonds, 1998, Series A, pursuant to bond resolution dated April 20, 1993, for various objects or purposes, all as set forth and described in Exhibit A?1 attached hereto and hereby made a part hereof, and pursuant to a Bond Certificate of the County Finance Director dated March 26, 1998 (the "Series A Refunded Bonds Bond Certificate"), such $3,985,000 Public Improvement (Serial) Bonds, 1998, Series A, being dated April 1, 1998, and maturing, or matured, in the amount of $125,000 on April 1, 1999, $130,000 on April 1, 2000, $135,000 on April 1, 2001, $140,000 on April 1, 2002, $150,000 on April 1, 2003, $155,000 on April 1, 2004, $165,000 on April 1, 2005, $170,000 on April 1, 2006, $180,000 on April 1, 2007, $190,000 on April 1, 2008, $195,000 on April 1, 2009, $205,000 on April 1, 2010, $215,000 on April 1, 2011, $225,000 on April 11, 2012, $235,000 on April 1, 2013, $250,000 on April 1, 2014, $260,000 on April 1, 2015, $275,000 on April 1, 2016, $285,000 on April 1, 2017, and $300,000 on April 1, 2018, as more fully described in the Series A Refunded Bonds Bond Certificate (the "1998 Series A Bonds"), and
WHEREAS, it would be in the public interest to refund the $3,150,000 outstanding principal balance of the 1998 Series A Bonds maturing on April 1, 2005, and thereafter, (the “1998 Series A Refunded Bonds”) by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law, and
WHEREAS, the County heretofore also issued an aggregate principal amount of $12,520,150 Public Improvement (Serial) Bonds, 1998, Series B, pursuant to various bond resolutions for various objects or purposes, all as set forth and described in Exhibit A?2 attached hereto and hereby made a part hereof, and pursuant to a Bond Certificate of the County Finance Director dated March 26, 1998 (the "Series B Refunded Bonds Bond Certificate"), such $12,520,150 Public Improvement (Serial) Bonds, 1998, Series B, being dated April 1, 1998, and maturing, or matured, in the amount of $330,150 on April 1, 1999, $345,000 on April 1, 2000, $365,000 on April 1, 2001, $380,000 on April 1, 2002, $400,000 on April 1, 2003, $420,000 on April 1, 2004, $440,000 on April 1, 2005, $460,000 on April 1, 2006, $480,000 on April 1, 2007, $505,000 on April 1, 2008, $520,000 on April 1, 2009, $550,000 on April 1, 2010, $575,000 on April 1, 2011, $605,000 on April 1, 2012, $640,000 on April 1, 2013, $670,000 on April 1, 2014, $705,000 on April 1, 2015, $740,000 on April 1, 2016, $780,000 on April 1, 2017, $825,000 on April 1, 2018, $865,000 on April 1, 2019, and $920,000 on April 1, 2020, as more fully described in the Series B Refunded Bonds Bond Certificate (the "1998 Series B Bonds"), and
WHEREAS, it would be in the public interest to refund the $10,280,000 outstanding principal balance of the 1998 Series B Bonds maturing on April 1, 2005, and thereafter, (the “1998 Series B Refunded Bonds”) by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law, and
WHEREAS, the County heretofore also issued an aggregate principal amount of $1,565,000 Public Improvement (Serial) Bonds, 1998, Series C, pursuant to bond resolution dated August 11, 1992, for paying the cost of the closure of the Tompkins County Landfill-Hillview Road (Phase II), and as set forth and described in Exhibit A-3 attached hereto and hereby made a part hereof, and pursuant to a Bond Certificate of the County Finance Director dated March 26, 1998 (the "Series C Refunded Bonds Bond Certificate"), such $1,565,000 Public Improvement (Serial) Bonds, 1998, Series C, being dated April 1, 1998 and maturing, or matured, in the amount of $110,000 on September 1, 1998, $75,000 on September 1, 1999, $80,000 on September 1, 2000, $85,000 on September 1 in each of the years 2001 and 2002, $90,000 on September 1, 2003, $95,000 on September 1, 2004, $100,000 on September 1, 2005, $105,000 on September 1, 2006, $110,000 on September 1, 2007, $115,000 on September 1, 2008, $120,000 on September 1, 2009, $125,000 on September 1, 2010, $130,000 on September 1, 2011, and $140,000 on September 1, 2012, as more fully described in the Series C Refunded Bonds Bond Certificate (the "1998 Series C Bonds"), and
WHEREAS, it would be in the public interest to refund the $945,000 outstanding principal balance of the 1998 Series C Bonds maturing on September 1, 2005, and thereafter, (the “1998 Series C Refunded Bonds”) by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law, and
WHEREAS, the County heretofore also issued an aggregate principal amount of $6,450,000 Public Improvement (Serial) Bonds, 1999, pursuant to various bond resolutions for various objects or purposes, all as set forth and described in Exhibit A-4 attached hereto and hereby made a part hereof, and pursuant to a Bond Certificate of the County Finance Director dated November 4, 1999 (the "1999 Refunded Bonds Bond Certificate"), such $6,450,000 Public Improvement (Serial) Bonds, 1999, being dated November 4, 1999, and maturing, or matured, in the amount of $270,000 on February 15, 2000, $195,000 on February 15, 2001, $205,000 on February 15, 2002, $220,000 on February 15, 2003, $230,000 on February 15, 2004, $240,000 on February 15, 2005, $255,000 on February 15, 2006, $270,000 on February 15, 2007, $280,000 on February 15, 2008, $295,000 on February 15, 2009, $310,000 on February 15, 2010, $330,000 on February 15, 2011, $345,000 on February 15, 2012, $365,000 on February 15, 2013, $385,000 on February 15, 2014, $405,000 on February 15, 2015, $425,000 on February 15, 2016, $450,000 on February 15, 2017, $475,000 on February 15, 2018, and $500,000 on February 15, 2019, as more fully described in the 1999 Refunded Bonds Bond Certificate (the "1999 Bonds"), and
WHEREAS, it would be in the public interest to refund the $5,330,000 outstanding principal balance of the 1999 Bonds maturing on February 15, 2005, and thereafter, (the “1999 Refunded Bonds”) by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law, and
WHEREAS, the 1998 Series A Refunded Bonds, the 1998 Series B Refunded Bonds, the 1998 Series C Refunded Bonds and the 1999 Refunded Bonds are collectively referred to as the “Refunded Bonds”, and
WHEREAS, such refunding will result in present value savings in debt service as required by Section 90.10 of the Local Finance Law, now therefore be it
RESOLVED, by the Tompkins County Legislature of the County of Tompkins, New York, as follows That:
Section 1. For the object or purpose of refunding the aggregate $19,705,000 outstanding principal balance of the Refunded Bonds, or a portion thereof, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the Refunding Bonds herein authorized, shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the Refunding Bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract, as hereinafter defined, and fees and charges of the escrow holder, as hereinafter mentioned, (iv) the redemption premium to be paid on the Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or other form of credit enhancement facility or facilities for the Refunding Bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $22,000,000 refunding serial bonds of the County pursuant to the provisions of Section 90.10 of the Local Finance Law (the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $21,310,000, as provided in Section 7 hereof.
The Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND", including the year, and a series designation if appropriate, shall be dated December 1, 2004, or such other date as shall hereafter be determined by the County Finance Director pursuant to Section 7 hereof, shall be of the denomination of $5,000 or any integral multiple thereof not exceeding the principal amount of each respective maturity, shall be numbered with the  prefix "R" followed by a dash and the last two digits of the year followed by a dash and then from 1 upward and shall mature annually on such date in each year, shall bear interest payable on such semi?annually date, and shall bear interest at the rate or rates of interest per annum as may be necessary to sell the same, all as shall be determined by the County Finance Director.  It is hereby further determined that such Refunding Bonds may be issued in series.
Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the County Finance Director shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law.  If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the County by lot in any customary manner of selection as determined by the County Finance Director.  Notice of such call for redemption shall be given by mailing such notice to the registered owners not more than sixty (60) nor less than thirty (30) days prior to such date and as otherwise provided in Securities and Exchange Commission Release No. 34?23856.  Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date.
Section 3. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America.
The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form.  In the event said Refunding Bonds are issued in non?certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book?Entry?Only system of DTC.  In the event that either DTC shall discontinue the Book?Entry?Only system or the County shall terminate its participation in such Book?Entry?Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof not exceeding the principal amount of each respective maturity.  In the case of non?certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book?Entry?Only System.  Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent.
In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the County maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the County Finance Director providing for the details of the Refunding Bonds.  Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, or, at the office of the Clerk of the Tompkins County Legislature, as shall hereafter be designated by the County Finance Director as fiscal agent of the County for the Refunding Bonds (collectively the "Fiscal Agent").
Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount.
The County Finance Director, as chief fiscal officer of the County, is hereby authorized to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having a bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said County, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the County, regardless of whether the Refunding Bonds are initially issued in certificated or non?certificated form.
Section 4. The County Finance Director is hereby further delegated all powers of this Tompkins County Legislature with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto.
Section 5. The Refunding Bonds shall be executed in the name of the County by the manual or facsimile signature of the County Finance Director, and a facsimile of its corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of the Clerk of the Tompkins County Legislature.  In the event of facsimile signature by the County Finance Director and Clerk of the Tompkins County Legislature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of a bank or trust company acting in the capacity of the Fiscal Agent.  The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law and the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Finance Director shall determine.  It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent.
Section 6. It is hereby determined that:
(a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law;
(b) the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for each of the objects or purposes for which the Refunded Bonds were issued is as shown upon Exhibits A?1, A-2, A-3 and A-4;
(c) the last installment of the Refunding Bonds, as allocated to each of the objects or purposes for which the Refunded Bonds were issued, will mature not later than the expiration of the period of probable usefulness of each of the respective objects or purposes for which the Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law; and
(d)      the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, is as shown in the Refunding Financial Plan described in Section 7 hereof.
Section 7. The financial plan for the refunding authorized by this resolution (the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit B attached hereto and made a part of this resolution.  The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in two series in the aggregate principal amount of $21,310,000 and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in Exhibit B.  This Tompkins County Legislature recognizes that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the County will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit B.  The County Finance Director is hereby authorized and directed to determine the amount of the Refunding Bonds to be issued, the date of such bonds and the date of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, if any, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds, and all powers in connection therewith are hereby delegated to the County Finance Director; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law.  The County Finance Director shall file a copy of his certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Clerk of the Tompkins County Legislature not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided.
Section 8. The County Finance Director is hereby authorized and directed to enter into an escrow contract (the "Escrow Contract") with a bank or trust company located and authorized to do business in this State as he shall designate (the "Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunded Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law.
Section 9. The faith and credit of said County of Tompkins, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property in the County a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 10. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds.  Accrued interest, if any, on the Refunding Bonds shall be paid to the County Finance Director to be expended to pay interest on the Refunding Bonds on the first interest payment date thereof.  Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder.  Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act.  Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County irrespective of whether such parties have notice thereof.
Section 11. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the County shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause any of the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1988, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder as then in effect.
Section 12. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event the 1998 Series A Bonds, the 1998 Series B Bonds, the 1998 Series C Bonds and the 1999 Bonds are refunded, the County hereby elects to call in and redeem, with respect to the 1998 Series A Bonds on April 1, 2006, all 1998 Series A Bonds maturing on and after April 1, 2007, to call in and redeem, with respect to the 1998 Series B Bonds, on April 1, 2006, all 1998 Series B Bonds, to call in and redeem, with respect to the 1998 Series C Bonds, on September 1, 2005, all 1998 Series C Refunded Bonds maturing on and after September 1, 2006, and to call in and redeem, with respect to the 1999 Bonds, on February 15, 2008, all 1999 Bonds maturing or and after September 15, 2009.  The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium, as provided in the applicable Series A Refunded Bonds Bond Certificate, the Series B Refunded Bonds Bond Certificate, the Series C Refunded Bonds Bond Certificate, and the 1999 Refunded Bonds Bond Certificate, and the accrued interest to such redemption date.  The Escrow Agent is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Series A Refunded Bonds Bond Certificate, Series B Refunded Bonds Bond Certificate, Series C Refunded Bonds Bond Certificate, and the 1999 Refunded Bonds Bond Certificate.  Such notice of redemption shall be in substantially the form attached to the Escrow Contract.  Upon the issuance of the Refunding Bonds refunding the applicable issue of refunded bonds, the election to call in and redeem the callable applicable series of refunded bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto.
Section 13. The Refunding Bonds shall be sold either at public sale to the lowest bidder or at private sale to an underwriter to be selected by the County Finance Director (the "Underwriter") for a purchase price to be determined by the County Finance Director, plus accrued interest, if any, from the date of the Refunding Bonds to the date of the delivery of and payment for the Refunding Bonds.  In the event the Refunding Bonds are sold at private sale, such private sale shall be subject to the approval of the terms and conditions of such private sale by the State Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law.  In the event the Refunding Bonds are sold at private sale, the County Finance Director is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the County providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter.  After the Refunding Bonds have been duly executed, they shall be delivered by the County Finance Director to the Underwriter in accordance with said purchase contract or competitive sale upon the receipt by the County of said purchase price, including accrued interest.
Section 14. The County Finance Director and the Clerk of the Tompkins County Legislature and all other officers, employees and agents of the County are hereby authorized and directed for and on behalf of the County to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby.
Section 15. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the County Finance Director and all powers in connection thereof are hereby delegated to the County Finance Director.
Section 16. The validity of the Refunding Bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(c) Such obligations are authorized in violation of the provisions of the Constitution.
Section 17. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said County, together with a notice of the Clerk of the Tompkins County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.
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NOTE:  All attachments referenced in the resolution are on file with the Clerk of the Legislature
               and available upon request.
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Report and Presentation of Resolution(s) from the Government Operations Committee

 Mr. Lane, Chairman, reported the Committee has not met since the last meeting of the Legislature; however, a field trip to Broome County was attended by six legislators and some staff.  He said the Committee met with the chair and minority leader and one former long-time member of the Broome County Legislature and received a lot of information about that county.    Mr. Lane pointed out one main issue that was apparent in the meeting, and that was the lack of communication between the Legislature and the County Executive. In other counties the Committee has visited, it has appeared that there is a close working relationship between the legislature and the Executive.   Mr. Lane said Broome County has more employees, departments, and agencies than Tompkins County has, and also runs enterprise funds such as the Broome County Arena.   The Broome County Executive earns a salary of $86,000 and feels he is underpaid compared to other county executives in the State.   Mr. Lane said the Committee will discuss the field trip at the next meeting tomorrow at 2 p.m.

 Mr. Todd commented that one detail he found interesting from the trip was that the population dropped to 198,000 in the last census from 220,000 the time before.   Mr. Lane noted that Broome County officials stated it costs approximately $250,000 to run the race for County Executive.

 Mr. Koplinka-Loehr was excused at 7:30 p.m.

RESOLUTION NO. 218 - ADOPTION OF LOCAL LAW NO. 3 OF 2004 - A LOCAL LAW
     AMENDING ARTICLE 2.08 (c) OF THE TOMPKINS COUNTY
     CHARTER - COMPOSITION OF SPECIAL NEGOTIATING
     COMMITTEE

 MOVED by Mr. Lane, seconded by Ms. Herrera.  Ms. Blanchard stated she does not feel legislators should be members of negotiating teams.  A voice vote resulted as follows:  Ayes – 12, Noes – 2 (Legislators Blanchard and Totman); Excused – 1 (Legislator Koplinka-Loehr).  RESOLUTION ADOPTED.

 WHEREAS, a public hearing was held before the Tompkins County Legislature on October 19, 2004, to hear all persons interested in proposed Local Law No. 3 of 2004, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 3 of 2004 - A Local Law Amending Article 2.08 (C) of the Tompkins County Charter - Composition of Special Negotiating Committee, is hereby adopted,
RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.
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Report from the Communications Capital Project Committee

 Mr. Penniman, Chairman, reported the Committee has not met since the last meeting of the Legislature.  The next meeting will be October 21 at 10 a.m.  Mr. Penniman announced the Municipal Officials Association will be meeting on October 25 and one topic of that agenda is the new radio system.

Report from the Space Needs and Location Committee

 Mr. Proto, Chairman, reported that staff is putting final touches on negotiations with the contract with regard to the work they have been asked to do and should have information by the end of the week.   The next scheduled meeting is November 10.

Report and Presentation of Resolution(s) from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee met briefly before this meeting but has not had a regular meeting since the last meeting of this Legislature.  The next meeting will be October 27 at 11:30 a.m.

RESOLUTION NO. 219 - APPROPRIATION FROM CONTINGENT FUND - TERMINAL
         PAY - HEALTH DEPARTMENT

 MOVED by Ms. Robertson, seconded by Ms. Schuler.  A short roll call vote resulted as follows:  Ayes – 14, Noes – 0, Excused – 1 (Legislator Koplinka-Loehr).  RESOLUTION ADOPTED.

 WHEREAS, the Health Department had a Community Health Nurse resign effective June 30, 2004, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:

 FROM:  A1990.54440  Contingent Fund  $1,069
 TO:  A4016.51000580 Community Health Nurse $   769
   A4016.58800  Fringes    $   300
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Report from the Public Safety Committee

 Ms. Blanchard, Chair, reported the October meeting was cancelled due to lack of business.  The next meeting will be November 4.   At that meeting she hopes to have contract documents available for the Committee to review in order to meet the time scheduled set by the Commission of Correction.   Ms. Blanchard said she will be meeting with Mr. Whicher and Sheriff Meskill to discuss how to report to the Commission of Correction.

RESOLUTION NO. 220 - PUBLIC STATEMENT OF SUPPORT OF TOMPKINS
     CONSOLIDATED TRANSIT INC.’S APPLICATION FOR NEW
     YORK STATE DEPARTMENT OF TRANSPORTATION
     AUTHORITY TO TRANSPORT PASSENGERS

 MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present.

WHEREAS, since 1998, Tompkins County, City of Ithaca, and Cornell University have provided public transportation to residents of Tompkins County and a portion of Tioga County through a joint venture public entity, Tompkins Consolidated Area Transit (TCAT), and
WHEREAS, in 1999, TCAT implemented unified public transportation routes and services that increased ridership by 19 percent to 2.8 million passenger trips by 2003, and
  WHEREAS, in 2004, the Commissioner of the New York State Department of Transportation directed TCAT, Tompkins County, City of Ithaca, and Cornell University to operate public transportation as a single employer as a condition to continue receiving State transit operating assistance, and
WHEREAS, in 2003 and 2004, the New York State Legislature failed to enact legislation to create a public transportation authority (public benefit corporation) as requested by TCAT, Tompkins County, City of Ithaca, and Cornell University, and
WHEREAS, on August 6, 2004, Tompkins Consolidated Area Transit, Inc. (TCAT, Inc.) was incorporated as a private, not-for-profit corporation to operate public transportation services as a new entity although Tompkins County would still prefer it to be a public transportation authority, and
WHEREAS, the New York State Department of Transportation requires private entities to apply for state authority to transport passengers, and
WHEREAS, the effective date TCAT, Inc., will begin operations is January 1, 2005, now therefore be it
RESOLVED, That the Tompkins County Legislature recognizes the vital public purposes to be performed by TCAT, Inc., to provide public transportation services to the general public, including those who have no other means of transportation, at the lowest feasible cost; reduce traffic congestion, and alleviate parking shortages in areas served by TCAT, Inc.,
RESOLVED, further, That the Tompkins County Legislature urges the New York State Department of Transportation to grant without delay permanent operating authority to TCAT, Inc. to transport passengers by fixed route and demand responsive services to residents of Tompkins County and the extended TCAT service area.
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RESOLUTION NO. 221 - AUTHORIZING MUNICIAL ELECTRIC AND GAS ALLIANCE
      BID FOR ELECTRICITY ON BEHALF OF THE COUNTY AND
      AUTHORIZING THE INCLUSION OF ANY POLITICAL
      SUBDIVISION WITHIN THE STATE TO PARTICIPATE

 MOVED by Ms. Blanchard, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present.

 WHEREAS, the County currently receives electricity through a contract obtained pursuant to a bid by the Municipal Electric and Gas Alliance (“MEGA”), and
 WHEREAS, the contract will soon terminate and it is time to re-bid, and
 WHEREAS, Section 408-a of the County Law authorizes the County to include in any purchase contract awarded to the lowest responsible bidder, authorization permitting any political subdivision in the State to participate, and
 WHEREAS, the County desires the continued participation of other political subdivisions in the electric contract, and
 WHEREAS, rules regarding the terms by which other political subdivisions participate have been established and will be reflected in contracts with the lowest responsible bidder, now therefore be it
 RESOLVED, That MEGA is hereby authorized to release a bid for electric power on behalf of Tompkins County,
 RESOLVED, further, That all political subdivisions within the State are authorized to participate in the contract awarded as a result of the bid.
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Approval of Minutes of September 21 and October 5, 2004

 It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of September 21 and October 5, 2004.  MINUTES APPROVED.

Recess

 Mr. Joseph declared recess from 7:40 p.m. to 7:45 p.m.

Executive Session

 It was MOVED by Mr. Penniman, seconded by Mr. Robertson, and unanimously adopted by voice vote by members present, to enter into executive session at 7:45 a.m. to discuss labor negotiations.  The meeting returned to open session at 8:20 p.m.

Adjournment

 On motion the meeting adjourned at 8:20 p.m.