Called to Order

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

Pledge of Allegiance to the Flag and Roll Call of Members

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

 Present:  15 Legislators.

Presentation of Proclamation

 Chair Joseph read a proclamation declaring November 2005 as On My Own Terms Month in Tompkins County, encouraging all persons (over 18) to consider and complete a health-care proxy.  Mr. William Hawley, Executive Director of Lifelong, accepted the award.

Privilege of the Floor by the Public

 Dorothy Breen, secretary for CSEA Blue Collar workers, made the following statement:

 "Good evening, I'm proud to be here tonight to speak on behalf of the 65 men and women in the Tompkins County DPW represented by the CSEA.  I serve as Secretary for CSEA's Central Region, and as our union's Statewide Political Action Chair.  I'm here tonight on behalf of Region President Jim Moore, who was unable to attend tonight.

 "I'm sure you noticed our informational packet that we held as you entered this evening.  The reason we're here tonight is that your CSEA Blue Collar Unit is currently working without a contract, and we've reached a troubling stalemate in negotiations.  We're here asking for your assistance in moving this process ahead.

 "Recently, you all should have received a copy of the three-fold brochure highlighting the great work our members perform day in and day out to keep some of the most basic infrastructure needs of this county operating.  Our DPW workers are out there for the taxpayers, residents and visitors to Tompkins County, every day, whenever you need them, often around the clock.  Their services are vital to this community's well-being and safety.  Everyone here in this room depends on them to do their work and to do it well, which I'm proud to say they do.

 "Some might wrongly suggest that our members are being greedy for not wanting to shoulder a heavier burden of health insurance costs, and for not accepting wage offers that are below average cost of living increases.  CSEA strongly disagrees.  For the important work that they do, our members simply are asking for what they deserve:  a fair wage increase that is not negated by the health insurance increases you're asking them to absorb.

 "Let me be frank.  Our union offered to sit down with this County and come up with an alternative prescription drug importation option, that would have saved the county hundreds of thousands of dollars a year.  We've been successful at doing this in several municipalities across the state, and we could do it here too.  Importing our drugs from international sources, just like the big drug companies do, is a completely legal and safe process, and it saves everyone involved lots of money.  That's good for our members, for the County's budget and for taxpayers.  Unfortunately, Tompkins County rejected our offers to work on this type of option, which could have easily saved enough money to give our members fair cost-of-living increases without needing them to shoulder any increased health insurance costs.  If our County leadership had taken up this offer, we probably would already have a contract in place today. I urge you in the strongest possible terms to re-examine this cost-saving alternative, or come up with one of your own that allow your workers to settle the current stalemate.

 "Thank you for your time and attention in this matter.  I hope that in the best interests of the taxpayers and your workers, you'll do the right thing and help them get a fair contract."

 Todd VanOrman, Vice President of the CSEA Blue Collar unit and Heavy Equipment Operator in the Highway Division, made the following statement:

 "Good evening…. I have been employed by the Public Works Division for 15 years.  I was born and raised and now pay taxes in District 8.  I stand here before you representing 70 CSEA Blue Collar employees, many of which are present this evening.  When I was asked to speak, I wondered how I would start.  The thing that resonates most in my mind is a statement made by our County Administrator, and I quote, "We have the ability to pay, we just don't have the will."  I ask you as legislators, where would you be if we as employees lost our will to excel in our jobs?  I understand the animosity created in the past when you as a governing body chose not to accept your raises and you expected the hard working, increasingly taxed Blue and White Collar workers to follow suit.  The term "fuzzy math" comes to mind because we could not draw a parallel between 15 legislators responsible for their own financial decisions and 520 county employees trying to make ends meet?  I don't know how many apples to oranges you would like to try to compare.

 "Currently, the Facilities Division maintains 427,645 sq. ft. of county buildings.  The cleaners take care of 323,725 sq. ft. of county space.  These employees also do grounds, snow and ice work.

 "The Highway Division is charged with the maintenance of 307 single lane miles of roadway, even the "fuzziest math" puts that at 12.37 miles per person.  We work in all kinds of weather and deal with numerous aspects of highway construction from filling potholes to totally rebuilding roads, from mowing and tree maintenance to digging ditches.  This merely scratches the surface.  We plow snow throughout all hours of the night to make roads safe for the traveling public.  Our maintenance personnel care for more than 100 pieces of equipment vital to our duties.  Within our department we have two specialized crews, our sign shop uses their incomparable talents to maintain more than 4,000 signs and traffic control devices.  We also have a dedicated and extremely talented bridge crew responsible for 107 spans throughout our county.

 "Our airport…a county showpiece is staffed without only eight blue collar employees yet they maintain 36 miles of runways, ramps and the like.  They also care for 374 individual lights and 68 lighted signs, while also maintaining 22 pieces of equipment.  All of this and most importantly too often over looked they are trained Airport Rescue Firefighters - first in harms way if tragedy strikes.

 "Through all the facts and figures one thing is undisputable.  Dedicated Public Works employees (Airport, Highway, Facilities and Solid Waste) are there for taxpayers at the drop of a hat no matter what the call.  This in and of itself demands respect from you as legislators and most certainly requires your will!"
 

Moment of Silence for J. Diann Sams

 Chair Joseph has requested that the American flag on County buildings be flown at half-staff in observance of the funeral for J. Diann Sams, and asked for a moment of silence for the former City of Ithaca Council member.

Privilege of the Floor by Legislators

 Mr. Penniman, District No. 15 Legislator, asked that an update be provided regarding negotiations with the CSEA Blue Collar unit at an appropriate point of the meeting.  He said he is troubled by the huge disparity between health care programs offered to government workers versus the average taxpayer.  He believes it should be more equitable and does not feel taxpayers should pay for a health care program for government workers they cannot afford for themselves.  He then spoke about what has occurred over the past few years, particularly the spending on the jail and public safety in general.  He read from a previous article prepared by himself and Ms. Robertson regarding the subject of the jail.  It noted the additional costs associated with building, staff, and debt service for a new public safety building.

 Mr. Proto, District No. 7 Legislator, spoke of the Universal Service Fund charge attached to the long distance portion of telephone bills, noting that Frontier and Verizon are seeking rate increases.  He also reported that the Consumer Protection Act states that consumers have a 30-day period before interest may be charged on credit card bills.  He said his bill from the Bank of America indicated this period is now shortened to 20 days.  He is contacting State and Federal authorities regarding this matter.  Mr. Proto said the other local bank that is now shortening the period is Fleet Bank.  He explained it is an indirect way to increase income for the banks and credit card companies by charging a late payment and possibly an interest charge as well.

Mr. Proto spoke of the upcoming Veteran's Day activities noting the parade will be November 6 with the remembrance ceremony on November 11 at DeWitt Park.  He said Diann Sams touched many people's lives and recalled she came to every Veteran's Day ceremony in honor of her brother who died on the Indianapolis, the carrier that carried the atomic bomb during World War II.  Mr. Proto also acknowledged Mr. Lane's consistent attendance at the Veteran's Day memorial services.

 Mr. Lane, District No. 14 Legislator, made reference to his statement appearing in the Ithaca Journal regarding being the representatives of people.  He is appreciative of regular elections that provide an opportunity for incumbent candidates to speak and listen to people in their districts.  He said one way is door-to-door, the other is to listen to people such as the CSEA representatives attending the meeting.  He is proud they spoke respectfully about their position and hopes it is understood that as an elected official he has the responsibility to review all material provided.  He does not like to have disagreements and hopes that the two sides can find a way to come together.

 Mrs. McBean-Clairborne, District No. 2 Legislator, expressed gratitude to Mr. Proto for his kind words regarding Diann Sams.  She thanked all who have expressed sympathy and remembrances as well as those attending the calling hours for Ms. Sams.  Mrs. McBean-Clairborne made the following statement:

"I do appreciate your gracious and sincere honor and respect for Diann with a moment of silence tonight.  Most of you know Diann or have known of her in the political arena.  She was very passionate about her beliefs and convictions.  Wanting to be proven wrong, but also took a lot of pleasure in saying  "I told you so," because she was mostly right.

"She would be happy to see these workers here tonight because she believed that workers should speak out for what they believe in and for their needs and rights.  Diann was not afraid to speak up on behalf of those ignored voices.  She was a champion for human and civil rights, education equity, equal financial and social access, and access for those with disabilities.  Many of you saw this fire in her and her candidness about calling a spade a spade or naming the looming animal often in the room.  She knew full well that many would disagree with her on the type and color of the animal and to her that was okay.  I had the privilege of seeing the fire in Diann from a different angle.

"To me she was the loving, nurturing mother who adopted me, a stranger when I came to this community.  One who provided me with shelter, food, warmth, social education, and the motivation to strive for my best.  One who cared for me, loved me no matter what, and helped me to develop into the person I am in Ithaca today - a Legislator, a representative of the people.  Not someone who cares for personal gain for myself, but personal gain and equity for everyone.  As we celebrate her life and legacy and mourn her passing I encourage all of us, and I mean all of us, as I know she would to look within ourselves and consider if we are representing basic human needs and rights, speaking out for those who depend on us to do so, walking in someone else's shoes for understanding and respect, and doing it all with love and human kindness.

"Those are some of the principles she embraced as a leader, activist, representative, mother, and sister-friend in this community.  Those are the things that she taught me when I came here and I continue to strive to achieve more and more every day, and to perfect and know that every waking moment I can say that I have done those things."

At this time Mrs. McBean-Clairborne requested to be and was excused.  (6:00 p.m.).

Ms. Blanchard, District No. 1 Legislator, spoke of the proclamation presented regarding health care proxy's stating she had the occasion to become interested in this type of planning.  She said she has learned a great deal about the importance of estate planning and urges individuals to plan now for the future.  Ms. Blanchard said her experiences were that once started the process is not difficult.

Ms. Herrera, District No. 5 Legislator, spoke of the union representatives present and expressed pride at their initiative.  She said their actions were much the same as Ms. Sams and Rosa Parks inasmuch as they stood up for justice.  She believes these kinds of struggles and opportunities provide courage and that bringing family members show the importance and solidarity.  Ms. Herrera has strong hope that there will be movement in negotiations and that soon there will be a contract fair to both sides.

Chair's Report

 Mr. Joseph did not have a report.

Report from the County Administrator

 Mr. Whicher reported the next mediation session for the Blue Collar unit would occur on December 8th.  With regard to the Snyder Road communication tower proposal, he informed the Legislature that the project is on hold, with the probability of cancellation.  He explained that at this time there is not enough capital support from communication companies to justify the project.  He believes appropriate accommodations can be made to the present tower located at the Public Safety building.  Mr. Whicher will proceed discussing the matter with the Sheriff and other appropriate individuals.  Mr. Whicher reported he has met with health insurance consultant Orville Boden, Jr., to discuss Medicare Part D and how it will effect retirees.  Following these discussions he believes the County coverage should be developed to coordinate the coverage with Medicare Part D coverage.

Report from the County Attorney

 Mr. Wood introduced his new Assistant County Attorney, Meira Hertzberg, and provided information regarding her background.  He then reported on a legal decision regarding an injury occurring in 2003 when a contractor for Overhead Door fell off a ladder while working on the door; and the injured party sued the County.  As is normal practice, the County required the individual's employer to indemnify and defend the county.

Mr. Wood said the initial decision stated that because the person was on a ladder at a County property the County would be liable for injuries whether at fault or not, and it was shown to be that the County was not at fault.  The decision said if the individual was "repairing" the door the County was required to pay; if "maintaining" the door, the County would not pay.  The Supreme Court contended the individual was repairing the door and therefore the County was liable.  This has gone to the Appellate Division who reversed the decision stating the individual was performing maintenance and not repairs on the door.

Report from the Finance Director

 Mr. Squires said he distributed information in folders relating to the tobacco securitization refunding issue.  The tobacco corporation authorized the transaction and the County submitted to bond counsel eligible projects.  The Tompkins Cortland Community College project meets the criteria for use of the bond proceeds.  Mr. Squires received notice today that the expected income from the transaction is $3.6 million, however interest rates have increased since then.  The pricing of the transaction will take place on November 9, 2005, with proceeds received by the County on November 22, 2005.  He then informed Legislators he provided them with information relating to the mortgage tax proceeds.  This semi-annual period indicated the proceeds to be shared by municipalities other than Tompkins County was $1,045,000 representing a slight decrease from the previous period.  Tompkins County does not share in the mortgage tax proceeds.

Addition and Withdrawal of Resolution(s) from the Agenda

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

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

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

RESOLUTION NO. 214 - RESOLUTION OF THE LEGISLATURE OF TOMPKINS COUNTY PROVIDING TECHNICAL CORRECTIONS TO RESOLUTION NO. 196 OF 2005 RELATING TO EXEMPTING RESIDENTIAL   SOLAR ENERGY SYSTEMS EQUIPMENT AND CERTAIN SERVICES FROM THE COUNTY'S SALES AND     COMPENSATING USE TAXES

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

 WHEREAS, on October 5, 2005, Tompkins County passed Resolution No. 196 of 2005 relating to exempting residential solar energy systems and certain services from the County's sales and use taxes, and
WHEREAS, Tompkins County has been advised by New York State Department of Taxation and Finance of the need for certain technical corrections, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, BE IT ENACTED  by the Legislature of Tompkins County as follows:
 SECTION 1.  Section 2 of the first Resolved clause of Resolution No. 196 of 2005 is amended to read as follows:
 SECTION 2.  This resolution shall take effect December 1, 2005, and shall expire November 30, 2008, and subdivision (h) of section 6 of the Resolution No. 256A of 1966, as added by Section 1 of this resolution, shall be repealed on that date, provided such subdivision shall apply to sales made, services rendered and use occurring during the period it is in effect in accordance with the applicable transitional provisions of the New York State Tax Law.
 SECTION 2.  The second Resolved clause of Resolution No. 196 of 2005 is hereby REPEALED.
 SECTION 3.  This resolution shall take effect March 1, 2006.
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RESOLUTION NO. 215 - RETURNED VILLAGE TAXES

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

 WHEREAS Article 14 of the Real Property Tax Law authorizes village tax collectors to return to the County Treasurer a listing of unpaid taxes for enforcement, and
 WHEREAS the Villages of Cayuga Heights, Dryden, Freeville, Groton, Lansing, and Trumansburg are authorized to submit their unpaid taxes to the County for enforcement, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2006 tax rolls the amount of the uncollected village taxes that remain unpaid and that have not been heretofore relevied on town tax rolls and that have been returned by the village tax collectors of the various villages to the County Finance Director, and that said returned village taxes be reassessed and relevied on town tax rolls as they are returned and that said returned village taxes be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto.
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RESOLUTION NO. 216 - RETURNED SCHOOL TAXES

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

 WHEREAS Article 13 of the Real Property Tax Law authorizes school district tax collectors to submit by November 15th a listing of unpaid taxes to the County Treasurer for enforcement, and
 WHEREAS the County guarantees the school districts payment of the unpaid taxes by April 1 of the year following the return, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2006 tax rolls the amount of the uncollected school taxes that remain unpaid and that have not been heretofore relevied on town tax rolls and that have been returned by the collectors of the various districts, exclusive of the Ithaca City School District, to the County Finance Director and that said returned school taxes be reassessed and relevied on town tax rolls as they are returned, and that said school taxes returned in 2005 be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto.
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Appointment

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

Assessment Review Board
Robert Shaw - term expires September 30, 2010

Report from the Public Safety Committee

 Mr. Penniman, Vice Chair, reported the Committee has not met since the last Legislature meeting.  The next meeting will take place on November 3rd at 2:00 p.m.

Report from the Workforce Diversity and Inclusion Committee

 There was no report from this Committee.

Report from the Facilities and Infrastructure Committee

 Mr. Penniman, Chairman, reported the Committee met last week and received a report on the Air Service Committee and will be provided additional information regarding the proposed governance structure on November 22nd.  The Committee also heard information on the Taughannock Aviation hanger expansion, updated information on the use of the Caswell Road landfill for staging of highway equipment, and wind energy purchases.  Mr. Penniman said the cost to update the Caswell Road structure to allow its use has been minimal and that the wind energy purchase is anticipated to cost $7,000 per year for a five-year contract, with Municipal Electric and Gas Alliance providing a $2,000 stipend for three of the five years; a resolution will come forward in the future.  Ms. Schuler said the purpose in utilizing Caswell Road landfill site was due to modifications of State snow and ice removal contracts.

Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee would meet on November 2.  At that time information will be heard from Larry Beck and Gay Johnson, representing the Landlords Association regarding the housing situation from the landlord's point of view.

Air Services Committee

 Ms. Blanchard, Chair, reported that the Committee would meet on November 9th at which time they hope to complete the first stage of strategic plan activities and compile information for the November 22nd meeting with Facilities and Infrastructure Committee.  She reported that information was provided earlier in the day to indicate that at this time, the revenue guarantee for North West Airlines is thirty-four percent ahead of the anticipated mark.  She also reported that North West Airlines load factors are sixty-eight percent; however they are raising fares this month.  On November 9, 2005, return service to Pittsburgh will occur.

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

 Ms. Herrera, Chair, said the Committee met October 5 and will meet again on November 2nd.

RESOLUTION NO.  217  -  CREATION OF CAPITAL RESERVE FUND FOR NATURAL, SCENIC, AND RECREATIONAL RESOURCE PROTECTION

 MOVED by Ms. Herrera, seconded by Ms. Schuler.  Mr. Proto inquired if the resolution is appropriately moved for action now, prior to the budget process.  He was informed that although it is desired to have the funding come from rollover that would occur in the budget process, the resolution only establishes the ability to have a fund with no monies at the present time.  Mr. Proto asked what would be the source of funding to replenish this fund and was informed by Mr. Marx, Commissioner of Pubic Works and Planning, that at this time the only funding being considered is the Planning Department's available rollover, any additional funding would require Legislative approval.

 A voice vote on the motion resulted as follows:  Ayes - 14; Noes - 0; Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Comprehensive Plan identifies Agricultural Resources Focus Areas and Natural Features Focus Areas, and
 WHEREAS, the resources in these areas provide multiple benefits including the production of agricultural and forest products, the protection of surface and groundwater quality and quantity, habitat for wildlife, and outdoor recreation, and
WHEREAS, as outlined in the Comprehensive Plan protection of these resources is critical to the economic well-being and quality of life of the residents of Tompkins County, and
WHEREAS, the Tompkins County Comprehensive Plan includes policies and actions to protect and manage land for agriculture and forestry and to protect and preserve natural resources and recreational amenities in the focus areas, and
WHEREAS, the Comprehensive Plan also calls for the protection of important recreational resources including trails, and
WHEREAS, the Tompkins County Comprehensive Plan includes an action to conduct a Scenic Resource Inventory and Preparing a Scenic Resources Preservation Plan, and
WHEREAS, the Planning Department has requested that $24,000 in certified rollover be used to create a Capital Reserve Fund for Natural, Scenic, and Recreational Resources Protection to assist in implementing the Comprehensive Plan, and
WHEREAS, the net proceeds of sales of County land to the New York State Office of Parks, Recreation and Historic Preservation for the purposes of resource protection and recreation, as authorized by Resolution No. 168 of September 6, 2005, should be reinvested in further protection efforts, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality, Government Operations, and Budget and Capital Committees, That the Tompkins County Legislature creates the Natural, Scenic, and Recreational Resources Capital Reserve Fund,
RESOLVED, further, That the purpose of this fund is to support participation by Tompkins County in partnerships with other levels of government and private organizations to:
· protect and preserve the natural, scenic, and recreational resources found in the Agricultural Resource Focus Areas and Natural Features Focus Areas identified in the Comprehensive Plan;
· preserve and develop recreational trail corridors that cross municipal borders; and
· develop outdoor recreation facilities, within the focus areas, that are intended to serve all county residents,
RESOLVED, further, That expenditures from this fund must be in compliance with the Tompkins County Comprehensive Plan and must be approved by the Legislature.
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Report from the Budget and Capital Committee

 Mr. Koplinka-Loehr, Chair, reported the Committee met October 25th and discussed Medicare Part B.  Although initially the Committee had other options, reconsideration was given to indicate the proposal made by the County Administrator should be recommended; the Committee's minutes will not reflect this new information.  Also, without objection, authorization was made to move the Management/Confidential to a three-tier formulary for prescription coverage and it is expected to do the same for retirees.

Mr. Koplinka-Loehr said a budget survey with appropriate questions for each group would be provided to the Legislature and department heads to complete following the public hearing on the County's Tentative Budget.  He reviewed a memo regarding the budget process written by County Attorney Wood to clarify how amendments to the tentative budget could be made and asked that any amendments to be placed as a motion in advance be provided prior to November 8.  The Public Hearing will take place on November 9, 2005, in the Legislative Chambers.  The Budget and Capital Committee meeting of November 8 is cancelled; a brief meeting will occur on November 15, 2005, prior to the Legislature meeting.

 Mr. Joseph said when the Legislature meets to adopt the budget he will first entertain motions filed prior to the meeting.  When that is complete he will then take motions to adopt and individuals may then make motions to amend the resolution adopting the budget.

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

 Mr. Lane, Chair, requested an executive session be held regarding real estate transactions at an appropriate time.  He then reported the Committee met on October 19 and discussed the resolution(s) presented, received information on foreclosure action filed on October 21st, and information obtained regarding diversity.  He said there were some potential foreclosure properties redeemed and one agreement had defaulted which put the property back in the foreclosure process.  He also said the Biggs A property had been resold and all taxes were paid.  With regard to the diversity forms sent to prospective hires, some were returned and the comments would be provided to the Workforce Diversity and Inclusion Committee by Ms. Herrera.  The Committee discussed Mr. Whicher's goals and objectives that were approved and accepted; a copy will be provided to all Legislators to review.

 Mr. Proto inquired about the status of the previously owned County property referred to as the Pinnacles.  He was informed that one portion by White Church Road was sold at last year's auction and is again on the tax rolls, the other portion had been purchased by Cornell University.

RESOLUTION NO. 218 - ADOPTION OF APPORTIONMENT OF TAXES FOR 2006

 MOVED by Mr. Lane, seconded by Mr. Booth, and unanimously approved by voice vote of members present.  RESOLUTION ADOPTED.

 WHEREAS, the report of equalization rates and totals (footings) of assessment rolls has been prepared and approved by the Assessment Director, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the report of the Director of Assessment be accepted and adopted, and the valuation of real property and franchise be based on the 2005 final assessed values for the purposes of general tax levied against the several tax districts of the County and that the values determined therein be set forth as the basis for such general and highway tax levies for the year 2006,
 RESOLVED, further, That several amounts therein listed for State tax and County tax for general County purposes for 2006 be assessed against, levied upon, and collected from taxable property of the several towns and City liable therefore.
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Request for Information - Tompkins Consolidated Area Transit (TCAT)

 Mr. Todd said he has noticed the Park and Ride lots in his district appear to show an increase in usage of the public transportation system.  He requested information regarding ridership.  Mr. Proto said Mr. Turcotte, Director of TCAT, will be reporting to the Planning, Development and Environmental Quality Committee on November 3rd and the numbers should be available.  Mr. Todd thought it would be beneficial to publicize the increased ridership.  Mr. Proto said that from August 2004 to August 2005 he believed there was a thirty-eight percent increase and that the September 2004 to September 2005 indicated a forty-two percent increase.  He did not believe it was strictly due to increased fuel prices and said the numbers included the Cornell University staff usage as well as students.

 It was noted by Ms. Herrera that on the November 8, 2005, ballot there is a transportation proposal that could provide, if approved, for an additional two to three hybrid buses for TCAT.

Recess

 Mr. Joseph declared recess from 6:30 p.m.  The meeting reconvened at 6:40 p.m.

Executive Session

 It was MOVED by Mr. Lane, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to enter into executive session at 6:40 p.m. to discuss real estate transactions and collective bargaining.  The meeting returned to open session at 7:26 p.m.

 Legislators Todd and Totman were excused at 7:00 p.m.

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

RESOLUTION NO. 219 - DETERMINING THAT A CERTAIN PROPERTY LOCATED ON ELMIRA ROAD IN ITHACA IS NO LONGER NEEDED FOR A PUBLIC USE

 It was MOVED by Mr. Lane, seconded by Mr. Booth.  Mr. Proto inquired if passage of the resolution precluded the County from doing anything with the property and was informed by Mr. Wood, County Attorney, that it allowed the County to sell or lease the property.  A roll call vote of members resulted as follows:  Ayes - 12; Noes - 0; Excused - 3 (Legislators McBean-Clairborne, Todd, and Totman).  RESOLUTION ADOPTED.

WHEREAS, Will-Ridge Associates, LLC (a company associated with Benderson Development Corporation) has constructed a retail commercial development on Elmira Road in the City of Ithaca, and
WHEREAS, a recent title search by Monroe, Tompkins, Watkins Title Agency, LLC, establishes that the County of Tompkins is the title owner of a portion of the premises developed by Will-Ridge, and
WHEREAS, the property is a .25 acre, irregularly shaped parcel, located in a heavily developed urban corridor, and
WHEREAS, Will-Ridge has constructed certain improvements on the property including a road providing access to the development and a sign for advertising purposes, and
WHEREAS, it has been determined that there are no significant natural, cultural, or historical resources on the property and that the current use of the property conforms with the City plans for the area, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the property is not suitable for development by the County,
RESOLVED, further, That the property is no longer needed for a public use.
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RESOLUTION NO. 220 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LEASE FOR PROPERTY LOCATED ON ELMIRA ROAD IN  ITHACA

It was MOVED by Mr. Lane, seconded by Ms. Kiefer.

It was MOVED by Mr. Booth, and seconded by Mr. Winch, to substitute the following resolution to sell the property.  Mr. Lane expressed opposition to sell the property as he feels it would be in the County's best interest to retain the property for potential future use and only lease at this time.  Mr. Booth said he is in favor of selling the property as there is no substantial use for the County to retain it.  However if there is opposition to the sale he would support the lease option.  Mr. Joseph indicated he is in favor of leasing the property as a result of other issues relating to the property that need to be resolved.  Mr. Penniman said if the motion to sell does not pass he will make a motion to restrict the duration of the lease.  Mr. Winch is in favor of selling the property due to the potential liability and possibly being required to undergo maintenance of the parcel.  Ms. Blanchard strongly supports the sale of the property.  Ms. Robertson felt that if this property were leased it could be sold at the end of the term.  Mr. Joseph said that previously the property was licensed to allow time to resolve the questions on the property.  He asked Mr. Wood about the difference between licensing and leasing the property.  Mr. Wood said the licensure of the property was to allow the building of the road and erection of a sign.  Upon completion of these items the license does not apply any longer.  Ms. Kiefer inquired if the lease could just continue as a license.  Mr. Wood said he could renew the license another six months but does not feel this would be a long-term solution.

 A voice vote on the motion to approve the substitute resolution resulted as follows:  Ayes - 4 (Legislators Blanchard, Booth, Koplinka-Loehr, and Winch); Noes - 8 (Legislators Herrera, Joseph, Kiefer, Lane, Penniman, Proto, Robertson, and Schuler); Excused - 3 (Legislators McBean-Clairborne, Todd, and Totman).  MOTION FAILED.

RESOLUTION NO.  - AUTHORIZING THE COUNTY ADMINISTRATOR TO NEGOTIATE THE SALE OF PROPERTY LOCATED ON ELMIRA ROAD IN ITHACA

WHEREAS, Will-Ridge Associates, LLC (a company associated with Benderson Development Corporation) has constructed a retail commercial development on Elmira Road in the City of Ithaca including a road providing access to the development and a sign for advertising purposes, on an irregularly shaped .25 acre parcel, which parcel is owned by Tompkins County and located in a heavily developed urban corridor, and
WHEREAS, it has been determined that the property is no longer needed for a public use, and
WHEREAS, the City of Ithaca has advised that the City has no interest in purchasing the property or in delaying a sale of said property, and
WHEREAS, the County and Will-Ridge executed a License Agreement commencing January 1, 2005, for a period of six months and extended said License Agreement for an additional six month period as of June 1, 2005, and
WHEREAS, the County Administrator has recommended sale of the property, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to execute documents transferring title of the parcel to Will-Ridge Associates, LLC, (or an associated company) for an amount which shall not be less than its fair market value as determined by a qualified appraiser.
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RESOLUTION NO. 220 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LEASE FOR PROPERTY LOCATED ON ELMIRA ROAD IN  ITHACA

 It was MOVED by Ms. Herrera, seconded by Ms. Kiefer, to amend the original resolution from a lease agreement to a license agreement.  Mr. Lane said a license would be short term and revocable where a lease would provide the leasee assurance of having the property for a certain time period.  Mr. Joseph said it would fit for those desiring to do it temporarily to have a license.  Ms. Robertson said there were certain privileges a lease would convey where a license would not, she is not certain she would wish to exclude these items.  Ms. Kiefer asked for clarification between a license and lease.  Mr. Wood said a license normally has language that is irrevocable at will and done for a particular purpose like a construction project.  Once an activity completed a license is not the proper way.

 A voice vote on the motion to seek a renewal of the license resulted as follows:  Ayes - 5 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, and Schuler); Noes - 7 (Legislators Blanchard, Booth, Lane, Penniman, Proto, Robertson, and Winch); Excused - 3 (Legislators McBean-Clairborne, Todd, and Totman).  MOTION FAILED.

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, to amend the resolution to include language to lease the property "with a duration of up to one year".    It was clarified by Mr. Penniman the purpose was to provide the opportunity to explore all options available to the County and reconsider the possibility of sale.  Mr. Proto asked if that would be at the end of the lease period.  Ms. Schuler asked if the language in the previous license agreement was similar.  Mr. Wood said it authorized the County Administrator to enter into a six-month license agreement with an option for six more months.  Mr. Winch said although he will not be on the Legislature in the future he strongly believes it is necessary to be certain the options are reviewed and that this item be assigned to an appropriate committee.  Mr. Joseph said Government Operations would be the Committee and will take responsibility to see the 2006 Chair assigns this task.

 A voice vote on the motion to amend the resolution to include the language to lease the property "with a duration of up to one year" resulted as follows:  Ayes - 10; Noes - 2 (Legislators Kiefer and Lane); Excused - 3 (Legislators McBean-Clairborne, Todd, and Totman).  AMENDMENT ADOPTED.

 A voice vote on the main motion to approve the resolution as amended resulted as follows:  Ayes - 12; Noes - 0; Excused - 3 (Legislators McBean-Clairborne, Todd, and Totman.  RESOLUTION APPROVED.

WHEREAS, Will-Ridge Associates, LLC (a company associated with Benderson Development Corporation) has constructed a retail commercial development on Elmira Road in the City of Ithaca including a road providing access to the development and a sign for advertising purposes, on an irregularly shaped .25 acre parcel, which parcel is owned by Tompkins County and located in a heavily developed urban corridor, and
WHEREAS, it has been determined that the property is no longer needed for a public use, and
WHEREAS, the City of Ithaca has advised that the city has no interest in purchasing the property or in delaying a sale of said property, and
WHEREAS, the County and Will-Ridge executed a License Agreement commencing January 1, 2005, for a period of six months and extended said License Agreement for an additional six month period as of June 1, 2005, and
WHEREAS, the County desires fair compensation for the use of its property, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to enter into an agreement for a lease with a duration of up to one year of the property to Will-Ridge Associates, LLC, (or an associated company).
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Approval of Minutes of October 18, 2005

 It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of October 18, 2005 as submitted.   MINUTES APPROVED.

Adjournment

 On motion the meeting adjourned at 7:45 p.m.