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:  11 members present (Representative Kiefer arrived at 5:48 p.m.).  Excused - 4 (Representatives Koplinka-Loehr, McBean, Robertson, and Winch).

Presentation of Proclamation

Mr. Joseph presented a proclamation declaring the week of November 18-22, 2002 as International Education Week in Tompkins County.

Privilege of the Floor by the Public

 Chair Joseph recognized students that were present from the government class at Ithaca High School.

 Privilege of the Floor was reopened later in the meeting as members of the public arrived and wished to speak.

Privilege of the Floor Board members

 Mr. Proto, District No. 7 Representative, congratulated all candidates who ran for public office.  He congratulated Peter Meskill for being elected to another term as Tompkins County Sheriff and Barbara Lifton to her first term as New York State Assemblywoman.  In addition he congratulated all other local and State officials that won.

 Mr. Proto also commented on those who were able to attend the Rotary pancake breakfast yesterday; it was very well attended and he thanked everyone for coming.  Mr. Proto also said it is very nice when in our community there has been a business that has survived and prospered for 100 years.  Many were invited to attend a celebration this past weekend to celebrate the 100th anniversary of the First National Bank in Dryden.

 Mr. Lane, District No. 14 Representative, said one of his first jobs was working at the First National Bank in Dryden as a teller, and commented there are not many independent banks left.  It is important to see local people serving customers locally.  He joined Representative Proto in congratulating people at the First National Bank in Dryden for serving the community for 100 years.

 Mr. Todd, District No. 6 Representative, said he has had a long-standing relationship and very positive experience with the First National Bank in Dryden.  On another topic, he said he has a list of potential budget cuts and would like to have some resolution or direction as to when that list could be brought before the Board for consideration.   Mr. Joseph said the expanded budget committee has met up until the point of recommending a budget, the next step is presenting it at a public hearing.  He said the appropriate time is to bring the amendments to the Board at the November 19th Board meeting, the night the proposed budget is anticipating being adopted.  He said any proposed amendments should be submitted to Kathy Smithers so she can put it in the proper format for the Board members.
 Ms. Blanchard, District No. 1 Representative, reminded the Board the United Way Campaign is still under way and urged individuals to make a contribution.  She also reported on a publication entitled “Where Women Made History” put out by the New York State Department of Economic Development and said it is part of the "I Love New York" Program.  She reported there is a new Tompkins Consolidated Area Transit (TCAT) program entitled PERC (Parents who are Employed Ride Cost-free").  This is a very good way to provide free transportation for individuals who meet the income eligibility and who are having a difficult time finding transportation.

Report from a Municipal Official

 No Municipal Official was present.

Privilege of the Floor by the Public

 As some members of the public arrived at this time, Mr. Joseph reopened Privilege of the Floor for members of the public who wished to speak.

 Russ Beck, Dairy Farmer, spoke about the proposed property tax increase and the effect it will have on his family and business.  He said last year they paid $42,000 in combined school and County taxes.  The economic climate is very harsh right now, and they have very little or no control in the pricing of milk.   He understands the County’s position, but needs to express his family's concern.   If we do have a property tax increase, he asks if ag assessments can be relieved in some manner to go along with that.

 [Ms. Kiefer arrived at 5:48 p.m.]

Mr. Penniman provided part of his Budget and Capital Committee report in response to the comments made under Privilege of the Floor.  He said the Board is looking at approximately a thirteen percent (13%) property tax increase.  The Board has made cuts throughout County government including 40 jobs being cut.  If it weren’t for State mandates there would be no increase since the thirteen percent (13%) property tax increase is equivalent to the increasing State mandates; salary increases have been absorbed, as have additional staffing at the jail which was a new mandate, and ongoing costs of programs that were previously funded by one-time monies.  Despite all these cuts, there is still a 13 percent property tax increase.  A public hearing is scheduled on November 19th to hear individuals speak on the County's Capital and Operating Budgets.

Report from the Chair

 Mr. Joseph said he did not have report.

Report from the County Administrator

 Mr. Whicher said there is discussion going on about the format of the budget as given to the public. A meeting will be held with the media tomorrow.

Report from the County Attorney

 Mr. Wood had no report.

Report from the Finance Director

 Mr. Squires had no report.

Additions of Resolution(s) to the Agenda

There were no resolutions added to the agenda.
Withdrawal of Resolution(s) from the Agenda

There were no resolutions withdrawn from the agenda.  (A resolution to hold a public hearing on the proposed Pesticide Neighbor Notification Law was withdrawn later in the meeting.)

Appointments Approved Under the Consent Agenda

 It was MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda:

Planning Advisory Board
Dr. Donald A. Rakow – Land Preservation/Public Land Management representative – term expires December 31, 2005
Becky Bilderback – Housing representative – term expires December 31, 2005
Bruno Schickel – Business representative – term expires December 31, 2003

Cayuga Lake Intermunicipal Organization
Daniel Winch – Delegate – no set term
David R. Bouldin – Alternate – no set term

Resolutions Approved Under the Consent Agenda

RESOLUTION NO. 258 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 6 WITH C&S ENGINEERS, INC., FOR DESIGN SERVICES IN CONNECTION WITH THE PARALLEL TAXIWAY RELOCATIONS (PHASE TWO) – ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, the approved Airport Master Plan includes the ongoing project to relocate the parallel taxiway in accordance with Federal Aviation Administration (FAA) mandated design criteria, and
 WHEREAS, through Resolution No. 219, dated September 17, 2002, the County has accepted a grant offer of $1,298,554 from the FAA to fund ninety percent of the design costs with the residual going towards construction costs in 2003, and
 WHEREAS, a second grant offer will be forthcoming from the FAA in 2003 for the remaining construction and inspection costs, and
 WHEREAS, the budget for the Parallel Taxiway Design Project (Phase II) is as follows:
 FAA Share (90%)  A/C No. HT 5601.44592 $ 122,080.00
 NYSDOT Share (5%)  A/C No. HT 5601.43592 $     6,782.00
 Local Share (5%)  A/C No. HT 5601.45031 $     6,782.00
, now therefore be it
 RESOLVED, on recommendation of the Public Works Committee, That Supplementary Agreement No. 6 with C&S Engineers for $135,644 be and hereby is approved, subject to an Independent Fee Estimate being conducted which finds the fee is fair,
 RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and New York State Department of Transportation.
SEQR ACTION:  TYPE II-2

RESOLUTION NO. 259 - AUDIT OF FINAL PAYMENT – FREY & CAMPBELL, INC. – TOMPKINS COUNTY PUBLIC LIBRARY

 MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, under the Consent Agenda.
 
 WHEREAS, Frey & Campbell, Inc., has completed their mechanical contract for the Tompkins County Public Library, now therefore be it
 RESOLVED, on recommendation of the Public Works Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives:

    Vendor                       Payment Request      Account No.                      Amount
     Frey & Campbell, Inc.       14 (Final)        HL7480.59239.74.80         $25,959.80

 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HL7480.59239.74.80.
SEQR ACTION:  TYPE II-20

Report from the Budget and Capital Committee

Mr. Penniman, Chairman, continued his Committee report from Privilege of the Floor.  He feels the Board has done a good job with the County Budget, in a timely manner, and with plenty of public input along the way.  The next regular Committee meeting will be November 12th and will be discussing the repeal of the exemption of sales tax on clothing and footwear.  The Committee will also discuss adding a new line on the tax bill that will include the total for state mandates.  Projections for 2004 will also be looked at – a twenty percent increase is possible.

 Mr. Proto raised a question about the items he brought forth at the expanded Budget and Capital Committee and asked if they would be brought before the Committee during the 2004 budget process.  Mr. Penniman said it would be appropriate to bring items relating to personnel expenses up during the process to construct the 2004 budget.

 Mr. Joseph commented about the State of New York and the Tompkins County budget.  Mr. Joseph said it is happening statewide that tax increases can be attributed to increases in state mandates.    All counties across New York State are facing similar problems.   Counties are finding that they have no choice.  A County Executive made a comment that the State government has made large income tax cuts and has turned around and required counties to make large increases in property taxes.  He commented that in his opinion when the Board adopts its budget, it will be adopting a State property tax.

Report from the Public Safety Committee

 Mrs. Schuler, Chair, reported the Committee will meet tomorrow at 12:30 p.m. and highlighted some of the agenda items including the restructuring of the E911 Operations Committee, STOP-DWI program, and graduated licensing.

Ms. Kiefer requested the Committee at a future meeting discuss the recent extension in New York State to eight years for a drivers license renewal. She noted that this does provide an infusion of cash to New York State, but she expressed concern over the length of time that elapses between renewals and the potential for significant changes in a person’s health such as eyesight.  Ms. Blanchard agreed, and Ms. Schuler said this will be discussed.

Report from the Health and Human Services Committee

Mrs. Schuler, Vice Chair, said the Committee will meet on November 12th at 9 a.m.

Report from the Information Technology Services Policy Committee

 Mr. Joseph, Member, reported the Committee met and discussed the budget.

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

 Ms. Blanchard, Chair, said the Committee met October 17th.  She reported on several Airport issues.  There were 20 new Transportation Security Administration (TSA) employees that began at the airport on November 19 (20 in order to provide shift coverage).  These employees need an administrative area/office space and after a great deal of negotiations, an agreement was reached to use some of the uncommitted airline space with a provision that the TSA will vacate that space if an airline wished to use it.  She emphasized that there is no cost to County taxpayers or to the Airport fund balance as a result of these new inspectors.  The total costs are being borne by the Federal government through a contract with the County.

 She said Board members should have received a report from Mr. Nicholas, Airport Manager, to the Air Service Task Force, describing the reasons for the decrease in emplanements of about 13 percent since September 11, 2001.  However, the County continues to keep the Airport in the forefront so the County is positioned to take advantage of any service improvements that might come along.   E.g., Commutair (Continental Connection) has reestablished itself in New York via Albany and will likely consider resuming service to the Southern Tier.  A marketing package has been prepared for them.  She also reported there was a follow-up visit from a representative of Comair (Delta Express) to the Task Force sponsored trip to Atlanta.

 The Task Force continues to keep in touch with Senator Schumer who also invited representatives to attend a regional meeting in Syracuse with David Siega, US Airways CEO.  Although this meeting was not particularly encouraging, it could provide the County with a US Air contact.  She said they continue to press Allegany (US Airways Express) to reopen the Boston service.  The marketing package for Atlantic Coast Airlines (United Express) is ready and awaiting the go ahead to submit.

 Ms. Blanchard reported on the Small Community Air Service Grant, which required a $50,000 local match.  However, due to budget constraints, Tompkins County Area Development/Industrial Development Agency only offered $10,000 and the grant was not awarded to Tompkins County.  Broome County appropriated $100,000 for their Airport and received a $500,000 grant and will be using it over three years to subsidize regional jet service via Delta Connection.

 The Committee had a demonstration of the entire process of the pavement management system tool the County invested in earlier this year.   In addition, the Committee also learned that the Highway Division can no longer afford to upgrade shoulders or add shoulders to a road unless it is a Tea 21 project which requires certain standards be met when using Federal money.  Ms. Blanchard also announced the dedication of North Triphammer Road and that Representative Todd cut the ribbon.

RESOLUTION NO. 260 - APPROPRIATION FROM CONTINGENCY FUND AND AWARD OF BID – TOMPKINS COUNTY BRIDGE PAINTING

 MOVED by Ms. Blanchard, seconded by Mr. Booth.  Mr. Joseph he will vote against this resolution because it is a very small appropriation to a department that has several million dollars in its budget. He feels departments have considerable latitude in how they use money; The Board does not ask for money back when they have extra and does not think a department should request money when they fall short.

 A short roll call vote resulted as follows:  Ayes - 10; Noes - 1 (Representative Joseph); Excused - 4 (Representatives Koplinka-Loehr, McBean, Robertson, and Winch).  RESOLUTION CARRIED.

WHEREAS, Resolution No. 34 of 2002 authorized an agreement with the State of New York whereby Federal and State sources will furnish ninety-five percent of the funding necessary to repaint nine bridges maintained by the Tompkins County Highway Division at various locations throughout the County, and
WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the repainting of the bridges, and
WHEREAS, the second bid exceeded the amount authorized by Resolution No. 34 of 2002 by $72,413.00, but the New York State Department of Transportation has agreed to fund ninety-five percent of the cost overrun, now therefore be it
RESOLVED, on recommendation of the Public Works and Budget and Capital Committees, That the bid be awarded to United Eagle Painting Corporation of 217 Oliver Street, North Tonawanda, NY, lowest, responsible bidder, in the amount of $359,000.00,
RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed two and one-half percent of the aforementioned bid amount on behalf of the County, funds to be provided from account D5111.54411,
RESOLVED, further, That the Director of Finance be authorized to make the following budget appropriations:
 FROM:  A1990.54400  Contingency Funds $3,620.65
  TO:  D5111.54411  Highway Materials $3,620.65
SEQR ACTION: TYPE II-1

RESOLUTION NO. 261 - APPROPRIATION FROM CONTINGENT FUND – HIGHWAY MATERIALS

 MOVED by Ms. Blanchard, seconded by Mr. Lane. A short roll call vote resulted as follows:  Ayes - 9; Noes - 2 (Representatives Joseph and Schuler); Excused - 4 (Representatives Koplinka-Loehr, McBean, Robertson, and Winch).  RESOLUTION CARRIED.
 
 WHEREAS, the Highway Department is required to reimburse the New York State Emergency Management Office (SEMO) the amount of $6,818.09 for a disaster project in 2000 that was de-obligated this year by the Federal Emergency Management Association (FEMA), and
 WHEREAS, this expense represents a burden in the highway materials budget, and
 WHEREAS, the Highway Materials account will be in a deficit situation in the amount of approximately $6,900 for 2002 without an appropriation for this added expense, now therefore be it
 RESOLVED, on recommendation of the Public Works and Budget and Capital Committees, That the Director of Finance be authorized to make the following budget appropriations:
  FROM:  A1990.54400 Contingent Fund $6,818
  TO:  D5110.54312 Highway Materials $6,818
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 262 - REQUEST TO AMEND TOMPKINS CONSOLIDATED AREA TRANSPORTATION AGREEMENT

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

 WHEREAS, Tompkins Consolidated Area Transportation (TCAT) has drafted a Strategic Plan for approval by the TCAT Board of Directors that identifies the formation of a single transit organization with one employer as one of three major objectives for the future, and
 WHEREAS, the TCAT Board of Directors is committed to working together to restructure TCAT as soon as possible to meet this important Strategic Plan objective, and
 WHEREAS, the existing April 1, 1998, TCAT Consolidation Agreement, which created the joint venture structure, will need to be terminated in order to create a different organizational structure, and
 WHEREAS, the Consolidation Agreement states:  “At any time during the final ninety (90) days of the fifth [2002] calendar year of this agreement, any party may give written notice to the other parties that it will withdraw from the joint venture without forfeiture of its share in the assets of TCAT, such withdrawal to be effective at the end of the sixth [2003] calendar year after the effective date of this agreement” and,
 WHEREAS, the TCAT Board of Directors on behalf of the three partners does not wish to cause undue concern among employees and customers about the viability of public transit in the County and fears about job security that would be damaging to morale and make it more difficult to recruit drivers and retain other employees, and
 WHEREAS, given the rapid approach of the withdrawal notice period, one or more of the partners may feel they have to serve the notice to preserve their rights, and
 WHEREAS, this scenario can be avoided if the parties agree to amend the Agreement to extend the notice period throughout the calendar year 2003 during which time the parties will work to create a different organizational structure and terminate the Consolidation Agreement, and
 WHEREAS, the Consolidation Agreement states it can be amended “only by an instrument in writing in the same manner in which it was adopted,” the City of Ithaca Common Council, the Tompkins County Board of Representatives, and Cornell University will all need to sign the proposed amendment, now therefore be it
 RESOLVED, on recommendation of the Public Works Committee, That the TCAT Board of Directors requests the City of Ithaca, Tompkins County, and Cornell University to amend the first sentence of Section 8.1 (c) of the Consolidation Agreement as follows:
 “At any time during the sixth [2003] calendar year of this agreement, any party may give written notice to the other parties that it will withdraw from the joint venture without forfeiture of its share in the assets of TCAT, such withdrawal to be effective at the end of the seventh [2004] calendar year after the effective date of this agreement,”
 RESOLVED, further, That the TCAT General Manager, working with Partner Representatives on the TCAT Board of Directors, is directed to convey this request to the City of Ithaca, Tompkins County, and Cornell University for action in as timely a manner as is possible.
SEQR ACTION:  TYPE II-20

Report from the Planning Committee

Ms. Kiefer, Chair, reported the Committee held a public meeting on October 17th to discuss the Pesticide Neighbor Notification Law and she commented that it went really well.  There was very little redundancy in the comments made.   At the regular Committee meeting, the Committee heard from the Environmental Management Council (EMC) Coordinator that Susan Brock will not continue as chair of the EMC in 2003.  She reported there is an intern in the Planning Department working on the Cities for Climate Protection Program and a local action plan is being developed. The Unique Natural Areas Committee was asked to look at trails that go through natural areas and make a recommendation on how the impact would be handled if at all.  Ms. Kiefer commented on the appointments made to the Cayuga Lake Intermunicipal Organization.  The Water Resources Council (WRC) has asked for clarification on how municipal members to the WRC should be solicited and selected.  In the past the use of the Municipal Officials Association (MOA) made sense, but the WRC has been sending requests to Municipal governments directly anyway. By motion, the Committee agreed it did not make sense to ask the MOA to come up with names if the WRC was still going to contact municipalities and because the City is not a member of the MOA.  The Planning Department has begun public meetings on the development of a Comprehensive Plan.  The Committee had a brief update on County-owned property.  The County owns a lot of parcels but the Committee discussed a small parcel off Elmira Road which is adjacent to Buttermilk Falls State Park and near where the Black Diamond trail may go.  The parcel may be relevant for Coreorgonel, a Native American site. The discussion was preliminary concerning the future status of that land and whether it should remain County property.

Withdrawal of Resolution(s) from the Agenda

 Chair Joseph granted Ms. Kiefer permission to withdraw from the agenda the resolution entitled Authorizing a Public Hearing on Local Law No. k of 2002 - A Local Law Authorizing Pesticide Neighbor Notification, since several members of the Board were not present and this was an item of considerable interest.

Report from the Government Operations Committee

Mr. Booth, Vice Chair, said the Committee has not met since the last Board meeting.

Report from the Economic and Workforce Development Committee

Mr. Lane, Chairman, said the Committee has not met since the last Board meeting. The next meeting will be November 14th at 2 p.m.

Report from the Charter Review Committee

Mr. Lane, Chairman, said the Committee continues to meet and move through a number of revisits. The Committee has been experiencing quorum problems, but is doing the best it can. He said he is pleased to report the November election results were four to one in favor of the referendum concerning the filling of vacancies on the Board.

Report from the Communications Capital Projects Committee

Ms. Blanchard, Chair, said the Committee met on October 22nd and heard a financial status report on the project elements.  The Committee received a report on the status of the Public Safety Communications System Project (Towers Project).  She reported they are in the midst of an in-depth review by the consultants, NYSTEC (New York State Technology Enterprise Corporation), of the Motorola proposals.  NYSTEC is also updating the information for the coverage and capacity of the current system.  The Committee discussed the letter of intent that is being developed between the County and the State Office for Technology SWN (Statewide Wireless Network) project team.  SWN is now reviewing the proposed agreement and is expected to return it with a substantive commitment.  A meeting is being set up with Senator Seward who chairs the special committee created to deal with the SWN project.

The Committee discussed the status of the 911 Center construction documents and other details including another meeting with the Village of Lansing Planning Board scheduled for November 11th.  In order to get a building permit under the current Building Code, a special meeting of the Building Committee will need to be scheduled early in December.  It is hoped a short presentation will be given to the full Board at the time bidding of the project is authorized.  The Committee will be considering a draft contract with Motorola at their next meeting concerning consoles and equipment for the Center.

Mr. Marx, Planning Commissioner, reported on the status of the Department of Transportation relocation.  Comparative analyses have been completed for the two sites in Dryden recommended by the Town and Village and a meeting with the two municipal boards is scheduled for November 18th.  The Hanshaw Road site will also be included in the comparison matrix as that was the site and thus the starting point.

The next meeting is scheduled for November 19th at 11:30 a.m.

Report from the Fiscal Management Committee

 Mr. Joseph, Chairman, reported the meeting scheduled for November 8th has been cancelled due to lack of business.

Report from the Public Safety Building Space Planning Committee

 Mr. Joseph, Chairman, said the Committee will meet November 8th at 1:30 p.m.

Report from the Space Needs and Location Committee

Mr. Joseph, Chairman, said the Committee will meet November 13th at 3:00 p.m.

 Mr. Proto asked for direction in proposing changes to the salaries for Board members.  Mr. Joseph said changes in salaries go through the Government Operations Committee and if approved are then submitted to the full Board for approval.  Another option is to bring forward a resolution at the meeting when the County Budget is being considered.

Report from the Ethics Advisory Board

 Ms. Kiefer, Chair, said the County Attorney is drafting language for the Committee to consider.  The County Attorney was given direction by the Committee, which will discuss the proposed wording at the next meeting on November 18th.

Approval of Minutes

It was MOVED by Ms. Herrera, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the minutes of October 15, 2002 as submitted.

 Adjournment

On motion the meeting adjourned at 6:45 p.m.

Respectfully submitted, Michelle Pottorff, Deputy Clerk.