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.

Privilege of the Floor by the Public

 Carolyn Peterson, City of Ithaca Mayor, spoke in opposition to the proposed resolution which permanently removes sales tax on clothing and footwear.   Mayor Peterson referred to a communication she sent to the Budget and Capital Committee opposing the elimination of this tax.  She stated the City received notification of the State's year-round sales tax exemption after the City's budget was finalized and to make up the loss in revenue from this exemption the City would have to draw approximately $100,000 from its fund balance.  She stated when the exemption issue was raised earlier this year members of the Legislature stated that if there was interest in this topic in the future, timely meetings would be held with the City in order to be in agreement.  She said this has not occurred and the City's budget for 2006 is now complete.

 Patrick McKee, President of Challenge Industries, reported on an award Challenge Industries recently presented to Nancy Zook of the Tompkins County Youth Services Department.  Ms. Zook has worked during the past year with Challenge Industries and a number of other local youth organizations to develop a collaborative project to provide employment services to at-risk youth.   Mr. McKee said Ms. Zook was awarded the Partner of the Year Award and commended her on her work and determination in making a long and difficult eligibility process happen in a timely and friendly manner.  He expressed his appreciation for all of Ms. Zook's hard work.

 David Marsh, Representative of Laborers 589 and Tompkins County Building Trades, spoke regarding the resolution on the agenda this evening approving bonds for the Tompkins Cortland Community College (TC3) dormitory project.  He said this issue has become controversial since it was discovered that this project would not be paying local prevailing wages.  He said as a Trades representative, he has had several discussions with President Haynes and Mr. Ross of TC3 and is fairly confident that, while the work will not be entirely performed by union members, the project will include local trade representatives at the table for discussions.   Mr. Marsh said they believe this project is good for the Dryden community and for TC3.  He said he has asked President Haynes to give  consideration to the apprenticeship resolution that was adopted by both Tompkins County and the City of Ithaca and they will be meeting this week with President Haynes to discuss this further.

 Catherine Valentino, Town of Ithaca Supervisor, thanked Tompkins County for the grant funds recently awarded for the Tutelo Park Opening Event.  She said at last night's Town Board meeting three representatives from Tompkins County spoke to the Town Board:  Legislator Koplinka-Loehr spoke about County issues, Jay Franklin spoke about Assessment exemptions, and David Squires spoke about the change in the tax bills and collection.  She thanked the Legislature for all of the help it offers to the Town.

 Ms. Valentino spoke about the proposed resolution on the agenda to remove sales tax from clothing and footwear.   She urged the Legislature not to enact this tax abatement for 2006 because it would have a large negative impact on the Town of Ithaca budget.  She said Stephen Farkas, Town of Lansing Supervisor, also expressed the Town of Lansing's opposition to this as well.  She said although they would like to do as much as possible to help low-income residents of this community, she does not feel this approach would help the people who really need it.

Privilege of the Floor by Legislators

 Mr. Winch, District No. 8 Legislator, announced his resignation from the Legislature effective November 30, 2005, for personal reasons.   He said he is unable to attend any December meetings and  cannot accept salary compensation for that time.    He gave the following statement:

 "During my service of 20 years and 9 months on this Legislature I have worked with wonderful chairpersons:  Harris Dates, Mary Call, James Mason, Bob Watros, Stuart Stein, Barbara Mink, and Tim Joseph.  I especially thank Mary Call for establishing my opportunity for the Health and Human Services Program Committee Chairmanship the first year after I was elected.   This was followed by Jim Mason's confidence in me for building projects.  Some of those projects include the Mental Health Building, Transit Center, Old Jail, Airport, and some other small ones.  A very special thanks to Stu Stein for giving me a program committee chairmanship when the Democrats took over the majority of this Legislature.  In sincere fairness, Tim Joseph has offered me chair positions while he has been Chairman; however, I knew that my career was winding down and I wished to give the opportunity to be Chair of a program committee to other people.  Thank you very much Tim, you have treated me very fairly.

 "During these 20 years I have learned to respect our staff.  This County is so blessed to have a quality staff.  Although it is dangerous to name a few because there are so many, I am going to mention some department heads and some line workers.   Over my 20 plus tenure, I thank and highly respect: Scott Heyman, Steve Whicher, Bill Mobbs, Mary Pat Dolan, Alice Cole, Valeria Coggin, Michelle Eighmey, Kate Hackett, Sylvia Allinger, and Melody Scheffler.  All of these people I have worked with from time-to-time and I have enjoyed and respect those people.  And of course I would be remiss if I didn't mention Cathy Covert and Michelle Pottorff.  During my 20-plus tenure I have had the privilege of working with 37 different legislators.  It has been a real pleasure for me.  Those who are here God bless you and those who are not here God bless you.

 "It has been my privilege to serve not only District eight, Newfield and the southern half of Enfield, but all of the 98,000 people that live in this County.  I am confident that Tompkins County will continue to be a very respected place to live and to work.   Of those staff and Legislators here tonight, I say that I have enjoyed our relationship, our debates, our working together for the benefit of all of Tompkins County.  I try to live by the phrase "self praise is no praise at all", it is not my place to rate my performance; that is left to others.  All I can say is "I tried".  God bless you all".

 Mr. Joseph thanked Mr. Winch for his service and said while he knew Mr. Winch would be leaving soon, he wasn't aware it would be so soon. Mr. Joseph announced that under the provisions of the County Charter, Gregory Stevenson, who has been elected to that seat, will take office as soon as Mr. Winch's resignation becomes effective.

 Mr. Penniman, District No. 15 Legislator, said public meetings are being held concerning Coddington Road and Hanshaw Road and there has been a lot of helpful public input.  There has also been communication from the Town in terms of their desires with regard to those roads. A meeting will be held with the Town of Ithaca Supervisor and legislators will be informed as to when that will take place.

 Ms. Robertson, District No. 13 Legislator, thanked Mr. Winch for all of the help he provided to her as a new Legislator and for being a good role model.  Ms. Robertson said this Legislature has consistently tried to talk about the "tax levy" and has been criticized by the media for talking about the "tax rate".  She referred to issues of local publications of the Ithaca Journal and the Ithaca Times in which there was no consistency in talking about these topics, and infact, several mistakes have been published .  She said she hopes the media can start doing a better job reporting on this as well.

 Mrs. McBean-Clairborne, District No. 2 Legislator, said she has asked Ms. Skinner, Public Information Coordinator, to address the need for more public information explaining the tax rate and the tax levy and the difference between them.  She also thanked Mr. Winch for being on the Legislature while she has served.  She said one of the things she prides herself on is standing by her principles and that is one of the things she admires most about Mr. Winch.  Although they may not agree on those principles, she admires him for standing behind what he believes in.  She said she will also miss his cooking and the down-to-earth aspect of his character.   Mrs. McBean-Clairborne said her mother also admires and respects Mr. Winch and echoes many of the comments made this evening.

 Ms. Herrera, District No. 5 Legislator, recalled a conversation she had with Mr. Winch in her early days as a Legislator in which Mr. Winch said "just remember, your vote is just as good as anyone else's".  She said that has been a good foundation for her to remember and she will miss him.  Ms. Herrera said she and Mr. Winch have been allies on some issues, one of which was the Off -Track Betting issue.

 Ms. Herrera announced a free water-quality symposium on Six Mile Creek and Fall Creek will be held on December 1st.  The funding for this has been provided by the City of Ithaca, Cornell University, the Towns of Caroline, Dryden, and Ithaca, with additional support from the Community Science Institute, Soil and Water Conservation District, and Cornell Cooperative Extension.   It will begin at 7:30 p.m. at Cooperative Extension, 515 Willow Avenue.   She also announced a buy local food campaign will be sponsored by Cooperative Extension on November 16 at 7 p.m.  Also, a free energy conservation workshop will be held on November 17 at noon at Cooperative Extension.

 Mrs. McBean-Clairborne announced GIAC will host its annual Harvest Dinner on November 18 at 6 p.m. in the Beverly J. Martin gymnasium.  She also announced the Alpha Phi Alpha Fraternity is celebrating it's founding 100 years ago with many events planned for this weekend.  She noted this is one of the oldest black fraternities in the country.

Addition to the Agenda

 It was MOVED by Ms. Herrera, seconded by Mr. Totman, to add the following resolution to the agenda:  "Providing an Exemption from Sales and Compensating Use Taxes for Receipts from Retail Sales of, and Consideration Given or Contracted to be Given for, Certain Clothing and Footwear, Pursuant to the Authority of Article 29 of the Tax Law of the State of New York".   A voice vote resulted as follows on adding this resolution to the agenda:  Ayes - 13, Noes - 2 (Legislators Kiefer and Proto). MOTION CARRIED.

Presentation of Resolution by the Budget and Capital Committee

RESOLUTION NO. 221 - PROVIDING AN EXEMPTION FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, CERTAIN CLOTHING AND FOOTWEAR, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK

 MOVED by Ms. Herrera, seconded by Mr. Lane.  Ms. Herrera said she understands the concerns that have been expressed about the timeline; however, she thinks many people are at a disadvantage as a result of the sales tax.   She said just because someone is going to college does not mean they are wealthy. Ms. Herrera said she knows this puts a burden on the property tax but feels the sales tax is a very heavy burden for poor people.

 Mr. Totman said he feels sales tax is fair and applies only to the people who make purchases.  He said there are a lot of senior citizens in Tompkins County who cannot afford adding this lost revenue to their property taxes.

 Mr. Lane said the property tax is very regressive and the sales tax is even more regressive.  He said he has supported all of the various possibilities through the State Legislature to remove this tax because he feels clothing is a basic necessity.  Mr. Lane said he believes it is time that the County permanently remove this tax.  Although he understands the City's position, they have consistently taken the same position.  Until the City addresses the structural problems within its budget they will not support a reduction in its revenue.

 Mr. Penniman said he can understand and respect the arguments that have been presented on both sides of the issue.  He said Tompkins County has a significant amount of tax-exempt property and the sales tax allows the County to collect tax from people living in tax-exempt housing and from the 13,000 people that commute into Tompkins County daily to work; therefore, he will support this.

 Mr. Booth said while the sales tax and the property tax are both regressive, as a matter of both tax policy and in terms of timing as budgets for 2006 have already been adopted, he will not support reducing the sales tax on clothing and shoes.

 Ms. Kiefer said the other problem that has not been mentioned is the State's authority to raise the maximum limit above $110 which the County would be bound by.

 Mrs. McBean-Clairborne said she will not support this resolution tonight so that the discussion that has been requested can take place.  She believes this would help a large number of people in this community and hopes unified discussion and support can come together so that this can be put into effect in some form next year.

 A roll call vote resulted as follows:  Ayes - 2 (Legislators Herrera and Lane); Noes - 13.  RESOLUTION FAILED.

 WHEREAS, New York State Tax Law §1115(a)(30) provides for an exemption from sales and compensating use taxes on items of clothing and shoes that cost less than $110; in 2003 Tompkins County chose not to adopt this permanent exemption, but instead to participate in sales tax holidays; subsequently implementation of the permanent exemption was delayed by the State Legislature for one year and now becomes effective April 1, 2006, and
 WHEREAS, Tompkins County received notice that if Tompkins County wishes to join New York State in permanently removing its 4 percent total share of sales and use tax as of April 1, 2006, it must act to do so no later than December 1, 2005, and
 WHEREAS, if Tompkins County elects the exemption and the State changes the terms of the exemption such change in terms shall automatically be incorporated into the exemption provided by the county, now therefore
Be it enacted by the Legislature of the County of Tompkins, as follows:
SECTION 1.  Section six of Resolution No. 256A of 1966, as amended, is amended by adding a new subdivision (h) to read as follows:
(h) Receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from state sales and compensating use taxes pursuant to paragraph (30) of subdivision (a) of section 1115 of the New York Tax Law shall also be exempt from sales and compensating use taxes imposed by this resolution,
SECTION 2.  This resolution shall take effect April 1, 2006, and shall apply in accordance with applicable transitional provisions of the New York Tax Law.
SEQR ACTION:  TYPE II-20

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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 prior to this meeting to discuss the resolution that will follow.  The next meeting will be held December 7th at 2:30 p.m.

RESOLUTION NO. 222 - APPROVAL OF THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $7,000,000 CIVIC FACILITY REVENUE BONDS (TOMPKINS CORTLAND COMMUNITY COLLEGE FOUNDATION, INC. PROJECT), SERIES 2005

 MOVED by Mr. Lane, seconded by Mr. Totman.  Mr. Lane said he hopes Legislators will support this resolution which is for construction of an additional dormitory on College land.  It is something the College needs and recalled last year they were forced to house students at the Holiday Inn in Cortland.  He said they have a need for more residential space for out-of-county students and for many local students who want to have an away-from-home experience.   He also said the chargebacks  received by the Capital Fund and Operating Funds will increase because of the out-of-county students.   He said he is very pleased that the College Foundation has been in discussions with the local trade unions about how to encourage the use of more local labor in this project even though it will not be a prevailing-wage project.
 
 Ms. Herrera said she attended TC3 and supports the College and its endeavors.  Her no vote this evening, however, is to encourage the College to do the right thing and pay the prevailing wage to workers.

 Ms. Kiefer said according to the Department of Environmental Conservation Division of Environmental Permitting under SEQR, Tompkins County should not be acting on this resolution until the Lead Agency (Town of Dryden) has completed its environmental review of the project.   She said she learned at today's Planning, Development, and Environmental Quality Committee meeting, that the Industrial Development Agency is not acting to issue the bonds until after the Town of Dryden completes its SEQR review.  On another SEQR-related matter the resolution is listed as a TYPE II-20, which is routine administration and management.  Ms. Kiefer said she does not agree with that because it is her understanding that this project would not move forward at this time without tax-exempt bonds; any other form of financing is too expensive.  Therefore, the vote by this Legislature will decide whether the project moves forward or not.  Because it is a discretionary action of that sort, she feels it probably has the wrong SEQR type listed on the resolution.

 Mr. Wood said he received a phone call from Harris Beach, Bond Counsel for the IDA, who stated they had discussed this with Legislator Kiefer.  He said they disagreed with her position and he does as well.  He believes this resolution can be passed and is nothing other than a routine action.

 Mr. Joseph said he will vote against this resolution but not because he doesn't support this project.  Mr. Joseph said under State Law community colleges are not permitted to have dormitories.  Most believe that is an unfair restriction and, therefore, have helped to create a TC3 Foundation that will build and operate dormitories for the College.  The side effect of having created that Foundation is that this independent foundation is not required to meet the prevailing wage requirement that the College is required to meet.  Mr. Joseph said he has discovered that by getting around one restriction, a mechanism that allows us to bypass another one that he feels is valuable has been created.  He said he cannot support using the Foundation as a way not to pay prevailing wage.

 Mrs. McBean-Clairborne said she, too, is very fond of TC3.  However, she agrees with Mr. Joseph's comments; she is happy to hear discussions are taking place with regard to an apprenticeship program.

 Mr. Totman said he does not believe this should be held up as TC3 is a very important institution in this community.

 A voice vote on the resolution resulted as follows:  Ayes - 9 (Legislators Blanchard, Booth, Koplinka-Loehr, Lane, Penniman, Proto, Todd, Totman, and Winch); Noes - 6 (Legislators Herrera, Joseph, Kiefer, McBean-Clairborne, Robertson, and Schuler).  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 Tompkins Cortland Community College Foundation, Inc., a not-for-profit corporation duly formed and validly existing under the laws of the State of New York (the "Company") the Issuer proposes to issue its Civic Facility Revenue Bonds (Tompkins Cortland Community College Foundation, Inc. Project), Series 2005 in an aggregate principal amount not to exceed $7,000,000 (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 Legislature that it give such approval in accordance with the Code, and
 WHEREAS, the project (the "Project") shall consist of:  (A) the acquisition, construction and equipping on an approximately 11-acre parcel of land located on Far View Drive, in the Town of Dryden, Tompkins County, New York (the "Land") of (i) an approximately 47,000 square-foot four-story student housing building to be used by the Company to provide housing and related services to approximately 150 students (the "Building"), and (ii) a parking lot containing in the aggregate approximately 150 parking spaces (the "Parking Lot"); (B) the acquisition and installation in and around the Building and Parking Lot of certain items of machinery, equipment, furniture, and other tangible personal property (the "Equipment" and collectively with the Land, the Building, the Parking Lot and the Equipment, the "Facility"); (C) paying certain costs and expenses incidental to the issuance of the Bonds (as hereinafter defined) (the costs associated with items (A) through (C) above being hereinafter collectively referred to as the "Project Costs"); and (D) the lease (with an obligation to purchase) or sale of the facilities financed with the Bonds to the Company or such other person as may be designated by the Company and agreed upon by the Issuer(A) the acquisition, construction, and equipping on an approximately 11-acre parcel of land located on Far View Drive, in the Town of Dryden, Tompkins County, New York (the "Land") of (i) an approximately 47,000 square-foot four-story student housing building to be used by the Company to provide housing and related services to approximately 150 students (the "Building"), and (ii) a parking lot containing in the aggregate approximately 150 parking spaces (the "Parking Lot"); (B) the acquisition and installation in and around the Building and Parking Lot of certain items of machinery, equipment, furniture, and other tangible personal property (the "Equipment" and collectively with the Land, the Building, the Parking Lot and the Equipment, the "Facility"); (C) paying certain costs and expenses incidental to the issuance of the Bonds (as hereinafter defined) (the costs associated with items (A) through (C) above being hereinafter collectively referred to as the "Project Costs"); and (D) the lease (with an obligation to purchase) or sale of the facilities financed with the Bonds to the Company or such other person as may be designated by the Company 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 the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, 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 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, a public hearing was held on November 9, 2005, upon proper notice in compliance with the Code, and
 WHEREAS, the Committee, after due consideration of the foregoing, desires to recommend to the 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, and
WHEREAS, the project will not proceed to construction until full compliance with the State Environmental Quality Review Act is complete, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That:
 Section 1. The 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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Chair's Report

 Mr. Joseph had no report.

Report from the County Administrator

 Mr. Whicher thanked Legislator Winch for his service and said he always appreciated his advice and wished him the best of luck.

 Mr. Whicher said after the budget process Legislators will receive a survey on the budget process and asked that they be completed and returned as soon as possible.  He said Legislators are probably receiving phone calls from retirees about Medicare Part D.  He said the County wants its retirees to sign up for Medicare Part D and the County will provide a wrap around insurance.  He asked Legislators not to answers questions and to refer retirees to the Personnel Department.

 Mr. Whicher said he has submitted his goals and objectives for 2006 to all Legislators.

 He reported on the Communications Capital Project and said the final EIS (Draft Environmental Impact Statement) is coming back and the process has been moving forward well.  Negotiations with Motorola are going well and he thinks most of the technical issues have been addressed.   Motorola has been told that all issues have to be resolved by December 9th or the County will not make any commitment to complete the project with the current Legislature.  In addition, Mr. Whicher said they are moving forward with the RFP (Request for Proposals) for the site developments and will sign those contracts around January 18th.  He has distributed a brochure from Motorola to all Legislators.  He said there has been a large increase in interest rates and said it may be in the County's best interest to proceed with a lease purchase.    He said this is only a financing tool to lock the County into interest rates now rather than being forced into higher rates later.

Report from the County Attorney

 Mr. Wood had no report.  Mr. Proto asked for an update on the status of the Department of Social Services lawsuit.  Mr. Wood said there were many inaccurate statements made during the election.  At the present time the suit is in the discovery phase.  That will be followed with a period of motions which could take up to a year and then a decision will be made on whether or not to proceed to trial.  Mr. Wood said the County still maintains that the Department of Social Services acted properly.

Report from the Finance Director
 
 Mr. Squires reported on the refinancing of tobacco bonds.   The pricing was completed today and he was informed the County will receive $3.6 million.  He distributed information to all Legislators on why there is interest in purchasing these bonds.

Addition of Resolution(s) to the Agenda

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

Withdrawal of Resolution(s) from the Agenda

 Chair Joseph gave the appropriate committee permission to withdraw the resolution entitled Amendment to 2006 Tentative Budget - Tompkins County Area Development from the agenda.

Approval of Resolution(s) Under the Consent Agenda

 It was MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda:

RESOLUTION NO. 223 - AMENDING INTER-MUNICIPAL RECREATION PARTNERSHIP BYLAWS

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

WHEREAS, Tompkins County is one of eleven municipal partners jointly financing and planning youth recreation programs that complement those offered by local municipalities and has two voting seats on the Recreation Partnership’s governing board, and
WHEREAS, all participating municipalities, including Tompkins County, approved an initial set of bylaws for the Recreation Partnership in January 2002, and
WHEREAS, the Recreation Partnership Board has requested minor changes be made to clarify the bylaws to improve the effectiveness of the governing board, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the revised bylaws be and hereby are approved by the Tompkins County Legislature, effective upon approval of all participating members.
SEQR ACTION:  TYPE II- 20

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RESOLUTION NO. 224 - AUTHORIZATION TO ACCEPT 2004 STATE WATER QUALITY COORDINATING COMMITTEE MINI-GRANT FUNDING

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

 WHEREAS, the New York State Soil and Water Conservation Committee and New York State Department of Environmental Conservation have awarded state water quality coordinating committee mini-grant funds to the Tompkins County Water Resources Council, and
 WHEREAS, the Tompkins County Water Resources Council serves as the water quality coordinating committee in Tompkins County, and
 WHEREAS, the grant funds will be used in accordance with the grant requirements to conduct a gap analysis of stormwater management regulations and best management practices throughout Tompkins County, and
WHEREAS, the Tompkins County Planning Department will administer these grant funds on behalf of the Tompkins County Water Resources Council, and
WHEREAS, the cooperating organizations and agencies have already agreed to undertake the projects if grant funds are awarded, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby agrees to accept these grant funds in the amount of $5,000,
RESOLVED, further, That the County Administrator, or his designee, be authorized to execute any contracts necessary for the purposes of managing the grant.
SEQR ACTION:  TYPE II - 21

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RESOLUTION NO.  225 - BUDGET ADJUSTMENT – SHERIFF

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

 RESOLVED, on recommendation of the Public Safety Committee, That the Director of Finance be directed to make the following budget adjustment on his books:

Sheriff
Revenue Acct           Title                  Amt          Approp Acct Title(s) ___________
3113.44389 Other Public Safety Aid - Federal  $30,000    3113.52220       Law Enforcement
Department Equipment
Explanation:  Increase expense line for purchase of grant approved vests.
SEQR ACTION: TYPE II-20

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Approval of Appointment(s) Under the Consent Agenda

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

STOP-DWI Advisory Board
Frances Helmstadter -At-large representative; term expires December 31, 2007
Ron Schoneman - At-large representative; term expires December 31, 2007
Report from the Workforce Diversity and Inclusion Committee

 Mrs. McBean-Clairborne, Chair, reported the Committee will meet on November 30th.   At the last meeting the Committee took up a number of issues and continues to work on policy issues.   A draft policy has been presented to department heads and will be forwarded to this Legislature for feedback.  Mrs. McBean-Clairborne said there was also discussion about voluntary disclosure of one's LGBT status.  This is an item that will continue to be discussed.  A subgroup is also working on the entire County's Diversity Initiative Plan which includes recruitment, hiring, retention, culture change, training opportunities, etc.

Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

 Mr. Penniman, Chair, reported the Committee met on November 8th at the Recycling and Solid Waste Center and spoke about traffic issues at the Center.  He said during busy times traffic backs up and gets slowed down at the scalehouse.  He distributed copies of a report pertaining to that which was prepared by Barton and Loguidice and also some Cornell students.   Mr. Penniman said the other problem at the Center is that the scale itself is not appropriate for weighing small weights.   He also reported the Solid Waste Division will be coming forward with a new plan for recycling aluminum cans.    The next meeting will be November 22nd at 1:30 p.m. at the Airport.

RESOLUTION NO. 226 - AUTHORIZING THE PURCHASE OF WIND ENERGY EQUAL TO FIVE PERCENT OF TOMPKINS COUNTY ELECTRIC USAGE FROM COMMUNITY ENERGY INC., AND ACCEPTANCE OF SUBSIDY FROM MUNICIPAL ELECTRIC AND GAS ALLIANCE IN THE AMOUNT OF $2,000 TO PARTIALLY OFFSET PURCHASE
  
 MOVED by Mr. Penniman, seconded by Mr. Booth.  Ms. Kiefer said this was not unanimously approved at the Committee meeting.   She said she voted against this because of a concern by the  Environmental Management Council's Energy Committee about the private nature of Community Energy and our inability to get certain assurances from them about the use made of money that is being paid. She said the County is already getting one and a half percent of its electricity from solar.  The County only needs to purchase three and half percent to reach the goal that was set by the County to get five percent of its electricity from renewables by 2008.   She said purchasing that would be less expensive than the five percent listed in the resolution and tried to pursue reducing the amount to save taxpayer money but was met with information that MEGA is only interested in subsidizing five percent and that is a uniform offer they are making to other municipalities.  She spoke to Stuart Stein of the Municipal Electric and Gas Alliance and was informed that that the MEGA Board does not meet until December.  She would like to pass this resolution with the understanding that we will approach MEGA and ask for a smaller subsidy to purchase a smaller amount, and that nothing be negotiated until after that time.

 Ms. Blanchard spoke as a member of the MEGA Board and said it is entirely up to the County whether or not to move forward with this opportunity.  She said Otsego and Tioga counties have already participated in this; and does not believe they can easily change the rules in midstream.  She said she will take the idea to the MEGA Board for discussion.   She said she provided several pieces of information to the EMC's Energy Committee.

 A voice vote resulted as follows:  Ayes - 13, Noes - 2 (Legislators Herrera and Kiefer).  RESOLUTION ADOPTED.

 WHEREAS, Resolution No. 175 of 2004 stated Tompkins County's desire to continue its efforts to reduce greenhouse gas emissions by adopting a renewable energy standard that sets the following goal:
Tompkins County will increase its proportion of non-polluting, renewable energy so that 5 percent of its annual electricity use will be from renewable sources by 2008, and
 WHEREAS, Community Energy, Inc., of Wayne, Pennsylvania, has sufficient wind energy available to supply five percent (5%) of Tompkins County electric power usage, 390,000 kwh, allowing the County to meet the renewable energy standard outlined in Resolution No. 175 of 2004, and
 WHEREAS, the Municipal Electric and Gas Alliance (“MEGA”) has offered to assist Tompkins County in this endeavor by providing a $2,000 subsidy each year for a three-year period to offset the initial increase in kilowatt hour costs by the County to make the renewable energy purchase more affordable, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County hereby authorizes the County Administrator, or his designee, to enter into a contract with Community Energy Inc., of Wayne, Pennsylvania, to purchase five percent (5%) of the County's electric power, 390,000 kwh, for a five-year term of January 1, 2006, through December 31, 2010, at a rate of  $0.021 per kwh, for a total annual cost of $8,190,
RESOLVED, further, That the County hereby accepts the $2,000 from MEGA to be applied to the first year cost of the program.
SEQR ACTION:  TYPE II-20

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Presentation of Resolution(s) filed Amending the 2006 Tompkins County Budget

RESOLUTION NO. 227 - AMENDMENT TO 2006 TENTATIVE BUDGET - INCREASE UTILITIES BUDGET

 MOVED by Mr. Penniman, seconded by Mr. Booth.  A voice vote resulted as follows:  Ayes – 14, Noes – 1 (Legislator Lane).  RESOLUTION ADOPTED.

RESOLVED, That a $8,190 expense be added to the Utilities budget to support wind energy purchases with revenue of $2,000 from MEGA (Municipal Electric and Gas Alliance),
RESOLVED, further, That this action increases the 2006 property tax levy by .02% and increases the tax rate by $.001 from $6.588 to $6.589.
SEQR ACION: TYPE II-20

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RESOLUTION NO. 228 - AMENDMENT TO 2006 TENTATIVE BUDGET - PERSONNEL

 MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne.  A voice vote resulted as follows:  Ayes – 11; Noes – 4 (Legislators Booth, Lane, Penniman, and Proto).  RESOLUTION ADOPTED.

RESOLVED, That $15,000 one-time funding for the Personnel Department’s training program be changed to target funding and offset by an equal fund balance appropriation,
RESOLVED, further, That this action neither increases nor decreases the 2006 property tax levy or tax rate.
SEQR ACTION: TYPE II-20

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RESOLUTION NO. 229 - AMENDMENT TO 2006 TENTATIVE BUDGET - INFORMATION  TECHNOLOGY SERVICES

 MOVED by Mr. Booth, seconded by Ms. Schuler.  Mr. Booth said he voted against this earlier in the process.  He said there were several votes which were unsuccessful in obtaining eight votes.   The outcome is that the Information Technology Services Department has been left in a difficult position of having to try to fill a highly skilled staffing position on a one-time basis with one-time money.  In the interests of resolving that problem he said he will support keeping this in as a permanent item in the budget.

Mr. Proto asked who has access to the technology and who uses it.   Greg Potter, Director of Information Technology Services, said he would prefer that this project either receive permanent funding or that the project be ended.  He said it is very difficult to fill a position at this level on a temporary basis.  Currently, the program houses two applications.  One is known as CINS which hosts court information and records for most of the local courts; the other part of the project is hosting of all of the incident and arrest data for all of the village police departments and the City of Ithaca.  This is not used by the Sheriff’s Office.

Mr. Proto asked if effort will be made towards getting municipalities to contribute to this program.  Ms. Jayne of County Administration said because of the lack of governance with this project, it has been very difficult to determine how the cost of the project should be paid.  She said once the governance structure is in place it would be appropriate to approach municipalities with this issue contributing to payment of the program again.

 Mr. Booth clarified that this resolution will either allow this project to become a permanent project or not.  Ms. Robertson reminded the Legislature that half of this position will do web development for County departments and finding a person to fill a half-time position of this nature would be very difficult.

A voice vote resulted as follows:  Ayes – 12, Noes – 3 (Legislators Blanchard, McBean-Clairborne, and Totman).  RESOLUTION ADOPTED.

RESOLVED, That $64,915 one-time funding for Information Technology Services Department be changed to target funding and offset by an equal fund balance appropriation,
RESOLVED, further, That this action neither increases nor decreases the 2006 property tax levy or tax rate.
SEQR ACTION: TYPE II-20

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RESOLUTION NO. 230 - AMENDMENT TO 2006 TENTATIVE BUDGET - PLANNING DEPARTMENT

MOVED by Ms. Herrera, seconded by Mr. Lane.  A voice vote resulted as follows:  Ayes – 14, Noes – 1 (Legislator Winch).  RESOLUTION ADOPTED.

RESOLVED, That the Planning Department will apply $24,000 of their rollover to the Capital Reserve Fund for Natural, Scenic, and Recreational Resources Protection,
RESOLVED further, That this action neither increases nor decreases the 2006 property tax levy or tax rate.
SEQR ACTION: TYPE II-20

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

 Mr. Koplinka-Loehr, Chair, reported the Committee met today and discussed many of the items presented this evening.  He noted there will be a discussion on the process to approve the filling of vacant positions that is scheduled to sunset at the end of this year.
RESOLUTION NO. 231 - ADOPTION OF 2006 TOMPKINS COUNTY BUDGET AND 2006-2010 TOMPKINS COUNTY CAPITAL PROGRAM
 
 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman.  It was MOVED by Mr. Proto, seconded by Ms. Robertson, to restore $1,700 to restore Cooperative Extension’s Ag and Farmland Protection Program to the original request of $2,700 with funds coming from the surplus.  A voice vote resulted as follows:  Ayes – 12, Noes – 3 (Legislators Joseph, Koplinka-Loehr and McBean-Clairborne).  MOTION CARRIED.

 Ms. Schuler said today marks the 16th budget she has considered.  Since 1991, she said there were no two budget processes that were the same.  Each succeeding year some things were changed, things were kept, and some things were created.  Over the years the public hearings varied also.  Mr. Winch, Mr. Proto, and Mr. Todd and she can remember one year sitting on the stage at the Ithaca High School at about 2:30 in the morning where everyone got a chance to be heard into the early hours.  To this day, she is not sure how they actually got to where they got to.  Ms. Schuler said she thinks that as new things were tried and the Legislature really analyzed how this process would best serve all of the players she would say that this year’s process is a keeper.   She thanked Mr. Koplinka-Loehr for keeping members on course, focussed, and productive, and she is ready to support this budget.

 Ms. Blanchard said this is the 12th and last budget she will vote on.  She has always supported the budget, some of which were more difficult than others.  She agreed that this year's process was very good; however, the budget is not acceptable to her.  She said it includes some things she doesn’t agree with and excludes some things she feels are critical.

 Mr. Joseph thanked Mr. Koplinka-Loehr for his leadership and hard work through the budget process.

 A roll call vote resulted as follows:  Ayes -  14, Noes – 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

 WHEREAS, the tentative Budget for the year 2006 and the proposed 2006-2010 Capital Program have been presented to the Legislature by the Budget Officer on September 2, 2005, and a revised tentative budget for the year 2006 and the proposed 2006 - 2010 Capital Program was adopted by the Legislature for public review on October 18, and a public hearing was held on November 9, 2005, and all persons desiring to be heard concerning same have been heard, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That pursuant to Section 5.07 of the County Charter, the said proposed budget as amended is adopted, subject to the correction of manifest errors by the Clerk of the Legislature and the Budget Officer, as the budget of Tompkins County for the year 2006,
 RESOLVED, further, That pursuant to Sections 5.03, 5.04, and 5.05 of the County Charter, the several amounts specified in such budget opposite each item of expenditure set forth in the column adopted are appropriated for the objects and purposes specified, effective January 1, 2006,
 RESOLVED, further, That the sum of $33,102,442 required to meet expenses and costs of county government in Tompkins County for the fiscal year 2006 as set forth in the budget be assessed against, levied upon, and collected from the taxable property of the nine towns and the city liable therefore,
 RESOLVED, further, That pursuant to Section 5.07 of the County Charter, the said proposed capital program as amended is adopted, subject to the correction of manifest errors by the Clerk of the Legislature and Budget Officer, as the capital program of Tompkins County for the years 2006-2010.
SEQR ACTION:  TYPE II-21

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Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee met on November 2 and heard from Gay Johnson and Larry Beck of the Landlords Association about housing and the pressures and costs associated with being a landlord.  The Human Services Coalition announced a forum will be held on December 8th to discuss services available related to energy and emergency repairs.  She reported the 37th annual meeting of the Health Planning Council will be held December 7th; Lee Shurtleff will be present to discuss "Emergency Preparedness, A Community Effort."  The Committee discussed emergency bed nights at the homeless Shelter and heard a report about proactive efforts the American Red Cross has been making.  Ms. Robertson reported Cooperative Extension is working on doing outreach on home heating costs for families.  The Youth Services Department informed the Committee that the County’s website now has information on school services and contact information.  Alice Cole, Public Health Director, updated the Committee on repairs being done to the Biggs Building and noted there have been no employee complaints in the past month.  Ms. Robertson announced flu clinics have commenced with 500 people making appointments for the first clinics.  The clinics will be open to the public by appointment as there is an ample supply of the vaccine.  The first meeting of the Search Committee for the position of Director of the Office for the Aging took place today.  They will begin advertising and recruiting for the position in January and expects to complete the process in late Spring.  Ms. Stein has agreed to continue in the position on a part-time basis until the position filled.

Report from the Air Service Task Force

 Ms. Blanchard, Chair, reported the Committee met on November 8 and discussed ways to quickly and effectively make the incoming Legislators familiar with the complicated funding of the Airport and services provided.  The remainder of the meeting was spent in executive session because they were talking about negotiations with the airlines.  The next meeting will be held on November 21st.

Presentation of Resolution by the Planning, Development and Environmental Quality Committee

RESOLUTION NO. 232 -  BUDGETARY ADJUSTMENT FOR AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT

 MOVED by Ms. Herrera, seconded by Mr. Booth.  Ms. Kiefer said she has concerns that there is no explanation contained in this resolution explaining what things have changed.  Mr. Marx said the change is that the County has taken a more direct role in administering the grants and the costs reflected in the grants are those steps that have to take place before closing on the easement with the property owner.  There is both a State and Federal grant involved and both agencies have independent conditions that they want included in the easement.  He said it was determined that since the County is a co-holder of the easement and the Land Trust is supposed to be, getting four parties involved in discussion with the property owner would be too cumbersome.  It was agreed that it would make more sense for the County to be the party to take that forward and it seems to be working very well.

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

 WHEREAS, by Resolution No. 97 of 2004 the Legislature authorized agreement with the State of New York for the Agricultural and Farmland Protection Implementation Grant for the Howser Farm in the Town of Lansing, New York, and
 WHEREAS, by Resolution No. 101 of 2005 the Legislature authorized acceptance of Federal Farm and Ranch Land Protection Program funds for this project, and
 WHEREAS, Resolution No. 97 of 2004 provided that the County would enter into an agreement with the Finger Lakes Land Trust for implementation of the project, and
 WHEREAS, it has subsequently been mutually agreed that certain aspects of the project should be implemented directly by Tompkins County, and
 WHEREAS, reimbursable expenses for such items as survey, title insurance, and appraisal must be incurred in 2005 prior to closing on the easement and receiving grant funds in 2006, 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 enter into agreements for services required to implement this project,
 RESOLVED, further, That the Director of Finance be authorized and directed to make the following budgetary adjustment for 2005 to implement this project:

 Revenue: 8027.43089 Other State Aid  $22,300
 Appropriation 8027.54400 Program Expense $22,300
SEQR ACTION: Unlisted
(SEQR review will be accomplished by New York State Department of Agriculture and Markets.)

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Report from the Government Operations Committee

 Mr. Lane, Chair, reported the Committee will meet tomorrow.  A resolution will be added to the agenda that will propose a change in the assessment cycle from a one-year period to a three-year period.

Report from the Public Safety Committee

Mr. Penniman, Vice Chair, reported the Committee met and heard a report a report from Lee Shurtleff, Director of Emergency Response, on dispatch operations.  They are continuing to work and resolve issues relating to dispatch procedures and more information will come at future meetings.   Mr. Penniman said Mr. Whicher was present to discus the purchase of subscriber equipment.  At this time the issue of payment for that equipment is still being worked on and it will come back to the Committee once complete.  The Committee reviewed the Jail population statistics which were up in September and October, but costs are still within budget.  He said this is an area that will need continued monitoring.

RESOLUTION NO. 233 - APPROVAL OF AMENDED BYLAWS - ADVISORY BOARD ON   INDIGENT REPRESENTATION

 MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne.   A voice vote resulted as follows:  Ayes – 10, Noes – 5 (Legislators Kiefer, Proto, Schuler, Totman, and Winch).  RESOLUTION ADOPTED.

 WHEREAS, the current bylaws of the Advisory Board on Indigent Representation limit the number of terms a member can consecutively serve, and
 WHEREAS, the Advisory Board on Indigent Representation supports amending the bylaws to allow an extension of term limits by a vote of the majority of filled seats, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That the amended bylaws of the Advisory Board on Indigent Representation are hereby adopted,
 RESOLVED, further, That a copy of said Bylaws will be filed with the Clerk of the Legislature.
SEQR ACTION:  TYPE II-20

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Approval of Minutes of November 1, 2005

 It was MOVED by Mr. Booth, seconded by Mr. Winch, and unanimously adopted by voice vote,   to approve the minutes of November 1, 2005, as submitted.  MINUTES APPROVED.

Adjournment

 On motion the meeting adjourned at 7:55 p.m.
 
 
 
 
 
 
 
 

Respectfully submitted by Michelle Pottorff, TC Legislature Office