Tompkins County Legislature
Regular Meeting
November 18, 2003
Called to Order

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

Pledge of Allegiance to the Flag and Roll Call of Members

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

 Present:  14 Legislators.  Excused: 1 (Legislator Blanchard).  (Mr. Booth arrived at 5:34 p.m.)

Distinguished Youth Award

 Mr. Winch, District No. 8 Legislator, presented Amanda Maki, Newfield resident, with the Distinguished Youth Award for November.   Mr. Winch highlighted Ms. Maki's contributions to the community with organizations such as libraries, the People's Baptist Church in Newfield, B.O.C.E.S., and with Farm City Day.  In addition to several other accomplishments, Amanda was also chosen for teen leadership at the New York State Fair for the last two years.

Privilege of the Floor by the Public

 Charles Parkin, Bowl-a-Drome, spoke concerning the lack of public restrooms in the plaza that houses the Tompkins County Department of Motor Vehicles.   He spoke of a situation in which a patron of the Department of Motor Vehicles used the restroom at the Bowl-a-Drome to wash his hands after changing license plates and left water on the floor.  He stated a customer of the Bowl-a-Drome slipped on the water and fell, and urged the Legislator to address this situation as he feels it is becoming a liability.
 
  Marge Dill, Executive Director of the Human Services Coalition, wished the Legislature luck in its deliberations on the 2004 budget.  On behalf of the Human Services Coalition, Ms. Dill said the preventive programs supported by Tompkins County serve all families and result in savings in the long term.  She stated they also serve those of the lowest income and bring a significant amount of State and Federal dollars to Tompkins County.

  Fay Gougakis, City of Ithaca, also wished the Legislature good luck in its budget deliberations.  She stated she supports the Human Rights Commission and does not think that program should be eliminated.  She also spoke of the budget for alternatives-to-incarceration and said she believes the budgets for those programs are astronomically high.   Ms. Gougakis agrees with recent news articles in which the District Attorney has stated he will no longer participate in the drug courts because of cuts to his budget.  She expressed concern over the crime rate in Tompkins County and in particular, crimes related to drug use.  She said there needs to be a major effort to curtail this drug activity and thinks the colleges should contribute more to the community.

  Donald Hassig, Cancer Action New York, provided a set of documents to the Legislature in regard to open waste burning.  He expressed strong concern over open burning of waste in backyards and on farms because of the amount of damaging dioxin emissions it creates and discharges into the environment, including the food supply.   Mr. Hassig urged the Legislature to draft a resolution that would ban open burning of waste in New York State to protect the dairy industry and the public  and forward to the State Legislature for adoption.
 
 Len McMannis, Enfield resident, spoke of the open burning of waste and said not only does he feel it is domestic chemical terrorism, it is also a cause of the cancer epidemic.   Mr. McMannis spoke of the ecological connections to cancer and other illnesses and urged the Tompkins County Legislature to embark on an educational campaign about open burning and to adopt a resolution making open waste burning illegal in New York State.
 
 Arnold Bradshaw, Enfield resident, said he recently moved here from Washington D.C. to take his children out of a polluted environment.  He spoke in opposition to open burning of waste and said there is a lot of open burning even though it is illegal in Tompkins County.  He urged the Legislature to strengthen efforts to increase the public's awareness of how dangerous open waste burning is and to enforce the law.

Privilege of the Floor by Legislators

 Martha Robertson, District No. 13 Legislature, responded to a comment made by Ms. Gougakis under privilege of the floor by the public during which Ms. Gougakis spoke of the cost of the Alternatives to Incarceration program.  Ms. Robertson said she had made a statement at a Committee meeting that the programs were not costing us $1.2 million as the District Attorney had stated in the media. She said Mr. Dentes had included some other programs that weren't alternative-to-incarceration programs, and the cost of the programs in 2004 will be $453,494.  She stated there was a significant cut this year to many County programs, including the Alternatives to Incarceration program.   Ms. Robertson read a letter she received from a Drug Court graduate showing how participation in the program had a positive impact on that person's life.  She urged anyone who is unfamiliar with the drug courts to attend a graduation ceremony.

  Dooley Kiefer, District No. 11 Legislator, stated she attended the Gateway Center Open House this evening. She said it is a wonderful addition to downtown Ithaca.  She also spoke of things taking place at the Federal level, such as the unveiling of an energy bill that will make global warming worse.  She said she is discouraged that there is promotion of reliance on oil, gas, coal, and nuclear energy and renewables get short shrift.  During the previous week other legislation was adopted that would allow the military to be totally exempt from the Marine Mammal Protection Act.   She said dolphins and whales are once again at risk and the military will be exempt from environmental review even though last year the Environmental Protection Agency Administrator said she knows of no military program that this law had interfered with.

 Mr. Proto, District No. 7  Legislator, spoke of a recent copy of the Ithaca Times in which Andre Haber wrote a Letter to the Editor entitled "Viewpoint".  The article stated the Tompkins County Legislature would be voting on a resolution that will support progressive agendas in New York State across-the-board.  The legislation refers to the Clean Money, Clean Elections Bill in both the New York State Assembly and Senate.  Mr. Proto asked if any legislator knew about this issue.  Ms. Kiefer said the Cornell Branch of Democracy Now asked for County Support of the New York State Clean Money, Clean Elections Bill and the Consumer and Community Affairs Committee will begin discussion of this issue at its December meeting; however, no decision has yet been made to forward any resolution to the full Legislature.

 Mrs. McBean-Clairborne, District No. 2 Legislator, stated she too visited the Open House for the Gateway building this evening and was delighted to see the mural on the back wall in which Elsie Brooks is featured.   Mrs. McBean-Clairborne announced GIAC will host its Annual Harvest Dinner on November 21st at 6 p.m.  She also reported the Massachusetts Court voted to allow same-sex marriages.  Although this will likely be challenged, she believes it is a step in the right direction.

 Ms. Herrera, District No. 5 Legislator, thanked members of the public who have contacted her to provide input on the 2004 Tompkins County Budget.  She said she really takes her job as Legislator seriously and although she may not agree with some of the opinions, she appreciates the many things she has learned during this process.

 Mr. Proto, District No. 7 Legislator, regretfully announced the passing of Constance "Dino" Nefaris.  He said those who frequently visited Collegetown in their youth remember the Nefaris family and Dino as a fixture in the community who contributed a lot to the community.  If you met him you would never forget him.  As far as the community goes, he feels the Collegetown community has lost a valuable and contributing citizen who touched people from all walks of life.  Ms. Schuler, who represents Collegetown, echoed Mr. Proto’s comments and said the photograph and article in today’s Ithaca Journal depicted Mr. Nefaris well.

Chair’s Report and Appointment(s)

 Mr. Joseph reported he has received an outline from judges of how they plan to conduct drug courts without the presence and participation of the District Attorney’s Office and has distributed the information to members of the Legislature.  Mr. Joseph said he spent two days last week at a conference of the Citizens Budget Commission.   He found the conference interesting and heard about budget reform measures the group is trying to get support for. The attendees at the conference were high-level State officials and business officials who are concerned about the New York State budget process.  He said there was a great deal of discussion about Medicaid and the impact it has on counties and county property taxes.   He noted an article by Jay Gallagher in the Ithaca Journal that mentioned who wasn't there -- Legislature leadership or the Governor).

County Administrator

 Mr. Whicher reported new State legislation has been adopted that will allow sheriff's deputies to have binding arbitration.  This new legislation will be in effect during the next set of negotiations.

County Attorney
 
 Mr. Wood had no report.

Report from the Finance Director

 Mr. Squires had no report.

Addition of Resolution(s) to the Agenda

 It was MOVED by Ms. Robertson, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, to add the resolution entitled Supporting the Efforts of PushBack to the agenda.

 It was MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne, to add the resolution to the agenda entitled Establishing an Approval Procedure for Filling Vacant Positions.  A voice vote resulted as follows:  Ayes - 13, Noes - 1 (Legislator Kiefer); Excused – 1 (Legislator Blanchard).  MOTION CARRIED.

Withdrawal of Resolution(s) and Appointment(s) from the Agenda

 No resolution(s) were withdrawn from the agenda at this time.  Later in the meeting, Mr. Joseph granted Mr. Totman, Vice Chair of the Public Safety Committee, permission to withdraw the resolution from the agenda entitled Honoring John Beach for Service to Tompkins County as STOP-DWI Coordinator.

 The appropriate Committee Chair withdrew appointments to the Library Board of Trustees, Public Information Advisory Board, and Board of Health as they had not been approved by appropriate  committees prior to this meeting.

Approval of Resolution(s) Under the Consent Agenda

RESOLUTION NO. 229 -  AUTHORIZING PAYMENTS FOR COMMUNITY COLLEGE OPERATING BUDGET

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, this Legislature has heretofore and by resolution approved the 2003-2004 operating budget for the Tompkins Cortland Community College and appropriated the necessary funds to pay the Tompkins County proportionate share of the operating budget of said college, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the County Administrator be and he hereby is authorized and directed, pursuant to the provisions of the Education Law of the State of New York and within the authorization provided by this Legislature, to pay Tompkins Cortland Community College an amount up to but not to exceed the Tompkins County budgeted share of the operating costs of said college for the fiscal year 2003-2004 on the following dates in the following amounts:
 
January 1, 2004   $531,894.25
March 1, 2004 $531,894.25
May 1, 2004 $531,894.25
July 1, 2004 $531,894.25
Total $2,127,578.00

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RESOLUTION NO. 230 - WORKER’S COMPENSATION BUDGET AND APPORTIONMENT - MUTUAL INSURANCE PLAN

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, the Budget and Capital Committee estimates that the sum of $2,000 will be required during the year 2004 for the payment of compensation in old and pending cases on behalf of the County and participating municipalities under the Mutual Self-Insurance Plan and for the expenses of administering same, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That there be raised from the County and participating municipalities in 2004 the total sum of $2,000 the same to be apportioned to the County and the several participating municipalities in the proportion that their equalized valuation bears to the aggregate valuation of the County and all participating municipal corporations as follows:

Municipality Assessed Full Value Apportionment
Caroline 112,864,763 $     27.14
Danby  144,289,709 $     34.69
Dryden 490,915,429 $   118.04
Enfield 103,825,223 $     24.96
Groton 108,878,164 $     26.18
Ithaca (Town) 566,449,666 $   136.20
Lansing 881,159,968 $   211.87
Newfield 160,635,614 $     38.62
Ulysses 193,558,737 $     62.22
Ithaca (City)  919,578,911 $   221.10
Dryden (Village)   68,882,594 $     16.56
Freeville (Village)   14,817,117 $       3.56
Groton (Village)   55,877,790 $     13.44
Cayuga Heights (Village) 272,094,342 $     65.42
County of Tompkins                             4,159,058,557 $1,000.00
Total                                                      7,782,209,182 $2,000.00
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RESOLUTION NO. 231 - APPROVING COMPLETED TAX ROLLS AND DIRECTING THE EXECUTING AND DELIVERY OF WARRANTS

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda.

 WHEREAS, it is necessary annually to provide that upon the tax rolls of the several towns and City, the several taxes will be extended, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the tax rolls be approved as completed and that there shall be extended and carried out upon the roll the amount to be levied against each parcel of real property shown thereon,
 RESOLVED, further, That there be annexed to each of said rolls a tax warrant prepared by the Director of Assessment as provided for in Section 4.00(b) of the Tompkins County Charter, that such warrants shall be the respective amounts theretofore authorized to be levied upon each of said rolls, that the several warrants be signed by the Chair and the Clerk of the Legislature under seal of the Legislature and by the Director of Assessment, that said rolls with said warrants annexed are to be forthwith delivered to the respective collectors of the several districts of the County.
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RESOLUTION NO. 232 - PRINTING OF TAX RATES

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, it is necessary annually to authorize the Clerk to print tax rates in the proceedings, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That after the tax rates are ascertained for the various towns and the City of Ithaca, the Clerk shall print such rates in the 2003 Proceedings of the Legislature following budgets of the several towns and City.
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RESOLUTION NO. 233  -  AUTHORIZATION FOR DIRECTOR OF FINANCE TO MAKE YEAR-END TRANSFERS, APPROPRIATIONS AND BUDGET ADJUSTMENTS AS REQUIRED
 
 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, it is necessary annually to authorize the Finance Director to make year-end transfers, appropriations, and budget adjustments, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That during 2004 the County Finance Director be and he hereby is authorized and directed to make year-end transfers, appropriations, and budget adjustments required to clear credit balances from the books at year-end,
 RESOLVED, further, That any such additional entries made by the County Finance Director shall be reported back to the Tompkins County Legislature.
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RESOLUTION NO. 234 -  AUTHORIZATION TO SIGN DRAFTS - COUNTY ADMINISTRATOR

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.
 WHEREAS, it is necessary annually to authorize the County Administrator to sign drafts, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That during 2004 the County Administrator be and he hereby is authorized to sign all drafts of the County of Tompkins and to delegate this authority to the Deputy County Administrator.
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RESOLUTION NO. 235 - AUTHORIZATION TO EXECUTE MULTI-YEAR AGREEMENT - FREED MAXICK & BATTAGLIA, PC - HEALTH DEPARTMENT

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHERAS, the Tompkins County Health Department is required to file a Medicare and Medicaid Cost Report for the Certified Home Health Agency (Tompkins County Home Health Care), and
 WHEREAS, Freed Maxick & Battaglia, PC, of Buffalo, New York, has provided a proposal that meets the department needs, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That the Department is authorized to enter into a three-year agreement for cost reporting years 2003, 2004, and 2005, for an annual fee of $16,700 for 2003, $17,000 for 2004, and $17,500 for 2005, with Freed Maxick & Battaglia, PC,
 RESOLVED, further, That funds are budgeted for this contract.
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RESOLUTION NO. 236 - ADOPTION OF TOMPKINS COUNTY FIRE AND EMERGENCY MEDICAL SERVICES (EMS) MUTUAL AID PLAN

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, mutual aid is the organized, supervised, coordinated, cooperative, reciprocal provision of assistance in which personnel, equipment, and physical facilities of emergency services, regardless of type or size, are utilized for fire or other public emergency in which the services of emergency personnel are required throughout the State of New York and contiguous areas, and
 WHEREAS, County Law Section 225-a establishes the procedures by which a County Government shall develop a Mutual Aid Plan (Plan), and General Municipal Law Section 209 and Public Health Law Article 30 further delineates the composition of such Mutual Aid Plan(s), and
 WHEREAS, Tompkins County first adopted a Mutual Aid Plan on September 12, 1955, periodically updating the Plan thereafter, and most recently in 1993, and
 WHEREAS, the Fire, Disaster and Emergency Medical Services (EMS) Advisory Board has this year thoroughly reviewed, updated, and recommended a revised Tompkins County Fire and EMS Mutual Aid Plan to the County Legislature, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That the Legislature hereby adopts the Fire and EMS Mutual Aid Plan dated October 2003, and directs the Director of the Department of Emergency Response to submit this Plan for admission into the New York State Fire Mobilization and Mutual Aid Plan, and into such comparable New York State EMS Mobilization Plan.
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RESOLUTION NO. 237 - AUTHORIZATION TO ACCEPT A GRANT FROM  THE STATE OF NEW YORK GOVERNOR'S TRAFFIC SAFETY COMMITTEE FOR THE "BUCKLE UP NEW YORK" CAMPAIGN

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, the Tompkins County Sheriff's Office applied for grant monies from the New York State Governor's Traffic Safety Committee in the amount of $6,000 for participation in the statewide "BUCKLE UP NEW YORK" campaign for October 1, 2003 - September 30, 2004, and
 WHEREAS, the Tompkins County Sheriff's Office has been awarded a grant from the State of New York Governor's Traffic Safety Committee in the amount of $6,000 for participating in the statewide "BUCKLE UP NEW YORK" campaign, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That the County accept the grant of $6,000 to be used for the purpose of the aforementioned campaign,
 RESOVLED, further, That the Director of Finance is directed to make the following adjustment to his books for 2004:
 BUDGET ADJUSTMENT:
 Revenue  A3113.42770  Other Miscellaneous Revenues $6,000
 Appropriation  A3113.51000419 Regular Pay   $6,000
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RESOLUTION NO. 238 – APPOINTMENT OF PRIVACY OFFICIAL AND SECURITY OFFICIAL - HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHERAS, the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) mandates regulations that govern standards for health care information in three major areas – electronic transactions, security, and privacy, and
 WHEREAS, the Federal privacy regulations have been finalized and required compliance no later than April 14, 2003, and
 WHEREAS, the Federal security regulations have been finalized and require compliance no later than April 20, 2005, and
WHEREAS, in order to comply with the regulations the County must “designate a privacy official who is responsible for the development and implementation of the policies and procedures” [45 CFR 164.530 (a)(l)(i)], and
WHEREAS, in order to comply with the security regulations the County must designate a Security Official who is “responsible for the development and implementation of the policies and procedures” [45 CFR Parts 160, 162 and 164], now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Public Health Administrator, be appointed as the Privacy Official for Tompkins County,
 RESOLVED, further, That the Director of Information Technology Services, be appointed as the Security Official for Tompkins County,
 RESOLVED, further, That the Departments of Mental Health, Public Health and Social Services will appoint Privacy Coordinators to assist these officials in the day-to-day management of the privacy regulations in their respective departments.
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RESOLUTION NO. 239 – DESIGNATION OF HYBRID ORGANIZATION - HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

 MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.
 WHEREAS, the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations describe a hybrid entity as a single legal entity, whose business activities include both covered and non-covered functions, and
WHEREAS, the County must designate and document the health care components of the covered entity, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That Tompkins County Government has determined that it is a hybrid entity, and therefore designates covered health care components as follows:
 
 Mental Health Department
 Public Health Department
 Certified Home Health Agency
 MOMS Program
 Maternal Child Unit
 Social Services
 County Attorney
 Information Technology
 Finance – Comptroller
 Risk Management
 RESOLVED, further, That all other government functions shall be considered as not covered components except that County Administration, Facilities, and various Public Health programs shall receive general training for staff as there may be occurrences of job functions that involve the protected health information (PHI),
 RESOLVED, further, That the offices of County Attorney, Information Technology, Finance – Comptroller and County Administration – Risk Management are designated with the covered components only to the extent that they provide services that would make them function as a “business associate” (as defined under HIPAA) if they were freestanding entities and to the extent that they require protected health information (PHI) to perform the business associate type functions for the hybrid entity,
 RESOLVED, further, That the Privacy Official shall continue to monitor all functions and recommend changes to the Legislature to meet HIPAA regulations.
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Approval of Appointment(s) Under the Consent Agenda

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

Community Mental Health Services Board
John Bezirganian - physician member representative; term expires December 31, 2007

Mental Health Subcommittee
Lizabeth A. Norton - Community Member representative; term expires December 31, 2004
Nancy Suci - Community Member representative; term expires December 31, 2007

Personal Emergency Response Service Advisory Board
Joan Murphy - Visiting Nurses Service representative; term expires December 31, 2005

Ethics Advisory Board
Joseph M. Calvo; term expires December 31, 2007
Thomas Niederkorn; term expires December 31, 2007

Criminal Justice Advisory/Alternatives to Incarceration Board
Peter Meskill - Sheriff; term expires December 31, 2006
M. John Sherman  - County Court Judge; term expires December 31, 2006
Patricia Buechel - Probation Director (Designee) representative; term expires December 31, 2006
George Dentes - District Attorney; term expires December 31, 2006

Traffic Safety Board
Peter Meskill - Sheriff; term expires December 31, 2006

Environmental Management Council
Stephen Nicholson - Town of Caroline representative; term expires December 31, 2005
 
Report and Presentation of Resolution(s) from the Budget and Capital Committee

 Mr. Penniman, Chairman, reported the Committee met and discussed the issue of County reimbursement to the towns for countywide services.   He said the information at the time of the meeting was that the towns of Ithaca and Dryden had voted to continue payment to those agencies; the remaining issue was whether or not the County would reimburse the towns for that money and a motion failed at the Committee to do that.  He said that issue may arise later during this meeting.  Mr. Penniman said the other issue that was discussed was how to define mandated programs and how the information should be depicted on the tax bill.  The County Administrator recommended that the definition of mandates be clarified, and he said this will be worked on in the coming months.  The Committee decided that the appropriate thing to do for 2004 would be to leave this information off the tax bills.  Ms. Kiefer suggested that the new information box on the tax bill still show the total levy and charges in assessed value and in tax rate that noted the change in levy.

RESOLUTION NO. 240 - DELEGATING TO THE FINANCE DIRECTOR OF THE COUNTY OF TOMPKINS, NEW YORK, THE POWER TO AUTHORIZE THE ISSUANCE OF AND TO SELL $8,000,000 REVENUE ANTICIPATION NOTES OF SAID COUNTY IN ANTICIPATION OF RECEIPT OF STATE AID DURING THE FISCAL YEAR OF SAID COUNTY COMMENCING JANUARY 1, 2004

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

 WHEREAS, it is prudent to allow for the possible issuance of revenue anticipation notes should there be a cash flow problem resulting from delays in State Aid during 2004, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, by the Legislature of the County of Tompkins, New York as follows:
 Section 1.  The power to authorize the issuance and to sell up to $8,000,000 revenue anticipation notes of the County of Tompkins, New York, including renewals thereof, in anticipation of the receipt of State Aid due said County during the fiscal year of said County commencing January 1, 2004, is hereby delegated to the Finance Director, the chief fiscal officer of such County.  Such notes shall be of such terms, for and contents, and shall be sold in such manner as may be determined by the Finance Director, consistent with the provisions of the Local Finance Law.

 Section 2.  This resolution shall take effect immediately.
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RESOLUTION NO. 241 - ESTABLISHING AN APPROVAL PROCEDURE FOR FILLING VACANT POSITIONS

 MOVED by Mr. Penniman, seconded by Mr. Booth.  Ms. Kiefer asked why this resolution did not go through a program Committee.  Mr. Penniman stated he did not present it to Committee because he saw it as part of the process of adopting the overall County Budget and relevant to the other amendments and resolutions coming before the Legislature this evening.   Concern was expressed over language contained in the resolution that would allow positions to be filled by a poll of the committee via email or telephone.   In response to the concerns raised, Mr. Wood, County Attorney, ruled that such a process would violate the Open Meetings Law and recommended that business not be conducted by email or telephone poll.  Mr. Whicher said the purpose of the resolution containing such language was to avoid unnecessary delays in obtaining committee approval.

 Mr. Penniman explained his intentions in proposing this type of resolution and said the Legislature is faced with adopting a large tax increase for 2004 and will be looking at another difficult budget in the following year.  He stated one of the obstacles the County is facing is the high cost of layoffs and if it appears the County will have to reduce staff in the coming year the Legislature may have to leave some positions vacant to minimize those costs.   The Mover and Seconder of the resolution agreed to amend the resolution by eliminating the language allowing the Committee to take action by  email or telephone.

 Mr. Joseph said a couple of years ago the Fiscal Management Committee was created and given this responsibility.  He stated that Committee approved all position requests presented and that each request that was brought forward was essential to County government.  Mr. Joseph said he did not find the process useful and will not support this resolution.

 Mr. Todd stated he will reluctantly support this resolution; he expressed his concern over situations in which positions left unfilled will create rollover monies in a department.

A voice vote resulted as follows:  Ayes – 10, Noes – 4 (Joseph, Kiefer, Schuler, and Totman); Excused – 1 (Blanchard).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Government has a need to efficiently reduce staffing in order to meet severe fiscal constraints, and
 WHEREAS, staff reductions by attrition are preferable to layoffs, due to the negative impact of layoffs on employee morale, as well as the ongoing cost of unemployment insurance and health benefits, and
 WHEREAS, leaving positions vacant when they may be subject to elimination could help to avoid a future layoff, now therefore be it
 RESOLVED, That the filling of all vacant County positions must be approved by both the appropriate program committee and the Budget and Capital Committee of the County Legislature,
 RESOLVED, further, That in order to prevent unnecessary delays, the program committee chair may call a special meeting to expedite the procedure,
 RESOLVED, further, That this procedure shall take effect January 15, 2004 and remain in effect until the end of 2004,
 RESOLVED, further, That the Commissioner of Personnel shall provide a monthly staffing report to the Legislature.
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RESOLUTION NO. 242 – ADOPTION OF 2004-2008 TOMPKINS COUNTY CAPITAL PROGRAM

 MOVED by Mr. Penniman, seconded by Mr. Proto.

 The following amendment was MOVED by Mr. Lane, seconded by Ms. Robertson:

2004 Budget Amendment No. 7 – CAPITAL PROGRAM – Public Safety Building Phase I

 Ms. Kiefer said she opposes this because it will make next year’s budget process more difficult.  Mr. Booth said although he appreciates what Mr. Lane’s intentions are, he will not support this.  He believes next year the County will need to address the backlog in highway maintenance.  Mr. Koplinka-Loehr said he will support this resolution because the philosophical discussion of whether to pay now or pay later has already been started and many things may happen between now and next year.   He said this is the beginning of several motions being offered in order for the Legislature to adopt a budget.  He said this may be one item that can be part of a package that everyone can support this evening.  Mrs. McBean-Clairborne said she sees this as a measure to help relieve the property tax burden for 2004 and is willing to support it even though it postpones payment.

A voice vote resulted as follows:  Ayes – 7 (Legislators Herrera, Joseph, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, and Robertson); Noes – 7 (Legislators Booth, Kiefer, Proto, Schuler, Todd, Totman, and Winch); Excused – 1 (Legislator Blanchard).  MOTION FAILED.

WHEREAS, Page 37 calls for an appropriation of $254,120 in 2004 for the Public Safety Building Renovation Phase I project, and
WHEREAS, up-front costs will be paid in full with a principal payment for 2004 in the amount of $4,120, now therefore be it
RESOLVED, That the 2004 appropriation for said project be reduced by $250,000, and
RESOLVED, further, That the proposed tax levy for 2004 be decreased by $250,000 resulting in a decrease in the proposed property tax rate of $ .06 per thousand, a .93 percent decrease in the proposed property tax rate increase from 19.65% to 18.72%.

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 It was MOVED by Mr. Lane, seconded by Ms. Schuler, to Table action on the Capital Program until the 2004 Tompkins County Budget is adopted.  A voice vote resulted as follows:  Ayes – 10, Noes – 4 (Kiefer, Proto, Totman, and Winch); Excused – 1 (Legislator Blanchard).  MOTION CARRIED.

RESOLUTION NO. 243 - ADOPTION OF 2004 TOMPKINS COUNTY BUDGET

 MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne.

 It was MOVED by Mr. Totman, seconded by Mr. Todd, to restore 50 percent of the funding for the District Attorney’s Office ($47,047) and funding for one Deputy Sheriff ($80,000) for a total budget increase of $127,047.   A voice vote resulted as follows:  Ayes – 4 (Proto, Todd, Totman, and Winch); Noes – 10; Excused – 1 (Legislator Blanchard).  MOTION FAILED.

____________

 It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following amendment to the 2004 Tompkins County Budget.

2004 Budget Amendment No. 2 – Elimination of OTR #196 – Library Repairs - Facilities

WHEREAS, the Facilities and Infrastructure Committee has recommended that funds be appropriated in 2003 for repairs to the Tompkins County Public Library entryway, and
WHEREAS, a resolution has been put forth to appropriate these funds making the Over-Target Request for 2004 unnecessary, now therefore be it
RESOLVED, That OTR #196 for $2,000 in one-time funding be eliminated, and
RESOLVED, further, That this amendment results in a $2,000 reduction in the amount of one-time funding covered by the tax levy and neither increases nor decreases the 2004 property tax levy or tax rate increase.

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Motion to Table Capital Program

It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to table Resolution No. 243 until after consideration of Resolution No. 244.

RESOLUTION NO. 244 - APPROPRIATION FROM CONTINGENT FUND FOR BUILDING REPAIRS TO THE TOMPKINS COUNTY PUBLIC LIBRARY - FACILITIES

 MOVED by Mr. Booth, seconded by Mr. Proto.  A short roll call vote resulted as follows:  Ayes – 14, Noes – 0, Excused – 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

 WHEREAS, temporary modifications to the entryway of the Tompkins County Public Library are necessary to minimize cold drafts during the winter season and for heating efficiencies, and
 WHEREAS, the Facilities Division of Public Works will perform these temporary measures, estimated at $3,000, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriation:

 FROM:  A1990.54400 Contingent Fund   $ 3,000
 TO:  A1620.54470 Building Repairs   $ 3,000
SEQR ACTION:  TYPE II-20

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It was MOVED by Ms. Robertson, seconded by Ms. Schuler, to approve the following amendment to the 2004 Tompkins County Budget:

2004 Budget Amendment No. 4 – Decrease in Mandated Funding for Jail Board-Outs

 Ms. Robertson said in recent past years the County has budgeted $25,000; at this point in 2003, total expenses have been $11,732.  She said $150,000 was budgeted based on the assumption the County would lose its variances in December; however, an extension has been granted to March 24 because of the Jail expansion project.   She hopes the County will be granted another extension of the variances at that time.  She also said Jail boardout expenses is a mandated expense and would then be paid by the Contingent Fund.  Mr. Proto expressed concern that if the Jail expansion project contained in the Capital Program does not pass this Legislature, that this money would need to be budgeted.  Ms. Robertson said she believes there is consensus to move forward with the Jail project and thinks this is worth taking that gamble.

 Mr. Booth said he asked the County Administrator what the cost to the County would be if the variances were taken away.  Mr. Whicher estimated that if the County were to lose the variances in March the cost would be approximately $165,000 for nine months.  Mr. Whicher said the Sheriff noted to him that calculation did not include any additional overtime or transportation or a high enough management factor.  The Sheriff estimated this cost would be $300,000.

 Mr. Penniman expressed concern that this Legislature should not be overly optimistic about the 2004 budget which could result in depletion of the Contingent Fund.

 Mr. Joseph said he will support this amendment because he feels it is reasonable to believe the County will be able to keep the variances and will not need more than the proposed amount.  He said for some members of this Legislature, support on this amendment may contribute to the adoption of entire County Budget.

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

WHEREAS, the Tompkins County Sheriff’s Department is mandated to board prisoners, and
WHEREAS, upon exceeding capacity at the Tompkins County facility or when the type of housing available does not comply with the NYS Division of Corrections guidelines for prisoner classification and housing requirements, prisoners must be boarded at an approved facility outside Tompkins County, and
 WHEREAS, the 2004 proposed budget includes $150,000 in potential costs, and
WHEREAS, costs have not exceeded this amount since 1998 under the direction of the prior administration, and
WHEREAS, it is believed that the estimate for 2004 is much higher than will be necessary, now therefore be it
RESOLVED, That Pages 9 (“Expenses-Mandated Services”) and 10 in the 2004 proposed budget be reduced by $100,000 related to prisoner boarding, and
RESOLVED, further, That this amendment would produce a decrease in the proposed property tax rate of $ .02 per thousand, a .38 percent decrease in the proposed property tax rate increase from 19.65% to 19.27%.

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 It was MOVED by Mr. Lane, seconded by Mr. Koplinka-Loehr, to approve the following amendment to the 2004 Tompkins County Budget:

2004 Budget Amendment No. 8 – Repay Municipalities for County-wide Services
.
 Mr. Lane said this reimbursement to municipalities has always been part of the understanding with respect to the sales tax agreement between Tompkins County and City of Ithaca.   He said he has learned that this amount is not self-administrating, which he had previously thought.   He stated at the time this agreement originated there was an understanding between the City and the towns that they would be reimbursed for Countywide services they were contributing towards.  Mr. Lane feels even though there are questions about the reimbursement, the County should continue to keep the faith of that agreement.
 
 Mrs. Smithers, Deputy County Administrator, said she contacted Cathy Valentino, Town of Ithaca Supervisor, who said if the County wanted to withdraw its reimbursement to the Town of Ithaca, the Town would accept that and continue on as they are now.  She said that turned out to be not what Ms. Valentino had meant as the Town then told agencies they were paying money to, that because the County was no longer going to reimburse municipalities that their funding stream would be eliminated.  Mrs. Smithers said it is important to note that the amount of money being paid to agencies by municipalities is very much different from the amount the County is reimbursing.    Since that time, the Town of Ithaca has said to the agencies that they would continue the payment as they did prior to when the reimbursement took effect in 1993.  Mrs. Smithers said the County has recently learned that there are two of the four municipalities currently being reimbursed for services that are not Countywide.   The Town of Dryden has agreed to continue to make payments to the Senior Citizens Council, Gadabout, and the Learning Web; and an issue of reimbursement to the Town of Newfield for payments to the Senior Citizens Council still needs to be resolved.

 Mrs. McBean-Clairborne said this is an area in addition to the sales tax agreement that needs work prior to the 2005 budget.  Ms. Herrera said she can support this on a one-time basis in the hope that it gets resolved in the coming year.

 Mr. Proto said he cannot support this because not every municipality has been taking advantage of this reimbursement procedure.   He suggested leaving the budget as it stands and examining this item during the coming year.

 Mr. Joseph said this was not part of the sales tax agreement as that agreement was between the City and the County, and this reimbursement process was thrown in as goodwill.  He said this is not worth the time and effort it requires and the tremendous amount of confusion surrounding it is cause for it to be eliminated.
 Mr. Lane said this was part of an agreement that was made several years ago and he agrees the sales tax agreement should be reviewed.  He believes to renege at this time would be wrong.

 Ms. Kiefer said she cannot support putting this in the budget as a target expense and is reluctant to support it as a one-time item.  She believes this is separate from the sales tax agreement and the County should let it go at this time.

 Ms. Robertson said she doesn't agree with the accusation from the Town of Dryden Board that this is like the State pushing expenses down to the lower level of government.   Although it may feel that way, this was a gift to municipalities in response to towns already supporting countywide services.  She stated the County already supports these agencies directly.

 Following a lengthy discussion on this amendment, Mr. Todd called the question.

 Mr. Joseph apologized for this issue not being discussed during the Expanded Budget Committee meeting.   He said he knew about it but forgot to bring it up.

 A voice vote resulted as follows:  Ayes - 5 (Legislators Herrera, Lane, McBean-Clairborne, Totman, and Winch); Noes - 9; Excused - 1 (Legislator Blanchard).  MOTION FAILED.

 WHEREAS, Page 23 calls for a reduction of $36,913 in 2004 to repay municipalities for County-wide Services, now therefore be it
 RESOLVED, That funding to repay municipalities for County-wide Services be reinstated in the amount of $36,913, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $36,913 resulting in an increase in the proposed property tax rate of $ .01 per thousand, a .13 percent increase in the proposed property tax rate increase from 19.65% to 19.78% for "one-time".

_____________

 Mr. Todd said in the 1930's, the towns relinquished the welfare function to the County.  In the late 1960's the County took over the assessing function from the towns.  In the late 1980's the towns turned solid waste responsibilities over to the County.  He said these are three major public services that the County had assumed that were in the towns' hands in earlier years.  Mr. Todd said he thinks there are  some responsibilities that should go in the other direction.  He believes planning and youth service functions should be done at the town level, human rights should be at the State level, and the alternative to incarceration programs belong in the Department of Probation and Community Justice.

 Ms. Robertson thanked Mr. Todd for his comments and agreed that it will be important during 2004 to spend time discussing what level of County government should do what.
 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, to approve the following amendment to the 2004 Tompkins County Budget:

2004 Budget Amendment No. 1 – Target In Lieu of Rollover (TILOR)

 Ms. Kiefer stated she opposes this because she believes it will make the 2005 budget more difficult.  Ms. Robertson said she cannot support this because it will not save money and will place additional stress on employees.  She stated employees already know the risk for items currently being supported by rollover funds.  Ms. Herrera said although she is usually reluctant to support this kind of resolution, she believes the Legislature has to become more stringent in its budgeting practices.

 A voice vote resulted as follows:  Ayes - 7 (Legislators Booth, Herrera, Lane, McBean-Clairborne, Proto, Todd, and Winch); Noes - 7 (Legislators Joseph, Kiefer, Koplinka-Loehr Penniman, Robertson, Schuler, and Totman); Excused - 1 (Legislator Blanchard).  MOTION FAILED.

WHEREAS, departments and agencies have requested Over-Target Requests for target funding offset by non-recurring rollover funds, and
WHEREAS, the $966,365 in TILORs represent a deferred tax rate increase of approximately 3.6 percent, now therefore be it
 RESOLVED, That target funding requests offset by rollover be changed from target to one-time funding, and
RESOLVED, further, That this action increases one-time spending by $966,365 and reduces target spending by $966,365, and
RESOLVED, further, That the outcome produces $118,978 in one-time spending that must be covered by the tax levy, and
RESOLVED, further, That this amendment neither increases nor decreases the 2004 property tax levy or tax rate increase.

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2004 Budget Amendment - Domestic Violence Prevention

 It was MOVED by Mr. Booth, seconded by Mr. Lane, to eliminate funding in the 2004 Tompkins County budget in the amount of $32,806, and reduce the property tax rate accordingly. Ms. Herrera expressed concern with continuity during the transition to the Integrated Domestic Violence Court and asked what recourse would be available if the new position with the court is not established in time.  Mr. Whicher said he believes this motion is acceptable and if a problem arises he will come back to the Legislature.   A voice vote resulted as follows:  Ayes - 12, Noes - 2 (Legislators Koplinka-Loehr and Winch); Excused - 1 (Legislator Blanchard).  MOTION CARRIED.

_____________

 It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson, to approve the following amendment to the 2004 Tompkins County Budget:

2004 Budget Amendment No. 3 – Fund Balance Appropriation

 Mrs. McBean-Clairborne said the Fund Balance was established to help the County in bad times and she believes that time exists now.  Mr. Squires expressed concern with the County declining the Fund Balance and the exposure it produces for the County.   He said the County has been on a downward track of maintaining its Fund Balance and said he does not support this action. Mr. Joseph said he had a similar reaction to Mr. Squires' at first; however, he believes part of the reason the Fund Balance exists is to provide a "cushion" in hard times.   Other members of the Legislature echoed comments relative to concern for the declining Fund Balance, while others felt this action is necessary to reduce the property tax rate.

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

 WHEREAS, the Fiscal Policy provides a baseline for minimum fund balances, and
 WHEREAS, the General Fund is required by this policy to maintain a fund balance equal to five percent of the General Fund revenues, and
 WHEREAS, the appropriate fund balance reserve has been determined to be $5,000,000, and
 WHEREAS, a fund balance reserve of $4,500,000 representing four and one-half percent of General Fund revenues is proposed for the 2004 Budget, now therefore be it
 RESOLVED, That available surplus funds be increased by $500,000, and
 RESOLVED, further, That this motion is not an amendment to the current Fiscal Policy, and
 RESOLVED, further, That Page 9 “Revenue-General Fund” be increased by $500,000 resulting in a decrease in the proposed property tax levy, a reduction in the tax rate of $ .12 per thousand, and a 1.87 percent decrease in the proposed property tax rate increase from 19.65% to 17.78%.

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Recess

 Mr. Joseph declared recess from 8:05 p.m. to 8:27 p.m.

 It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne, to approve the following amendment to the 2004 Tompkins County Budget:

2004 Budget Amendment No. 5 – Partial Funding for Municipal Youth Services – OTR #91

 Mr. Lane said he could support this amendment if it were one-time.  Mr. Koplinka-Loehr agreed to include that language in the amendment.  Mr. Penniman said he can support this because of the work Ms. Zahler has done to reduce the cost of staffing in the Youth Services Department while maintaining almost the same level of service.

 Ms. Robertson stated the Town of Dryden Board has expressed the importance of youth programs to them.  She said this program is in-line to receive a national award and feels it would be unwise to cut this program.  She stated the Department has already suffered from cuts in State aid and urged members of the Legislature to support this program which serves at-risk youth.  A voice vote on the amendment resulted as follows:  Ayes - 11, Noes - 3 (Legislators Booth, Todd, and Winch); Excused - 1 (Legislator Blanchard). MOTION CARRIED.
 
 WHEREAS, Page 29, Line 91, calls for a reduction of $50,000 in permanent funding for the Tompkins County Youth Bureau, and
 WHEREAS, personnel within Cooperative Extension can provide the necessary staff support for a lesser amount, requiring partial restoration of this proposed funding reduction, now therefore be it
 RESOLVED, That OTR No. 91 be amended to reduce funding by $19,821 rather than $50,000, and
 RESOLVED, further, That Planning and Coordination efforts be unaffected by this change, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $30,179 resulting in an increase in the proposed property tax rate of $ .007 per thousand, a .11 percent increase in the proposed property tax rate increase from 19.65% to 19.76%.

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 It was MOVED by Ms. Kiefer, seconded by Ms. Herrera, to approve the following amendment to the 2004 Tompkins County Budget.

2004 Budget Amendment No. 6 - Mortgage Tax Revenues

 Ms. Kiefer stated this amendment package is predicated on booking revenues from a new mortgage tax which will restore a variety of cuts which go too far towards what Tompkins County needs. Ms. Kiefer said she spent time looking into the mortgage tax which the County is authorized to collect.  At present, there is a 3/4 percent mortgage tax in place in Tompkins County of which 1/4% goes to the State and 1/2% is distributed among the towns on the basis of what the amount of mortgages are in the six month activity reporting period.  She said she received estimates from the County Administrator and Finance Director of what a full-year's revenue would be and produced an estimate of $425,000 for six months based on the average of those figures.

 Mr. Penniman said Ms. Kiefer has highlighted a number of the difficult decisions this Legislature has made during this budget process.  However, he said if the Legislature were to adopt a mortgage tax he would prefer to use those funds to reduce the proposed property tax increase.

 It was MOVED by Mr. Penniman, seconded by Mr. Totman, to amend the motion by using the mortgage tax to reduce the property tax rate.

 During discussion of this amendment, concern was expressed over the creation of one tax to replace another.  Ms. Robertson felt this was an acceptable compromise because mortgage tax in not an annual tax, as the property tax is.  Mr. Winch expressed concern for individuals trying to purchase a first home and said this places another obstacle before them.   Following the discussion, Ms. Kiefer withdrew her original motion.

To book revenues from a new .25 percent mortgage recording tax (collection effective July 1, 2004) to be used primarily for mass transportation purposes including the County’s share of the Tompkins Consolidated Area Transit (TCAT) thereby freeing funds for the restoration of various programs and services as follows:

Amendment No. 6a – Mortgage Tax Revenues
 WHEREAS, Tompkins County is authorized to collect .25 percent mortgage tax via NYS amendment to Article 11, Section 250-253, Tax Law, and
 WHEREAS, based on the last six years of data, estimated annual revenues of between $750,000 and $1,000,000 for 2004 could be anticipated, now therefore be it
 RESOLVED, That the revenues related to mass transportation for 2004 be increased by $425,000 representing six months of anticipated .25 percent mortgage recording tax revenues, and
 RESOLVED, further, That Amendments 6b through 6p, totaling $425,000 be offered as follows:
Amendment No. 6b - Funding Restoration for Dewitt Historical – Line #1
 WHEREAS, Page 27, Line 1, calls for a reduction of $7,173 in permanent funding to Dewitt Historical Society, and
 WHEREAS, County funding is critical during 2004 as the Historical Society is in the process of reorganizing and seeking new funding streams, now therefore be it
 RESOLVED, That the reduction shown on Line 1 be eliminated and that 2004 funding not be reduced by $7,173, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $7,173 resulting in an increase in the proposed property tax rate of $ .002 per thousand, a .02 percent increase in the proposed property tax rate increase from 19.65% to 19.67%, and
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6c – Funding Restoration – Rural Libraries
 WHEREAS, Page 27, Lines 3 through 6 reflect a permanent decrease in funding for the Newfield, Ulysses, Dryden, and Groton libraries of $10,000, and
 WHEREAS, this decrease interferes with the basic funding of these libraries, now therefore be it
 RESOLVED, That the permanent reductions shown on lines 3 through 6 be eliminated, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $10,000 resulting in an increase in the proposed property tax rate of $ .002 per thousand, a .03 percent increase in the proposed property tax rate increase from 19.65% to 19.68%, and
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6d – Increase in Funding - TCPL - OTR #8
 WHEREAS, Page 27, OTR #8, reflects a permanent increase in funding for the Tompkins County Public Library of $80,000, and
 WHEREAS, this funding level may interfere with the hours of operation of the Library and a reduction in funding critically impacts a core service valued by a wide spectrum of the County’s residents, now therefore be it
 RESOLVED, That OTR #8 be permanently increased by $85,000, making the total Over-Target Request $165,000, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $85,000 resulting in an increase in the proposed property tax rate of $ .02 per thousand, a .31 percent increase in the proposed property tax rate increase from 19.65% to 19.96%, and
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6e – Restore Line 9 – Tompkins Community Action
 WHEREAS, Page 27, Line 9, reflects a permanent decrease in funding for Tompkins Community Action of $17,305, and
 WHEREAS, this reduction will interfere with the operation of TCA which provides various services to low-income consumers, now therefore be it
 RESOLVED, That the reduction offered on Line 9 be eliminated, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $17,305 resulting in an increase in the proposed property tax rate of $ .004 per thousand, a .06 percent increase in the proposed property tax rate increase from 19.65% to 19.71%, and
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6f – Restore OTR #11 – Cooperative Extension
 WHEREAS, Page 27, OTR #11, was recommended by the Consumer & Community Affairs Committee for a $38,000 permanent increase, and
 WHEREAS, this reduction will interfere with existing Cooperative Extension programs in environmental education and youth services, now therefore be it
 RESOLVED, That OTR #11 be restored to $38,000 as a permanent increase in funding, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $38,000 resulting in an increase in the proposed property tax rate of $ .01 per thousand, a .14 percent increase in the proposed property tax rate increase from 19.65% to 19.79%, and
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6g – Restore Line 110 – Sr. Citizens Council
 WHEREAS, Page 30, Line 110 includes a $5,000 permanent reduction in funding to the Senior Citizens Council, and
 WHEREAS, this reduction will have a strong impact on services much valued by seniors in the community, now therefore be it
 RESOLVED, That Line 110 be restored, eliminating the $5,000 permanent reduction, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $5,000 resulting in an increase in the proposed property tax rate of $ .001 per thousand, a .02 percent increase in the proposed property tax rate increase from 19.65% to 19.67%, and
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6h – Restore Line 119 – Human Services Coalition
 WHEREAS, Page 30, Line 119 includes a $6,666 permanent reduction in funding to the Human Services Coalition, and
 WHEREAS, this reduction was offered to forestall a potentially larger cut that would interfere with the basic functioning of this valuable organization, now therefore be it
 RESOLVED, That OTR Line 119 be restored, eliminating the $6,666 permanent reduction, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $6,666 resulting in an increase in the proposed property tax rate of $ .002 per thousand, a .02 percent increase in the proposed property tax rate increase from 19.65% to 19.67%,
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6i – Restore OTR #122 – District Attorney
 WHEREAS, Page 30, OTR #122 includes a $47,047 permanent reduction in funding for a .5 FTE Assistant District Attorney, and
 WHEREAS, restoration of funding is necessary to maintain staffing and to enable the District Attorney’s full and supportive participation in the County’s drug courts, now therefore be it
 RESOLVED, That OTR #122 be permanently restored to $130,626, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $47,047 resulting in an increase in the proposed property tax rate of $ .011 per thousand, a .17 percent increase in the proposed property tax rate increase from 19.65% to 19.82%,
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6j – Restore OTR #153 – Probation Day Reporting
 WHEREAS, Page 31, OTR #153 was recommended by the Public Safety Committee to include the local share cost of a half-time security officer, and
 WHEREAS, this OTR was eliminated during Budget Committee reviews, and
 WHEREAS, in anticipation of the early release of State prisoners on parole and the strong probability for increased activity in the Day Reporting Center, now therefore be it
 RESOLVED, That OTR #153 be permanently restored to $24,633 in Appropriations, $4,189 in State Aid, and Local Share of $20,444, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $20,444 resulting in an increase in the proposed property tax rate of $ .005 per thousand, a .07 percent increase in the proposed property tax rate increase from 19.65% to 19.72%,
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6k – Restore OTR #159 – OAR Core Services
 WHEREAS, Page 31, OTR #159 was requested in the amount of $4,722 for routine expenses associated with the Offender Aid program, and
 WHEREAS, this agency relies on each and every dollar to continue services and will be adversely affected by the loss of funding for basic supplies, now therefore be it
 RESOLVED, That OTR #159 be permanently restored, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $4,722 resulting in an increase in the proposed property tax rate of $ .001 per thousand, a .01 percent increase in the proposed property tax rate increase from 19.65% to 19.66%,
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6l – Restore OTR #180 – Ithaca Downtown Partnership
 WHEREAS, Page 32, OTR #180 included $8,000 for support of the Ithaca Downtown Partnership, and
 WHEREAS, the County is a major property owner in the district and should be contributing its fair share as it has done since the inception of this initiative, now therefore be it
 RESOLVED, That OTR #180 be permanently restored, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $8,000 resulting in an increase in the proposed property tax rate of $ .002 per thousand, a .03 percent increase in the proposed property tax rate increase from 19.65% to 19.68%,
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6m – OTR #180 – Comm. Center Revitalization (CCRP)
 WHEREAS, Page 32, OTR #180 included $30,000 for support of the Community Center Revitalization Program, and
 WHEREAS, this program provides small matching grants to communities outside the City of Ithaca to improve their commercial/municipal centers, now therefore be it
 RESOLVED, That OTR #180 be permanently funded in the amount of $30,000, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $30,000 resulting in an increase in the proposed property tax rate of $ .007 per thousand, a .11 percent increase in the proposed property tax rate increase from 19.65% to 19.76%,
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6n – OTR #189 – Facilities
 WHEREAS, Page 33, OTR #189 reflects $71,488 in revenues related to billing capital projects for staff services, and
 WHEREAS, bonding for payroll expenses is undesirable as the cost for such services is compounded by interest expense, now therefore be it
 RESOLVED, That OTR #189 be permanently funded through property taxes, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $71,488 resulting in an increase in the proposed property tax rate of $ .017 per thousand, a .26 percent increase in the proposed property tax rate increase from 19.65% to 19.91%,
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6o – OTR #247 – In-service Training – Professional Svcs.
 WHEREAS, Page 35, OTR #247 reflects no increase related to professional services for the In-service Training program, and
 WHEREAS, staffing cut-backs in this program have created a greater need for alternatives and flexibility in access to training opportunities, now therefore be it
 RESOLVED, That OTR #247 be permanently funded in the amount of $20,000, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $20,000 resulting in an increase in the proposed property tax rate of $ .005 per thousand, a .07 percent increase in the proposed property tax rate increase from 19.65% to 19.72%,
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.
Amendment No. 6p – OTR #205 – Highway Materials
 WHEREAS, Page 33, OTR #205 has been severely reduced for the 2004 Budget, and
 WHEREAS, road maintenance is an ongoing effort with minimal funds to meet annual paving needs, now therefore be it
 RESOLVED, That funding for OTR #205 be permanently increased by $74,135, and
 RESOLVED, further, That the proposed tax levy for 2004 be increased by $74,135 resulting in an  increase in the proposed property tax rate of $.02 per thousand, a .27 percent increase in the proposed property tax rate increase from 19.65% to 19.92%,
 RESOLVED, further, That this property tax increase is not necessary in the event that Amendment No. 6a is approved by this Legislature.

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 A roll call vote on the 2004 Tompkins County Budget as amended with a 19.26% tax rate, resulted as follows:  Ayes - 5 (Legislators Herrera, Joseph, Koplinka-Loehr, Robertson, and Schuler); Noes - 9 (Legislators Booth, Kiefer, Lane, McBean-Clairborne, Penniman, Proto, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard).  RESOLUTION TO APPROVE THE BUDGET FAILED.

 At this time Mr. Joseph explained the process that takes place when the County fails to adopt a budget.  He stated when the budget is voted down, all previously approved amendments become moot unless a motion to reconsider is offered at this meeting or the following meeting.  A budget must be in place by December 10, according to the County Charter or by December 20, by state law. In any case, if the Legislature cannot arrive at the simple majority needed to pass a budget, the proposed budget that was approved by the Expanded Budget Committee on October 23 will go into effect. That budget would raise taxes by 19.65 percent, adding $127 to the tax bill for a $100,000 home, and increasing the overall tax levy by 27.8 percent.

 The Legislature may call a special meeting to vote on the budget again, or it may wait until its next scheduled meeting on December 2.  Mr. Joseph said at this time he has no plans to call a special meeting. It is expected that some compromises will be arrived at between now and December 2 that will allow the budget to gain enough support to pass at that time.

 It was MOVED by Mr. Proto, seconded by Ms. Kiefer, to lift the 2004-2008 Tompkins County Capital Program from the Table.  A voice vote on the motion resulted as follows:  Ayes - 5 (Legislators Booth, Kiefer, Proto, Todd, and Winch); Noes - 9 (Legislators Herrera, Joseph, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, Robertson, Schuler, and Totman); Excused - 1 (Legislator Blanchard).  MOTION FAILED.

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RESOLUTION NO. 245    - SUPPORTING THE EFFORTS OF “PUSHBACK”
 
 MOVED by Ms. Robertson, seconded by Mr. Lane.

 It was MOVED by Mr. Proto, seconded by Ms. Herrera, to delete all language contained in the resolution except the last Resolved.  Mr. Proto said he believes the language is unnecessary and some legislators may not agree with the wording that has been chosen.  Ms. Robertson said she believes the language is important and urged legislators to move forward and adopt the resolution as presented.  A voice vote on the amendment resulted as follows:  Ayes - 6 (Legislators Booth, Herrera, Proto, Lane, Penniman, and Winch); Noes - 8 (Legislators Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne, Robertson, Schuler, Todd, and Totman); Excused - 1 (Legislator Blanchard).  MOTION FAILED.

 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne to add an additional Resolved as follows: "RESOLVED, further, That no county employee other than a County Legislator shall perform as part of his or her County duties any work for PushBack except under the direction of the Chair of the Legislature,".  Mr. Booth expressed concern over County employees working on these items in the course of their employment and if this group were to be designated a lobbying organization there may be questions at a later time.  Mr. Joseph said a county has every right to lobby on its behalf and it also has a right to designate someone to lobby for the County; however, that would make that individual subject to the Lobby Reporting Law.  Ms. Robertson accepted the motion as friendly. A voice vote on the amendment resulted as follows:  Ayes - 11, Noes - 3 (Legislators Proto, Todd, and Winch); Excused - 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

 WHEREAS, New York State government has authority to mandate that certain programs, such as Medicaid, must be carried out and funded in whole or in part by local government, and
 WHEREAS, the Federal government can mandate that in order to receive necessary Federal funds, for programs such as public assistance, local governments must follow Federal guidelines and restrictions, and
 WHEREAS, State and Federal governments have sole control of the scope of these programs, and in recent years they have increased the costs of these programs without local government input, while at the same time reducing their own spending on them, requiring counties to use local taxes to carry out the programs, and
 WHEREAS, using a very narrow definition of mandates (i.e., only the direct payments that Tompkins County must pay to program recipients or service providers), mandated payments will cost Tompkins County an additional $4.2 million next year, which is a 31 percent increase over 2003 spending, on top of a 25 percent increase the previous year, and
 WHEREAS, Tompkins County must raise property taxes by 14 percent in 2004 just to pay these mandated costs, and
 WHEREAS, these costs do not include county administrative costs for carrying out mandated activities, such as personnel to take applications, determine eligibility, process payments, or send benefit checks to clients, and
 WHEREAS, in addition, we have seen an increase in fringe benefit costs that will raise taxes another 12 percent, most of which is an increased mandatory contribution to the State retirement fund, the benefits of which counties cannot control or influence, and
 WHEREAS, in the effort to reduce the property tax burden as much as possible, the Tompkins County Legislature has cut spending on local programs in the 2004 budget by more than $1.5 million, absorbing contractual salary increases, inflationary increases in supplies, materials, energy costs and rents, through reorganization and program cut backs including layoffs, and
 WHEREAS, the County still faces a double-digit tax increase despite the deepest program cuts in more than ten years, affecting police protection and protection of children at risk, road maintenance and maintenance of the elderly in their homes, promotion of business development and of family self-sufficiency, and housing for the homeless and food for the hungry, and
 WHEREAS, paying for State and Federal programs with local taxes is part a massive tax shift in this country over the last decade, from the income tax to the property tax, in which State and Federal governments have cut income taxes leading directly to the property and sales tax increases that we are now experiencing at the local level, and
 WHEREAS, this policy shift from the progressive income tax to the regressive property and sales taxes disproportionately hurts the least affluent individuals and communities, and
 WHEREAS, these recent income tax cuts have been heavily skewed to benefit the wealthiest people in the State and in the Country, and
 WHEREAS, our tax system has lost its balance, with far too much of the burden on property tax, costing far too much for farmers, seniors, local businesses, and those least able to pay, while not asking those who enjoy the greatest wealth to shoulder their fair share, and
 WHEREAS, in many cases those who will be most hurt by the resulting service cuts will also be the most hurt by a property tax increase, and
 WHEREAS, PushBack is a nonpartisan organization of Tompkins County citizens recently formed to resist the pushing down of expenses from Federal and State to local government, from income tax to property tax, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature holds that the responsibility to pay for government programs must rest with those who create and control them,
 RESOLVED, further, That the Tompkins County Legislature endorses the efforts of PushBack to inform the public and educate our State and Federal lawmakers to reverse the pressure on local taxes,
 RESOLVED, further, That the Tompkins County Legislature will work to convince New York State government to cap counties’ contribution for mandated programs at 2003 levels and over time to completely rescind local funding for these programs, and to create a more equitable, compassionate sharing of the responsibilities of government, so we may continue to protect our citizens and our communities,
 RESOLVED, further, That no county employee other than a County Legislator shall perform as part of his or her County duties any work for PushBack except under the direction of the Chair of the Legislature,
 RESOLVED, further, That a copy of this resolution shall be sent to President Bush, Senators Schumer and Clinton, Congressmen Boehlert and Hinchey, Governor Pataki, State Senators Bruno, Kuhl, Seward, and Nozzolio, Assemblymembers Silver and Lifton, and New York State Association of Counties (NYSAC).
SEQR ACTION:  TYPE II-20

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Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting.  The next meeting will be November 20 at 9 a.m.

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

 Mr. Joseph granted Mr. Totman permission to withdraw the resolution from the agenda honoring John Beach, STOP-DWI Coordinator, until a time when Mr. Beach can be present.

 Mr. Totman, Vice Chairman, reported the Committee met on November 6th and heard a report on information the Assigned Counsel Program has been gathering relative to the cost of assigned counsel versus a public defender.  The Committee heard a status report on the new Integrated Domestic Violence Court and also heard comments from the department on foreseen budget impacts.   The Committee also discussed and approved resolutions and appointments on this evening's agenda.   The Public Safety Building Committee met on November 11th following a morning work session between Sheriff's Department staff and Jacobs Facilities, who the County has contracted for design services with.  The next building meeting will be Thursday, November 20th at 2 p.m. and the next regular meeting will be December 4th.

RESOLUTION NO. 246 - CONSOLIDATION OF THE CITY OF ITHACA AND COUNTY OF TOMPKINS DEPARTMENT OF EMERGENCY RESPONSE DISPATCH FUNCTIONS
 
 MOVED by Mr. Totman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present.

WHEREAS, it is in the best interest of the public to have all dispatch positions centrally located in the Emergency Response Dispatch Center under the direction and control of the Department of Emergency Response, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the City of Ithaca has agreed to reimburse the County the amounts listed in the chart below, and said reimbursement shall be a decrease in the Tompkins County distribution of the sales tax to the City, and the sales tax agreement shall be amended to reflect this change as summarized in the chart below,
 RESOLVED, further, That five full-time, 40 hour-per-week positions be created in the title of Emergency Services Dispatcher (12-551) in the Tompkins County Department of Emergency Response effective July 1, 2004, and
RESOLVED, further, That the County Administrator or his designee is authorized to sign any agreements and other documents necessary to achieve this transfer.
DATE  NUMBER OF DISPATCHERS COVERED BY AGREEMENT ANNUAL PAYMENT TO COUNTY FROM CITY
Year 1: 7/1/04-12/31/04 4 $73,500
Year 2: 1/1/05- 12/31/05 4 $147,000
Year 3: 1/1/06-12/31/06 4 $147,000
Year 4: 1/1/07-12/31/07 4 $147,000
Year 5: 1/1/08-12/31/08 4 $147,000
12/31/08 Balloon Payment 1 $287,195: Cost of 1 dispatcher at the County rate with fringes for 5 years at Year 1 rate
1/1/09 - on-going term 5 $180,000:  Payment for 5 dispatchers

SEQR ACTION: TYPE II-20

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RESOLUTION NO. 247 - APPROPRIATION OF UNSPENT FUNDS - SHERIFF'S OFFICE

 MOVED by Mr. Totman, seconded by Mrs. McBean-Clairborne.  Mrs. Schuler queried if this would be a Ford Crown Victoria which has a problematic safety record; she was told it likely would be.  A roll call vote resulted as follows:  Ayes - 13, Noes - 1 (Legislator Schuler); Excused - 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

 WHEREAS, the Sheriff's Office Jail budgeting unit has $47,514 in unspent certified 2002 rollover funds, and
 WHREAS, the Sheriff's Office has a need for replacing an older vehicle with a newer vehicle because of additional transportation requirements such as court ordered transports to rehabilitation, transports to other county jails for board outs, and increased transportation orders, now therefore be it
 RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance be authorized to appropriate $25,000 to the vehicle line (described below) and the remaining $22,514 be returned to the County General Fund:
APPROPRIATION:
 FROM:  A599   General Fund Balance  $25,000
 TO:  3150.52231   Vehicle (Corrections)  $25,000
 SEQR ACTION:  TYPE II-20

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

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

RESOLUTION NO. 248 - APPROPRIATION FROM CONTINGENT FUND AND AUTHORIZATION TO EXECUTE SUPPLEMENTARY CONSTRUCTION FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION – TOMPKINS COUNTY BRIDGE PAINTING
 
 MOVED by Mr. Booth, seconded by Ms. Kiefer.  A short roll call vote resulted as follows:  Ayes - 14, Noes - 0, Excused - 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

WHEREAS, a Project for Tompkins County Bridge Painting, P.I.N. 375323, (the Project), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80 percent Federal funds and 20 percent non-Federal funds, and
WHEREAS, Resolution No. 34 adopted on March 5, 2002, approved the Project and authorized execution of an agreement with the New York State Department of Transportation regarding administration and funding of construction, construction inspection and supervision, and
WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of 100 percent of the non-Federal share of the costs of construction, construction inspection and supervision, and then file for reimbursement of eligible costs as required by the New York State Department of Transportation, and
WHEREAS, Resolution No. 260 of 2002 awarded a contract for the work in an amount that exceeded that authorized by Resolution No. 34 of 2002, with the understanding that the New York State Department of Transportation would increase the Federal and State cost shares, and
WHEREAS, New York State has since decided to not increase the State share of project funding, but will require Tompkins County to pay an increased percentage of project costs, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget and Capital Committees, That the Tompkins County Legislature hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent (100%) of the Federal and non-Federal share of the costs of construction, construction inspection and supervision work for the subject Project or portions thereof,
RESOLVED, further, That the sum of $389,000 is hereby made available within Account No. D5111.54411, Road/Bridge Contracts, to cover the cost of participation in the construction phase of the Project,
RESOLVED, further, That the Director of Finance be authorized to make the following budget appropriations:

FROM:  A1990.54400  Contingent Fund $8,646.49
TO:  D5111.54411  Bridge Contracts $8,646.49,

RESOLVED, further, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, the Tompkins County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification of the New York State Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager or designee be and is hereby authorized to execute all necessary agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Project,
RESOLVED, further, That this resolution shall take effect immediately,
SEQR ACTION: TYPE II-1

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Report from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, reported the Committee has not met since the last Legislature meeting.  The next meeting will be November 19 at 2:30 p.m.

Report from the Government Operations Committee

 Mr. Koplinka-Loehr, Chairman, reported the Committee met and most of the items discussed will come before the Legislature in the form of a resolution or will be taken back to the Committee for further discussion.  He stated the Committee began discussing a request from the Mayor of the City of Ithaca for the County to adopt a law parallel to the City's in regard to capital improvement to residential building exemptions.   A number of concerns were raised at the meeting and the Committee will continue discussing this issue in December.

Report from the Planning, Development and Environmental Quality Committee
 
 Mr. Lane, Chairman, had no report.

Report from the Communications Capital Projects Committee

 Mr. Penniman, Vice Chairman, had no report.

Report from the Space Needs and Location Committee
 
 Mr. Proto, Chairman, reported the Committee met on November 12 and had an extensive discussion of various alternatives to downtown office space and office space in general as it applies to the County.  Crystal Buck and Ed Marx presented options for the Committee to consider which the Committee is now doing.  He said he hopes to bring a presentation to the full Legislature in the near future.  The next meeting will be December 10.

Approval of Minutes of November 4, 2003

 It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of November 4, 2003.  MINUTES APPROVED.

Adjournment

 On motion the meeting adjourned at 9:16 p.m.

Respectfully submitted by Michelle Pottorff, Deputy Clerk

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