Chair Mink called the public hearing to order at 5:30 p.m. No one wished to speak and the public hearing was declared closed 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 Members. Representative Proto was excused at 6:15 p.m.

Presentation of Quilt Display

Representative Stein directed everyone's attention to the northwest wall in the Board Room to a recently hung quilt. He said this is the beginning of a program designed to bring out of the archives many interesting riches concerning our local history of Tompkins County that are being cared for by the Dewitt Historical Society. Mr. Stein said over the last several years he has been a liaison to the Dewitt Historical Society and in that time he has learned about things they have collected and take care of for the community. At the present time quilts are going to be displayed on this wall in the Board Room; however, there may be other items in the future that will be placed on display.

Matt Braun, Director of the Dewitt Historical Society, thanked Mr. Stein for providing the Historical Society with the opportunity to bring these items out of storage and into public view. Mr. Braun recognized Patty Davis who designed the quilt in 1995, to take note of African Americans in Tompkins County's history.

Ms. McBean said it is very fitting to have this quilt in place at this time as people begin a season of celebrating Kwanza.

Presentation to Ray VandeBogart

Chair Mink presented Ray VandeBogart of Danby a sign from the United States Department of Agriculture Natural Resources Conservation District for displaying on his property in Danby, protected under a Wetlands Reserve Program Easement. Ms. Mink stated "on behalf of the people of Tompkins County, we would like to thank Mr. VandeBogart for protecting the quality of our water resources, wetlands, and wildlife habitat."

Privilege of the Floor by the Public

Alan Cohen, City of Ithaca Mayor, spoke to the County in regard to the proposed sales tax exemption that is on the agenda. Once again, Mr. Cohen asked the Board to consider postponing the enactment of this. Mr. Cohen spoke of the departing Board members and said while there have been many occasions in the past when there were disagreements on both sides, he respected their ability to agree to disagree and continue working together in a professional manner. Mr. Cohen said Representatives Davis, Lalley, Mink and Stein are professionals who care about their community and it has been his pleasure to work with them. On behalf of the City, Mayor Cohen wished each member well.

Jean McPheeters, Chamber of Commerce President, joined Mayor Cohen in thanking Representatives Lalley, Mink, and Stein for their dedication and service to Tompkins County. Ms. McPheeters said retailers are concerned about the loss of business to other communities and urged the Board to honor the previous commitment to remove this tax on clothing. Ms. McPheeters submitted the following resolution adopted by the Chamber of Commerce on January 19, 2000:

"Whereas, the Tompkins County Board of Representatives, in partnership with Tompkins County Area Development and the Tompkins County Chamber of Commerce, prepared and adopted a "Tompkins County Economic Development Strategy in 1999, and,

"Whereas, one of the critical "local sectors" documented in the plan is "Retail Trade" including the sale of clothing and footwear, and,

"Whereas, the narrative (page 9) "Retail sector is of particular interest because it also contributes sales tax revenue." ..."Retail has the potential to expand by at least 10% by capturing 'leakage' from residents shopping outside the County."..."In 1970 Tompkins County was 7% below the US average in per capita sales. By 1992, that figure had dropped to 16% below the national average" ..."Significant retail leakage to other market areas of about $110M in 1992. ..including. .."60M in tax generating sales of apparel, furnishings, and a variety of other merchandise", and,

"Whereas, one of the key goals of the Strategy is to Create Employment and Business Opportunities (page 20) states as follows: " As a local sector, Retail is not normally a focus of economic development. The significant leakage of about $60M in apparel, furnishings, and general merchandise sales indicates that properly targeted Retail development could generate up to 800 new jobs and $2.4M in sales tax revenues. While not typically high-paying jobs, Retail offers flexible employment, entry-level experience, and opportunity for advancement to management. Expanding Retail to meet consumers' needs provides economic value to Tompkins County households. Key resources include market information targeted to firms that fill gaps and can succeed in the County, and attractive retail districts. A caution is to avoid monetary subsidy to firms that compete with established retail firms." and,

"Whereas, an increasing number of nearby competing markets are opting for the permanent exemption of sales tax on clothing and footwear, and,

"Whereas, the imminent expansion of Pyramid Mall, the Commons, and Southwest Park has the potential of stopping a significant percentage of the leakage of sales tax revenue out of the County thereby offsetting the loss of revenue from the elimination of sales tax on clothing and footwear throughout the County, and,

"Whereas, the County Administrator estimates that the annual gross of the sales tax loss will be $1.8M, now therefore be it:

"Resolved, that the Tompkins County Chamber of Commerce supports the permanent exemption of sales tax on clothing and footwear and urges the Tompkins County Board of Representatives to join the Chamber in assessing the impacts on municipal real property tax rates throughout the County, if any, with the implementation for the exemption of March 1, 2001 in keeping with the aforementioned goals of the Tompkins County Economic Development Strategy , and be it further,

"Resolved, that the Tompkins Co. Chamber of Commerce offers the expertise of Chamber staff and members and will enlist the help of TCAD to prepare at least the following information:

"The impact on the tax rates of each municipality, utilizing 1999 assessment rolls, that would result from 100%, 75%, 50%, 25% of the above referenced loss.

• An update of the survey of neighboring and other competing counties on the status of the exemption.
• A review of the sales tax data resulting from the temporary short-term exemptions.
• An estimate of the impact that increased clothing and footwear sales of 10%, 25%, 50% would have on sales tax revenues resulting from collateral purchases on non- exempt items."

Bud Shattuck, Town of Lansing resident, spoke of the sales tax exemption and said individual towns have adopted resolutions and will be forwarding them to the Board that support the elimination of sales tax on clothing and footwear under $110.

Michael Raffe, Director of the Ithaca Chapter of the American Red Cross, read and submitted the following statement:

"My name is Michael Raffee. I am the Director of Emergency Services for the Tompkins County Chapter of the American Red Cross and a resident of Varna.

"I have two items that I would like to address this evening. First, I would like to thank the departing Board members for their service to our community and specifically their interest in and concern with emergency management disaster preparedness, response, and recovery. I realize that these areas are not flashy or headline grabbing but they are vital. Your direction, guidance, and funding in these areas have helped make Tompkins County a safer place to live and work.

"I have had opportunities to work with the outgoing Chair, Barbara Mink, on a number of occasions and it was always a pleasurable experience. During the Y2K planning and preparedness process, her leadership, caring attitude and vision were apparent to all. Since that time, her actions and leadership have been instrumental in reinvigorating the emergency planning process with the creation of the Countywide emergency management group and maintaining a forward momentum on the Capital Communication Project. Barbara, you will be missed.

"I have known Stuart Stein since 1978 when we met during a visit I made to the Department of City and Regional Planning at Cornell a prospective graduate student. He was always interested in policy formulation, government and citizen involvement. He has served this community in a variety of rolls for many years including as Chair of the County Board of Representatives. Thank you Stu for showing me it is important to be involved and to serve your community.

"For the others, I really did not work closely with you but I know that you had a great concern for our community and its people. Thank you for your service.

"To the incoming Board, I ask that you maintain the momentum in continuing the programs related to emergency preparedness, response, and recovery.

"The second item is my annual update on rugby programming here in the Tompkins County Area. I currently serve as the Sports Chair for rugby for the Empire State Games and I am proud to say that the open women's team from our region, Central, has won its fourth straight gold medal this summer. In addition, an undergraduate woman from the women's team was named to the All-American Team this year.

"Lastly, I would like to bring to your attention that there are seven rugby teams in our County, including both a girls and boys team at Ithaca High School and that our area is among the leaders in all of New York State in providing athletes the opportunity to play no matter what age they are.

"Thanks for your time and attention".

Peter Meskill, Tompkins County Sheriff, read and submitted the following statement:

"Joe Lalley. While we have only known each other for a year I have welcomed your solution - oriented approach. Your interest and work with the COMCAP Committee will undoubtedly bring results even after you are gone, especially in respect to the paging project. The ability to put that together is very important to the firefighters throughout Tompkins County. In one short year you have helped the public safety community and as a volunteer firefighter and as Sheriff I want to thank you for your efforts and resolve."

"Stu Stein - the Dean/Father of the Board. I have enjoyed eight wonderful years working with you as a Board member and as Sheriff. You always bring a worldly and wisdom-like approach to the table, regardless of issue. I have witnessed your ability to be open to any issue, convey your points, stay true to your convictions and yet change when needed.

"When I think of the word gentleman in a dictionary there are three people in my life that come to mind and you are one of those. Your wisdom, wealth of knowledge, humor and your ability to articulate are some of your best attributes. It's great entertainment in an odd sort of way to watch when some Board members and especially the Chair think you have articulated a little too long.

"I am forever grateful to you for loading me up on four busy committees the first year I served this Board. That knowledge and information proved to be a base that would be irreplaceable. I will always have a sincere and deep appreciation for you and a difficult decision you had to make years ago when you appointed me Chair of Public Safety. That opportunity, unknowingly at the time, was an opportunity that helped me obtain the position I now hold. I am not sure my wife and family are grateful but I will be forever grateful for that. I know the Board, the community, and the Sheriff’s Office will miss you. Good luck with whatever you do with all that spare time.

"Barbara Mink. Barbara took control of the Board and championed several important and noteworthy causes. Two of your accomplishments that I will always remember were the capital projects for the DSS building and the new Library.

"In both of those projects you insured fairness in presentation by appointing various different representatives to the committee, directed staff to put together exhaustive and complete spreadsheets and answered all those tough and sometimes procrastinating questions before you brought the issue to a final vote.

"I applaud your drive, determination, intelligence, and most of all your compassion and wisdom to sum up the feelings of the Board on various important events and issues in the spirit of a true leader that you are.

"Your role as a Board member and especially the Chair gave people an unjust opportunity to attempt opportunity to attempt to discredit your personal and professional resolve. You handled those difficult encounters with resolve and wisdom, and always picked the high road and rose to articulate the real issue.

"I am forever grateful for the time you took to assist me in those early years on the Board to keep me focused on the big picture and refreshed a lesson that my old philosophy teacher from St. Bonaventure taught me on how to argue a point.

"Some of my proudest moments as a Board member were having the privilege of nominating you for Vice Chair and Chair of the County Board.

"I will always be grateful to you for allowing me to remain as the Chair of Public Safety and allow me to fulfill my role as a Board member with my true passion of assisting the public safety providers of Tompkins County.

"You have made your mark on the community and your service, perspective, and leadership will be missed. I wish you well with your endeavors and my wife and I look forward to purchasing another one of your wonderful paintings to proudly display in our home. Your artwork is a reminder of your energy, ability, courage, and kindness that you have shown to my family and the entire community.

Privilege of the Floor by Board Members

Mr. Lalley, District No. 13 Representative, spoke of the recent passing of Anne Janke who was a librarian for the Caroline school for many years. He said she was one of those people who made Ithaca special.

Mr. Joseph, District No. 12 Representative, expressed his appreciation to Representatives Lalley, Mink, and Stein for their contributions to the Board. He said Mr. Stein and Ms. Mink have been mentors to him for many years and have proven to be great leaders.

Mr. Stein, District No. 3 Representative, said this evening marks the end of his twenty years of service as a Board member. He said he has mixed emotions leaving the Board and that although it is time for him to move on he will miss a lot of friends and colleagues he respects. Mr. Stein thanked his constituents in the City of Ithaca for allowing him to represent them for the last twenty years. He said what makes this Board work so well is the ability each member has to argue about issues and remain friends regardless of political party or point of view.

Mr. Lane, District No. 14 Representative, spoke to the departing Board members. He wished Representative Lalley well and thanked him for bringing a lot of expertise to Board committees over the last year. Mr. Lane said since Mr. Stein retired from the position of Board Chair he has taken on a number of special projects, including the Electric and Gas Alliance. Mr. Lane said it has been a pleasure serving as Vice Chair under the leadership of Ms. Mink. He said this evening marks the end of an era and thanked these members of the Board for the dedication and service they have given to the people of Tompkins County.

Ms. Mink, District No. 4 Representative and Chair of the Board, read the following statement:

"Every year at this time, I like to look back and focus on our accomplishments and what lies ahead. Since this is my last chance to speak to you, as Chair and as a colleague, I'd like to take a longer view. Sometimes our objectives are a bit harder to achieve than expected. When I was first elected Chair, one of the goals I set was selling the Biggs A Complex. Five years later, we can claim success. We also promised to sell or find a constructive use for the Old Library Building; after two years of study by one committee and this past year's work by another, we have a plan that makes sense.

"A resolution on tonight's agenda gives you a sense of where we're heading. The Old Library, in terms of its design and location, would make a state-of-the-art records archive and research center, a possible future home for related historical displays, and a place to house a county department that needs more easy-access space. This could be achieved at a relatively low cost to taxpayers, and would serve as a community resource. In terms of meeting the county's future space needs, we are looking at the possibility of a public private partnership that would let us accommodate our needs, generate tax revenue, and add to the cityscape in a positive way.

"There are a number of achievements over the past decade that this board can look back on with pride, and which certainly make me feel honored to have been a part of them.

• We have successfully implemented welfare-to-work that responds to needs and changes people's lives for the better

• County government has pursued quality management principals that have led to improved customer service
• the Board, Administration, and Department Heads have met budgeting challenges in a spirit of compromise
• We have built a tourism program focused on our natural assets and poised to strengthen our culture and arts even more
• We've put in place initiatives aimed at keeping residents from getting caught up in the cycle of crime
• We finished a redistricting plan for the county that closely preserves the principle of one person, one vote

• A beautiful airport
• A new mental health services building downtown
• A phenomenally successful garbage and recycling center
• A new human services building downtown
• A new library in the center of the city

"One notable failure has been the breakdown in relations with some of the County’s municipal leaders, a failure that I take seriously, and for which I must accept some responsibility. Two years ago I launched a new initiative, exploring intermunicipal tax sharing as a way to lessen competition for sales tax revenue among different municipalities, and to start cooperative planning for the county's development.

"One year ago, I changed the name of the group to the Intermunicipal Planning committee, since the concept of tax sharing seemed too big a step to take without more work on larger cooperative issues. I said at the time that "This special committee was designed to be a forum for discussion on how we would like to see Tompkins County move into the future, and how we can work together to make that happen. These are topics that need frank and open discussion, and I hope that broadening those talks can be viewed as helpful."

"What a difference a year makes. Rather than broadening discussions, they fell apart, and some of the towns felt they had to challenge the County in court over issues like redistricting and land use regulations. We won both those I but those victories ring hollow if they don't allow us to move forward on the level of discussion and negotiation to resolve differences.

"And ironically, I think the time may be right to look at tax sharing again as a strategy; the notion of having the municipalities that make up the Greater Ithaca Urban act in concert, rather than in opposition, was the basis for implementing a tax sharing agreement; that same idea has recently been brought up in economic development circles, by municipal leaders not in county government.

"So maybe it's a matter of time, perhaps it's a matter of personalities; whatever the reason, I still believe what I said a year ago from this podium: that intermunicipal cooperation is not an illusory goal, but something that can be built on mutual respect and trust. And if there was ever a group of people able to move forward in that mode, it's the County Board of Representatives.

"I want to say a special thank you to Mike Lane for his five years of trusted and hardworking service as Vice Chair; I wish Tim Joseph luck in transferring his leadership skills from budget matters to county policy; I regret not being able to work with the new board members, who promise to bring fresh insights and energy to the challenges of the future; and I thank Stuart Stein for his years of mentorship and good sense.

"I want to thank our wonderful staff, especially those with whom I’ve worked so closely over the last years. County government runs well because everyone, from supervisors to front-line workers, believe in what they’re doing. Without this high level of commitment and skill, many of the Board’s initiatives I mentioned before could not have been accomplished.

"To all of you, I will miss your professionalism, your willingness to take tough stands, your ability to disagree on principle without making it personal, and the tremendous amount of work you do on the taxpayer’s behalf. Most of all, I will miss your friendship and collegiality. We do work that often seems untranslatable to people outside government; I look forward to hearing about your future achievements and knowing what it takes to get there".

Representative Proto was excused at 6:15 p.m.

Report from the County Administrator

Mr. Whicher had no report. He spoke of Ms. Mink's leadership qualities and said he will miss her.

Report from the County Attorney

Mr. Wood reported the Biggs A building has been sold. He, too, wishes Representatives Lalley, Mink, and Stein well.

Report from the Finance Director

Mr. Squires reported the sales tax revenue in November did not fall as he had expected; therefore, the County will likely meet the budgeted amount. He reported the County also received an unexpected bonus payment of $5,500 in tobacco settlement funds. Mr. Squires wished the departing Board members well.

Withdrawal of Presentation

Chair Mink withdrew a presentation on the Tompkins County Agricultural Lands and Natural Areas Preservation Feasibility Study. This will come before the Board at a later time.

Addition of Resolution(s) to the Agenda

On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda:

Chair Mink gave the appropriate committee chairman permission to withdraw the resolutions from the agenda entitled Establishing Policy Regarding Appropriate Treatment Under SEQRA for Review of the Issuance of Bonds by the Tompkins County Industrial Development Agency and Providing an Exemption from Sales and Compensating use Taxes for Receipts from Retail Sales of, and Consideration Given or Contacted 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.

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

It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, that the following appointments are approved under the Consent Agenda:

Appointment(s)

Strategic Tourism Planning Board
Paul J. Tatar – Outdoor Recreation – term to expire December 31, 2004
Scott Wiggins – Hotels – term to expire December 31, 2004
Renata M. Ballard – Retail – term to expire December 31, 2004
Jon Reis – Arts – term to expire December 31, 2004

Advisory Board on Indigent Representation
M. Alan Hays –term to expire December 31, 2004
Lucy Gold – term to expire December 31, 2004

Criminal Justice Advisory/Alternatives to Incarceration Board
Linda Riley – Mental Health – December 31, 2004
Judith A. Saul – Juvenile Services; Not for Profit – term to expire December 24, 2004
Suzi Cook – term to expire December 31, 2004

Personal Emergency Response Service Advisory Board
Peter Meskill – Sheriff/Police Agency – term to expire December 31, 2003
Joan E. Murphy – Visiting Nurse – term to expire December 31, 2003

STOP DWI Advisory Board
Stu Bergman – Mental Health Board – term to expire December 31, 2004
Martha F. Ferger – At Large – term to expire December 31, 2004

E911 Operations Committee
George Taber – Director Cornell University Public Safety – term to expire December 31, 2004
Edward K. Abruszzo – NYS Police Commander or Designee – term to expire December 31, 2004
Ronald B. Clark – Director of Ithaca College Safety or Designee – term to expire December 31, 2004
Leslie P. Gifford III – Volunteer Rescue Squad Leader (East) – term to expire December 31, 2004

It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. Schuler, and unanimously adopted by voice vote, the following resolutions were approved under the Consent Agenda:

RESOLUTION NO. 306 - AUTHORIZATION TO DISBURSE FUNDS - COUNTY ADMINISTRATION

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

RESOLVED, on recommendation of the Budget and Capital Committee, That the County Administrator be and hereby is authorized and directed to disburse all appropriated funds up to the amount of the appropriation included in the 2002 budget, provided that whenever a contract is required funds will be disbursed in accordance with the terms of said agreement.
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RESOLUTION NO. 307 - CORRECTION OF ERRORS

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

RESOLVED, on recommendation of the Government Operations Committee, That the Clerk of the Board be and hereby is authorized to correct any manifest errors in the 2001 minutes of the Board or in reports of any committees.
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RESOLUTION NO. 308 - DESIGNATION OF NEWSPAPER

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

RESOLVED, on recommendation of the Government Operations Committee, That the official newspaper for the County of Tompkins for the publication of all local laws, notices and other matters required by law to be published pursuant to County Law, Article 5, Section 214, Subdivision (2), and Local Law No. 1 of 1992 be designated from January 1, 2002 to December 31, 2002, as follows:

The Ithaca Journal, Ithaca, New York

RESOLVED, further, That the Ithaca Journal is requested to place the County's legal notices at the beginning of the classified section.
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Report and Presentation of Resolution(s) from the Budget and Capital Committee

Mr. Joseph, Chairman, reported the Committee met prior to this meeting to act on resolutions reflecting on the agenda. He announced the December 22^nd meeting has been canceled.

RESOLUTION NO. 309 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 COSTING LESS THAN $110 PER ITEM PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK

MOVED by Mr. Lane, seconded by Mr. Penniman. Mr. Lane said this action is basically a technical action because the resolution that was adopted a year ago by this Board was not filed properly with the State. He reminded Board members that the 2002 budget was adopted based on the assumption that this was tax was removed. Mr. Joseph said he originally voted in support of this last year; however, he will be voting against it this evening. He said from the time the state gave counties the option of eliminating this tax he was opposed to it because he feels the sales tax is a regressive tax. He feels that because of the number of students who live in this community, a shift to the property tax would be an even more regressive action. He also stated that there are a number of counties who had originally said they were going to eliminate this tax but have not done so.

Ms. Kiefer noted that at the time the Board passed the resolution of intent only half of the County's municipalities supported removal of this sales tax; since then the seriousness of the County's fiscal situation has been recognized, and she believes loss of these sales tax revenues will only make matters worse. She proposed an amendment, seconded by Mr. Joseph that postpones enactment of the exemption to March 1, 2003. A voice vote on the amendment resulted as follows: Ayes – 4 (Representatives Blanchard, Joseph, Kiefer, and Stein), Noes – 10, Excused – 1 (Representative Proto). MOTION FAILED.

A voice vote on the original resolution resulted as follows: Ayes – 9 (Representatives Koplinka-Loehr, Lane, McBean, Mink, Penniman, Schuler, Todd, Totman, and Winch), Noes – 5 (Representatives Blanchard, Joseph, Lalley, Kiefer, and Stein); Excused – 1 (Representative Proto). RESOLUTION ADOPTED.

WHEREAS, on September 21, 2000 the Tompkins County Board of Representatives passed Resolution No. 201 seeking to eliminate Tompkins County's 4 percent tax on sales of clothing and footwear valued up to $110, to be effective March 1, 2002, and
WHEREAS, Resolution No. 201 was not passed in the form required by New York State, and
WHEREAS, the Board of Representatives now wishes to adopt the exemption in proper form, now therefore be it
RESOLVED, by the Board of Representatives of the County of Tompkins that Section six of Resolution No. 256A, as enacted in 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, and be it further
RESOLVED, That this resolution shall take effect March 1, 2002, and shall apply to sales made and uses occurring on or after that date although made or occurring under a prior contract.
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RESOLUTION NO. 310 - AMENDMENT TO THE CAPITAL PROGRAM, BUDGET ADJUSTMENT AND AUTHORIZATION TO MOVE RECORDS MANAGEMENT FROM BIGGS A TO THE OLD LIBRARY

MOVED by Mr. Joseph, seconded by Mr. Lane, and unanimously adopted by voice vote by members present.

WHEREAS, Board Resolution No. 228 of October 17, 2000 accepted the Tompkins County Space Use Master Plan and further accepted the findings of the Facilities and Space Committee, and

WHEREAS, the Facilities and Space Committee Findings stated:

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

Mr. Koplinka-Loehr, Chairman, reported the Committee met on December 6 and received a report on the advisory board survey. Mr. Koplinka-Loehr shared information relating to that survey with the Board. He said the Committee also continued discussion on the Standards of Conduct policy, including what is allowable for employees to say about members of the Board and how to deal with children in the workplace.

RESOLUTION NO. 311 - CREATION OF, ABOLITION OF AND CHANGES IN POSITIONS VARIOUS DEPARTMENTS

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present.

RESOLVED, on recommendation of the appropriate Committees of the Board of Representatives, That the following positions be abolished effective January 1, 2002:

Sheriff’s Department
1.0 Account Clerk Typist, (6-513), labor grade (F), competitive class
1.0 Corrections Officer from Jail, (32-406), labor grade (B), competitive class
Deputy Sheriff, (41-419), competitive class, 40 hours per week
RESOLVED, further, That the hours of the following positions be changed as follows effective January 1, 2002:

Assigned Counsel
Administrative Assistant, (12-535), labor grade (L), competitive class, decreased from 37.5 to 35 hours
1.0 Program Coordinator, (13-670), labor grade (M), competitive class, decreased from 37.5 to 35 hours
Finance
1.0 Principal Account Clerk-Typist, (61-334), labor grade (K), competitive class, decreased from 40.0 to 35 hours
RESOLVED, further, That the following positions be created effective January 1, 2002:

Planning
Environmental Planner, (14-682), labor grade (N), competitive class, 40.0 hours
RESOLVED, further, That the following position, created by Resolution No. 150 effective in July of 2000 and scheduled to sunset on December 31, 2001 be extended through December 31, 2002:

Probation
Community Justice Director, (88-191), labor grade (Q), competitive class, 40.0 hours.
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RESOLUTION NO. 312 - AUTHORIZING TOMPKINS COUNTY TO PAY UP TO 20 WORKDAYS OF BASE PAY DURING AN APPROVED
DISASTER RELIEF OPERATION

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lalley, and unanimously adopted by voice vote by members present.

WHEREAS, the events of September 11, 2001, have shown the work of American Red Cross volunteers to be invaluable to continuing recovery efforts, and
WHEREAS, New York State has amended the general municipal law by adding a new section 92-c that authorizes public employers to pay American Red Cross volunteers who participate in specialized disaster relief operations, and
WHEREAS, it is the desire of the Tompkins County Board of Representatives to ease the financial strain on such volunteers who are also County employees, and
WHEREAS, it is the Department Head who can best determine whether this leave will have an impact on the Department's operation, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That employees receive their base pay for up to 20 workdays in any calendar year while on leave as a volunteer for the Red Cross during approved disaster relief operations,
RESOLVED, further, That such employees make written request to their Department Head for such leave, and provide documentation from the Red Cross that they have been trained, certified, and asked to perform disaster relief duties for a specified time period before leave is granted,
RESOLVED, further, That the decision to grant an employee such Red Cross Disaster Relief leave is up to the employee's Department Head.
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RESOLUTION NO. 313 - ESTABLISHING SALARIES AND BENEFITS OF MANAGEMENT AND CONFIDENTIAL EMPLOYEES, 2002

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present.

WHEREAS, during 1988-1991, this Board reviewed the salary schedules for Management and Confidentials, and
WHEREAS, the schedule developed then to bring salaries into alignment will still take several years to complete, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That Management and Confidential employees newly hired, reclassed, or who change positions after January 1, 2001 be salaried based upon the relevant County Personnel schedule,
RESOLVED, further, That the incumbents in Management positions on January 1, 2002 shall receive an increase not less than 3.1875 percent nor greater than 4.25 percent effective January 1, 2002,
RESOLVED, further, That the incumbents in Confidential positions on January 1, 2002 shall receive an increase not less than 3.71875, nor greater than 4.25 percent effective January 1, 2002,
RESOLVED, further, That Management and Confidential employees shall continue to contribute 20 percent towards the cost of health insurance and eligible employees shall be entitled to a VEBA (Voluntary Employee Benefit Account) equal to the differential between the employee share of health insurance at 15 percent and the employee share at 20 percent,
RESOLVED, further, That VEBA eligibility and entitlement shall be limited to employees who received a VEBA in 2001 and are still enrolled in health insurance in January 2002,
RESOLVED, further, That the amount of the 2002 VEBA payment will be the same as the 2001 VEBA payment plus or minus the same percentage increase or decrease as health insurance premiums,
RESOLVED, further, That Management and Confidential employees shall receive longevity payments as provided for in a relevant schedule and shall be entitled to all other fringe benefits specified in Administrative Policy 03-01, fringe benefits for non-unionized employees.
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RESOLUTION NO. 314 -AUTHORIZATION FOR CONTINGENT FUND APPROPRIATION TO COVER OUTSIDE LEGAL FEES RELATED TO REDISTRICTING LAWSUIT-COUNTY ATTORNEY

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lalley. A short roll call vote resulted as follows: Ayes – 14, Noes – 0, Excused – 1 (Representative Proto). RESOLUTION ADOPTED.

WHEREAS, outside counsel was retained to facilitate the County's defense in the recent redistricting lawsuit imposed by the Town of Ithaca and several other parties, and
WHEREAS, the County has been billed by Harris Beach, LLP, for legal services through November 13, 2001, in the amount of $26.56, representing the fifth phase of counsel and defense, and
WHEREAS, payment is now due, and
WHEREAS, the Board of Representatives hereby acknowledges that future billings are possible and that the total County cost related to this case to date is $54,578.68, now therefore be it
RESOLVED, on recommendation of the Government Operations and Budget and Capitol Committees, That the Director of Finance be authorized and directed to make the following budget appropriation:

FROM: A1990.54400 Contingent Fund $26.56
TO: A1420.54442 Professional Services $26.56
SEQR ACTION: TYPE II-20

RESOLUTION NO. 315 - AUTHORIZATION FOR CONTINGENT FUND APPROPRIATION TO COVER OUTSIDE LEGAL FEES RELATED TO COMMUNICATIONS SYSTEM LAWSUIT - COUNTY ATTORNEY

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman. A short roll call vote resulted as follows: Ayes – 14, Noes – 0, Excused – 1 (Representative Proto). RESOLUTION ADOPTED.

WHEREAS, outside counsel was obtained to facilitate the County's defense in the recent communications system and Bostwick Road Public Works Building lawsuit imposed by the Town of Ithaca, and several other parties, and
WHEREAS, the County has been billed by Harris Beach, LLP, of Ithaca, New York, for legal services through November 13, 2001 in the amount of $307.15, and
WHEREAS, payment is now due, and
WHEREAS, the Board of Representatives hereby acknowledges that future billings are possible and that the total County cost related to this case to date is $8,691.52, now therefore be it
RESOLVED, on recommendation of the Government Operations 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 $307.15
TO: A1420.54442 Professional Services $307.15
SEQR ACTION: TYPE II-20

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

Mr. Totman, Chairman, reported the Committee met last week. At that meeting the Committee discussed the process for replacing security cameras at the Jail and heard a report from Mr. Joseph on the loss of funding to the Drug Court. Mr. Totman said a look will be taken at possibly relocating the drug courts to the Community Justice Center. He also reported that there has been progress in improving communications between Offender Aid and Restoration and the Sheriff’s Department.

RESOLUTION NO. 316 - BUDGET ADJUSTMENTS – SHERIFF’S DEPARTMENT

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

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

Sheriff’s Department (#51)

Revenue Acct Title Amt Approp Acct Title(s) __________
3113 42705 Gifts and Donations $650 3113 52220 Department Equipment
Explanation: Monies donated to purchase K-9 vest.

Sheriff’s Department (#52)
Revenue Acct Title Amt Approp Acct Title(s) __________
3113 42770 Other Misc. Revenues $800 3113 52220 Department Equipment
Explanation: Monies needed to purchase department equipment.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 317 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT TO SUPPORT TRAINING FOR LOCAL JUDGES AT A CONFERENCE ON DOMESTIC VIOLENCE

MOVED by Mr. Totman, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present.

WHEREAS, the Probation Director has been notified of a grant award in the amount of $3,500 from a local foundation that has requested no publicity for the grant, support training for local judges at a conference entitled "Enhancing Judicial Skills in Domestic Violence Cases" to be held in Santa Fe, New Mexico, and
WHEREAS, there is no current or future financial or program obligation for Tompkins County to accept this grant, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee execute all contracts related to this award,
RESOLVED, further, That the Director of Finance is directed to make the following budget adjustment for 2002:
FROM: A3994.42770 Other Miscellaneous Revenue $3,500
TO: A3994.54412 Travel/Training $3,500
SEQR ACTION: TYPE II-20

RESOLUTION NO. 318 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY AT THE SHERIFF’S OFFICE

MOVED by Mr. Totman, seconded by Mr. Koplinka-Loehr. A short roll call vote resulted as follows: Ayes – 14, Noes – 0, Excused – 1 (Representative Proto). RESOLUTION ADOPTED.

WHEREAS, the Sheriff’s Office has employees who were on disability, compensation, and/or suspended and unable to perform their duty, and
WHEREAS, the Fiscal Policy of Tompkins County allows for such replacement pay for employees who have been out longer than two months, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee and the Budget and Capital Committee, That the Director of Finance appropriate a total of $102,231 to the Sheriff’s budget for replacement pay encompassing the period of July 1, 2001 through December 31, 2001,
RESOLVED, further, That the money be distributed to the following accounts:
        FROM: A1990.54440 $102,231
        TO: Uniform Division A3113.51000 Regular Pay $ 30,964
                                         A3113.51800 Fringe Pay $ 7,741

Corrections A3150.51000 Regular Pay $ 50,821
                                        A3150.58800 Fringe Pay $ 12,705
SEQR ACTION: TYPE II-20

RESOLUTION NO. 319 - DESIGNATION OF TOMPKINS COUNTY HAZARDOUS MATERIALS RESPONSE TEAM

MOVED by Mr. Totman, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present.

WHEREAS, the current national situation involving the threat of weapons of mass destruction/mass effect has the potential for local implications, and
WHEREAS, a comprehensive and consistent hazardous materials response capability throughout Tompkins County is necessary, and
WHEREAS, Section 204-f of the New York State General Municipal Law requires each county to develop a plan for fire service response to hazardous materials incidents, and
WHEREAS, there is an exigent need for law enforcement agencies in Tompkins County to be able to rely on a hazardous materials capability, and
WHEREAS, grant and other resources related to the national effort to develop a comprehensive response capability will be channeled to designated County hazardous materials teams, and
WHEREAS, Section 209-y of the New York State General Municipal Law authorizes Tompkins County to establish a County hazardous materials team, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the Board of Representatives hereby designates the Ithaca Fire Department Hazardous Materials Unit as the Tompkins County Hazardous Materials Team operating through the County Mutual Aid System, as authorized by Section 209-j of the New York State General Municipal Law,
RESOLVED, further, That the Tompkins County Hazardous Materials Response Plan is to be revised to incorporate this designation, while still recognizing the authority and responsibility of local fire departments.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 320 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY AND TERMINAL PAY – FIRE, ISASTER AND EMS DEPARTMENT

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

WHEREAS, Emergency Services Dispatcher, Jason Fulton, terminated his employment July 21, 2001 with Tompkins County resulting in terminal pay of $2,114, plus fringes of $529, and
WHEREAS, an Emergency Services Dispatcher was absent from work for longer than two months, and
WHEREAS, the cost of unbudgeted replacement pay in the amount of $2,500 plus $625 in fringes for the period of May 14, 2001 through June 11, 2001 has been incurred by the Fire, Disaster, and EMS Department, and
WHEREAS, the Fiscal Policy of Tompkins County allows for reimbursement of terminal pay and replacement pay through the Contingent Fund, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:

FROM: A1990.54440 Contingent Fund $5,768
TO: A3410.51000551 Salary – Emergency Services Dispatcher $4,614
      A3410.58800 Fringes $1,154
SEQR ACTION: TYPE II-20

Report from the Public Works Committee

Mr. Lane, Chairman, reported the Committee met on December 11and received a tour of the new Public Works facility on Bostwick Road. The Committee also discussed the Beech Road Bridge in Newfield and authorized the Department to obtain a cost estimate for repair of the bridge. The remainder of the business is reflected on the agenda. Mr. Lane said C&S Engineers will be attending an upcoming Board meeting to discuss FAA grant fees and procedures.

RESOLUTION NO. 321 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY – HIGHWAY

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

WHEREAS, during 2001, the following employees terminated their employment with Tompkins County:
        Ward Hungerford, County Highway Manager (March 30, 2001) - $1,282
        James Wright, Sign Mechanic (February 14, 2001) - $17,883
and
WHEREAS, the Fiscal Policy of Tompkins County allows for reimbursement of terminal pay through the Contingent Fund, now therefore be it
RESOLVED, on recommendation of the Public Works and Budget and Capital Committees, That the Director of Finance is hereby authorized to make the following budget appropriations:
FROM: A1990.54440 Contingent Fund $19,165
TO: D3310.51000813 Salary – Sign Mechanic $ 1,026
D3310.58800 Fringes – Sign Mechanic $ 256
D5010.51000266 Salary – Highway Manager $14,306
D5010.58800 Fringes – Highway Manager $ 3,577
SEQR ACTION: TYPE II-20

RESOLUTION NO. 322 - AUTHORIZING ACCEPTANCE OF A SUPPLEMENTAL GRANT AGREEMENT (NO. 6) TO THE 10-YEAR MASTER AGREEMENT FROM THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) – FOR THE FOLLOWING ROJECTS: (1) EXPAND, MARK AND LIGHT GENERAL AVIATION RAMP (PHASE II); (2) PURCHASE RUNWAY FRICTION METER; PURCHASE AND INSTALL PASSENGER BOARDING BRIDGE; (3) ACQUIRE LAND IN FEE SIMPLE TITLE FOR RUNWAY 14 APPROACH END; (4) REHABILITATE GENERAL AVIATION RAMP NEAR OLD TERMINAL BUILDING;(5) PERFORM ON-AIRPORT OBSTRUCTION REMOVAL TO RUNWAY 32 APPROACH END; AND (6) EXPAND EXISTING AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) BUILDING (PIN. 3902.97/.98/.99/.02/K50699) – ITHACA TOMPKINS REGIONAL AIRPORT

MOVED by Mr. Lane, seconded by Ms. McBean, and unanimously adopted by voice vote by members present.

WHEREAS, New York State Department of Transportation (NYSDOT) has offered matching grants to the federal (FAA) grants for the projects listed in the resolution title, above, said FAA grants being accepted by the Board of Representatives through Resolution No. 106 on May 15, 2001; Resolutions No. 223 and 224 on September 19, 2001; and Resolution No. 230 on October 2, 2001, and
WHEREAS, the total budget for the projects listed above is as follows:
FAA Share (90.0%) Account No. HT 5601.44592 $2,248,618
NYSDOT Share ( 5.0%) Account No. HT 5601.43592 $ 124,922
Local Share ( 5.0%) Account No. HT 5601.45031 $ 124,925
TOTAL Account No. HT 5601.59293 $2,498,465
Airline Rates and Charges
and
WHEREAS, the NYSDOT share may be increased by up to fifteen percent to a maximum of $143,661 based on approved eligible costs, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the NYSDOT Supplemental Agreement No. 6 be and hereby is accepted and the County Administrator is authorized to execute the required documents.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 323 - AUDIT OF FINAL PAYMENT – TOMPKINS COUNTY SOLID WASTE FACILITY CONSTRUCTION MATERIALS RE-USE BUILDING

MOVED by Mr. Lane, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present.

WHEREAS, Kasonic Builders has completed their general contract for the Tompkins County Solid Waste Facility Re-use building, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the following claim against the County of Tompkins be and hereby is audited by the Board of Representatives:
Vendor Payment Request Account NumberAmount
Kasonic Builders 6 Final HH.8164.59239.81.69 $8,982.50
RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HH8164.59239.81.69.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 324 - AUTHORIZATION TO ISSUE DESIGN AND RIGHT-OF-WAY PLAN APPROVALS – CR 105, CORTLAND-McLEAN ROAD RECONSTRUCTION AND BRIDGE REPLACEMENT (BIN 3314250) - PIN 375241

MOVED by Mr. Lane, seconded by Mr. Totman, and unanimously adopted by voice vote by members present.

WHEREAS, Resolution No. 164 of 1997 authorized an agreement between Tompkins County and the State of New York Department of Transportation to fund the design of reconstruction of County Road 105, Cortland-McLean Road in the Town of Groton, between the Town of Dryden boundary and the Cortland County line, including replacement of the bridge carrying School Street over Fall Creek (BIN 3314250), and
WHEREAS, preliminary project design has been approved by the New York State Historic Preservation Office, Department of Transportation and Department of Environmental Conservation, and United States Fish and Wildlife Service in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and
WHEREAS, in accordance with applicable federal regulations and guidelines a Right-of-Way Plan has been prepared that indicates that acquisition of approximately eleven (11) parcels (fee ‘strip takings’ and permanent and temporary easements) is necessary, but that the individual and cumulative impacts of right-of-way acquisition are considered total de minimus in nature, and
WHEREAS, completion of all procedural requirements needed prior to project design approval and Right-of-Way Plan approval have been certified by the design consultant and approved by the County Highway Manager, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives, having reviewed project materials provided, hereby determines that this project is a Type II SEQRA action requiring no further environmental review,
RESOLVED, further, That the Chair of the Tompkins County Board of Representatives be and hereby is authorized to execute documents granting Design Approval whereby completion of project final design shall be authorized,
RESOLVED, further, That the Chair of the Tompkins County Board of Representatives or designee be and hereby is authorized to execute documents granting approval of the Right-of-Way Plan for the referenced project.
SEQR ACTION: Type II - 2

RESOLUTION NO. 325 - AUTHORIZING 2002 FEDERAL SECTION 5307 GRANTS – TOMPKINS CONSOLIDATED AREA TRANSIT

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

WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49 of the United States Code (formerly Section 9, Federal Transit Act of 1964), and
WHEREAS, the County of Tompkins is the designated recipient of Section 5307 urban- formula transit funds and will apply on behalf of Tompkins Consolidated Area Transit (TCAT) to receive and use said funds, and
WHEREAS, the County of Tompkins agrees that TCAT shall function as the Grantee under the Federal Grant Agreement to receive and dispense the Federal assistance funds described in this Grant and that TCAT, as the Grantee, shall assume all responsibilities for fulfilling all Federal terms and conditions as set forth in this Grant, and
WHEREAS, the County of Tompkins desires to submit a request for a grant of $657,668 to the Federal Transit Administration to be used for operating assistance and capital projects in 2002, as approved by the Ithaca-Tompkins County Transportation Council in the 2002-2006 Transportation Improvement Program, as amended, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives authorizes the County Contracts Coordinator to execute and file an application on behalf of the County of Tompkins with the United States Department of Transportation and the New York State Department of Transportation for the 2002 Section 5307 Grant,
RESOLVED, further, That the County Contracts Coordinator is authorized to execute a supplemental grant agreement on behalf of the County of Tompkins with the United States Department of Transportation and TCAT to formally designate TCAT as the Grantee for this grant and that the County is not in any manner subject to or responsible for the terms and conditions of this Grant Agreement and is a party to this Grant Agreement only to assign the right to receive and dispense Federal funds to TCAT as Grantee.
SEQR ACTION: TYPE II-20

RESOLUTION NO. 326 - DETERMINATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE NORTH TRIPHAMMER ROAD AND BRIDGE RECONSTRUCTION PROJECT

MOVED by Mr. Lane, seconded by Mr. Lalley, and unanimously adopted by voice vote by members present.

WHEREAS, Resolution No. 29 of 2001 authorized Tompkins County to finalize the design for the reconstruction of North Triphammer Road and the replacement of an existing bridge (BIN 3314360) in the Town of Lansing, and
WHEREAS, the project is being conducted jointly, under the purview of the New York State Department of Transportation (NYSDOT) and the Federal Highway Administration (FHwA), and these agencies have performed the required environmental reviews and determined that under their guidelines this project is classified as a "NEPA (National Environmental Policy Act) Categorical Exclusion" and a "SEQRA (State Environmental Quality Review Act) Non-Type II", both concurring that the project will have no significant impacts, and
WHEREAS, this project has been reviewed and classified as an "Unlisted Action" under the SEQRA, as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and
WHEREAS, the Short Environmental Assessment Form has been completed and reviewed in conjunction with determinations made by both NYSDOT and the FHwA, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives has reviewed the proposed project and determined that the action will not have a significant impact,
RESOLVED, further, That the County Board of Representatives hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for this project.
SEQR ACTION: UNLISTED
(Short Environmental Assessment Form prepared)

RESOLUTION NO. 327 - AUTHORIZATION TO ACQUIRE RIGHT OF WAY – NORTH TRIPHAMMER ROAD AND BRIDGE RECONSTRUCTION - PIN 375228 (BIN 3314360)

MOVED by Mr. Todd, seconded by Ms. Kiefer. Chair Mink granted Representative Lane permission to abstain from voting on this resolution because one of the properties is owned by a client of his law firm. A voice vote resulted as follows: Ayes –13, Noes – 0, Excused – 1 (Representative Proto); Abstentions – 1 (Representative Lane). RESOLUTION ADOPTED.

WHEREAS, Resolution No. 30 of 2001 authorized an agreement with the State of New York whereby State and Federal sources will furnish 95 percent of the funding necessary to acquire additional right-of-way for reconstruction of North Triphammer Road and the bridge thereon over Gulf Creek (BIN 3314360) in the Town of Lansing, and
WHEREAS, a project Right-of-Way Plan, approved via Resolution No. 200 of 2001, identified approximately eighty-nine (89) parcel acquisitions (indentures, permanent easements and temporary easements) needed from adjoining property owners to complete the work with compensation at fair market value, and
WHEREAS, the County Highway Manager has certified completion of all State and Federal procedural requirements needed for the acquisition of right-of-way for this project, and
WHEREAS, by Resolution No. 326 of 2001 the County Board of Representatives reviewed the proposed project, determined it will not have a significant environmental impact and issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the County Administrator or designee be and hereby is authorized to execute documents finalizing acquisition of right-of-way in accordance with the approved project Right-of-Way Plan,
RESOLVED, further, That payments for said transactions be and hereby are authorized from funds to be provided from capital account HZ5050.59239 (N. Triphammer Road).
SEQR ACTION: Unlisted
(Short Environmental Assessment Form Prepared)

RESOLUTION NO. 328 - AUTHORIZE APPLICATION FOR FEDERAL SECTION 5311 AND NEW YORK STATE TRANSPORTATION FUNDING FOR A CAPITAL PROJECT TO PURCHASE FIVE BUSES FOR RURAL TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) ROUTES

MOVED by Mr. Lane, seconded by Ms. Blanchard. A voice vote resulted as follows: Ayes – 13; Noes – 1 (Representative Kiefer); Excused – 1 (Representative Proto). RESOLUTION ADOPTED. Ms. Kiefer stated she does not support the purchase of any busses that are operated by diesel fuel.

WHEREAS, Tompkins County is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49, United States Code, for a project to purchase five buses to operate TCAT rural routes, and
WHEREAS, the TCAT rural routes serve the Towns of Ithaca, Ulysses, Enfield, Newfield, Danby, Caroline, Dryden and Groton in Tompkins County and the Towns of Richford, Berkshire and Newark Valley in Tioga County, and are operated by TCAT under contract by Tioga Transport, Inc., and
WHEREAS, three buses would be twelve-year, 40 foot, low-floor, diesel buses operated by TCAT and two buses would be ten-year, 30-foot, diesel buses operated by Tioga Transport, Inc., and
WHEREAS, the Project funding sources are as follows:
Federal Section 5311 $1,008,000
New York State Match $ 126,000
TCAT $ 126,000
TOTAL: $1,260,000
WHEREAS, Tompkins County and the State of New York are entering into an Agreement which authorizes the undertaking of the Project and payment of Federal and State shares of the project, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives authorizes said application and agreement for this project and that the Contracts Coordinator/Risk Manager is authorized to sign the application, and any an all agreements between Tompkins County and any third party subcontractors necessary to complete the project, if applicable; any Municipality/Vendor Contracts for the purchase and or installation of vehicles and equipment.
SEQR ACTION: TYPE II-20

Report and Presentation of Resolution(s) from the Planning Committee

Mr. Penniman, Chairman, reported the Committee has not met since the last Board meeting.

RESOLUTION NO. 329 - APPROPRIATION FROM CONTINGENT FUND - TERMINAL PAY - PLANNING DEPARTMENT

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

WHEREAS, staff members of the Tompkins County Planning Department resigned and retired and received terminal pay at the total cost of $19,363.25 as listed below, and
Community Development Planner – Jennifer Miller, June 30, 2001 $ 764.38
Circuit Rider Planner – Karen Flores, September 7, 2001 2,105.64
Commissioner – Jim Hanson, September 30, 2001 16,493.23
                                                                                $ 19,363.25
WHEREAS, Section 5.03 (B) of the County Fiscal Policy describes Departmental Entitlements, including contingent fund requests for the unbudgeted costs of terminal pay for employees, now therefore be it
RESOLVED, on recommendation of the Planning and the Budget and Capital Committees, That the following budget appropriation be made:
FROM: A1990.54400 Contingency Fund $ 19,363.25
TO: A8020.51000 Regular Pay $ 19,363.25
RESOLVED, further, That this adjustment is for 2001 and does not affect the Fiscal Target for 2002.
SEQR ACTION: TYPE II-20

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

Mrs. Schuler, Chair, reported the Committee will meet tomorrow and will hear reports from the Dental Advisory Committee and the Recreation Partnership.

RESOLUTION NO. 330 – APPROPRIATION FROM CONTINGENT FUND – MEDICAL EXAMINER – HEALTH DEPARTMENT

MOVED by Mrs. Schuler, seconded by Mr. Stein. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Proto). RESOLU TION ADOPTED.

WHEREAS, under Public Health Law, Tompkins County must certify unattended and suspicious deaths through a Medical Examiner system, and
WHEREAS, the number of deaths and the resulting autopsies, removals and forensic laboratories have exceeded budget allocations, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:
FROM: A1990.54440 Contingent Fund $21,820
TO: A4014.54442 Professional Service Fees $21,820
SEQR ACTION: TYPE II-20

RESOLUTION NO. 331 - AUTHORIZING CHANGES IN CHARGE STRUCTURE – TOMPKINS COUNTY HOME CARE - HEALTH DEPARTMENT

MOVED by Mrs. Schuler, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present. Mrs. Schuler noted that fees are set in December because data on which they are based only become available on December 1.

WHEREAS, Tompkins County’s accounting consultant, Michael McCarthy, CPA, has recommended changes in the Certified Home Health Agency fee structure to maximize Medicaid and Medicare revenues, and
WHEREAS, New York State currently promulgates rates on the day the County legislature approves them and it is therefore, desirable for Tompkins County to adopt the 2002 rates in December 2001, and
WHEREAS, all changes proposed were made to align charges with actual costs per unit of service as determined during Mr. McCarthy’s most recent financial and statistical analysis, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Tompkins County Health Department implements the charge structure below, as recommended by Michael McCarthy, CPA, in order to maximize Medicaid and Medicare revenues.

2002 Tompkins County Home Health Care Fee Schedule

2001 2002
Skilled Nursing $102.00 $110.00
High Tech Nursing $110.00 $115.00
Physical Therapy $ 92.00 $105.00
Speech Therapy $ 95.00 $105.00
Occupational Therapy $ 92.00 $105.00
Medical Social Work $ 90.00 $105.00
Home Health Aide $ 34.00/hour $ 36.00/hour
$ 65.00/visit $ 70.00/visit
SEQR ACTION: TYPE II - 20

RESOLUTION NO. 332 – APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY AND TERMINAL PAY – HEALTH DEPARTMENT

MOVED by Mrs. Schuler, seconded by Ms. McBean, and unanimously adopted by voice vote by members present.

WHEREAS, during 2001, the following employees terminated their employment with Tompkins County resulting in terminal pay of $7,234, plus fringes ($1,809):
Christina Morse, Community Health Nurse (3/30/01)
Kathleen Reichel, Community Health Nurse (3/19/01)
Anne Timmerman, Community Health Nurse (5/23/01)
and
WHERAS, an Account Clerk Typist in the Community Health Services Division has been absent from work for longer than two months, and
WHEREAS, the cost of unbudgeted replacement pay in the amount of $13,956 plus fringes ($3,489) for the period of January 1, 2001 through September 15, 2001 has been incurred by the Department, and
WHEREAS, the Fiscal Policy of Tompkins County allows for reimbursement of terminal pay and replacement pay through the Contingent Fund, and
WHEREAS, the Department operated with a deficit in 2000 in the amount of $6,015, and submitted a plan to repay this deficit by reducing the amount eligible from Contingent Fund, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:
FROM: A1990.54440 Contingent Fund $21,103
TO: A4016.51000513 Salary – Account Clerk Typist $ 7,941
A4016.51000580 Salary – Comm. Hlth. Nurse $ 7,234
A4016.58800 Fringes $ 5,298
SEQR ACTION: TYPE II-20

RESOLUTION NO. 333 – AUTHORIZATION FOR MANDATE CLASSIFICATION CHANGE – MEDICAL EXAMINER SERVICES

MOVED by Mrs. Schuler, seconded by Mr. Lalley, and unanimously adopted by voice vote by members present.

WHEREAS, Tompkins County is mandated to provide a Coroner or Medical Examiner by County Law, Article 8, Chapter 11 Section 400, and
WHEREAS, the County is mandated by County Law, Article 17-A to investigate and certify unattended and suspicious deaths, and
WHEREAS, the Department has very little control over the manner in which the service is provided, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That a program called Medical Examiner Services be created and classified as an ‘A’ mandate,
RESOLVED, further, That the following professional services shall be included: removals, autopsies, forensic laboratories and any special exams or tests as needed to rule on cause of death as authorized by the Medical Examiner.
SEQR ACTION: TYPE II-20

Report and Presentation of Resolutions from the Economic and Workforce Development Committee

Mr. Stein, Chairman, reported the Committee met today and discussed many items. He said the Library Director reported on steps that are being taken in response to the County's adopted 2002 budget. Tompkins County Area Development provided the Committee with a monthly report on activities; this will be copied and distributed to all Board members. The Committee also received a brief report on the Economic Development Strategy Plan by Martha Armstrong of TCAD. A report was distributed at the meeting and will be followed up by next year's Committee. Mr. Stein said the Committee discussed a proposed resolution in response to the Common Good Labor Organization request. The resolution outlines a statement of principles to guide the Board in any decisions that may be forthcoming. He also reported the Committee had a discussion about the Sciencenter's Wall of Inspiration and the selection process for honoring individuals. Since Tompkins County contributed $25,000, Tompkins County has the opportunity to sponsor a name. This is another item that will be followed-up on by the next Committee.

Mr. Stein said the Committee discussed the definition of a Bed and Breakfast. A recommendation will be coming to the full Board via a local law in 2002. The last item discussed by the Committee was a written report submitted by the Convention and Visitors Bureau on their winter tourism promotion plan.

RESOLUTION NO. 334 - APPOINTMENT TO THE INDUSTRIAL DEVELOPMENT AGENCY

MOVED by Mr. Stein, seconded by Ms. Blanchard. Mr. Lane said this vacancy was created by the untimely death of James Schug who was a very contributing member of the IDA. Mr. Winch said he knew James Schug as both a legislator and a businessman. He stated he cannot support this resolution because he thinks the seat should be filled by a business person. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Winch); Excused - 1 (Representative Proto). RESOLUTION ADOPTED.

WHEREAS, Section 856 of the General Municipal Law authorized that the Board of Representatives designate the members of Industrial Development Agency by resolution, now therefore be it
RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Barbara Mink be appointed to the Industrial Development Agency to serve at the pleasure of the Board, effective January 1, 2002, in the place and stead of James Schug,
RESOLVED, further, That the Clerk of the Board is authorized and directed to file with the Secretary of State a Certificate of Appointment.
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RESOLUTION NO. 335 - ESTABLISHMENT OF THE POSITION OF POET LAUREATE FOR TOMPKINS COUNTY

MOVED by Mr. Stein, seconded by Mr. Lalley, and unanimously adopted by voice vote by members present.

WHEREAS, poetry has long been considered a respected and important means to express ideas and to provide insights and meaning to everyday life, and
WHEREAS, poetry and poets can enrich the education of our youth, and
WHEREAS, there are many poets and several poetry groups currently in Tompkins County who are willing to share their works with the public, and
WHEREAS, encouraging that sharing can enrich the lives of people in Tompkins County if poets are brought more into the realm of public life, and
WHEREAS, the appointment of a Poet Laureate can enhance the County’s position as a cultural center and thereby encourage economic development through tourism, and
WHEREAS, the position of a Poet Laureate serving government and society dates back to the Fifteenth Century, with many of the most eminent poets in history occupying that public position, and
WHEREAS, the United States and many States and some cities already have established the position of Poet Laureate, now therefore be it
RESOLVED, on recommendation of the Economic and Workforce Development Committee, That said position is established as an honorary position with no salary, although an annual award or honorarium from non-County sources will be permissible and encouraged,
RESOLVED, further, That the first appointment shall be made for a two-year term by the Chair of the Board of Representatives, and subsequently for one-year terms,
RESOLVED, further, That the Board Chair, in making the appointment, shall seek advice and recommendations from groups and individuals in the County who have knowledge of local poets and poetry,
RESOLVED, further, That the Poet Laureate shall give a short reading at the opening of each year of the County Board,
RESOLVED, further, That additional activities during the term, except as otherwise specified in this resolution, will be defined by the person appointed to that position, but it is expected that he or she will mark our public life and public events with poetry that will, among other things, celebrate our unique geographical setting, and note transformational moments in the life of the County,
RESOLVED, further, That the Poet Laureate will be encouraged to undertake additional activities, which may include: meeting with school children to bring an understanding of poetry; holding a poetry contest for seniors or school children; giving a workshop for a particular segment of the community; and hosting a Day of Poetry with readings by various local poets, possibly in the County or town libraries or in the local schools.
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RESOLUTION NO. 336 - APPROPRIATION FROM CONTINGENT FUND – MOVING EXPENSES - FINGER LAKES LIBRARY SYSTEM

MOVED by Mr. Stein, seconded by Mrs. Schuler. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Proto). RESOLU TION ADOPTED.

WHEREAS, in the 2001 budget $5,000 was set aside for moving expenses incurred by the Finger Lakes Library System, and
WHEREAS, those funds are now needed, now therefore be it
RESOLVED, on recommendation of the Economic and Workforce Development 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 $ 5,000
To: A7410.54400 Program Expense $ 5,000
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Report and Presentation of Resolution(s) from the Charter Review Committee

Mr. Lane, Chairman, reported the Committee met on December 13^th, and the actions are reflected on the agenda.

RESOLUTION NO. 337 - ADOPTION OF LOCAL LAW NO. 8 OF 2001 – AMENDING CHAPTER 150 OF THE TOMPKINS COUNTY CHARTER – ARTICLE 3 – DEPARTMENT OF COUNTY ADMINISTRATION, ARTICLE 4 – DEPARTMENT OF ASSESSMENT, ARTICLE 27 – DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES

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

WHEREAS, historically both the Divisions of Assessment and Information Technology Services (ITS) have been part of the Department of Administration, and
WHEREAS, in recent years both Assessment and ITS have grown to be and function as more separate entities, and
WHEREAS, the Government Operations Committee, the Board Committee that deals with Assessment, ITS, and Administration, has considered how best to address these changes and has recommended that Assessment and ITS become separate departments, which requires a change in the County Charter, and
WHEREAS, a public hearing has been held before the Board of Representatives on December 18, 2001, to hear all persons interested in proposed Local Law No. 8 of 2001, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 8 of 2001 - Amending Chapter 150of the Tompkins County Charter – Article 3 – Department of County Administration, Article 4 – Department of Assessment, Article 27 – Department of Information Technology Services, be and hereby is adopted,
RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said Local Law, and shall within five (5) days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.
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Report and Presentation of Resolution(s) from the Library Construction Committee

Ms. Kiefer reported the Committee me this afternoon and actions are reflected on the agenda.

RESOLUTION NO. 338 - AUDIT OF FINAL PAYMENT – COLLINS & WALTON, INC., PLUMBING CONTRACTOR – TOMPKINS COUNTY PUBLIC LIBRARY

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

WHEREAS, Collins & Walton, Inc., Plumbing and Heating Contractor, has completed their plumbing contract for the Tompkins County Public Library, now therefore be it
RESOLVED, on recommendation of the Library Construction Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives:

Vendor Payment Request Account Number Amount
Collins & Walton, Inc. (9) Final HL7480.74.80 $5,119.98

RESOLVED, further, That the Finance Director be, and hereby is, authorized and directed to pay said claim from Account No. HL7480.74.80.
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RESOLUTION NO. 339 - AUDIT OF FINAL PAYMENT - R.C. DANIEL, INC., ELECTRICAL CONTRACTOR - TOMPKINS COUNTY PUBLIC LIBRARY

MOVED by Ms. Kiefer, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present.

WHEREAS, R.C. Daniel, Inc., Electrical Contractor, has completed their contract for the Tompkins County Public Library, now therefore be it
RESOLVED, on recommendation of the Library Construction Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives:
Vendor Payment Request Account No. Amount
R.C. Daniel, Inc. (16) Final HL7480.74.80 $19,363.53
RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HL7480.74.80.
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Report from the Communications Capital Project Committee

Ms. Blanchard, Chair, reported the Committee met this afternoon and spent most of the meeting discussing the items that the Committee is responsible for and a work plan for the coming year. She reported on the County's relationship with the Statewide network, and said they have learned the project will move forward and is expected to be deployed on a statewide basis in the next three to five years. Unfortunately, there will be no State funds to support Tompkins County's portion of our project. Ms. Blanchard also reported on the status of the County's request for proposals for upgrading the public safety communications system, and said the draft RFP is out for public comment and she expects a final RFP to be issued sometime near the end of January.

Ms. Blanchard reported on the status of the E911 centralized dispatch center, and said in order to proceed with design of the building they will need to lock in the memorandum of understanding with all the partners (Town of Ithaca, City of Ithaca, Ithaca City Fire Department, and Ithaca College). She said conversations have taken place recently with the architectural firm that have produced positive modifications that can be made to the building that will not compromise the functional purposes and will result in a building that can be built within budget.

Mr. Lalley updated the Board on the status of the paging project and said last week they finally executed an agreement with United Radio who was the vendor that responded to the RFP for the project. They will be preparing a report this spring and we expect to bid the project near the end of April.

Report from the Tompkins 2020 Committee

Mr. Koplinka-Loehr, Chairman, reported the Committee met on December 17 and discussed the draft report. The report will be sent to the designer in January.

Approval of Minutes of November 13 and 20, 2001

It was MOVED by Mr. Lalley, seconded by Mr. Totman, and unanimously adopted by voice vote by members present to approve the minutes of November 13 and 20, 2001. MINUTES APPROVED.

Adjournment

On motion the meeting adjourned at 7:36 p.m.