Called to Order

 Mr. Joseph called the meeting to order at 4:30 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; Legislator Booth arrived at 4:36 p.m.

Special Order of the Day - Announcement

 Chair Joseph announced at 6:30 p.m. there will be a public hearing on Proposed Local Law No.  6 of 2005 - A Local Law Amending Article 4 of the County Charter Providing for Assessments to be Conducted on a Schedule Determined by Resolution of the County Legislature.

Privilege of the Floor by the Public

 Cathy Valentino, Town of Ithaca Supervisor, spoke to the Legislature regarding the resolution to amend the Charter to allow assessments by resolution, and in particular, the proposal of a three-year assessment cycle.  She opposes a change to three-years and indicated it is not assessments that raises taxes but the tax levy itself.  Ms. Valentino commended the Legislature in its ability to reduce the levy and therefore the taxes on residents.  She said the real estate market is leveling out at this time and it could affect future taxes.  Ms. Valentino spoke of a reduction in State aid that would occur if the County went to a triennial cycle; she feels it would be difficult to send staff to training and limit work if this happens.  She said to maintain equity, assessors must assess every year.  She is impressed with the assessment staff and their fairness in reviewing assessments and does not believe anything would be gained by changing the present procedure and in fact it could make it worse.

 Legislator Booth arrived at this time.

 Steve Nicholson, resident of Caroline, the Chair of the Environmental Management Council, is also Co-Chair for Sustainable Tompkins, a member of the Tompkins Renewable Energy Education Alliance, the Caroline Energy Independence Committee, and Tompkins County Energy Partnership.  He said all of the groups and many others support the use of renewable energy.  He expressed support to the net-metering resolution on the agenda this evening.  He said while New York has 40 percent less solar installations than cities like Las Vegas or San Diego, it has twenty-five percent more than Germany, the worldwide leader in installed photovoltaic (PV) capacity.  Five years ago the County's 147 kW library system was at the time the largest on the east coast, it still is within the top 150 in the country.  Tompkins County is now one of the solar capitals of the country, if not the world, in terms of installed photovoltaics per capita.  Mr. Nicholson spoke of how he has encouraged the use of renewable energy and participated in the National Tour of Solar Homes and has seen a significant increase in visitors to his home.  This year there were 13 homes with at least 70 visitors to each.  He spoke of four companies installing renewable energy systems in our area with a long waiting list.  He said with the $4 per watt rebate New York is the third best incentive in the nation behind California and New Jersey.  This October, NYSERDA said 310 photovoltalic systems had been installed in the State; Tompkins County leads New York with 287 kW and in total number of systems at 36.  This is over $2 million in installations.  Mr. Nicholson shared international figures about installed PV:  Germany has 58 W per person, the Netherlands has 2W, and indicated Tompkins County is 2.9 watts per person.  Mr. Nicholson has spoken to Mr. Pekenis, Energy Analysis Program Manager of NYSERDA, who indicated no other county has come out in support of net metering and it would be useful for the Public Service Commission to hear.  Mr. Nicholson said Tompkins County's predominance in solar energy also requires the responsibility to assist in changing the net-metering laws and he hopes the resolution receives support.

 Ken Schlather, resident of Freeville, spoke of his experience internationally trying to better the lives of the people, and expressed his gratitude for all the work the Legislators have undertaken on behalf of the County in this regard.

 Emily Thompson of Reality Check spoke in support of the resolution to ban the sale of flavored cigarettes.  She shared information that showed the marketing strategies of the cigarette manufacturers that would tend to make smoking flavored cigarettes more enticing.

Youth Award

 Mr. Booth, District No. 3 Legislator, presented the children of Groton Elementary School with the December, 2005, Distinguished Youth Award for their Hurricane Katrina fundraising efforts.  Tristen Cooper and other classmates accepted the award and Interim Principal Dennis Wright spoke of the full community involvement in this activity.

Privilege of the Floor by Legislators

 Mr. Proto, District No. 7 Legislator, reported his New York State Electric and Gas bill was once again four days short of the normal cycle.  He has received several calls from individuals who also indicated they will be contacting the Public Service Commission and Attorney General to address this matter.  Mr. Proto said he has not yet been able to get a verified answer other than saying it is to realign their billing for a computer change.  He noted if it were to continue on a twenty-two day cycle it would mean 16.59 bills throughout the year, and having to pay two bills during some months.  He said the same is occurring with credit card companies and he believes it to be unfair and improper.

 Ms. Kiefer, District No. 10 Legislator, reported while at the MPO meeting this afternoon she learned there will be a January 26, 2006, meeting of a consortium of individuals hosting an Ithaca Car Share Summit.  She said it is hoped it will inspire and inform all interested in this concept.

 Ms. Schuler, District No. 4 Legislator, reported on the first and last meeting of 1990, when she began as Legislator.  On January 4, 1990:  Judge Friedlander administered the oath, Mr. Proto asked for a moment of silence for the Harris family, a public hearing was held regarding the proposed contract with USAir Group, Dan Winch reported on the establishment of a Neighborhood Advisory Committee for the Commercial Ave. Processing Facility site, on the agenda was an approval of contract with USAir Group, a contract with Terrestrial Environmental Specialists for wetland determination for DR-7 landfill, a discussion of the post office moving to Elmira, and the special committees of Airport Development and Mental Health Facility Planning were added.  On December 18, 1990:  a special presentation "Recycling a Love Story" video was shown, a Commendation and Appreciation was given for Sheriff Bob Howard who had served eight terms as Sheriff, beginning in 1963, and a Resolution entitled In Opposition to War in Persian Gulf that was individually filed by Barbara Mink.  Ms. Schuler spoke of the parallel of what happened in 1990 to this past year.

 Ms. Robertson, District No. 13 Legislator, indicated Ms. Thompson's remarks relate to a resolution on the agenda.  She then spoke of the Ithaca Free Clinic that will be opening in January.  The clinic will provide free medical service to individuals and is located on Fulton Street.  The clinic will also assist individuals in signing up for available services.

 Mr. Lane, District No. 14 Legislator, said he had the pleasure to serve on the Legislature for twelve years and is sorry to leave, that there is still a lot of work to be done.  He has had a wonderful opportunity to serve the people of his district and he wanted to thank them.  Mr. Lane spoke of the institutional memory of the Legislature that will be leaving and cautioned that it will mean reliance on staff, which could potentially influence decisions.  He then spoke of things he feels need to be accomplished such as the satellite garage on Caswell Road, he feels it would be better to seek a leasing agreement with Groton or Dryden Highway Departments.  In addition, he feels we need to inspect and review bridges in the county, work on the Route 13 corridor, and Intermunicipal cooperation.  He believes the billing of taxes is an area that would be good for this form of cooperation.  Mr. Lane expressed his belief that it will be difficult to have cooperation from the Town of Ithaca until leadership changes, noting several lawsuits that were expensive and unnecessary.  He feels the Recreation Partnership should continue, that the County's homeless shelter should be improved, and economic development needs more work.  Mr. Lane said with three members off the Industrial Development Agency that with reappointments he hopes a rural/urban split is maintained.  Mr. Lane then spoke of chairs on committees, saying it is good to have new chairs in the various areas.  He believes there should be a limit of three years for Chair of the Legislature and noted he would have proposed a Charter amendment to indicate this had he stayed.  Mr. Lane stated he does not believe use of rollover funds is the best policy to have in place; he would rather see fund balances.  He said he would miss working with the Legislature very much.

Report from Municipal Official(s)

 There was no report.

Addition of Resolution(s) to the Agenda

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

Withdrawal of Resolution(s) from the Agenda

Chair Joseph gave the appropriate committee chair permission to withdraw the resolutions entitled Delegation of Authority to Authorize Certain Tax Refunds and Credits of $2500 and Under, and Revision of Administrative Policy 02-14 - Performance Reviews from the agenda.

Approval of Resolution(s) Under the Consent Agenda

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

RESOLUTION NO. 254 - AUTHORIZING CHANGES IN CHARGE STRUCTURE -  TOMPKINS COUNTY HOME HEALTH CARE - HEALTH      DEPARTMENT

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

 WHEREAS, Tompkins County’s accounting consultant, John Kropski, CPA, of Freed Maxick & Battaglia, PC, 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 2006 rates in December 2005, and
 WHEREAS, all changes proposed were made to align charges with actual costs per unit of service as determined during Mr. Kropski’s most recent review of our financial and statistical data, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committee, That the Tompkins County Health Department implements the charge structure below, as recommended by John Kropski, CPA, in order to maximize Medicaid, Medicare and other third party revenues:
2006 Tompkins County Home Health Care Fee Schedule

     2003  2004/2005 2006
Skilled Nursing  $126.00  $140.00  $150.00
High Tech Nursing $135.00  $165.00  $185.00
Physical Therapy $105.00  $105.00  $110.00
Speech Therapy  $105.00  $105.00  $105.00
Occupational Therapy $105.00  $105.00  $105.00
Medical Social Work $105.00  $105.00  $105.00
Home Health Aide $  41.00/hour $  45.00/hour $  45.00
   $  75.00/visit $  90.00/visit $  90.00
 RESOLVED, further, That the Department sets the per hour Nursing Administrative Charge at sixty-two dollars ($62.00) per hour, for services as appropriate (i.e. rabies post exposure, hypertension screening clinics, etc).
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RESOLUTION NO. 255 - TEMPORARY INCREASE IN HOURS - PUBLIC HEALTH DIRECTOR AND DIRECTOR OF PATIENT SERVICES

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

WHEREAS, a staffing shortage has created a temporary need to increase the hours of the Public Health Director and the Director of Patient Services, and
WHEREAS, it is anticipated that this increase in hours would not be required beyond March of 2006, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the standard workweek for the position of Public Health Director (90-250) shall be temporarily increased from 35 hours per week to 37.5 hours per week effective December 4, 2005,
RESOLVED, further, That the standard workweek for the position of Director of Patient Services (88-230) shall be temporarily increased from 35 to 40 hours per week effective December 4, 2005,
RESOLVED, further, That the temporary increase in the authorized workweek for these two positions will sunset on March 25, 2006,
RESOLVED, further, That on March 26, 2006, the positions will revert to a standard workweek of 35 hours per week.
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RESOLUTION NO. 256 - APPROVAL OF CONTRACT FOR ARTS AND CULTURE  STABILIZATION - COMMUNITY ARTS PARTNERSHIP

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

WHEREAS, Community Arts Partnership (CAP) recognizes that the local arts and cultural community is a valuable and unique asset, and that a need exists to harness the power of the arts to develop tourism growth, and if strategically managed, that would stabilize and develop these assets to better serve tourists through well-planned marketing efforts, and
 WHEREAS, CAP was appointed to create a comprehensive arts marketing plan and develop and implement a plan for financial and operational stabilization of arts and cultural entities, and
WHEREAS, the arts and cultural community could better position itself in the marketplace to attract more visitors to and enhance visitors stay in Tompkins County, thus generating more dollars into the local economy, and
WHEREAS, funding exists within the Room Tax Occupancy budget for the Arts and Cultural Stabilization Plan program, and
WHEREAS, the Stabilization, Planning, and Development grant requests of the Arts and Cultural Stabilization Plan for $200,000 have been reviewed and recommended by the Strategic Tourism Planning Board, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That $200,000 be appropriated from the Room Occupancy Tax Fund as budgeted for 2006 for the Arts and Cultural Stabilization Grants, and CAP shall then disburse grants as follows:
     2004 Amount 2005 Amount      2006 Amount
Hangar Theatre……...….………. $ 30,000   $ 30,000        $30,000
Cayuga Chamber Orchestra……..$  20,000           $ 25,000         $20,000
Kitchen Theatre………………….$ 25,000   $ 25,000        $35,000
The History Center……..………..$ 20,000   $ 30,000        $23,000
PRI/Museum of the Earth            $20,000
Historic Ithaca (State Theatre)….. $ 30,000   $ 30,000
Stabilization Reserve Remaining           $52,000
Grants Total                  $125,000   $140,000       $180,000

RESOLVED, further, That, of the total program amount of $200,000, $20,000 (10 percent of program expenditures) shall be paid to CAP for administrative evaluation and oversight services,
RESOLVED, further, That the County Administrator or his designee is authorized to sign any agreements with CAP pertaining to this program for $200,000 ($180,000 for grants and $20,000 for program administration).
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RESOLUTION NO.  257 - TOWN AND CITY BUDGETS AND PRINTING OF TAX RATES

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

 WHEREAS, annually Tompkins County must keep a record of the adopted City and Town budgets and must in accordance with the laws of New York State, levy and collect property taxes per those adopted budgets, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That in accordance with the laws of the State of New York and with budgets adopted by the several town boards of the County of Tompkins now on file with the Clerk of the Legislature there be levied upon and collected from the taxable property of the several towns of the County and the City of Ithaca the sums contained in those budgets,
 RESOLVED, further, That said summaries of the budgets of the several towns of the County and the City of Ithaca be printed in the 2005 Proceedings of the Tompkins County Legislature,
 RESOLVED, further, That after the tax rates are ascertained for the various towns and the City of Ithaca, the Clerk shall print such rates in the 2005 Proceedings of the Legislature following budgets of the several towns and City.
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RESOLUTION NO. 258 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN  TAX AND SOLID WASTE FEE REFUNDS UNDER $500

 MOVED by Mr. Penniman, seconded by Ms. Robertson, and unanimously adopted by voice vote under the Consent Agenda.
 
 WHEREAS, Section 556 of the Real Property Tax Law authorized a tax levying body to delegate the payment of tax refunds due to a clerical error or an unlawful entry (an unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and
 WHEREAS, Solid Waste Fee refunds are authorized under Resolution No. 181 of 1996, and
 WHEREAS, it is the opinion of the Budget and Capital Committee, that such delegation would be more efficient in processing said refunds and therefore beneficial to the taxpayer, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the County Director of Assessment shall transmit refund recommendations to the County Administrator,
 RESOLVED, further, That the County Administrator is hereby authorized to make payments of any refunds of less than $500 as if the Tompkins County Legislature had performed this audit in compliance with Paragraph 1-7 of Section 566 of the Real Property Tax Law,
 RESOLVED, further, That any refund of $500 or more must be approved by the Tompkins County Legislature pursuant to Paragraph 8(b) of Section 556 of the Real Property Tax Law,
 RESOLVED, further, That the County Administrator shall transmit on or before the 15th day of each month a report to the Tompkins County Legislature of all the refunds processed,
 RESOLVED, further, That this resolution shall only be in effect during the calendar year 2006.
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RESOLUTION NO. 259 -  AUTHORIZATION TO DISBURSE FUNDS - COUNTY ADMINISTRATION

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

 WHEREAS, it is necessary to specify annually the manner of disbursement of appropriated funds, now therefore be it
 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 2006 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. 260 - CREATION OF, ABOLITION OF, AND CHANGES IN POSITIONS - VARIOUS DEPARTMENTS

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

 WHEREAS, the adopted 2006 Tompkins County Budget included creation of new positions, and adding additional persons into existing job titles, now therefore be it
 RESOLVED, on recommendation of the appropriate program committees of the Legislature, That the following positions be created effective January 1, 2006:

 Airport
 2.0 Airport Firefighter/Operations Technician Trainee (8/858), labor grade H (8), 40.0 hours per
week

Emergency Response
1.0 Asst. Fire and Emergency Management Director (82/169), labor grade L (82), 40.0 hours
per week

Facilities Division
1.0 HVAC Systems Technician (13/862), labor grade M (13), 40.0 hours per week

Health Department
1.0 Team Leader (16/656), labor grade P (16), 35.0 hours per week

Sheriff's Office
1.0 Deputy Sheriff (44/419), labor grade (44), 40.0 hours per week

Social Services
1.0 Senior Clerk (7/518), labor grade G (7), 35.0 hours per week
1.0 Housing Specialist (9/787), labor grade I (9), 35.0 hours per week
1.0 Registered Professional Nurse (14/565), labor grade N (14), 35.0 hours per week
1.0 Division Coordinator Trainee (14/786), labor grade N (14), 40.0 hours per week
1.0 Transportation Specialist - DSS (7/788), labor grade G (7), 35.0 hours per week

RESOLVED, further, That the hours of the following positions be changed as follows effective  January 1, 2006:

Health Department
1.0 Employee Safety and Health Coordinator (83/297), labor grade M (83), decrease the
position and approved hours from 40.0 to 35.0 per week.
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RESOLUTION NO. 261 - CORRECTION OF ERRORS

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

 WHEREAS, it is important that official minutes and reports be accurately written, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Clerk of the Legislature be and hereby is authorized to correct any manifest errors in the 2005 minutes of the Legislature or in reports of any committees.
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RESOLUTION NO. 262 - IN SUPPORT OF NET METERING FOR SOLAR AND WIND POWERED ELECTRICITY PRODUCED BY ALL TYPES OF ELECTRIC CUSTOMERS, INCLUDING BUSINESSES AND INSTITUTIONS

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

WHEREAS, the electricity industry is the largest source of global warming pollution in the United States, with 40 percent of U.S. carbon dioxide emissions coming from electric power generation, and
WHEREAS, energy independence and the reduction of our reliance on fossil fuels can enhance our national economic security, and
WHEREAS, upon recommendation of the Governor, the New York State Public Service Commission in 2004 adopted a Renewable Energy Portfolio Standard (RPS) of producing twenty-five percent of electricity from renewable sources by 2013, and
WHEREAS, the New York State Public Service Commission has estimated the total cost to develop sufficient energy sources to meet the New York State RPS is not expected to increase energy costs for consumers by more than one percent, and
WHEREAS, to meet this target, New York State will need to add approximately 3,700 megawatts of renewable resource generation capacity, and
WHEREAS, Tompkins County in 2001 adopted its own 2008 goal of reducing greenhouse gas emissions twenty percent below what they were in 1998, and in 2004 adopted its own goal of having 5% of its electricity generated from renewable resources by 2008, and
WHEREAS Tompkins County annually generates approximately 1.5 percent of its electrical need from its solar photovoltaic array on the Tompkins County Public Library, and
WHEREAS, commercial and institutional electric customers in New York State may generate electricity from solar energy or wind, but they currently lack the right to sell their surplus power to their local utility company (called “net metering”), while residential customers have been afforded this right since 1997 for solar and since 2004 for wind, and
WHEREAS, solar electricity provides power during peak summer periods when it is most needed, thus reducing the need for additional fossil-fuel generation capacity,
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature supports legislation that will provide the right to all electric customers in New York State to produce solar and wind electricity and to sell smaller amounts of surplus power (for systems up to 25 kilowatts) to their local electric utility at the retail rate, and to sell larger amounts of surplus power (systems larger than 25 kilowatts) to their local electric utility at the wholesale rate,
RESOLVED, further, That a copy of this resolution shall be sent to Assemblyperson Barbara Lifton, Senator James Seward, Senator George Winner, Senator Michael Nozzolio, and the Public Service Commission.
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RESOLUTION NO. 263 - ACCEPTANCE OF STATE HOMELAND SECURITY GRANT -  EMERGENCY RESPONSE CENTER

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

 WHEREAS, the State Homeland Security Program (SHSP) has allocated funding in the amount of $65,000 for Tompkins County's public safety responders through a grant program to be administered through the Department of Emergency Response, and
 WHEREAS, the funds will be advanced to the County for use by the end of Federal Fiscal Year 2005-2006 in the implementation of State and local terrorism response strategies, and
 WHEREAS, the funds must strictly support planning, equipment, training, and exercise needs associated with preparedness and prevention activities for terrorist events using weapons of mass destruction involving chemical, biological, radiological, nuclear, and explosive materials, and
 WHEREAS, comprehensive first responder training and agency equipment needs meet eligibility requirements of the program and are consistent with local public safety needs and initiatives, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts the SHSP funding for responder training and equipment activities, and hereby assigns the Department of Emergency Response to administer the local program pursuant to the review of the Public Safety Committee,
 RESOLVED, further, That the Finance Director is hereby authorized to make the following adjustment:

FROM:  (2006) 3410.43389 Other Public Safety $65,000
TO:  (2006) 3410.54400 Program Expense $65,000
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Approval of Appointment(s) Under the Consent Agenda

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

Hillview Road Landfill Citizens Advisory Committee
Joel Gagnon Neighborhood 12/31/2009

Environmental Management Council
Michael Miles Town of Enfield 12/31/2006
Roger Yonkin At-Large #1 12/31/2007
Scott Doyle At-Large #2 12/31/2007
Ashley M. Miller At-Large #3 12/31/2007
Gary Stewart At-Large #4 12/31/2007
Mark Whitmore At-Large #5 12/31/2007
Neha Khanna At-Large #6 12/31/2007
Emily Rochon At-Large 12/31/2007
Amy Chaffee At-Large  12/31/2006

Water Resources Council
John Andersson Environmental Health 12/31/2008
Todd S. Miller  USGS 12/31/2008
Nick Schipanski At-Large 12/31/2008
Paul F. Tunison At-Large 12/31/2008
Roger Yonkin EMC 12/31/2008
Tania Schusler Cooperative Extension 12/31/2008
Bud Shattuck Municipal 12/31/2007
Catherine Valentino Municipal 12/31/2008

Planning Advisory Board
Andrew Zepp Land Preservation 12/31/2008
Michael Stamm Economic Development  12/31/2008
John Gutenberger Education #2 12/31/2008
Fernando DeAragon Transportation 12/31/2008
Thomas E. Gerow At-Large 12/31/2008

Community Mental Health Services Board
Mary Hutchens   12/31/2009
Stu Bergman  12/31/2009

Substance Abuse Subcommittee
Thomas Lipa Community Member 12/31/2009
Thomas Schlee Community Member 12/31/2009
Stu Bergman Board Member  12/31/2009

Personal Emergency Response Service Advisory Board
Joan E. Murphy Visiting Nurses Services 12/31/2007

Mental Health Subcommittee
Adrienne Lampert  At-Large 12/31/2009
Linda Millaine Pierro Community Member 12/31/2009
Mary Hutchens Board Member 12/31/2009

Youth Services Board
Dr. Jeffry Bishop  At-Large 12/31/2008

Office for the Aging Advisory Committee
Donna Jean A. Darling  12/31/2008
Robert Spaulding  12/31/2008
Marie Layer  12/31/2008

Criminal Justice Advisory/Alternatives to Incarceration Board
Louise Miller Agency representing a crime victim 12/31/2008
James Salk Town or Village Court 12/31/2007
Marilyn Ray At-Large 12/31/2008
Susan Robinson At-Large 12/31/2008

Emergency Communications Review and Oversight Committee
Lee Shurtleff Director of Emergency Response 12/31/2008
Peter Meskill Sheriff 12/31/2008
Kenneth W. Lansing Village Police Chief 12/31/2008
Lin Hurd Communications Center Manager 12/31/2008
Vincent Monticello Ithaca Police Department  12/31/2008
Tim Bangs Commercial Ambulance Service 12/31/2008

STOP-DWI Advisory Board
Patricia A. Buechel Probation Department 12/31/2008
James Steinmetz Village Police Department 12/31/2008
Charles E. Howard At-Large  12/31/2008

Family Court Advisory Council
Joanne Conway Pietrasz Mental Health 12/31/2008
Chris Ion Probation 12/31/2008

Advisory Board on Indigent Representation
Gino Bush  12/31/2008

Library Board of Trustees
David Weil  12/31/2008
Eric Acree  12/31/2008
Robert G. Sullivan  12/31/2008

Board of Human Rights Commissioners
Stel Walton Whitehead   12/31/2008

Fish and Wildlife Management Board
Ronald Updike Sportsman Representative 12/31/2007

Soil and Water Conservation District
Ronald Updike N/A 12/31/2008
Frank P. Proto County Legislator 12/31/2006
Gregory Stevenson  County Legislator 12/31/2006
Daniel J. Carey Farm Bureau 12/31/2008

Appointment to Advisory Board

 Mr. Totman inquired about the appointment of Mr. Miller to the Water Resources Council due to his residence being outside of the County.  It was explained that Mr. Miller's position is one of appointment from the United States Geological Survey office as an ex-officio, non-voting member.

 It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment:

Water Resources Council
Todd S. Miller  USGS 12/31/2008

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

RESOLUTION NO. 264 - CHARGING A FLAT-FEE STRUCTURE FOR CARS, PICK-UP TRUCKS AND FULL SIZE VANS, TIPPING OF GARBAGE AT THE RECYCLING AND SOLID WASTE CENTER (RSWC)

 MOVED by Mr. Penniman, seconded by Mr. Booth.  Mr. Booth spoke of the need to review County policy regarding bringing solid waste to the facility, noting he believes this action may encourage that method of disposal.  Mr. Penniman stated he pulled the resolution off consent to draw attention to the new policy that will begin in March 2006.  Mr. Proto asked that sufficient advertising take place to notify residents and was informed the 2006 budget includes advertising for this new policy, including a mailing to those currently holding a permit.  Ms. Herrera said this resolution will also assist in alleviating the gridlock of vehicles presently occurring at the facility.  Ms. Schuler stated a concern she has had is the potential for an increase in illegal dumping in gorges and other areas of the County and asked that the matter be reviewed once the policy is in force.

 A voice vote on the motion resulted as follows:  Ayes - 14; Noes - 1 (Legislator Stevenson)  RESOLUTION APPROVED.

WHEREAS, customer usage of the Recycling and Solid Waste Center has increased to the point of causing long waits and safety concerns, and
WHEREAS, the main cause of the gridlock has been identified as the weighing out of vehicles at the scale house, and
 WHEREAS, according to a study by Barton and Loguidice working with Cornell University Operations Research students, commissioned by the Solid Waste Division, 90 percent of relevant scale house traffic comes from cars, pick-up trucks and full size vans, (45 percent pick-ups, 40 percent cars, and 5 percent vans) so that focusing on these vehicles to reduce delays would be a sensible approach, and
WHEREAS, engineering modeling completed as part of the study projected that eliminating the need for most of these vehicles to weigh out at the scale house would alleviate the congestion problem of traffic and lead to a safer flow within the facility, and
WHEREAS, in order to comply with State and Federal Regulations the Tompkins County Department of Weights and Measures has informed the Solid Waste Division that the vehicle scale at the RSWC cannot be used to weigh net loads smaller than 1,000 pounds, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget and Capital Committees, That all vehicles with loads less than 1,000 pounds should be assessed a fee during 2006 in accordance with the fee structure below:
 
Vehicles* Payment Method Fee
Cars, minivans, sport utility vehicles Flat rate coupon atdrop-off area $5.00
Pick-up Trucks Flat-fee at scale house $10.00
Full-size vans Flat-fee at scale house $10.00

 RESOLVED, further, That the Solid Waste Division continue to make punch cards available at $2.00 per bag to provide incentives for reducing waste,
RESOLVED, further, That vehicles with load weights greater than or equal to 1,000 pounds be charged the per ton disposal fee,
RESOLVED, further, That these changes take effect on March 1, 2006, with appropriate public notification,
RESOLVED, further, That this new system will be evaluated by June 15, 2006, with further adjustments if necessary.
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*FOR PURPOSE OF CLARIFICATION THE ATTACHED TABLE PROVIDES A DETAILED SCHEDULE OF THE VEHICLE CLASSIFICATION

Types of vehicles in each class

Vehicle Class Vehicles Types
AutomobilePick-up TrucksVans 2 door sedans4 door sedansSUVSuburbanStation WagonsMini vansHummerAll sizes - excludes truck that have been significantly altered such as, stake body and such as flatbeds.DMV designation by use (cargo vans, panel vans, work vans).

Explanation:

The Department of Weights And Measures informed the County Solid Waste Management Division that a State law passed in prior to 1988, effects our use of scales and because our scale-house scales register in increments of 20 pounds and the law does not allow weighing of net loads of less than 50 times the scale interval (50 x 20 = 1000), it is illegal for Tompkins County to use a weight-based fee for vehicles with a net load garbage weight of less than 1,000 pounds.  The State had determined not to enforce this until complaints were received.  This has occurred this past year and it must now be enforced.

In an effort to reduce waiting time at the scale, improve safety, and comply with State and Federal Regulations the vehicle weigh scale at the RSWC cannot be used to weigh net loads smaller than 1,000 pounds, it was necessary to develop a fair and reasonable means to allow residents and businesses to continue to bring their solid waste to the facility.  Following a traffic study by Barton and Loguidice working with Cornell University Operations Research students relating to the County Solid Waste Division, it was determined the flat fee system would be the most efficient method to relieve traffic flow, improve safety, and comply with regulations.

Individuals with cars will not enter the facility via the scales but proceed directly to the public drop-off area where they will utilize a coupon system to pay for their load and then exit without stopping at the scale-house.  Pick up trucks and full-size vans will have a standard tare weight determined as a result of previous or initial use of the facility prior to implementation.  When entering the facility they will still enter on the scale where the permit number is entered, providing the tare information.  If the total weight minus tare is less than 1,000 pounds they will be assessed the $10.00 fee, pay at the scale-house, proceed from the point to the tipping floor and then exit the same as cars.  If the pick up truck weight above tare is over 1,000 pounds, the current weighing process will be utilized and the customer will pay for the actual tonnage upon exiting the facility.

Presentation - Communications Capital Project

 Mr. Wood, County Attorney, reviewed the resolution being presented to the Legislature, noting the resolution relating to the Final Environmental Impact Statements required to be acted upon first.  He noted it includes the comments received by individuals and responses and any changes made to the Environmental Impact Statement as a result of the comments and responses.  Mr. Wood said as a result of the comments, modifications were made such as noise mufflers at three sites and the largest change was that the North Danby site was moved approximately 400 feet south to be further away from residences.  He then reviewed the payment schedules, recourses available in the event of defaults, and the proposed ten percent retainer of the contract amount pending operation.  It was noted the work on the site contract is scheduled to begin in January, with construction on the tower and building equipment to take place three months later.

 Mr. Wood then spoke about the resolution that covered the contract for the paging system and that it would be using much the same infrastructure as Motorola.  Mobile data system bids would be in the future as it is not clear what system would be the best to use.

 Mr. Whicher reviewed the accounting information provided to Legislators and stated the funding for the project is somewhat complicated.  At this time there is $1.2 million in the project fund with an additional $1 million budgeted in 2006 as well as $1 million in Federal grants, with another $2 million grant being requested.  He said funding for the project has been calculated within the tax levy and if costs come in as presently estimated no additional funds should be necessary.  If the project comes in at a higher cost due to increases in construction costs there may be the need to request additional funding.  Mr. Whicher spoke of the annual maintenance costs that could range between $150,000 - $350,000 based on a final determination of what specific features are chosen; mobile data maintenance contracts are estimated at $150,000, bringing the total estimated annual maintenance to between $300,000 and $500,000.  He said presently there is $100,000 in the Emergency Response budget for maintenance with an anticipated revenue from co-locations to be $100,000.  Discussions with the State regarding the State-Wide-Network and other potential co-locators are estimated to bring in between $100,000 to $300,000 in revenue.  This would mean the annual maintenance costs would be covered mainly through co-location agreements.

 Mr. Wood clarified that the resolutions before the Legislature represent the recommendations of the team who worked on the project.  Mr. Whicher expressed his gratitude to those working on the project:  Joan Jurkowich and Katie Borgella of the Planning Department; Greg Potter, Information Technology Services Director; David Squires, Finance Director; Jonathan Wood, County Attorney; Jackie Kippola, Contracts Coordinator; Lee Shurtleff, Director, and Jack Krantz of Emergency Response; as well as the SSI contractor; Joe McMullen of Motorola; Legislator Booth; and a special thank you to Legislator Blanchard for having started this project many years ago.

 Mr. Proto inquired if anything is known regarding the subscriber equipment for fire companies and highway departments and was informed by Mr. Whicher that there are multiple levels of equipment in this category, with paging units for fire companies and municipalities units being a local financial responsibility.  He said the mobile radios in the trucks and police cars will be the County's responsibility.  The hand-held radio unit funding is still being discussed; additional grants are being applied for to help support those expenditures.  The highway units will be multiple partners desiring access to the system in the future, those are not anticipated by the County to be an expenditure.  Mr. Whicher stressed that first and foremost the system is for the public safety responders.  Mr. Proto asked about costs and was informed he will be provided by Mr. Whicher a copy of the price list for the various equipment.

 Ms. Kiefer inquired whether the resolution entitled "Adoption of the SEQRA Findings Statement and Decision to Undertake the Public Safety Communications System Project" had any revisions and was informed it did not.  She then addressed the Final Environmental Impact Statement (FEIS), specifically two questions she felt were not satisfactorily addressed.  Ms. Kiefer had submitted these comments to Ms. Jurkowich and the Public Safety Committee, she is uncertain how they had been answered.   She requested that if they had been answered a short addendum be made to the FEIS to clarify her concerns.  Ms. Blanchard said in regard to FEIS p. 2-9, Kiefer Q#3 and Response, which Ms. Kiefer stated in her memo that the Communications Capital Committee could have extended the RFP deadline but chose not to with relation to MA-COM, was an accurate statement.  She suggested that the statement be modified to read, "The County's Communications Capital Committee could have extended the RFP deadline, it chose not to because there was very little known about the MA-COM system and there were concerns about the system's compatibility with our existing Legacy system and the CAD interface."

 Mr. Wood did not recommend having the modifications put as an addendum to the FEIS, but rather have them recorded within the minutes of the Legislature.  Ms. Kiefer asked why he felt that way.   Mr. Wood stated that under SEQR, once a FEIS is accepted ten days are to be allowed for final comments prior to approval.  If an addendum is added it could be argued that another ten days should pass prior to approval.  Ms. Kiefer noted her disagreement with this, that she did not believe it would require the additional elapsed ten days.

 In response to the other question Ms. Kiefer had submitted asking if the County's system is designed to transition to 700 MHz, which was not adequately answered in the FEIS, Mr. Shurtleff stated the answer is "yes", the County's 800-MHz system could transition to the 700 MHz system when the frequencies are available.

 Ms. Robertson thanked Ms. Kiefer for her thorough review of the information contained in the FEIS.

RESOLUTION NO. 265 - ADOPTION OF THE SEQRA FINDINGS STATEMENT AND DECISION TO UNDERTAKE THE PUBLIC SAFETY       COMMUNICATIONS SYSTEM PROJECT

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

 It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to amend the title of the resolution to read, "Adoption of SEQRA Finding Statement, Decision to Undertake the Public Safety Communication System Project, and Approval of Addendum to FEIS."  Mr. Booth stated he is in opposition to the amendment as the County Attorney did not recommend an addendum to the FEIS at this time.  Ms. Kiefer said addendums have been added on occasion and it has not ever led to the need for an additional ten days, that it is a correction.  Mrs. McBean-Clairborne agrees with Mr. Wood; she believes it is not substantive that it could be reflected within the minutes.  A voice vote on the motion resulted as follows:  Ayes - 1 (Legislator Kiefer); Noes - 14.  MOTION FAILED.

 Mr. Joseph asked if anyone desired to have an amendment to the finding statement, no one desired to do so.

 A vote on the resolution resulted as follows:  Ayes - 15; Noes - 0.  RESOLUTION ADOPTED.

 WHEREAS, this Legislature, as lead agency, by Resolution No. 307, dated December 19, 2000, authorized the filing of a “Positive Declaration” for the Tompkins County Public Safety Communications System Project, pursuant to 6 NYCRR Section 617.7, and
 WHEREAS, the Final Scoping Document for the Draft Environmental Impact Statement was filed on December 12, 2001, and
 WHEREAS, this Legislature, by Resolution No. 209, dated October 18, 2005, determined the Draft Environmental Impact Statement to be complete, pursuant to 6 NYCRR Section 617.9, and
 WHEREAS, the 30-day public comment period on the Draft Environmental Impact Statement was commenced on October 19, 2005, and
 WHEREAS, the Draft Environmental Impact Statement was distributed to State and local agencies and made available to the public in several local libraries, local government offices, and on the County’s website, and
 WHEREAS, a properly noticed public hearing was held on the Draft Environmental Impact Statement on November 3, 2005, and
 WHEREAS, a Final Environmental Impact Statement was prepared that included responses to all substantive comments received on the Draft Environmental Impact Statement and additional mitigation measures, and
 WHEREAS, on December 9, 2005, the Final Environmental Impact Statement was determined to be complete and distributed to state and local agencies and other interested parties and made available in several local government offices and on the County’s website, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That, after careful and thorough consideration, this Legislature finds the construction and operation of the Public Safety Communications System to be environmentally sound and the best alternative to provide a reliable emergency communications system to protect and benefit the entire County,
 RESOLVED, further, That this Legislature, as lead agency, adopts and issues the attached Findings Statement, and certifies under Section 8-1019.8 of the Environmental Conservation Law and 6 NYCRR Section 617.11 that:
1. This Legislature has carefully examined and given due consideration to the relevant environmental impacts, facts, and conclusions disclosed in the Draft and Final Environmental Impact Statements and public comments on those documents.
2. The requirements of Article 8 of the New York State Environmental Conservation Law, and regulations promulgated thereunder at 6 NYCRR Part 617, have been met and fully satisfied.
3. This Legislature has carefully weighed and balanced the relevant environmental impacts with social, economic, and other essential considerations.
4. The attached Findings Statement sets forth this Legislature’s judgment and rationale for moving ahead with the Public Safety Communications System Project.
5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the Public Safety Communications System Project is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating, as conditions to the decision, those mitigative measures which were identified as practicable.
 RESOLVED, further, That this Legislature approves the Public Safety Communications System Project.
SEQR ACTION:  TYPE I

____________________

Attachment to Resolution No. 265 of 2005

SEQRA FINDINGS STATEMENT AND DECISION
Tompkins County Legislature
Public Safety Communications System
Tompkins County, New York

Pursuant to the State Environmental Quality Review Act (“SEQRA”), Article 8 of the Environmental Conservation Law and its implementing regulations at 6 NYCRR Part 617, the Tompkins County Legislature, as lead agency, makes the following findings:

NAME OF ACTION

Public Safety Communications System
SEQRA Classification: Type I

DESCRIPTION OF THE ACTION

The proposed action is the approval, construction and operation of the Tompkins County Public Safety Communications System (“PSCS” or the “Project”).  The PSCS is a wireless public safety communication system using digital, trunked 800 MHz frequency technology that will replace the existing public safety communications network.  The network is used by first responders to emergencies, including fire, police, sheriff, and ambulance.  Project components include construction of four new tower facilities and upgrades or replacements to five existing tower facilities.  In addition to the nine sites being developed as part of the Project, a tenth site, the South Hill site in the City of Ithaca has previously been reviewed and approved for the County’s use.

The new towers will be less than 200 feet high, free-standing lattice construction and unlighted.  Each will be equipped with various antenna and microwave dishes.  Additional site facilities include access drives, shelters for emergency generators and electrical equipment, above-ground propane tanks, security fencing, and electrical service.

LOCATION OF THE ACTION

The Project will be located in Tompkins County and will involve the construction or upgrade of nine transmission towers.  Of the nine transmission towers, only four sites would be constructed at new locations.  The remaining five sites will reuse or share existing structures or will be rebuilt on the site of an existing tower.  The nine proposed sites are identified by their locations within the towns of Caroline, Danby (North), Danby (South), Dryden (East), Dryden (West), Enfield, Groton, Newfield (North), and Newfield (South).

AGENCY JURISDICTION

The Tompkins County Legislature is the lead agency for the current action.  It is the agency that will directly undertake the proposed Project.

DATES DRAFT AND FINAL EIS ACCEPTED

Draft EIS: October 18, 2005

Final EIS: December 9, 2005

CONTACT PERSON

Joan Jurkowich
Deputy Commissioner of Planning
121 E. Court Street
Ithaca, NY  14850
(607) 274-5560

FACTS AND INFORMATION RELIED UPON TO SUPPORT THE DECISION

I. INTRODUCTION

This document is intended to serve as the SEQRA Findings Statement and decision by the Tompkins County Legislature (“County”) as lead agency to undertake the construction and operation of a wireless 800 MHz Public Safety Communications System (the “Project”).  It was prepared in compliance with Article 8 of the Environmental Conservation Law and its implementing regulations at 6 NYCRR Part 617.  This Findings Statement includes a description of the proposed action, a summary of SEQRA procedural compliance, an identification of potentially significant adverse and beneficial environmental impacts anticipated as a result of the action, and a reasoned elaboration of how the County, as project sponsor, will minimize or avoid these potential adverse effects to the greatest extent practicable, in light of social, economic, and other essential considerations.

SEQRA was designed to foster a careful review by all interested parties of any potentially significant adverse environmental impacts at the earliest possible time, when discussion of such impacts has the most meaning.  This review is conducted when the project is still in its conceptual and formulative stages, prior to any agency decisions.

This environmental review has afforded the County and any other involved agencies a clear understanding of the potential adverse environmental impacts that might arise from the actual construction and operation of the Project.  The County has carefully and thoroughly reviewed the information contained in the Final Environmental Impact Statement (“FEIS”), including the Draft Environmental Impact Statement (“DEIS”) and its Appendices, which together constitute the FEIS, and oral and written comments thereon received from the general public.  The County found it to be an adequate examination of all important potential impacts which may result from the Project.

Furthermore, comments received on that information and responses to that commentary were included in the FEIS.  The County has carefully and thoroughly reviewed and determined both the DEIS and FEIS to be adequate and complete.

On balance, and after careful consideration of all relevant documentation and comments, the County believes it has more than adequate information to evaluate all of the benefits and potential adverse environmental impacts of the Project.

II.   PROJECT DESCRIPTION

The ten tower system was designed to provide the broadest possible coverage for the entire County.  With the proposed configuration, it is estimated that coverage will approximate 95%.  The County undertook substantial planning in order to maximize coverage while reducing Project impacts and costs.  Each of the tower sites is an integral part of the entire system.  Elimination or substantial relocation of any one or more of the sites would significantly reduce the effectiveness of the PSCS and/or require significant reconfiguration of other sites.  Therefore, the location of each particular site is constrained by technological capabilities, topography and practicability.

Specifically, the Project involves the actual construction of six 180-foot self-supported towers.  Four of these will be located on new sites, while two involve the replacement of towers on existing sites.  The four new tower locations are as follows:
 

 1. Town of Danby (North) - East Miller Road [Danby North Site]
 2. Town of Danby (South) - Curtis Road and Hill Road [Danby South Site]
 3. Town of Caroline - Taft Road [Caroline Site]
 4. Town of Enfield - Podunk Road [Enfield Site]

The two replacement towers are located in the Town of Newfield (Irish Hill Road) [Newfield South Site] and the Town of Dryden (Mt. Pleasant Road) [Dryden West Site].

In addition, the Project requires the upgrade and extension of an existing tower in the Town of Groton (Sincerbeaux Road) [Groton Site]; the upgrade and reinforcement of an existing tower in the Town of Dryden (Walker Road) [Dryden East Site]; and the co-location of new equipment on an existing tower in the Town of Newfield (Protts Hill Road) [Newfield North Site].

Each of the sites will be equipped with a new shelter to house equipment and emergency generators and other site improvements including security fencing and access roads.  Limited vegetation clearing and grading will also be required at certain sites.

III. SEQRA PROCEDURAL COMPLIANCE

Project planning began in or around November, 2000 when the County retained New York State Technical Enterprises Corporation (“NYSTEC”) to evaluate the County’s existing emergency communications system; its present and future needs; and options for accommodating the County’s needs.  NYSTEC issued a report of its findings and recommendations on or about February 28, 2001.  The County released a request for proposals based on NYSTEC’s recommendations on or about May, 2002.  Motorola was the successful bidder.  Prior to entering any contract with Motorola or taking any further action with respect to the Project beyond preliminary planning activities, the County completed this SEQRA review.

As the agency directly undertaking the action, the County, as SEQRA lead agency, determined that the Project was a Type I action, prepared an Environmental Assessment Form and issued a Positive Declaration, noticing its intent to prepare a Draft Environmental Impact Statement (“DEIS”).  The Positive Declaration, together with a Draft Scoping Document was noticed in the Environmental Notice Bulletin (“ENB”) and distributed for comment to various local and state agencies and the public on or about February 22, 2001.  Based, in part, on comments received on the Draft Scope, a Final Scoping Document was prepared and released on or about December 12, 2001.

The DEIS was prepared by the County based on the Final Scoping Document.  A Notice of Completion of the DEIS was prepared, filed and published by the County on October 19, 2005.  The DEIS was distributed to local and state agencies and made available to the public in several local libraries, local government offices and on the County’s website.  A public comment period on the DEIS was open from October 19, 2005 to November 18, 2005.  A properly noticed public hearing on the DEIS was conducted on November 3, 2005.

Public comments on the DEIS (both oral and written) were carefully reviewed and thoroughly considered.  Responses to all substantive comments received were incorporated into the FEIS.  The County prepared and filed a Notice of Completion of the FEIS on December 9, 2005 and distributed the FEIS to local and state agencies and other interested parties.  As with the other SEQRA documents, the FEIS was made available at local government offices and on the County’s website, www.tompkins-co.org .

IV. PUBLIC NEED

The Proposed Project will satisfy the Tompkins County community’s need for a more efficient and reliable emergency communications response system.  The existing system’s infrastructure, equipment, and technology are becoming increasingly obsolete and prone to failure.  The first-responder community has expressed concern about a potential system failure or a missed communication in a crucial situation that could compromise the safety of a worker or the public.  Based on the surveys conducted, site audits, and general practices in the industry, NYSTEC identified current system shortcomings and the need to replace the system.

V. BENEFITS OF THE PROJECT

The overall benefit of the PSCS project is that it will enable the County to improve the level of emergency service responsiveness, coordination and reliability.  Improved emergency response communications will benefit the overall well-being and safety of the entire community.

The primary substantive benefit of the PSCS project will be the replacement of the existing antiquated communication infrastructure.  The PSCS project will benefit the community by providing improved technology to enhance sound quality and increase data transfer; improved coverage to approximately 95% of roadways and geographic area of the County; and 95% reliability in voice communications for public safety responders (e.g., fire, police, and emergency medical technicians).  Due to the rugged terrain in parts of the County and the nature of radio signals, which can be blocked by or reflected from dense materials, it is impractical to attain 100% coverage or reliability.

In addition, the infrastructure will provide a platform for a communications system that can also be used by local government and non-profit agencies within the County.  This additional benefit will improve the efficiency of government and other community service organizations.

VI. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES

Sections 4 and 5 of the DEIS describe, in detail, the existing environmental setting of the sites involved in the Project.  These descriptions are devoted to geologic and topographic resources; water resources; wetlands; biological resources; agricultural resources; community character; visual resources; public health; cultural resources; noise and transportation systems.

Based on the discussion of the environmental setting and comments from the public and governmental agencies, it is evident that the majority of potential adverse environmental impacts identified will be short-term in duration and related to the construction of the proposed new facilities.  These include impacts related to noise, traffic, soil erosion, and land clearing.  Potentially adverse long-term impacts are focused primarily on visual impacts, public health and safety and noise.

The following subsections identify the considerations that have been weighed and the reasoning behind a decision to move forward with the Project.  The discussion addresses the potential environmental impacts of the proposed Project and describes mitigation measures to avoid or minimize these impacts which will be incorporated into the final Project plans.

1. Geology, Soils and Topography

During the construction phase of the Project, the existing topography will be altered only in the immediate areas of the tower, shelter footprint and access drive.  The access drive will involve the clearing and construction of a gravel access road.  The new equipment shelter required at each site will involve limited clearing and placement of a pre-fab structure, with the possibility of footers placed below the frost-line.  The new towers will require clearing and construction of concrete caissons drilled into subsurface soils and bedrock.

The specific topography of each site is outlined in section 4.1.1.3 of the DEIS.  The primary impact to geology, soils and topography at each of the proposed locations will be short-term and occur during construction as a result of limited disturbance of surface materials and potential erosion of the disturbed areas during precipitation events.

The likelihood and severity of impacts to geology, soils and topography will be eliminated or minimized through design and proper implementation of erosion control measures in accordance with New York State Department of Environmental Conservation (“NYSDEC”) technical standards.  The need for a NYSDEC SPDES General Permit for Stormwater Discharges Associated with Construction Activities is unlikely due to the minimal amount of disturbance (less than ¼ acre/site), but will be confirmed on a site by site basis during final design.  Long-term, post-construction impacts that might occur during operation and maintenance include additional site erosion but these impacts are not likely to be significant since disturbed areas will be revegetated and drainage improvements maintained.

 2. Water Resources

There are no regulated wetlands or streams on or adjacent to any of the sites.  It does not appear that a NYSDEC SPDES General Permit for stormwater discharge from construction activities will be required as site disturbance at each site is anticipated to be less than ¼ acre.  Nevertheless, erosion control measures will be designed and implemented during construction, including use of straw bales and silt fencing, covering exposed soil piles, construction of permanent gravel drives with appropriate drainage, and revegetation of exposed soils as soon as practicable.

Based on general geology of the sites and the fact that facilities will be situated near hill tops and away from wetlands and surface water bodies, it is expected that groundwater will be relatively deep and likely would be encountered, it at all, only during construction of the tower caissons or anchors.  Appropriate engineering controls will be implemented during such construction and no significant adverse impacts to groundwater are expected.

Likewise, no impacts to surface water or groundwater resources are anticipated during the operational phase of the Project.

3. Biological Resources

a. Vegetation

Impacts to vegetation will occur only during the construction phase and will mainly involve removal of old field vegetation (woodland/scrub shrub cover) to facilitate location of the new towers.  It is anticipated that less than one acre of vegetation will be removed at each site.  (Project totals are approximately 2.0 acres of woodland and 0.5 acres of scrub shrub).  The Project will not cause the elimination of any threatened, rare or endangered plant species from the sites.  Cleared areas that are not built upon will be revegetated in grass or low shrubs and will be maintained in an early successional stage for the life of the towers.

b. Wildlife

No rare, threatened or endangered wildlife species or critical habitats were identified on the sites and none will be affected by the Project.  Short-term construction related impacts may result from the disruption of open field habitat around the towers used by birds and large and medium sized mammals.

The DEIS looked closely at long-term impacts to migrating birds that might result from operation of the towers.  (See DEIS at 4-12).  Bird collisions with towers are a recognized potential adverse impact.  The potential for such collisions is increased for larger lighted towers and towers utilizing guy wires.  The proposed Project towers will be free-standing and unlighted.  Further, the DEIS ran the U.S. Air Force Bird Avoidance Model for Tompkins County and determined that the risk potential for bird strikes in this area is relatively low.  Mitigation measures that have been incorporated into the design of the Project to avoid or minimize adverse impacts from migrating bird collisions include utilization, where possible, of existing tower sites; limiting the height of new towers to under 200 feet; and avoiding the use of tower lights and guy wires.

4. Agricultural Resources

While five of the proposed sites are located in designated Agricultural Districts, no sites involve the conversion of existing agricultural uses and the location and minimization of constructed facilities will further reduce the loss of potential agricultural lands.  Therefore, no significant long or short-term adverse impacts to agricultural resources are expected from the Project.

5. Community Character

The predominant character of Tompkins County in general, and the host communities in particular, is rural and agricultural.  Comprehensive planning in a number of these communities identities preservation of rural character as a primary goal.  Certain communities, including the Town of Danby and the Town of Dryden, expressly recognize the desire to balance the need for adequate telecommunications coverage with potential adverse impacts of telecommunications structures.  The County’s own 2004 Comprehensive Plan identifies the implementation of the county-wide PSCS as a priority action item, while also calling for the preservation of the community’s defining natural features.

The Project is consistent with the County’s 2004 Comprehensive Plan as well as the comprehensive planning goals of a number of the host communities.  The PSCS will provide improved and enhanced public safety communications coverage which will both protect public health and welfare and generally improve community well-being.  The siting process attempted to preserve existing rural character by minimizing the number of new sites utilized and minimizing the aerial extent (generally less than ¼ acre) of facility construction and site disturbance.  All of the proposed sites avoid municipal parks, special resource areas, greenways, recreationways, waterway access, corridors or existing trails.  Less than 2% of County residents live within one mile of the proposed sites.  Further, since all of the sites are located in areas with low populations, there will be minimal short-term adverse impacts from construction on County residents.  Nor will the construction, re-construction and co-location of structures at the proposed sites disproportionately adversely affect Environmental Justice populations.

The Project is not anticipated to induce new growth and development in the vicinity of the sites.  While there may be short-tem construction related job creation, there is no planned significant increase in long-term employment expected from the Project.  Therefore, there will be no measurable increase in local population or in the demand for social services, volunteer services, educational resources, recreational facilities or health care.  Likewise, while public safety and emergency services will be enhanced by the Project, there will be no need for any increase in such services generated by the Project.

Finally, the proposed Project will represent a noticeable change to the particular facility locations from certain viewpoints in the immediate vicinity of such sites.  These potentially adverse impacts are discussed in the following section.

6. Visual Resources

The County has been aware since the inception of planning for the proposed Project of the community’s concern over potential adverse visual impacts from the increase and location of new tower sites.  To better assess and analyze these potential impacts, the County, through its SEQRA consultant ENSR, retained Environmental Design and Research, Inc. (“EDR”), one of the leading firms in the assessment of visual impacts from development.  In fact, EDR conducted the visual impacts assessment (“VIA”) for the Statewide Wireless Network (“SWN”) project Generic EIS.  Among other things, EDR’s VIA for the Project focused on identification of the existing visual character of the Project area; an evaluation of the potential visibility of Project components; and an assessment of visual impacts.  A summary of EDR’s methodologies and findings is included in the DEIS at p. 5-9, while the full VIA Report is included in Appendix E to the DEIS.

Based on accepted methodologies, EDR selected a 5-mile radius from each tower location as the VIA study area.  As part of the evaluation of potential project visibility, EDR conducted a viewshed mapping analysis to locate several visually sensitive areas within the 5-mile radius that could have potential views of the proposed towers.  Views from these locations were then field verified through viewing existing towers and the use of a tethered test balloon.  A minimum of 20 viewpoints were assessed for each site.  Field verification indicated that due to screening by vegetation and structures, actual tower visibility will be much more limited than suggested by the viewshed mapping which is based on topography.  Sensitive viewpoints where tower visibility was confirmed were identified and documented with photographs.

In addition to the field verification, EDR prepared photo simulations from 31 identified viewpoints.  The simulations were rated by a panel of 3 EDR landscape architects.  This evaluation indicated that from the majority of viewpoints evaluated, the proposed Project facilities were basically compatible with the existing landscape.  On a scale of 1-5, 21 of the 31 viewpoints (68%) received scores under 2.0, indicating minimal, if any, contrast with the existing landscape.  Eight viewpoints (26%) scored in the range of 2.0 to 3.0, indicating low to moderate contrast, while only two viewpoints (6%) scored between 3.0 and 4.0, indicating moderate contrast.

The highest scores were received at roadside viewpoints of the Danby North tower from East Miller Road and the Danby South tower from Michigan Hollow Road.  The higher scores were generally attributed to closer viewer distance and lack of other man-made features in the view.

At the low end of the visual impact rating, the average scores for the Newfield North, Dryden East and Groton facilities (as well as the cumulative view showing the Danby North, Danby South and another existing tower) received scores ranging from 1.0 to 1.23, indicating that these proposed facilities (all upgrades or co-locations) result in little or no contrast with existing conditions, and are generally compatible with the existing landscape.

Mitigation of long-term visual impacts is constrained and limited by height and siting requirements, including the necessary configuration of the entire system to provide broadest coverage with minimal uncovered areas.  In other words, any elimination or substantial relocation of one tower will likely require the reconfiguration and relocation of many, if not all, other towers planned for the system and the potential for lost coverage within the community.

Nevertheless, based on the VIA and public comment, the County was able to relocate the Danby North tower by an additional  450 feet away from the road and nearby residence.  The tower will now be located more than 800 feet from the nearby residence.  This relocation will reduce the visual impacts of the tower in the immediate vicinity while retaining the effectiveness of the system.  No other similar relocations were deemed necessary or practicable.

In addition to the Danby North relocation, other mitigation measures identified by the VIA have been or will be incorporated into the Project design to the greatest extent practicable.  These include co-location of transmission hardware on existing structures; open lattice construction; utilization of light colored antennae; limits on tower height (less than 200 feet) to avoid the need for lighting; and plans for removal of facilities upon the end of operations.

7. Public Health and Safety

From a public safety standpoint, the proposed Project will provide significantly improved coverage and reliability over the existing communications network, thereby reducing delays in emergency response and improving overall community well-being.

Radio frequency (RF) electromagnetic emissions and associated power densities are an unavoidable result of the Project.  A critical evaluation of peer-reviewed literature conducted for the Statewide Wireless Network (“SWN”) project GEIS revealed no report of adverse health effects, including cancer, linked to ambient electromagnetic fields (“EMF”).  To further minimize or eliminate potential health impacts from RF emissions, transmitters will be placed high enough on towers and periodically checked to ensure that power densities at the nearest receptors will be significantly below FCC limits.

To reduce the possibility of structure collapse, the new self-supporting towers will utilize a state of the art tripod design.  In addition, the towers will be designed to be stronger near the bottom.  As a result, any failure will typically result in the top portion folding over on itself.  This will result in a smaller fall zone.  In addition, the new tower sites were selected and located to provide maximum clearance around the towers, avoiding nearby structures.

A comprehensive grounding system and lightning arrestors will be utilized for lightning protection.

Ten foot chain link fences will be constructed at each location for site security and to deter trespass.

8. Cultural Resources

A Phase IA cultural resources survey was conducted at each site to assess archeological sensitivity and to evaluate visual effects to historic structures within a ½ mile radius of the four new tower sites.  No historic properties, structures or sites listed or eligible for listing on the State or National Registers of Historic Places were identified within  or immediately adjacent to any of the proposed site locations.  Likewise, no prehistoric or historic archeological sites were identified within or immediately adjacent to the proposed site locations.

The visual survey for the four new tower locations disclosed no visible effects on any sites listed or deemed eligible for listing on the State or National Registers.

Nevertheless, because Central New York was settled during the prehistoric and historic periods, there remains a potential for identifying prehistoric and historic sites within the Project locations.  Therefore, because the sites are generally consistent with sensitive locations, the County will integrate a field protocol to avoid or minimize any potential adverse impacts to cultural resources that may be encountered during construction.  The protocol, which is incorporated as a mitigation measure, will include the following measures:

(i)  Stage 1B archeological testing, per OPRHP guidelines, will be conducted at sites or areas of sensitivity that cannot be documented to have been disturbed.  The archeological field testing shall be completed sufficiently in advance of construction to allow appropriate consultation regarding potential impacts to archeological sites.

(ii) When a Stage 1B evaluation results in the discovery of archeological materials, additional investigation will be carried out in order to determine the extent of archeological site integrity and significance.  The OPRHP will be consulted and given the opportunity to review and approve avoidance or mitigation plans prior to the start of construction in the area.

(iii) The implementation of the work identified will be administered by a 36 CFR 61 qualified archeologist.

9.  Noise

There are no state or local laws or ordinances placing numerical limits on noise levels.  To evaluate potential adverse noise impacts, the NYSDEC Program Policy for Assessing and Mitigating Noise Impacts was utilized.  Noise impacts were evaluated at the nearest inhabited receptor.  Noise generating sources and activities are limited to project construction equipment and the emergency generator.

  a. Project Construction

 Due to the use of heavy equipment, project construction is expected to result in a temporary significant increase in noise levels at nearby receptors.  Construction noise impacts are expected to be comparable to noise impacts from light construction such as residential construction and include transient noise from delivery trucks, bucket loaders and cranes.

Construction will be short-term (4-6 weeks) and noise generated will be intermittent rather than continuous.  Construction noise will be further limited to daytime hours from Monday to Friday.  Additional best management practices such as limiting idling of equipment, use of appropriate mufflers and routine equipment maintenance are further noise mitigation measures to be incorporated into Project construction.

b. Emergency Generator

Project operational noise will only occur when the site emergency generator is in operation.  This will occur during power-outage emergencies and routine generator testing which will occur once per week during the daytime for approximately one hour.  Noise levels for these operations are predicted to be below NYSDEC noise impact indicator thresholds and are, therefore, not expected to result in any significant adverse noise impacts.

Additional mitigation measures will further reduce operational noise impacts.  These include placing the generators inside the site shelters; utilizing low noise mufflers at three sites; and directing generator exhaust away from nearby residences.

10. Transportation

The proposed Project is not expected to generate increased traffic.  Minor, temporary delays could be experienced during the construction phase due to delivery of construction equipment and materials.  Such deliveries will be planned to comply with applicable transportation regulations and roadway capacities.  During the operational phase, the only traffic generated by the Project will be for routine facility maintenance.  Driveways onto local roadways will be constructed only for the new tower sites.  These will be developed pursuant to accepted construction standards.  Therefore, the proposed Project will not create any significant adverse impacts to transportation systems.

VII. ALTERNATIVES CONSIDERED

The DEIS identified and analyzed a variety of alternatives for the proposed Project, including the following:

1. No Action Alternative

Under this alternative, the County would continue to operate and maintain the existing communications network.  The NYSTEC audit and assessment of the existing system identified and confirmed significant shortcomings in the system that could not be resolved by simple maintenance and upgrades.  The no action alternative, therefore, would not meet the objectives of the County to provide more reliable and efficient emergency response communications and to expand system coverage to approximately 95%.

2. Alternative Technologies

As part of the NYSTEC assessment, three alternative technologies were considered.  Satellite service was determined to be impractical for emergency service use due to long set up times and delay times in transmissions.  Use inside buildings or in heavily forested areas is also limited and in some cases not possible.  Portable equipment is also cumbersome and bulky.

Commercial services (e.g., cellular/PCS and satellites) were also considered and determined impractical for emergency service use due, again, to long set up times, limited coverage and lack of control or priority on availability or necessary redundancy in case of power loss.
Land Mobile Radios (“LMR”) were considered to be the technology best designed to meet the County’s public safety needs.  It is the predominant technology used by public safety professionals; it is owner managed and controlled, enabling priority calling and call preemption; it provides short, almost instantaneous, connection times and point to multi-point call availability utilizing a central dispatcher.

3. Alternative LMR Technologies

NYSTEC also considered multiple alternatives with respect to the LMR technology itself.  These included frequency band; trunking vs. conventional; multicast vs. simulcast; digital vs. analog; access methods; architectural topologies; and siting.  Specifically, NYSTEC evaluated four specific LMR configurations.

· Enhancement of the current LMR system;
· Trunked, VHF LMR system;
· Trunked, Digital, 800-MHz LMR network; and
· The Statewide Wireless Network (“SWN”).

NYSTEC’s evaluation of the existing LMR system concluded that the existing system cannot be repaired to fully meet the County’s requirements.  Further, VHF or UHF trunking was deemed impossible.  NYSTEC concluded that the trunked, digital, 800 MHz system would best meet the County’s immediate and future needs to improve and expand its system.  The implementation and schedule for the SWN system is still uncertain.  Because the SWN will be a similar system, the County will likely become part of it if and when it becomes available to the County.

 4. Alternative Site Configurations

The County undertook an extensive review of tower site configurations in order to achieve coverage objectives.  The County considered a minimum of 12 different configurations (as described in the DEIS at Section 3.2.3) which evolved into the current ten site configuration (in addition to the nine sites being developed as part of the Project, a tenth site, the South Hill site in the City of Ithaca, has previously been reviewed and approved for the County’s use).  This current configuration was determined by the County to meet its coverage objective.

5. Alternative Site Locations

The proposed site configuration relies on existing tower sites to the greatest extent practicable.  This has resulted in the need for only four new tower sites.  The County considered a number of siting factors to locate the new sites, including, among others, base elevation and topography to accommodate necessary equipment; site access; environmental factors to minimize the amount of natural resource disturbance; and willingness of property owners.  The County believes that the individual sites identified best meet its coverage objectives and minimize adverse environmental impacts to the greatest extent practicable.  Based on comments on the DEIS and further evaluation, the County was able to relocate the Danby North tower by an additional 450 feet from the road and nearby residence to further reduce visual impacts.

XII. CONCLUSION

In issuing this Statement of Findings, the Tompkins County Legislature has carefully examined and given due consideration to the Draft Environmental Impact Statement (October 18, 2005) and the Final Environmental Impact Statement (December 9, 2005) and public and agency comments on those documents.

After careful and thorough consideration, the Tompkins County Legislature finds the construction and operation of the proposed Public Safety Communications System examined in the above referenced documents to be environmentally sound and the best alternative to provide a reliable emergency communications system to protect and benefit the entire County.

Therefore, in consideration of the foregoing, the Tompkins County Legislature, as lead agency, issues this Findings Statement, and certifies under Section 8-1019.8 of the Environmental Conservation Law and 6 NYCRR Section 617.11 that:

1. The County has carefully examined and given due consideration to the relevant environmental impacts, facts, and conclusions disclosed in the Draft and Final EIS and public comments on those documents.

2. The requirements of Article 8 of the New York State Environmental Conservation Law, and regulations promulgated thereunder at 6 NYCRR Part 617, have been met and fully satisfied.

3. The County has carefully weighed and balanced the relevant environmental impacts with social, economic, and other essential considerations.

4. The foregoing Findings Statement sets forth the County’s judgment and rationale for moving ahead with the proposed action.

5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the proposed Project is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating, as conditions to the decision, those mitigative measures which were identified as practicable.
 

Adopted by the Tompkins County Legislature on December 20, 2005

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RESOLUTION NO. 266 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A CONTRACT WITH MOTOROLA FOR A TRUNKED DIGITAL COUNTYWIDE EMERGENCY COMMUNICATION SYSTEM

 MOVED by Mrs. McBean-Clairborne, and unanimously seconded.  Ms. Blanchard said this is a very happy event for her following eight years of work on the project; she would like to be certain there is a commitment regarding the restoration of the mobile data system.  Mr. Whicher assured her it will be included.  Mr. Penniman thanked individuals for their work on the project.  Mr. Lane stated he is glad to be able to participate on the voting of this resolution and thanked the emergency responders for their participation and patience regarding this project that will be a premier system.  Mr. Proto stated his constituents in the outlying areas appreciate the inclusion of their areas in the system.   He then disclosed himself to be a Motorola stockholder and requested to be excused from the vote for this reason.  Mr. Wood stated as he had been excused from previous votes it would be appropriate.  Mr. Booth said many staff members have worked hard on this project and put in overtime to bring it to this point.  He is glad it is continuing but also recognizes there will be many challenges down the road in implementing it.

 A voice vote on the resolution resulted as follows:  Ayes - 14; Noes - 0; Abstained - 1 (Legislator Proto).  RESOLUTION ADOPTED.

 WHEREAS, the County’s current emergency communication system does not provide reliability or coverage sufficient to meet the needs of police, fire, ambulance and other emergency service providers in the County, and
 WHEREAS, in response to a request for proposals, the County received proposals from Motorola to design and build an 800 MHz digital trunked radio system that would meet the needs of emergency service providers and significantly improve coverage throughout the County, and

 WHEREAS, the County selected a negotiating team to negotiate a contract with Motorola, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator is authorized to enter into a contract with Motorola for the construction of an 800 MHz trunked digital emergency communications system at a contract price of $13,199,762.00.
SEQR ACTION:  TYPE I (Environmental Impact Statement Prepared)

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RESOLUTION NO. 267 - AUTHORIZING THE COUNTY ADMINISTRATOR TO SEEK BIDS AND TO ENTER INTO A CONTRACT FOR SITE WORK INCLUDING THE CONSTRUCTION OR MODIFICATION OF TOWERS AT SITES NEEDED FOR AN 800 MHz TRUNKED  DIGITAL COMMUNICATIONS SYSTEM

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth.  Ms. Kiefer is opposed to the resolution as it is unusual to authorize a contract without a Request for Proposals (RFP) and responses, both of which should occur before entering a contract.  The resolution was amended to indicate the seeking of bids and enter into a contract upon the completion of the bid process.  Mr. Wood stated assurance is required that the County Administrator is able to award the bid.  Mr. Penniman said it is unusual not to have the RFP but this project has required extensive work to determine what  is needed.  Ms. Kiefer asked if this project would become a responsibility of the Facilities and Infrastructure Committee when the actual work occurs.  She noted that she understands it is necessary to complete this to proceed she cannot support it due to the procedure being followed.  She feels certain the 2006 Legislature will follow through on this project.  Mr. Joseph stated he is in agreement with Ms. Kiefer, noting this project is above the cost threshold that allows it to skip going through committees.  Mr. Booth said seven members of the Legislature who have worked on this project will not be on the Legislature when the New Year begins.  He urged that it is important to proceed in an expeditious manner.  Mr. Wood said although unusual other contracts could be jeopardized if this is not approved.

 It was MOVED by Ms. Robertson, seconded by Mr. Booth, to call the question.  A voice vote occurred as follows:  Ayes - 12; Noes - 3 (Legislators Joseph, Kiefer, and Lane).  MOTION APPROVED.

 A roll call vote on the resolution resulted as follows:  Ayes - 12; Noes - 2 (Legislators Joseph and Kiefer).  RESOLUTION ADOPTED.

 WHEREAS, the County has identified sites needed for its new 800 MHz trunked digital emergency communications system, and
 WHEREAS, work must be done at each site including the provision of shelters and the addition or modification of towers, and
 WHEREAS, the County has prepared specifications for the site work, and
 WHEREAS, the County will be issuing a bid for a site work contractor, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator is authorized to seek bids and to enter into a contract for site work upon completion of the bid process, including the provision of shelters and the addition or modification of towers construction and modifications at all identified sites in an amount not to exceed $2.5 million.
SEQR ACTION:  TYPE I (Environmental Impact Statement Prepared)

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RESOLUTION NO. 268 - PAGING SYSTEM CONTRACT WITH UNITED RADIO, INC.
 

 MOVED by Mrs. McBean-Clairborne, seconded by Ms. Schuler.  Ms. Kiefer asked if the paging system is analyzed in the FEIS, stating she does not believe a reference to the EIS is needed.  Mr. Wood said it is mentioned as using the same sites and structures.  Ms. Kiefer does not believe this resolution a TYPE I action.  Mr. Wood said the EIS analyzes various sites and other aspects of the sites including paging.

 A voice vote on the resolution resulted as follows:  Ayes - 15; Noes -0.  RESOLUTION ADOPTED

WHEREAS, Tompkins County issued a Request for Qualifications for design and development of a multiple site simulcast-radio paging system in September 2001, and
WHEREAS, the paging system will integrate with, and share infrastructure to be developed for, the public safety communications system, and
WHEREAS, United Radio, Inc., of Syracuse, NY, was selected to provide an engineered paging system and implementation plan, and submitted preliminary designs and cost proposals on April 19, 2002, and
WHEREAS, United Radio, Inc., has since coordinated site configuration and system designs with Motorola, Inc., the selected vendor of the Public Safety Communication System, and United Radio will utilize the Motorola provided microwave system as the pathway for all voice and data transmissions, and will co-locate paging equipment at the same sites as Motorola, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator is hereby authorized to execute a contract with United Radio, Inc., for the provision of a countywide simulcast system at a price not to exceed $300,000.
SEQR ACTION:  TYPE I  (Environmental Impact Statement Prepared)

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 Mrs. McBean-Clairborne expressed gratitude to the public safety workers for their patience throughout this process.

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

 Mrs. McBean-Clairborne reported the Committee met on December 12 with the majority of the meeting reflected in the resolutions presented.  She reported she met with representatives from Judge Keyes office; Tompkins County is one of four counties being looked at who are working with indigent clients.  She thanked staff for their efforts in the past year as well as to the members of the Legislature retiring.

RESOLUTION NO. 269 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT AND TERMINAL PAY - DEPARTMENT OF     EMERGENCY RESPONSE

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman.  A short roll call vote resulted as follows:  Ayes - 15; Noes - 0.  RESOLUTION ADOPTED.

 WHEREAS, the Department of Emergency Response had one employee, an Emergency Services Dispatcher, placed on disability effective March 12, 2005, and has since been placed on permanent disability, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund for time after the first sixty days of replacement, now therefore be it
 RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriations:

 FROM:  A1990.54440 Contingent Fund  $15,851.28

 TO:  3410.51000551 Salary, Emergency Dispatcher $11,403.80
   3410.58800 Fringes       4,447.48
       TOTAL $15,851.28
SEQR ACTION:  TYPE II-20

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Public Hearing - Local Law No.  6 of 2005

 Chair Joseph called a public hearing to order at 6:30 p.m. concerning A Local Law Amending Article 4 of the County Charter Providing for Assessments to be Conducted on a Schedule Determined by Resolution of the County Legislature and asked if anyone wished to speak.

 Peter Bottorff, resident of the Town of Ithaca, spoke against the present annual assessment policy.  He has spoken to many people who have indicated they do not like the policy of annual assessments.  He feels it is not the method of assessment but the levy that needs to be amended.  He feels there is a need for better control in spending, noting that Tompkins County has the highest percentage of tax levy increase in the State.  He believes changing to three-year assessment cycles is warranted and will be applauded by residents of the County.

 Herb Engman, Town of Ithaca resident, spoke in favor of annual assessments feeling it is the fairest method of assessment.  He also indicated he believes people do not mind high assessments when it comes to the real estate market, but it is the tax levy they dislike.  He believes that rather than changing the assessment process a change in tax structure is necessary.   Mr. Engman said the County had done a tremendous amount of work regarding reduction of State mandates such as Medicaid, however, spending has increased.  He believes it would be wrong to amend the assessment policy, that State aid will be lost.  Mr. Engman said while this was mentioned frequently in the elections he feels with time it would not be thought of as a problem.

 Brian Eden, Town of Ithaca, spoke against amending the annual assessment process.  He believes it is more important to address the tax structure that affect individuals, particularly in the middle-income groups.  He said unless proponents can argue how this would be more fair than the existing system it should not be changed.

 No one else wished to speak and the public hearing was closed at 6:37 p.m.

Presentation of Resolution(s) from the Government Operations Committee

RESOLUTION NO. 270 - ADOPTION OF LOCAL LAW NO. 6 OF 2005 - A LOCAL LAW AMENDING ARTICLE 4 OF THE COUNTY CHARTER PROVIDING FOR ASSESSMENTS TO BE CONDUCTED ON A  SCHEDULE DETERMINED BY RESOLUTION OF THE COUNTY LEGISLATURE
 
MOVED by Mr. Lane, seconded by Mr. Booth.  Mr. Lane said at the last Legislature meeting many spoke of this resolution and how it could affect individuals.  He was disappointed the announcements of this public hearing were not made obvious.  He believes this would alleviate bewilderment of property owners and save money in the long-run.  Mr. Lane does not believe the funds would sunset for triennial assessments, that a three-year assessment would ease