Regular Meeting
March 19, 2002

Public Hearing - Acquisition by the County of private lands pursuant to the Eminent Domain Procedures Law

Mr. Joseph called the public hearing to order at 5:30 p.m. concerning acquisition by the County of private lands pursuant to the Eminent Domain Procedures Law. The purpose for the acquisition is to widen and reconstruct the County Road known as North Triphammer Road, in the Town of Lansing. Mr. Joseph asked if anyone wished to speak. No one wished to speak and the public hearing was declared closed at 5:31 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members

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

Present: 15 Representatives.

Privilege of the Floor by the Public

Robert Romanowski, City of Ithaca resident and representative of the Ithaca Board of Fire Commissioners, spoke concerning the County's communications system. Mr. Romanowski read the following statement which has been endorsed by the Ithaca Board of Fire Commissioners:

"The horrific events of the past six months have dramatically illustrated the importance of emergency service providers and the dangers they face in fulfilling their duties. On a smaller scale these dangers are faced locally, and all too frequently, death and/or serious injury occurs. For those facing this reality every day, the provision of modern, up-to-date training and equipment will go a long way in minimizing these inherent risks. Having the best personal protection equipment is only part of the solution. Without the ability to community with superiors, colleagues, and other emergency agencies, the ability to provide life-saving action could be critically compromised. Tompkins County is now facing this situation. The system now in used is increasingly unreliable, large voids in area coverage exist, equipment is long-past its useful life, with repair parts no longer available, and frequencies being lost to federal government decisions.

"These facts are well known to all you members of the Tompkins County Board. You have representatives on this Board who have dedicated an extraordinary amount of time and energy to solve these problems. They have met countless times with all effected agencies, soliciting information and concerns, and are yet seemingly stymied by the personal agendas of localities and special interest groups. Equally difficult for Board members is confronting the associated cost for the project as far-reaching as this, especially when budget pressures are ever increasing. What is the alternative though? What kind of risks are you willing to allow to exist - loss of property, increase personal suffering and injury, maybe deaths because fire, medical, and police agencies cannot respond or coordinate their actions?

"We, the members of the Ithaca Board of Fire Commissioners, representing both the City and the Town of Ithaca, hereby urge the members of the Tompkins County Board of Representatives, to act with all deliberate haste in implementing a far-reaching modern communications system where all emergency agencies will be served and not only have the ability to communicate with each other but with the other agencies as well. Having a system serving only the requirements of individual departments and agencies seems to be counterproductive. We, in addition, urge the local communities to come together, and recognize that the well-being of the people should be the overriding principle in decision-making and that yielding to parochial interest is not in the public interest."

Fay Gougakis, City of Ithaca, spoke concerning the issue of jet skis. Ms. Gougakis stated that she has provided the Clerk of the Board with copies of the legislation she spoke of at the last meeting, and said she is trying to collect some statistics and information from other areas that are using this legislation. Ms. Gougakis also reported on a meeting that was held on March 16th concerning the Cayuga Lake Waterfront Plan, and noted no representative from the City or County was in attendance. She said the issue of jet skis was raised at that meeting by a number of people and dominated the major portion of the meeting.

Presentation of Recognition Award to the Town of Dryden

Chair Joseph presented the 2002 Farm Friendly Town Recognition Award to Representative Lane on behalf of the Tompkins County Agriculture and Farmland Protection Board. This award recognizes the Town of Dryden for its efforts to support and enhance agriculture within its border.

Privilege of the Floor by Board Members

Ms. Kiefer, District No. 11 Representative, responded to the comments made by Ms. Gougakis under privilege of the floor. She said the Planning Committee had its own presentation on the Cayuga Lake Waterfront Revitalization Plan, which is probably why members of the County's Planning Committee did not attend the meeting she spoke of. Ms. Kiefer also spoke of the jet ski issue, and said the Water Resources Council has a small committee working on this issue and they were directed to come to the Water Resources Council meeting next month with a recommendation of actions the County might take.

Mr. Winch, District No. 8 Representative, stated he is the Board's representative to the Cayuga Lake Watershed Intermunicipal Organization (IO), and he spent this morning at Wells College attending a water monitoring and Cayuga Lake Watershed Conference. That Conference was sponsored by the Cornell Center for the Environment. He said the IO and Cayuga Lake Watershed Network have been working on Restoration, Protection Plan, and gathering information on the needs. He said the conference was broken up into the following areas of concern: general data gaps that need to be filled, groundwater and what has been done with groundwater monitoring, surface water monitoring, and citizens' monitoring of the watershed. Mr. Winch said there were over 50 people in attendance and a great deal of information was exchanged.

Mr. Proto, District No. 7 Representative, updated the Board on the Water Resources Council and confirmed the statement made by Representative Kiefer that a special subcommittee is looking into the issue of jet skis. Mr. Proto said he is on the advisory board for the Johnson Art Museum and they now have a Mona Display. He said this year marks the 200th anniversary of the signing of the New York State Constitution, and a copy of it will be on display in Poughkeepsie in April.

Ms. Herrera, District No. 5 Representative, provided the Board with the following report:

"The City of Ithaca Natural Areas Commission sponsored the Ithaca Falls Site Tour and Community Design Session on Saturday and Sunday, March 9 and 10 to create a plan for the Ithaca Falls Natural Area. I was unable to attend due to a previous commitment, but by all accounts it was well attended and provided some great ideas for the area. The Saturday site tour of the Falls began at the Lake Street Bridge. It included a history of the falls and its use as a source of power for various mills, site maps, and a walking tour. The design session on Sunday allowed people to bring up and discuss ideas and concerns. The area has been identified as having lead contamination. Plans for lead remediation, and the impacts of the cleanup, which is due to begin this summer, and may take up to a year, were discussed. Many of the participants expressed the idea that the falls is essentially a wild area, subject to seasonal variations in water and vegetation level, and that it should remain a natural area, with minimal signage and parking. Its continued use as a small neighborhood park and fishing area, as well as a local landmark, is very important to residents. Thanks to Nancy Ostman, of the City of Ithaca Natural Areas Commission, Kathryn Gleason of the Cornell University Department of Landscape Architecture, the Tompkins County Museum, the vendors who donated supplies, and others who helped with this event. For more information on the Ithaca Falls Natural Area and next steps in the design process, call Sarah at 272-4025.

"In Economic and Workforce Development related events, the Tompkins-Cortland Community College extension center held the graduation of its first class of Heating, Ventilation, and Air Conditioning (HVAC) students on March 1st. The majority of the 14 students were unemployed or in very low wage occupations, and were looking for a new and lasting career opportunity to provide a decent living for them and their families. Some of the trainees’ current employers sponsored the cost of the training, and the majority were paid for by Workforce New York, which got a grant last year to train unemployed or low-wage workers (200% of poverty level) in demand occupations. In addition to training, Workforce New York provided a variety of supports to help the trainees succeed in their training and job search, including a math refresher course, resume development, and interviewing skills. Workforce New York is also working directly with employers seeking quality trained workers, helping to set up job interviews. I would like to extend congratulations to the 14 graduates, and wish them the best of luck. Thank you, Tompkins County Workforce Development Board, which obtained the funds to support this and similar training programs, and all the staff of the Workforce New York partnership, that collaborated to recruit and support the efforts of the participants in this innovative program. A thank you is also extended to all the staff of the Workforce New York partnership, that collaborated to recruit and support the efforts of the participants in this innovative program. For more information about the next class or about other Workforce New York Programs, call 272-7570."

Mrs. Schuler, District No. 4 Representative, reported last week she, Chair Joseph, Sheriff Meskill, John Beach, STOP-DWI Coordinator, and Aurora Valenti, County Clerk, received a check for $159,817 from Governor Pataki’s Traffic Safety Committee. This money has gone to various agencies in the County for different initiatives, from equipment to work towards traffic safety.

Mr. Lane, District No. 14 Representative, announced today is election day in villages in Tompkins County, and urged everyone to vote.

Report by Town Supervisor or Village Mayor

Douglas Austic, Town of Ulysses Supervisor, thanked the Board on behalf of the Intermunicipal Officials Association, for allowing an opportunity to explain issues that are of concern to the town supervisors and village mayors of Tompkins County. Mr. Austic gave the Board the following report.

"The Town of Ulysses would be interested in considering working with the Tompkins County Highway Department on some of the small road repair projects that are in the Town because they are more aware of "potholes" because they know the people that are traveling those roads daily. If there were some interest in allowing the towns to do some of these jobs, it may alleviate some of the costs the County would have and make the County highways more passable in various towns.

"Secondly, Don Barber raised the issue of cooperation. I feel fairly confident that we could resolve the problem that came up before other than going through legal action; however, I don’t understand why it didn’t happen. I think what we need to do is to open up the lines of communication so that we can solve some of the problems before they become a problem. I think the issue, basically the siting of towers, was brought up in the Fall, was probably overstated, and got carried away before we could basically solve the problem. I think an important issue was brought up by the Fire Commissioners, and I don’t think any town is actually against this idea. It's just that the towns felt that a siting of a tower in their town should be required to go through zoning procedures even though the County has the right to do these things in the towns. It's just the neighborly thing to do. If the County were unsatisfied with the town’s position, you have the right to override the town’s decision but I think it would be the neighborly thing to do to talk to the town and go through their procedures and see what happens. Maybe there would be a solution that could be reached before it gets to the point of legal action which he would hope would not happen in the future. I think this could happen with any type of action that the County is planning to do in any town such as building highway garages. If they were to talk to the individual town, I’m sure that something could come up that wouldn’t be too bad for either side and solutions could be made without getting carried away in the courts. Nobody wins in that situation.

"Thirdly, the Town of Ulysses has been reviewing the Waterfront Revitalization Plan that was submitted to them the other night by Tom Neiderkorn and Rick Manning and we may have a couple of things with that that seem to be a little inordinate. The lakefront designation in the Town of Ulysses is basically a mile to a mile and a half wide which is a considerable part of the area where most of our larger single-family homes are being built and we were concerned that some of the ideas of site plan review of all these things might be cumbersome to their Planning Board. We are wondering why the waterfront area was designated as that large in the Town and maybe the Town of Lansing might have that same concern. We’ve seen that the waterfront in the Town of Ulysses probably should be from Route 89 to the Lake which is actually the waterfront area and a quarter of a mile in most places. That is one thing we should think about if we are going to work together because there may be ramifications to that that we don’t fully understand at this point.

"Other than that I don’t think there are any concerns with the Town of Ulysses or any other towns that I know of at this point. We would all welcome you to attend the next Municipal Officials meeting which is next Tuesday night at 6:30 p.m. at the Lehigh Valley House."

Chair Joseph asked Representative Blanchard, Chair of the Public Works Committee, to get back to Mr. Austic on the issue of working with Highway Departments. Ms. Blanchard said this is one of the points that was raised by Cathy Valentino, Town of Ithaca Supervisor. She said they will be asking Michael Hattery of the Cornell Local Roads Program, to attend an upcoming Municipal Officials Association meeting, to talk about his experience in this area.

Chair Joseph asked Ms. Kiefer, Chair of the Planning Committee, to look into the concerns expressed by Supervisor Austic in regard to the Waterfront Revitalization Plan.

Chair Joseph said he agrees with Mr. Austic’s concerns relating to better communication, particularly around County development issues. He said it has always been and will continue to be the County’s policy that when there is any type of construction project in a town, that we will go to the town board or the town-designated body to present plans and the information that would be required if the County were to be required to obtain a permit. The town’s input will also be sought and efforts will be made to accommodate the town to the greatest extent possible. He said he hopes the County and towns can work together in the future to resolve differences before any lawsuit is initiated.

Chair’s Report

Mr. Joseph said he traveled to Albany today along with Representatives Blanchard and Schuler, Sheriff Meskill, and Steve Whicher, County Administrator, to meet with the Commission of Corrections in regard to the County’s Jail variances. He said there was a lengthy discussion about Tompkins County’s efforts to reduce the Jail population and the Commission did extend the variances for six months. The Commission said they are fully supportive of the County’s programs and thought they might make a small difference in the Jail population. However, the Commission felt Tompkins County’s Jail is overcrowded and they would like to see progress towards construction. They made it clear that they do not expect Tompkins County to have a jail built in six months and the variances can be extended longer, provided they see progress to their satisfaction, towards what they see is inevitable, which is the construction of more cell space. Mr. Joseph said while some County representatives might disagree as to how effective the alternative-to-incarceration programs will be, they agree that the County should simultaneously be moving ahead with what needs to be done with construction because there are definite needs for improvement of that building. Mr. Joseph said he will soon be calling a meeting of the Public Safety Building Space Planning Committee to discuss how to deal with information from the Commission and how to proceed.

Report from the County Administrator

Mr. Whicher spoke briefly about the budget and said the entire budget situation is not good. Mr. Whicher requested an executive session to discuss real estate negotiations.

Report from the County Attorney

Mr. Wood reported on the reapportionment case and said after the census figures were received he had asked the court to dismiss the case. The court had scheduled a conference to discuss that and the attorneys for the Town of Ithaca wrote to the court this week and said they would not object to the case being dismissed.

Report from the Finance Director

Mr. Squires was in Albany, and thus there was no report.

Addition of Resolution(s) to the Agenda

It was MOVED by Mrs. Schuler, seconded by Mr. Proto, and unanimously adopted by voice vote to add the resolution entitled Resolution of Respect - Margaret Harding, Director of the Tompkins County Office for the Aging, 1980-1992 to the agenda.

Withdrawal of Resolution(s) from the Agenda

There were no resolutions withdrawn from the agenda.

Approval of Resolution(s) Under the Consent Agenda

RESOLUTION NO. 41 - BUDGET ADJUSTMENTS – OFFICE FOR THE AGING

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

RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books:

HEALTH AND HUMAN SERVICES COMMITTEE
Office for the Aging (#14)

Revenue Acct Title Amt Approp Acct Title(s) __________
6796 44772 Federal Revenue $10,399 6796 54400 Program Expense
Explanation: Federal Revenue increase for WRAP (Weatherization) Program.
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Appointment(s)

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

Environmental Management Council
Donna Jean Darling – Town of Newfield Representative – term to expire December 31, 2003

Office for the Aging Advisory Board
Carol Knight – term to expire December 31, 2004

Tompkins Cortland Community College Board of Trustees
William J. Raynor – County Representative – term to expire June 30, 2011

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

Mr. Winch, Chairman, reported the Committee met on March 12. In his goal of ongoing education of Committee members, they received presentations from Foodnet and the Healthy Heart Promotion Program. Ms. Stein, Director of the Office for the Aging, extended an offer to Board members to ride along while meals are being delivered to homes. Ted Schiele of the Health Department provided an overview of the Healthy Heart Promotion and said they are working with several businesses to educate their employees about nutrition and physical fitness. The Committee also heard a presentation from Peg Hoppers, Director of the Senior Citizen's Council. It was reported that the Retired Senior Volunteer Program provided 64,735 hours of service through 379 volunteers which is equivalent to $333,000.

RESOLUTION NO. 42 - AMENDING THE INTERMUNICIPAL COOPERATIVE RECREATION PARTNERSHIP AGREEMENT

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

WHEREAS, the Board of Representatives voted on February 5, 2002 to join the Inter-municipal Cooperative Recreation Partnership and approved the Agreement dated January 8th, and
WHEREAS, certain changes are needed to reach a consensus of all participating municipalities, and
RESOLVED, on recommendation of Health and Human Services Committee, That the Board of Representatives agree to amend the Partnership Agreement by replacing the first two paragraphs with the following text:

"Pursuant to Section 119-o of the General Municipal Law, the undersigned municipalities hereby enter into this Agreement to form a five year renewable Recreation Partnership.

This agreement shall become effective upon execution by each and every municipality listed below and shall be in force for the period beginning January 1, 2002 through December 31, 2006 and may be renewed for an additional five years by appropriate resolution by the municipal partners on or before December 31, 2006 all other terms and conditions of this agreement remaining the same. If all of the approvals and signatures are not obtained by April 30, 2002 this agreement shall be null and void."

RESOLVED, further, That the Chairman of the Board of Representatives be, and hereby is, authorized to sign this agreement or any subsequent version that may include corrections that do not alter the substance of the agreement.
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Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee

Mr. Lane, Chairman, reported the Committee met on March 14. At that meeting Elaine Nicholas of the Tompkins County Public Library Foundation reported on the success of their campaign and the efforts of that group to make the Library more successful. Mr. Lane said the Foundation's campaign raised well-over $1 million and listed some of the contributions that have been made to the Library with those funds. Those items include $500,000 for resources such as books, cd's, videos, and periodicals; over $200,000 for new technology in the Library that included 35 new public computers; $250,000 for a new Health Information Center; $93,000 for new furnishings; $30,000 for the coordination of Library programming; $15,000 to restore the Ezra Cornell portrait; $4,000 for motorized carts; and there will be additional funds for other things. Mr. Lane said Ms. Nicholas also presented the Committee with statistics on the new Library. There has been an increase in attendance at public programs at the Library by 253 percent, an increase in public bookings of community meeting rooms by 191 percent, an increase in the number of new Library cards by 114 percent, an increase in the number of reference questions answered by 63 percent, an increase in the number of visitors by 38 percent, and an increase in the use of the public Internet workstations by 183 percent.

Mr. Lane said the Committee also heard a report from Representative Herrera on the joint working group for the Labor Coalition agreement. Representatives from the Building Council were also in attendance and asked the Committee to take a look at a proposed ordinance that deals with an apprenticeship program in governmental contracts. Mr. Lane reported the Committee also heard about the revisions that have been proposed by the Economic Development Loan Oversight Committee. The Convention and Visitors Bureau reported on the Randall Report in which a group was contracted with to prepare a report on the tourist services in this area. Although a good score was received, there were areas noted where improvements need to be made. All Board members should receive a copy of that report. Mr. Lane said Tompkins County Area Development has been very busy and has scheduled its annual meeting for May 21st. At that meeting there will be a presentation made on the Cayuga Venture Fund.

RESOLUTION NO. 43 - AMENDMENT OF ECONOMIC DEVELOPMENT LOAN GUIDELINES FOR TOMPKINS COUNTY SMALL
                                         CITIES ECONOMIC DEVELOPMENT LOANS

MOVED by Mr. Lane, seconded by Ms. Herrera, and unanimously adopted by voice vote.

WHEREAS, Tompkins County has developed a Revolving Loan Fund for economic development through successful applications for funding from the United States Department of Housing and Urban Development Small Cities Community Development Block Grant program, and
WHEREAS, Resolution No. 152 of 1999 established the Tompkins County Economic Development Revolving Loan Fund Guidelines, and
WHEREAS, the Economic Development Loan Oversight Committee, based on its experience reviewing applications and recommending funding allocations for economic development projects, has evaluated the Tompkins County Economic Development Revolving Loan Fund Guidelines, and
WHEREAS, the Economic and Development Loan Oversight Committee has recommended changes to the Tompkins County Economic Development Revolving Loan Fund Guidelines, now therefore be it
RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Tompkins County hereby amends the attached Guidelines for use in evaluating loans and publicizing the Economic Development Loan program.
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Economic Development Revolving Loan Fund

GUIDELINES

  1. INTRODUCTION

  2.  

     
     
     

    The Tompkins County Economic Development Revolving Loan Fund provides loans to businesses at below-market interest rates to facilitate project implementation. Terms and conditions are negotiable, and based on documented need and input from appropriate organizations and financial institutions. Funds may be used to provide "gap" financing where other funds are not available, or as a subsidy to reduce project costs so as to make the project feasible.
     

  3.  NATIONAL OBJECTIVES
Loans made through the Tompkins County Economic Development Revolving Loan Fund are made using repaid U.S. Department of Housing and Urban Development (HUD) Small Cities Community Development Block Grant funds. As a condition of receiving that funding, the County (and therefore the borrowers) must meet one of the following National Objectives for the Small Cities program:
  1. COUNTY OBJECTIVES
In the development of the Economic Development Revolving Loan Fund, Tompkins County has identified several objectives. Not-for-profit organizations servicing Tompkins County are eligible for loans provided that they offer a unique or highly desired new service to the community.
  1. TERMS AND CONDITIONS

  2.  

     
     
     

    Terms and conditions are different based on the type of loan required. Maximum loan lengths are as follows:

    Real estate and building improvements: 20 years

    Equipment and related improvements: 10 years

    Working capital and inventory: 5 years

    No loans for equipment will be made for a longer period than the anticipated useful life of the equipment. Businesses that either cease operations or leave the County will be required to immediately repay the loan. Term life insurance or other security may be required of the principals involved in the loan.

  3. UNDERWRITING GUIDELINES
The County will directly review each prospective loan. County staff will review loans for completeness and adherence to guidelines and requirements. Final review and determination of loan needs and conditions will be made by the Tompkins County Board of Representatives. The following materials will be required to be submitted: The main questions that the Underwriting Guidelines wish to address are the following: The extent a project addresses the objectives and meets the underwriting guidelines determines whether or not it is a project that can be loaned these funds.

Specific loan criteria to be used are listed below:

  1. FURTHER INFORMATION AND APPLICATIONS
Further information about the Tompkins County Economic Development Revolving Loan Fund can be obtained by contacting:

Tompkins County Planning Department
121 East Court Street
Ithaca, NY 14850
Phone: 607-274-5560
Fax: 607-274-5578
Applications may be sent to the same address.

Guidelines Revised: 6/22/99 PIRE3/14/02 Economic & Workforce Development Committee of BOR (BOR Resolution 152 )

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

Mr. Koplinka-Loehr, Chairman, reported the Committee met on March 12 and heard a report from the County Administrator on a new evaluation process called the "personnel dialogue". This process will be used with department head evaluations and feedback will be received on how successful it is. Mr. Koplinka-Loehr said the County's Land Policy requires the Committee to review which parcels go to auction and which ones get held back. Two of the parcels that were held back in previous years were reviewed again and the Committee took action to release those properties for auction. He noted the proposal to release the Town of Caroline property was approved by a split vote. The Committee heard from Jonathan Wood, County Attorney, on possible Ethics Policy language in regard to personal accusations against other County employees. After discussing this item with department heads the consensus there was not to move this forward; the Committee agreed. Mr. Koplinka-Loehr reported the Finance Director Purchasing Division had a security incident and have since been reviewing security measures. The Committee was updated on what type of measures are being instituted throughout that building and was told employees of that Department are taking a self-defense course being taught by the Sheriff's Department.

Mr. Koplinka-Loehr reported the Public Information Advisory Board is continuing to review the survey results that were received and analyzing information, and he hopes a report will be given at the April Committee meeting. He reported that Valeria Coggin, Assessment Director, asked to be removed from Agriculture and Farmland Protection Board because as sold assessor, there is a potential conflict of interest with respect to agricultural land. The Committee reviewed and discussed recommendations that are contained in the voter participation study that was prepared by Bob Groff, an intern in the Board of Representatives' Office last year. One recommendation that received a great deal of discussion was for Board members to go out into the school and educate high school seniors about voting. Other recommendations included the Board supporting New York State Legislation about election reform, getting information out about candidates in more of a neutral way, and also looking at the County's data collection of who votes in Tompkins County. Mr. Koplinka-Loehr said the Committee focussed its discussion on what is the process for getting elected officials into the schools on a regular basis to encourage voter registration. He said the Committee decided that because the Elections Commissioners are already going into the schools they will be working with the Chair and Board members to coordinate this effort so that all schools are covered on a regular basis. The Board of Elections was asked to review their fee structure to make sure it is in line with what is allowable under New York State Law. Mr. Koplinka-Loehr said the Committee also discussed the process for hiring of individuals above the starting rate and what the annual increases should be. He said there was a split vote by the Committee on how these individuals should be reviewed and decided to separate the issue into two parts. The issues of whether they should be reviewed annually and if they should receive a standard increase as a group or be considered individually will come before the Committee at a future meeting.

Mr. Proto inquired about the Pinnacles property in the Town of Caroline that the Committee voted to release to public auction and stated he may wish to propose that this action be reconsidered. Mr. Proto was advised he could bring an individual-member filed resolution before the Board at an upcoming meeting.

RESOLUTION NO. 44 - ADOPTION OF LIST OF DESIGNATED OFFICERS AND EMPLOYEES REQUIRED TO FILE AN ANNUAL
                                            FINANCIAL DISCLOSURE FORM

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote.

WHEREAS, State Law requires employees "who hold policy-making positions, as annually determined by" the County to fill out financial disclosure forms, and
WHEREAS, pursuant to Local Law No. 2 of 1997 and Administrative Manual Policy 01-29, Standards of Conduct, "key employees" shall be determined by separate resolution of the Board of Representatives, and
WHEREAS, the list of "key employees" required to file the annual financial disclosure form has been updated, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the attached list of designated officers and employees required to fill out the annual financial disclosure form be adopted.
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RESOLUTION NO. 45 - AUTHORIZATION TO CONTRACT FOR WORKERS COMPENSATION CLAIMS ADMINISTRATIVE
                                          SERVICES  – PERSONNEL

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd, and unanimously adopted by voice vote.

WHEREAS, the Personnel Department in conjunction with the Finance Department issued a Request for Proposals (RFP) for Third Party Administration of Workers Compensation Services, and
WHEREAS, eight firms responded to the RFP and, after review, three proposals appeared to meet or exceed minimum criteria, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County be authorized to enter into a multi-year contract with EM Management of Endicott, New York, commencing April 1, 2002 through March 31, 2007, with the option to extend the contract for two additional one-year periods,
RESOLVED, further, That annual administrative expenses associated with this contract shall not exceed $25,000 except there shall be a one-time cost for claims takeover of $5,000,
RESOLVED, further, That the County Administrator or his designee be authorized to sign documents related to this contract.
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RESOLUTION NO. 46 – APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW MEMBERS TO SERVE ON
                                         ADMINISTRATIVE HEARING PANELS

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd, and unanimously adopted by voice vote.

WHEREAS, the Department of Assessment has entered into an annual reassessment program with the New York State Office of Real Property, and
WHEREAS, Real Property Tax Law 523-a permits the County Board of Representatives to appoint up to six Temporary Board of Assessment Review members to serve on Administrative Review Panels, and
WHEREAS, Real Property Tax Law 523-a permits the compensation of Temporary Board of Assessment Review Members, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That three Temporary Board of Assessment Review Members, namely Bob Shaw, Alice Moore, and Paul Banfield be appointed to serve on Administrative Review Panels,
RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a rate of $50 per session with a maximum annual compensation of $250.
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Report and Presentation of Resolution(s) from the Budget and Capital Committee

Mr. Penniman, Chairman, reported the Committee met last week and was chaired by Mr. Booth. At that meeting the Committee received a presentation from David Squires, Finance Director, on TCAT's cash flow situation. The second item that received a major amount of discussion was the present and future Tompkins County budget and capital program. This discussion will continue at the next meeting on March 26th.

RESOLUTION NO. 47 - AUTHORIZING THE ADVANCE OF UP TO $2,000,000 OF STATE TRANSIT OPERATING ASSISTANCE
                                          (STOA) TO TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT)

MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote.

WHEREAS, the Tompkins Consolidated Area Transit (TCAT) was formed under a partnership agreement among Tompkins County, Cornell University and the City of Ithaca effective January 1, 1999, and
WHEREAS, each party makes an annual contribution of equal amounts to support TCAT, and
WHEREAS, after the completion of two years of operations, it has become apparent that the timing of State Aid payments severely impacts the cash position of TCAT and impairs TCAT’s ability to reimburse the City of Ithaca and Cornell University for transit operating expenses in excess of their annual contractual obligation under the TCAT partnership, and
WHEREAS, in order to address the unequal burdens of the TCAT partners' outlays for transit operations, it is proposed that the County distribute to TCAT estimated 2nd, 3rd, and 4th quarter State Transit Operating Assistance (STOA) payments anticipated within the 2002 Adopted Budget in advance of their receipt, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance is authorized to enter into an agreement with TCAT whereby the County would disburse from Budget Account 5630.54404 Transportation Services 2002 Appropriations supported by STOA payments in advance of their receipt in an amount not to exceed $2,000,000,
RESOLVED, further, That the County will recover the loss of investment income from the advance of STOA funds by billing TCAT for the actual lost earnings based upon the application of the average monthly investment applied against the average monthly balance of advanced STOA payments,
RESOLVED, further, That the County will retain all future STOA payments until such time as the advance has been fully liquidated or reauthorized by the Tompkins Board of Representatives.
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Report and Presentation of Resolution(s) from the Public Safety Committee

Mrs. Schuler, Chair, reported the Committee met on March 7 and heard a presentation from Judy Saul of the Community Dispute Resolution Center on the Victim Offender Restitution and Restorative Justice. This is one of the alternatives-to-incarceration initiatives. Ms. Saul will be bringing that presentation to the full Board at a later date. She also reminded the Committee that a seminar will be held on April 17, and will feature Dr. Mark Umbreit, a national leader in the restorative justice movement. Sheriff Meskill distributed a K-9 incident summary graph and said although he was reluctant to have a K-9 unit at first, it has been a very valuable and worthwhile addition to the Sheriff's Department. Sue Robinson reported on a workshop to be held on April 4 at Cooperative Extension on strategies for domestic violence and a full-day workshop to be held on May 15 with mental health professionals on domestic violence. OAR reported it completed its search for a new Bail Fund Coordinator and is once again fully staffed. Mrs. Schuler also announced OAR's volunteer training has been moved to March 30. Becky Richmond, Community Justice Coordinator, reported to the Committee that there has been a 50 percent increase in referrals during the first part of 2002. Mrs. Schuler stated the Committee adjourned at 3 p.m. and had a joint presentation with the Communications Capital Projects Committee by Albert Long of Midstate on the status of the County's current communications infrastructure.

RESOLUTION NO. 48 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE NEW YORK STATE DIVISION OF
                                        CRIMINAL JUSTICE SERVICES

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

WHEREAS, the Probation Director has been notified of a grant award from the New York State Division of Criminal Justice Services in the amount of $44,500 and referred to as the STOP grant, and
WHEREAS, the STOP grant represents a collaborative effort among Tompkins County, Cayuga Medical Center, Center for Crime Victims and Sexual Assault Services and Task Force for Battered Women and will fund the Sexual Assault Nurse Examiner (SANE) program, Rape Aggression Defense Training, and a lock change program for victims of domestic violence and sexual assault, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee execute all contracts related to this award,
RESOLVED, further, That the Director of Finance is directed to make the following adjustments to his books for 2002:
BUDGET ADJUSTMENT
Revenue         A3996.43389 State Aid $ 44,500
Appropriation A3996.51000 Payroll $ 4,000
A3996.58800 Fringes $ 1,040
A3996.52210 Office Equipment $ 1,215
A3996.54303 Supplies $ 393
A3996.54452 Postage $ 300
A3996.54472 Telephone $ 500
A3996.54442 Professional Services $ 37,052
SEQR ACTION: TYPE II-20

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RESOLUTION NO. 49 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY - DISTRICT ATTORNEY’S
                                          OFFICE

MOVED by Mrs. Schuler, seconded by Mr. Totman. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED.

WHEREAS, the District Attorney’s Office has an employee who has been disabled and thus unable to perform her duties for more than two months, and
WHEREAS, the Fiscal Policy of Tompkins County (Section 5.03 [B][2]) allows for replacement pay for employees who have been out of work under such circumstances, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance appropriate a total of $1,957.08 to the District Attorney’s budget for replacement pay encompassing the period of January 1, 2002, to date,
RESOLVED, further, That the funds be appropriated and distributed to the following accounts:
FROM: A1990.54440 Contingent Fund $1,957.08
TO: A1165.51000 Regular Pay $1,553.24
A1165.58800 Fringe $ 403.84
TOTAL $1,957.08
SEQR ACTION: TYPE II-20

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Report from the Information Technology Services Policy Committee

Mr. Winch, Chairman, reported the Committee will meet tomorrow morning.

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

Ms. Blanchard, Chair, reported the Committee met on March 7 and spent time discussing the goals for the year. There was also time spent discussing the County's various highway and bridge capital projects. She said all Board members should have received the capital program report that lists all the projects. She called the Board's attention to page seven of that report which shows how projects will be delayed, and asked that anyone having questions to let her know. Ms. Blanchard said the Committee also spent time discussing with Representative Robertson how the Committee might be able to support a request the Town of Dryden is making for a reduction in speed limit in the Ellis Hollow Road area. This item will be discussed again at the next Committee meeting on March 21.

RESOLUTION NO. 50 - AUTHORIZING CHANGES IN PERMIT FEE SCHEDULE FOR CONSTRUCTION ACTIVITIES WITHIN
                                          TOMPKINS COUNTY RIGHT-OF-WAY – TOMPKINS COUNTY HIGHWAY DIVISION

MOVED by Ms. Blanchard, seconded by Mr. Booth. Ms. Kiefer said she thinks a change should be made at a future meeting to separate commercial construction activity in County right-of-way from individual activity. Ms. Blanchard said the Committee did discuss how this would be applied to individual residents. Ms. Kiefer noted this resolution is only intended to apply to commercial, private-sector entities. It was agreed that the Committee would further discuss fees for individual, residential, construction activity in County right-of-way. A voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED.

WHEREAS, Tompkins County Highway Manager, Peter F. Messmer, has recommended changes in the permit fee schedule to allow for fee collections at current rates being offered by the private sector, and
WHEREAS, all changes proposed were determined during the Highway Division’s most recent review of other New York State counties permit fee schedules, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Highway Division implements the charge scheduled below:

2001 2002 Water main, Sanitary Sewer, Storm Sewer, Pipe Ditch $0.25/ft $2.00/ft
Excavation, Tunneling, Boring, Plowing, etc. $0.25/ft $2.00/ft
Commercial Service, Sub-service Connection $0.25/ft $2.00/ft
Private Service, Sub-Service Connection $0.25/ft $2.00/ft
SEQR ACTION: TYPE II-20
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RESOLUTION NO. 51 - AUTHORIZATION FOR MEMBERSHIP – AMERICAN PUBLIC WORKS ASSOCIATION (APWA) – COUNTY
                                         HIGHWAY MANAGER

MOVED by Ms. Blanchard, seconded by Mr. Todd, and unanimously adopted by voice vote.

WHEREAS, the Tompkins County Highway Manager is seeking new membership in the American Public Works Association (APWA) at a cost of $113 per year, and
WHEREAS, the membership in APWA serves as a valuable resource for the Highway and Bridge programs, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That this membership is authorized.
SEQR ACTION: TYPE II-20

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Report from the Planning Committee

Ms. Kiefer, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be March 21 at 2 p.m.

Report from the Charter Review Committee

Mr. Lane, Chairman, reported the Committee met with George Dentes, District Attorney, and discussed that Department's provision in the Charter. The Committee also met with Sheriff Meskill and reviewed some of the changes that he has suggested. He said today he signed the letters to mayors and supervisors, sending out the draft for the vacancy section of the Charter. Those municipal leaders are being asked to discuss this proposal with their respective boards and submit comments to the Committee by May 15.

Report from the Communications Capital Projects Committee

Ms. Blanchard, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be March 26 at 11:30 a.m.

Report from the Space Needs and Location Committee

Mr. Joseph, Chairman, reported the Committee met and continued discussion about County space possibilities with much of the discussion focussed on the balance of doing a renovation at the Biggs B building versus moving the Health Department to a new location and how parking issues might be solved at a downtown location.

Report from the Public Safety Building Space Planning Committee

Mr. Joseph, Chairman, reported the Committee has not met; however, a meeting will be scheduled soon.

Approval of Minutes of March 5, 2001

It was MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote to approve the minutes of March 5, 2002 as submitted. MINUTES APPROVED.

Individual Member-Filed Resolutions

RESOLUTION NO. 52 -   RESOLUTION AGAINST THE PROPOSED INCREASE IN THE LOCAL GOVERNMENT RECORDS
                                            MANAGEMENT IMPROVEMENT FUND

MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote.

WHEREAS, the Governor has proposed to remove certain offices overseeing Cultural Education from the New York State Education Department, incorporating these in an entirely new Institute for Cultural Education, and
WHEREAS, in order to fund this Institute, including the State Archives, State Library, State Museum, and State Office for Public Broadcasting, New York State will need to raise millions of dollars in capital investment and plans to do this by quadrupling the present five dollars collected by all County Clerks and the Register of the City of New York on all recorded, indexed, and entered documents to twenty dollars, effective July 1, 2002, and
WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to support grants and technical assistance to local governments to improve and enhance the management of their records and information, and
WHEREAS, said fee increase would provide no improvement in service for the taxpayers paying the fee, nor any additional benefits to the local governments that must collect said fee increase, and
WHEREAS, no demonstrated benefit has been identified in the relocation of these functions to the proposed Institute, in contrast to the highly effective and beneficial relationship that local governments now enjoy with the New York State Education Department, now therefore be it
RESOLVED, by the Tompkins County Board of Representatives, That this body stands firmly opposed to the proposal,
RESOLVED, further, That a copy of this resolution be delivered to the Governor, the New York State Legislature, and all others deemed necessary and proper, and we urge them to likewise oppose this proposal.
SEQR ACTION: TYPE II-20

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RESOLUTION NO. 53 - Resolution of Respect, Margaret Harding, Director of the Tompkins County Office for the Aging 1980-1992

MOVED by Mrs. Schuler, and unanimously seconded and adopted by voice vote.

WHEREAS, Margaret Harding directed the Office for the Aging over a period of rich growth and development, and
WHEREAS, she started the Long Term Care Coordinating Service unit that has evolved into today's Long Term Care Unit, and
WHEREAS, she initiated the Personal Emergency Response System Program that today serves 294 county seniors, and
WHEREAS, Margaret Harding was a key player in the development of Gadabout which provides a transportation system for the county's seniors and disabled resident, and
WHEREAS, she served with distinction on many boards and committees, including fourteen years on the Ithaca City School District Board of Education and President of League of Women Voters on more than one occasion, and
WHEREAS, she ably served the County's seniors in her tenure as Director of the Office for the Aging with both intelligence and diligence, now therefore be it
RESOLVED, unanimously by this Board, That the members hereof express their deep appreciation and respect for the many contributions Margaret made to the Tompkins County community and extend their sympathy and sincere condolences to the family of Margaret Harding.
SEQR ACTION: TYPE II-20

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Recess

Chair Joseph declared recess from 7:21 p.m. to 7:35 p.m.

Executive Session

It was MOVED by Mrs. Schuler, seconded by Mr. Winch, and unanimously adopted by voice vote, to enter into executive session at 7:35 p.m. to discuss real estate negotiations.

Adjournment

On motion the meeting adjourned at 8:30 p.m.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Respectfully submitted by Michelle Pottorff, Deputy Clerk, Board of Representatives
 
 

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