Public Hearing - Local Law No. 1 of 2001 – Amending Chapter 150, Article VI of the Tompkins County Charter and Code to Implement Section 459-c of the Real Property Tax Law Dealing with Disability Tax Exemptions

Chair Mink called the first public hearing to order at 5:30 p.m. concerning Local Law No. 1 of 2001 – Amending Chapter 150, Article VI of the Tompkins County Charter and Code to Implement Section 459-c of the Real Property Tax Law Dealing with Disability Tax Exemptions. Chair Mink asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m.

Public Hearing – Local Law No. 2 of 2001 – Amending Chapter 150 of the Tompkins County Charter and Code by Adding New a Article VII Authorizing Property Tax Exemption for Living Quarters for Parents and Grandparents Age 62 or Older Under Real Property Tax Law Section 469

Chair Mink called the second public hearing to order at 5:31 p.m. concerning Local Law No. 2 of 2001 – Amending Chapter 150 of the Tompkins County Charter and Code by Adding New Article VII Authorizing Property Tax Exemption for Living Quarters for Parents and Grandparents Age 62 or Older Under Real Property Tax Law Section 469. Chair Mink asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:32 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 Representatives. Excused – 1 (Representative Todd).

Presentation of Proclamation

Chair Mink presented a proclamation declaring the month of March, 2001, to be Social Work Month in Tompkins County.

Privilege of the Floor by the Public

Fay Gougakis, City of Ithaca, spoke of the announcement by Representative Stein that he will not be seeking re-election for the Board. Ms. Gougakis acknowledged Mr. Stein for the many years he has dedicated to the residents of Tompkins County and the many contributions he has made. Ms. Gougakis said he has been a very good representative to the public and wished him well. She spoke of the Tompkins County Public Library and said she has difficulty concentrating there because of many disturbances and noise. She said she is not aware of any violence that is happening there, but feels the Library should hire only a person who will also enforce the Library as a quiet place where kids don’t run around screaming.

James Skaley, an Advocates for Sensible Area Planning (ASAP) member, spoke regarding the proposed communication towers project. He said the members voted that the County reconsider its action and involve the towns. He said ASAP does support upgrading and enhancing the public safety communication system. He said ASAP also would like to see the towns involved and understands this is a very expensive project that has potential involvement with the statewide system.

Mac Travis, Member of the Ithaca Downtown Partnership and a real-estate developer, spoke concerning the tax abatement proposal on the agenda. He spoke of the rent charged for downtown and collegetown space and said the tax abatement proposal will help their long-range plan see fruition. He urged the County to view this as an investment rather than a loss of revenue.

Privilege of the Floor by Board Members

Mr. Lane, District No. 14 Representative, spoke of the recent snow emergencies, and thanked the employees of the various public works departments and emergency medical services for their hard work and diligence over the last few days.

Mrs. Schuler, District No. 4 Representative, reported she received correspondence from Congressman Hinchey’s office that the public will now have 24-hour access to post office boxes downtown with the purchase of a key.

Chair’s Report and Appointments

Ms. Mink, Chair, wished Jeanne Boodley and Craig Hopkins, former employees of the Public Works Department, well in their employment with the Welliver McGuire Company.

Chair Mink made the following appointments:

Chamber of Commerce
Stuart Stein, Delegate
Barbara Mink, Alternate

Finger Lakes Library System
Stuart Stein, Delegate

Cooperative Extension Service
Stuart Stein, Alternate

Report from the County Administrator

Mr. Whicher reported George McClure has been hired for the position of Director of Information Technology Services. He thanked Representatives Lalley and Kiefer for their assistance in this position search. Mr. Whicher also reported Norma Jayne has begun employment in the Department of Administration.

Report from the County Attorney

Jonathan Wood, Deputy County Attorney, reported on the new Solid Waste Center contract. He reported there will be an improvement in the paper line that should increase capacity by approximately 100 percent. He said this is expected to be a major improvement for the Facility.

Report from the Finance Director

Mr. Squires had no report.

Addition of Resolution(s) to the Agenda

On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda:

Ratification of Bargaining Agreement Civil Service Employees Association, Blue Collar Unit

No resolutions were withdrawn from the agenda.

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

On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following appointments and resolutions were approved under the Consent Agenda:

RESOLUTION NO. 33 - BUDGET ADJUSTMENTS – ENVIRONMENTAL HEALTH

MOVED by Mrs. Schuler, seconded by Ms. Davis, and unanimously adopted by voice vote by members present, 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
Environmental Health (#14)
Revenue Acct     Title                     Amt             Approp Acct  Title(s) __________
4090 43489     Other State Aid     $13,249     4090 51000     Salary
4090 43489     Other State Aid     $ 1,700      4090 52206     Computer Equipment
4090 43489     Other State Aid     $ 986         4090 52214     Office Furnishings
4090 43489     Other State Aid     $ 300         4090 52230     Software
4090 43489     Other State Aid     $ 500         4090 54330     Printing
4090 43489     Other State Aid     $ 1,000      4090 54333     Educ. And Promotion
4090 43489     Other State Aid     $ 700         4090 54440     Program Expense
4090 43489     Other State Aid     $ 100         4090 54412     Travel/Training
4090 43489     Other State Aid     $ 200         4090 54414     Local Mileage
4090 43489     Other State Aid     $ 3,312       4090 58800    Fringe Pool
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Appointment(s)

Hillview Road Landfill Citizens Advisory Committee
Dooley Kiefer - County Board Representative; term expires December 31, 2001

Tompkins County Library Board of Trustees
Rajindra Aneja - term expires December 31, 2003

Tompkins County Youth Board
Mary Agnes Hamilton - Village of Cayuga Heights Representative - term expires December 31, 2003

Further appointments were made following the Report from the Planning Committee.

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

Mrs. Schuler, Chair, reported the Committee met briefly before this meeting and approved the resolution that was added to the agenda.

RESOLUTION NO. 34 - AUTHORIZATION FOR THE COUNTY OF TOMPKINS TO ENTER AN OCCUPANCY AGREEMENT WITH TOMPKINS COMMUNITY ACTION

MOVED by Mrs. Schuler, seconded by Mr. Winch. Mr. Proto said he cannot support this resolution because although he supports Tompkins Community Action and its programs, he does not feel this is an appropriate use of County funds. A voice vote resulted as follows: Ayes - 11, Noes - 3 (Representatives Kiefer, Proto, and Totman); Excused - 1 (Representative Todd). RESOLUTION ADOPTED.

WHEREAS, Tompkins Community Action performs valuable services for the County, and

WHEREAS, the County wishes to support their purchase of a building, and

WHEREAS, there are precedents for this kind of assistance to non-profit agencies, and

WHEREAS, the Board of Representatives authorized bonding for this project by Resolution No. 253 of 2000, now therefore be it

RESOLVED, on recommendation of the Health and Human Services Committee, That the County enter an occupancy agreement with Tompkins Community Action,

RESOLVED, further, That the County Administrator or designee be authorized to sign documents related to this contract.

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Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee

Mr. Stein, Chairman, reported the Committee has not met since the last Board meeting; however, there has been a lot of activity taking place surrounding the electric power program.

RESOLUTION NO. 35 - REQUESTING NEW YORK STATE LEGISLATION AUTHORIZING AN INCREASE IN THE HOTEL OR MOTEL ROOM TAX IN TOMPKINS COUNTY FROM THREE PERCENT TO FIVE PERCENT AND ENDORSING 2001 LEGISLATIVE BILLS S2091/A3473

MOVED by Mr. Stein, seconded by Mr. Joseph. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Representative Totman); Abstentions - 1 (Representative Schuler); Excused - 1 (Representative Todd). RESOLUTION ADOPTED.

WHEREAS, Section 1202-f of New York State Tax Law authorizes the Board of Representatives to impose a hotel or motel room tax in an amount not to exceed three percent of the per diem rental rate for each hotel or motel room, and

WHEREAS, funds received from the hotel or motel tax are used to enhance tourism and cultural activities in the County, and

WHEREAS, increased funding for tourism and cultural activities would benefit Tompkins County and its residents and support economic development, now therefore be it

RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the Tompkins County Board of Representatives requests that the New York State Legislature adopt legislation amending Section 1202-f of the New York State Tax Law to provide that the rate of the hotel or motel tax in Tompkins County "shall not exceed five percent",

RESOLVED, further, That the Tompkins County Board of Representatives endorses Legislative Bills S2091/A3473 in the 2001 State Legislature entitled "AN ACT to amend the tax law, in relation to the rate of hotel or motel tax in Tompkins County",

RESOLVED, further, That the Clerk of the Board is directed to forward a copy of this resolution to Assemblyman Luster, Senator Seward and Senator Kuhl.

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RESOLUTION NO. 36 - APPROPRIATION FROM CONTINGENT FUND - SECURITY GUARD AT THE TOMPKINS COUNTY PUBLIC LIBRARY

MOVED by Mr. Stein, seconded by Mr. Proto.

Mr. Winch said he thinks when people are not following rules they should be asked to leave and that this duty should be incorporated into one of the positions that were added when the new Library was created.

Ms. Davis responded saying this has been revisited and staff will be trained on how to deal with aggressive members of the public. She noted the Library has experienced a dramatic increase in the number of users, and said this request was made last year but was cut during the budget process.

Ms. Blanchard stated staff training in this area is extremely important. She feels comfortable approving $17,000 as a stop-gap amount until staff receives its training.

Mr. Stein said this request was made in response to immediate problems that are occurring at the Library, and there may be better ways to handle these problems with more time. The question of hiring someone who would have more duties than just a security guard has been raised and is one of the areas that will be explored. He also feels it is necessary to respond to this immediate problem, and it would be appropriate to approve this as a stop-gap measure for this year.

Mr. Totman disagreed with spending any additional funds at this time. He feels that approval of these funds could precipitate requests from other departments for security officers.

Mr. Proto understands concerns that have been raised; however, he feels this should be approved, given the details that are outlined in the resolution.

Mr. Lane agreed to support this as a temporary measure. He feels there are many vulnerable populations that visit the Library and he does not want to see them avoid using the Library.

A short roll call vote resulted as follows: Ayes – 11, Noes – 3 (Representatives Joseph, Totman, and Winch); Excused - 1 (Representative Todd). RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Board of Representatives is responsible for furnishing funds for the equipment, maintenance, and operation of the library (City Charter Article XIII), and

WHEREAS, the Library Board of Trustees is responsible for the management and operation of the library, and

WHEREAS, the Library Board of Trustees has reviewed the level and number of critical incidents in the new library, and

WHEREAS, the Library Board of Trustees has concluded that a security guard is necessary in order to ensure the safety and security of library staff and the library patrons, and

WHEREAS, the Library Board of Trustees has examined its 2001 operating budget and concluded that it does not have sufficient funds for this expense, and

WHEREAS, the Library Board of Trustees has approved a resolution asking the Board of Representatives for funding for such security guard for one year from April 2001 – March 2002 with one-time funding from the county contingency budget, and

WHEREAS, the Library Board of Trustees will continue to monitor and report back to the County Board on a monthly basis regarding the effectiveness of the security guard, now therefore be it

RESOLVED, on recommendation of the Economic and Workforce Development and Budget and Capital Committees, That $17,000 be appropriated from the Contingent Fund to the Tompkins County Public Library for a security guard for 2001,

RESOLVED, further, That the Library Director and staff undertake additional training to better understand and address the dynamics of challenging patrons in public spaces and take steps to meet those challenges.

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RESOLUTION NO. 37 TAX INCENTIVE PROGRAM FOR MULTI-STORY DEVELOPMENT

MOVED by Mr. Stein, seconded by Ms. Blanchard.

Mr. Lane said he opposes this because he would like the IDA to continue to maintain a conservative posture. He said he also does not agree with the IDA having the ability to make a decision for all taxing authorities. He said the County represents the entire County, where the City of Ithaca and the Ithaca City School District support the City. He does not feel that residents in the outlying towns should financially support new development in the City of Ithaca.

Ms. Kiefer said she appreciates the map clarifying the area included I the abatement and the different maximum heights; she had hoped to receive an answer for the rationale for having maximum tax abatement the higher a building is. She also expressed concern for what might happen to the Library solar panels, and said there is no message from the City as to how they will deal with those panels. Ms. Kiefer said she does support returning to the IDA's usual abatement of 50 percent.

Ms. Kiefer recalled discussion about the Memorandum of Understanding with the City was undergoing work and wondered if there could be language added to acknowledge the need for solar access in that area. Ms. Mink said although it was not included, the County was given verbal assurances of this. Ms. Kiefer stated that she very supportive of denser development in the core part of the City and that what happens in the City is very important to everyone. She thinks the argument that this is to combat horizontal sprawl is fine but feels this would be vertical sprawl and may result in the loss of a more human-scale look to the downtown area.

Ms. Blanchard stated that she is very supportive of this as Tompkins County has just embarked on the Vital Communities Program. She mentioned during a recent workshop a speaker talked about the importance of having a tax incentive that would focus on increasing density and strengthening the urban core.

Mr. Totman agreed with Ms. Blanchard and said he is in complete support of this proposal. He said if things aren't done to encourage development, it is going to get worse and people will end up paying more.

Mr. Penniman said he views this as making a big commitment that will result in a great benefit. He has concerns over zoning issues but supports the City in handling those issues.

Mr. Winch said he will support this resolution because TCAD will work closely with the rural municipalities. He said he sees this as a way that service jobs will be created and would very much like to be a part of turning around jobs going south. Mr. Winch did express concern about the soil in relation to the height of the buildings and questioned whether there is soil to support the buildings and questioned whether soil investigations have been done. He also spoke of parking and asked how the City plans to address parking issues.

Mr. Joseph challenged the notion that this is providing a benefit to the City at the expense of rural municipalities. He said this is to combat sprawl and that it is important to see this as a policy that is good for the County as a whole.

Ms. Davis said her district encompasses the Library and they care very much about the solar panels.

Mr. Lane questioned whether this would be the impediment that will keep a building from going up. He feels there is nothing wrong with encouraging higher density in the City of Ithaca but does not agree with asking residents outside the City to shoulder some of the costs.

Ms. Mink said she agrees with Mr. Joseph, but noted that we are changing the uses of IDA tax abatement bonds to now include residential and retail.

A voice vote resulted as follows: Ayes - 12, Noes - 2 (Representatives Lane and Kiefer); Excused - 1 (Representative Todd). RESOLUTION ADOPTED.

WHEREAS, sprawl is a nationally-recognized environmental problem, and

WHEREAS, concentrated development is one means of reducing and combating sprawl, and

WHEREAS, taller buildings, which are necessary for denser development, are more expensive to construct than single-story suburban structures, and

WHEREAS, property taxes in Tompkins County and the City of Ithaca are a major expense for the developers of real estate, and

WHEREAS, reducing the tax burden on new construction can help stimulate denser development in the built up commercial areas of the City, towns and villages of Tompkins County, and

WHEREAS, the Tompkins County Industrial Development Agency has the authority under New York State Law to abate property taxes for a variety of uses, and

WHEREAS, a tax incentive program has been reviewed and approved by the City of Ithaca Common Council at its meeting on July 5, 2000, and

WHEREAS, the Ithaca City School District Board of Education also reviewed, endorsed and supported the same tax incentive program at its meeting on December 19, 2000, and

WHEREAS, the tax incentive program requests that the Tompkins County Industrial Development Agency provide a temporary and partial abatement of real property tax for specific types of development in specific areas of the City, and

WHEREAS, such an abatement program would result in no net loss of current tax revenue and would contribute to new development and rehabilitation of multi-story buildings, now therefore be it

RESOLVED, on recommendation of the Economic and Workforce Development and Government Operations Committees, That the Tompkins County Board of Representatives does hereby endorse and support a program of tax abatements for the County portion of the tax bill that reflects the current abatement program offered by the Industrial Development Agency for those areas as shown on the map on file, an area which encompasses the downtown central business district, the West State Street corridor, the West End and Inlet Island,

RESOLVED, further, That the Tompkins County Board of Representatives requests that the Tompkins County Area Development work closely with our rural municipalities in developing a similar tax incentive program for those areas,

RESOLVED, further, That this program shall be subject to a five-year sunset provision at which time it will be reviewed by the Industrial Development Agency to ascertain its impact and its success in achieving the goals of the program, such review to be reported to the County Board.

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RESOLUTION NO. 38 - CREATION OF POSITION AND BUDGET TRANSFER - EMPLOYMENT AND TRAINING DIRECTOR - WORKFORCE DEVELOPMENT

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

WHEREAS, Governor Pataki announced in August 2000 that local workforce boards must separate programs from policy and board staff cannot operate Workforce Investment Act or Welfare-to-Work programs, and

WHEREAS, the Employment and Training Director II position will continue to provide oversight and monitoring of the One-Stop Operator, partner programs as they pertain to the Workforce Development System, as well as provide assistance to the Workforce Development Board, and

WHEREAS, the creation of the new Employment and Training Director position will provide oversight for the Workforce Investment Act and Welfare-to-Work Program as well as provide supervision for the One-Stop Center, and

WHEREAS, one hundred percent (100%) funding for this position is provided by a Federal grant, and such position will not continue to be filled should Federal funding no longer be available, now therefore be it

RESOLVED, on recommendation of the Economic and Workforce Development Committee, That one position of Employment and Training Director (86/189), labor grade O (15), competitive class, 40 hours per week, be created effective immediately,

RESOLVED, further, That the Director of Finance is authorized to make the following budget transfer:

From: CD6290.54400 Training $38,120

To: CD6290.51000 Regular Pay $30,742
                    .58800 Fringes 7,378

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RESOLUTION NO. 39 - APPROVAL OF CONTRACT WITH ADVANTAGE ENERGY FOR THE PURCHASE OF ELECTRICITY BY THE COUNTY,AND APPROVAL OF A MASTER AGREEMENT TO OFFER
ELECTRICITY TO THE MUNICIPAL ELECTRIC AND GASALLIANCE
 
MOVED by Mr. Stein, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present.

WHEREAS, the Municipal Electric and Gas Alliance (MEGA) was formed to include Tompkins, Tioga, Broome, Otsego, and other counties, as well as municipalities, businesses, and residential customers, to collectively purchase electric and natural gas to achieve the greatest savings, and

WHEREAS, any member of MEGA has the right to make a choice to continue as a member of MEGA, or to leave, and other non-residential or residential customers will be offered the opportunity to join, and

WHEREAS, the Tompkins County Finance Department (Purchasing Division) advertised a Bid for provision of electricity to members of MEGA, and

WHEREAS, two (2) companies responded to the Bid and Advantage Energy, Inc., was the lowest bidder who also offers the most savings to MEGA members, and

WHEREAS, it is in the best interest of County government and its taxpayers to contract with the supplier (Advantage Energy, Inc.), and further, that it is important to contract with the selected supplier as soon as possible because of the rapid price fluctuation of electricity, and the expiration of the current agreement with another electricity supplier, and

WHEREAS, the consultant to the County and the Alliance has recommended the selection of Advantage Energy, Inc., to be the supplier of electricity under this new contract, now therefore be it

RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the County Administrator or his designee is authorized to execute a master agreement with Advantage Energy, Inc., for the period March 15, 2001 through March 31, 2003, with an option to renew for three additional one-year terms subject to mutual agreement and further savings.

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

Mr. Totman, Chair, reported the committee met prior to this meeting to amend a resolution that appears on the agenda. The next meeting will be March 8^th at noon.

RESOLUTION NO. 40 - APPROPRIATION FROM ATI CONTINGENT POOL – FACILITATED VICTIM/OFFENDER INTERACTIONS – COMMUNITY DISPUTE RESOLUTION CENTER; LIFE SKILLS COMPETENCY – YOUTH ADVOCACY PROGRAM; JAIL BASED TREATMENT PROGRAM – ALCOHOLISM COUNCIL OF TOMPKINS COUNTY; CRIMINAL JUSTICE CENTER LITERACY SERVICES – LITERACY VOLUNTEERS

MOVED by Mr. Totman, seconded by Mrs. Schuler.
It was MOVED by Mr. Joseph, seconded by Mr. Totman, to amend the resolution by deleting an allocation in the amount of $83,475 for OAR.

Mr. Proto asked for an update on the transitional-housing proposal. Mr. Totman reported the Public Safety Committee voted it down as it was presented. He stated there were a number of programs that were in the pool but not enough money to pass them all. Mr. Proto asked if there are any other programs that are going to propose transitional housing as an alternative-to-incarceration initiative. Mr. Totman responded not at this time. He said the Committee asked the Criminal Justice Director to prioritize the ATI programs and this resolution reflects her response to that request.

It was MOVED by Mr. Proto to table this resolution indefinitely. MOTION FAILED DUE TO LACK OF A SECOND.

It was MOVED by Mr. Proto to include the transitional-housing program in the amount of $84,000. MOTION FAILED DUE TO LACK OF A SECOND.

A voice vote on the amendment resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Todd). MOTION CARRIED.

A roll call vote on the resolution as amended resulted as follows: Ayes – 13, Noes – 1 (Representative Proto); Excused – 1 (Representative Todd). RESOLUTION APPROVED AS AMENDED.

WHEREAS, Tompkins County, in the 2001 County Budget, authorized the creation of a variety of programs designed to alleviate the need for jail expansion, and

WHEREAS, some of the programs were placed in a contingency pool for further consideration and development, and

WHEREAS, these five programs are now ready for implementation under the direction of the Community Justice Director, and

WHEREAS, the funding of these programs will enhance the overall goal of jail population reduction, now therefore be it

RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the County appropriate $158,645 from the ATI Pool Contingency Fund to the ATI Budget and the County Administrator or his designee is directed to execute contracts with the designated agencies to provide these services.

FROM: 1990.44400 Contingency Fund $158,645

TO: 3160.54400 Program Expense:
                            CDRC-Facilitated Victim/Offender Interactions $ 40,177
                            YAP-Life Skills Competency $ 29,543
                            ACTC/AH In-Jail Treatment $ 28,125
                            Literacy Volunteers-Education Services $ 60,800

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

Mr. Joseph, Chairman, had no report.

RESOLUTION NO. 41- AMENDMENT OF RESOLUTION NO. 14 OF 2000 - REQUEST FOR AUTHORIZATION TO EXTEND THE ADDITIONAL ONE PERCENT LOCAL SALES TAX RATE IN TOMPKINS COUNTY

MOVED by Mr. Joseph, seconded by Mr. Penniman. A voice vote resulted as follows: Ayes - 11, Noes - 3 (Representatives Proto, Schuler, and Winch); Excused - 1 (Representative Todd). RESOLUTION ADOPTED.

WHEREAS, the County of Tompkins has had the authority to enact an additional one cent of sales and use taxation since December 1, 1992, and has enacted such taxation, and

WHEREAS, this authority has been exercised since that date and expires November 30, 2001, and

WHEREAS, this Board has been requested by the offices of Assemblyman Luster and Senator Seward to forward any request for an extension of this authority when legislation can be timely prepared and submitted at the beginning of a session of the legislature, and

WHEREAS, the expiration of the additional one percent local sales tax would necessitate, based on the most recent returns, 1) $6.8 million in reductions in County expenditures, which would have a major effect on the availability of services, or in a 34 percent increase in County property taxes, or some combination thereof, as well as 2) substantial reductions or tax increases for the City, towns, and villages of Tompkins County, and

WHEREAS, this Board adopted Resolution No. 14 of 2000 requesting the State to extend the additional one percent local sales tax in Tompkins County for four years, and

WHEREAS, the request of extension for four years was not approved by the State Legislature, now therefore be it

RESOLVED, on recommendation of the Budget and Capital Committee, That Resolution No. 14 of 2000 is hereby amended and that this Board requests Assemblyman Luster, Senator Seward, and Senator Kuhl sponsor and support legislation extending the authority of the Board of Representatives of Tompkins County to extend the additional one percent local sales tax in Tompkins County beyond November 30, 2001, for a period of two years based on the same terms and conditions included in previous legislation, to provide local property tax relief.

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

Mr. Koplinka-Loehr, Chairman, reported the Committee met on March 1 and reviewed the cash management and foreclosure policies. The Committee had a brief discussion on the budget transfer and adjustment process and forwarded a request to the County Administrator that he make a recommendation to the Committee. Mr. Koplinka-Loehr called attention to the advisory board vacancy list and stated at the present time there are 133 vacancies on the various boards and committees.

RESOLUTION NO. 42- ESTABLISHING SALARIES AND BENEFITS OF MANAGEMENT AND CONFIDENTIAL EMPLOYEES, 2001

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Joseph. A voice vote resulted as follows: Ayes - 12, Noes - 2 (Representatives Kiefer and Penniman); Excused - 1 (Representative Todd). RESOLUTION ADOPTED.

WHEREAS, this Board previously determined that the salary schedules for Management and Confidentials should be reviewed for equity, and

WHEREAS, this process will take several years, now therefore be it

RESOLVED, on recommendation of the Government OperationsCommittee, That Management and Confidential employees newly hired, reclassed, or who change positions after January 1, 2001 be salaried based upon the relevant schedule,

RESOLVED, further, That the incumbents in Management positions on January 1, 2001 shall receive an increase not less than 3.1875 percent nor greater than 4.25 percent annually effective January 1, 2001,

RESOLVED, further, That the incumbents in Confidential positions on January 1, 2001 shall receive an increase not less than 3.71875, nor greater than 4.25 percent effective January 1, 2001,

RESOLVED, further, That effective January 1, 2001, Management and Confidential employees shall contribute 20 percent towards the cost of health insurance and be entitled to a VEBA (Voluntary Employee Benefit Account) equal to the differential between the employee share of health insurance at 15 percent and the employee share at 20 percent,

RESOLVED, further, That Management and Confidential employees shall receive longevity payments as provided for in a relevant schedule and shall be entitled to all other fringe benefits specified in the CSEA White Collar agreement except where different fringe benefits are provided for in Administrative Policy 03-01, fringe benefits for non-unionized employees.

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RESOLUTION NO. 43 - ADOPTION OF LOCAL LAW NO. 1 OF 2001 - AMENDING CHAPTER 150, ARTICLE VI OF THE TOMPKINS COUNTY CHARTER AND CODE TO IMPLEMENT SECTION 459-C OF THE REAL PROPERTY TAX LAW DEALING WITH DISABILITY TAX EXEMPTIONS

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

WHEREAS, a public hearing has been held before the Board of Representatives on March 6, 2001, to hear all persons interested in proposed Local Law No. 1 of 2001, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 1 of 2001 - Amending Chapter 150, Article VI of the Tompkins County Charter and Code to Implement Section 459-c of the Real Property Tax Law, be and hereby is adopted,

RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said Local Law, and shall within five (5) days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.

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RESOLUTION NO. 44 - ADOPTION OF LOCAL LAW NO. 2 OF 2001 - AMENDING CHAPTER 150 OF THE TOMPKINS COUNTY CHARTER AND CODE BY ADDING NEW ARTICLE VII AUTHORIZING PROPERTY TAX EXEMPTION FOR LIVING QUARTERS FOR PARENTS AND GRANDPARENTS AGE 62 OR OLDER UNDER REAL PROPERTY TAX LAW SECTION 469

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

WHEREAS, a public hearing has been held before the Board of Representatives on March 6, 2001, to hear all persons interested in proposed Local Law No. 2 of 2001, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 2 of 2001 - Amending Chapter 150 to the Tompkins County Charter and Code by Adding New Article VII Authorizing Property Tax Exemption for Living Quarters for Parents and Grandparents Age 62 or Older Under Real Property Tax Law Section 469, be and hereby is adopted,

RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said Local Law, and shall within five (5) days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.

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RESOLUTION NO. 45 - SETTING THE INCOME LIMITS FOR THE PERSONS WITH DISABILITIES AND LIMITED INCOMES REAL PROPERTY TAX EXEMPTION

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

WHEREAS, the County Board desires to increase the income limits for the Persons with Disabilities and Limited Incomes Real Property Tax Exemption, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That M as stated in Local Law No. 1 of the year 2001 be defined as $20,000,

RESOLVED, further, That the following schedule of income limits and corresponding percentage exemptions be adopted.

Percentage Assessed Valuation

Annual Income Exempt From Taxation

$20,000 or less 50%
$20,001 to $20,999 45%
$21,000 to $21,999 40%
$22,000 to $22,999 35%
$23,000 to $23,899 30%
$23,900 to $24,799 25%
$24,800 to $25,699 20%
$25,900 to $26,599 15%
$26,600 to $27,499 10%
$27,500 to $28,399 5%

SEQR ACTION: TYPE II-20

RESOLUTION NO. 46 - RATIFICATION OF BARGAINING AGREEMENT CIVIL SERVICE EMPLOYEES ASSOCIATION, BLUE COLLAR UNIT

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Kiefer); Excused - 1 (Representative Todd). RESOLUTION ADOPTED.

RESOLVED, on recommendation of the Negotiating Committee, That the bargaining agreement between Tompkins County and the Civil Service Employees Association, Blue Collar Unit, for the years 2001, 2002, 2003 and 2004 is hereby ratified.

SEQR ACTION: TYPE II-20

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

Mr. Lane, Chairman, reported the Committee met on the February 27^th and discussed many issues including the role of the Public Works Department and the Buildings and Grounds facility. Barbara Eckstrom, Solid Waste Manager, reported she had received a request from Ontario County to cove increasing transportation costs; however, Ms. Eckstrom was able to resolve that situation and there will be no increased cost.

Arel LeMaro, Building and Grounds Manager, reported to the Committee on the gas pipe leak that recently occurred in Building C and said the pipe has been repaired. Mr. Lane said the Committee discussed air quality in that building and that the County will continue to monitor carbon dioxide levels. Mr. Lane reported the Committee also received a presentation on goals for the Solid Waste Division and the Airport. He announced Ward Hungerford, Highway Manager, will be retiring in the spring.

RESOLUTION NO. 47 - AUDIT OF FINAL PAYMENT - PARALLEL TAXIWAY RELOCATION - SUIT-KOTE CORPORATION

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

WHEREAS, Suit-Kote Corporation has completed their construction contract of the Parallel Taxiway Relocation for the Tompkins County Airport, now therefore be it

RESOLVED, on recommendation of the Public Works Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Tompkins County Board of Representatives:

Vendor                        Payment Requested     Account No.        Amount
Suit-Kote Corporation     4 (and final)              HT5601.9239       $78,365.29

RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT5601.l59239.

SEQR ACTION: TYPE II-20

RESOLUTION NO.48 - AUTHORIZATION TO EXECUTE DESIGN FUNDING AGREEMENT
WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION - BRIDGE PAINTING

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

WHEREAS, a Project for Tompkins County Bridge Painting, P.I.N. 375323, (the Project), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80 percent Federal funds and 20 percent non-federal funds, and

WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of 100 percent of the non-federal share of the costs of Design, and

WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the New York State Department of Transportation (NYSDOT) requires the County to appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, now therefore be it

RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred (100 %) percent of the federal and non-federal share of the costs of design work for the subject Project or portions thereof,

RESOLVED, further, That the sum of $25,000 is hereby made available within Account No. D5111.54411, Road/Bridge Contracts, to cover the cost of participation in the Design phase of the Project,

RESOLVED, further, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Tompkins County Board of Representatives shall convene as soon as possible to appropriate said excess amount immediately upon the notification of the NYSDOT thereof,

RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications and reimbursement requests for Federal Aid and /or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefor that are not so eligible,

RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,

RESOLVED, further, That this resolution shall take effect immediately.

SEQR ACTION: TYPE II-21

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

Mr. Penniman, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be March 12. He spoke of the resolution that was withdrawn at the last meeting in regard to the Ithaca Downtown Partnership and said Gary Ferguson, Executive Director of the IDP, will attend the next meeting to answer questions that have been raised.

RESOLUTION NO. 49 - AMENDING RESOLUTION NO. 57 OF 2000 – RESTRUCTURING
OF COUNTY WATER RESOURCES COUNCIL

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

WHEREAS, Resolution No. 57 of 2000, Restructuring of County Water Resources Council, set the term of office at "two years with half of the initial appointments to have one-year terms", now therefore be it

RESOLVED, on recommendation of the Planning Committee, That the membership term be three years with the terms of one-third of the membership expiring every year.

SEQR ACTION: TYPE II-20

RESOLUTION NO. 50 - APPROVAL OF WATER RESOURCES COUNCIL BYLAWS

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

WHEREAS, the restructured Water Resources Council was established by Resolution No. 57 of 2000, and

WHEREAS, the aforementioned resolution called for the Water Resources Council to make a recommendation of the "bylaws, rules and procedures for its operations for the approval of the County Board of Representatives," and

WHEREAS, the Water Resources Council has developed and adopted a proposed set of Bylaws at its January 29, 2001 meeting, now therefore be it

RESOLVED, on recommendation of the Planning Committee, That the Water Resources Council Bylaws be approved by the County Board of Representatives.

SEQR ACTION: TYPE II-20

Appointments
On motion and duly seconded and unanimously adopted by voice vote by members present, the following appointments were approved:

It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, to lift Resolution No. 21 from the Table.

It was MOVED by Mr. Stein, seconded by Ms. Davis, and unanimously adopted by voice vote by members present, to delete the following: Appendix B. (eighth bullet) " SCHEDULE OF ELIGIBLE SECURITIES - Obligations of domestic corporations rated in one of the two highest rating categories by at least one nationally recognized statistical rating organization".

Mr. Lane said there have been problems over the years with allowing repurchase agreements, and MOVED to amend article 13 and replace with wording that states repurchase agreements are not authorized, seconded by Mr. Stein.

Mr. Squires stated the County has not been using repurchase agreements but feels they are a valuable tool for the banks. It is an instrument they don’t have to collatorize. If they don’t have any collateral they like to do repurchase agreements. He said if this is deleted it could limit the County’s position in certain agreements.

A voice vote on the amendment resulted as follows: Ayes - 2 (Representatives Kiefer and Lane), Noes - 12, Excused - 1 (Representative Todd). AMENDMENT FAILED.

A voice vote on the resolution and policy as amended resulted as follows: Ayes - 13, Noes - 1 (Representative Lane); Excused - 1 (Representative Todd). RESOLUTION ADOPTED.

WHEREAS, Article 2 -Section 10 of the General Municipal Law requires each local government to authorize depositories for public funds, and

WHEREAS, Article 2 -Section 11 of the General Municipal Law requires each local government to authorize Permitted Investments for public funds not required for immediate expenditure, and

WHEREAS, Article 3-Section 39 of the General Municipal Law requires each local government to adopt a comprehensive investment policy which details the local government’s operative policy and instructions to officers and staff regarding the investment of public funds, and that the Investment Policy shall be annually reviewed by the local government, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That the attached Cash Management and Investment Policy dated January 2001, is hereby adopted.

SEQR ACTION: TYPE II-20

I. SCOPE

• To conform with all applicable federal, state and other legal requirements (legality),
• To adequately safeguard principal (safety),
• To provide sufficient liquidity to meet all operating requirements (liquidity), and,
• To obtain a reasonable rate of return (yield).

• No more than 15% of the overall portfolio may be deposited in Money Center Banks or in state-authorized cooperative investment programs.

• No more than 10% of the overall portfolio may be invested in the securities of a single issuer, except the U.S. Treasury.

• No more than 10% of the portfolio may have a maturity beyond twelve months,
• The average maturity of the portfolio shall never exceed one year, and,
• At least 10% of the portfolio shall be invested in accounts, instruments or marketable securities that can be liquidated to raise cash on one business day's notice.

• Special time-deposit accounts
• Certificates of deposit
• Obligations of the United States of America
• Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America
• Obligations of the State of New York
• Obligations issued pursuant to Local Finance Law §24 or §25 (with approval of the State Comptroller) by any municipality, school district, or district corporation other than the City
• Obligations of public authorities, public housing authorities, urban- renewal agencies ,and industrial-development agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such investments
• Certificates of Participation issued pursuant to General Municipal Law §109-b
• Cooperative Investment Pools (approved by the State Comptroller)

• All repurchase agreements must be entered into subject to a Master Repurchase agreement providing for the terms outlined below and satisfactory to the County Attorney
• The County may only be the initial purchaser in such agreements
• Trading partners are limited to banks or trust companies meeting the rating requirements of one of the nationally recognized rating organizations as described in Appendix C or primary reporting dealers approved by the Federal Reserve Bank of New York
• Obligations shall be limited to obligations of the United States of America and obligations guaranteed by agencies of the United States of America
• No substitution of securities will be allowed
• The custodian of the purchased securities shall be a party other than the trading partner satisfactory to the County
• Tenor of the repurchase agreement should be no longer than 3 months
• Tenor of the securities to be purchased should be no longer than 10 years
• The market value of the securities purchased shall exceed the purchase funds by the margins shown below; and the securities shall be revalued daily, and these margins should be maintained by the initial seller during the life of the transaction:
• For bills or bonds less than 3 years tenor, 3%;
• For bills or bonds of 3 years to 10 years, 4 1/2%;
• No one repurchase agreement may exceed $2,000,000, and,
• The County retains the right to terminate the agreement and sell the securities outside the repurchase agreement if any of the above items are not met, after adequate notice to the initial seller.

The type of securities that are considered "eligible securities" for collateralization are:

• Obligations issued by the United States of America, an agency thereof, or a United States government-sponsored corporation, or obligations fully insured or guaranteed as to the payment of principal and interest by the United States of America, an agency thereof, or a United States government- sponsored corporation.
• Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank.
• Obligations partially insured or guaranteed by any agency of the United States of America, at a proportion of the market value of the obligation that represents the amount of the insurance or guaranty.
• Obligations issued or fully insured or guaranteed by New York State, obligations issued by a municipal corporation, school district, or district corporation of New York State, or obligations of any public- benefit corporation which under a specific state statute may be accepted as security for deposit of public moneys.
• Obligations issued by states (other than New York State) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.
• Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.
• Obligations of counties, cities, and other governmental entities of another state having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.
• Any mortgage- related securities, as defined in the Securities Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by federal bank regulatory agencies.
• Commercial paper and bankers' acceptances issued by a bank (other than the bank with which the money is being deposited or invested) rated in the highest short-term category by at least one nationally recognized statistical rating organization and having maturities of not longer than sixty days from the date they are pledged.
• Zero-coupon obligations of the United States government marketed as "Treasury STRIPS".

The following are the organizations generally considered to be Nationally Recognized Statistical Rating Organizations, and their respective investment rating categories which are considered acceptable for investments by the County or for securities eligible as collateral for Deposits by the County:

NRSRO Long Term Debt* Short Term Debt**

Moody’s Investor Services A1 or better P-1 or better

Standard & Poors A+ or better A-1 or better

Fitch A+ or better F-1 or better

Duff & Phelps AA- or better D-1 or better

IBCA AA- or better A1 or better

BankWatch (Banks) B or better TBW2 or better

Report from the Charter Review Committee

Mr. Lane, Chairman, reported the Committee met on February 22 and it was well attended. There was discussion about the issues of what it would take to reapportion this year and the impact it would have on the towns. Mr. Lane stated his Committee is looking at the feasibility of getting the reapportionment done this year. Jonathan Wood, Deputy County Attorney, has been asked to investigate how this could be accomplished. Other options being looked at are weighted voting and staggered terms for Board members. If we change the term of office and had a special election, it could cost approximately $30,000. All of these options will continue to be discussed at the next meeting.

Report from the Communications Capital Projects Committee

Ms. Blanchard, reported the Committee met and continued to discuss sites. The Committee charged the County Administrator in his new role as Project manager to do some refinement of the financial matrix. The next meeting will be March 27 at noon. She reported notifications in regard to SEQR have gone out.

Report from the Information Management Committee

Ms. Kiefer, Chair, reported today’s meeting was canceled due to inclement weather.

Report from the Intermunicipal Planning Committee

Ms. Mink, Chair, reported the Committee met on February 23 and discussed concerns related to the communication towers. A few town supervisors attended and here was a healthy interchange. The next meeting will be March 23^rd at 9:30 a.m.

Report from the Space Needs and Location Committee

Ms. Mink, Chair, reported the Committee is looking at the Biggs B building and at low-impact solutions for use of the Old Library building. The next meeting will be March 23^rd at 11:30 a.m.

Report from the Tompkins 2020 Committee

Mr. Koplinka-Loehr, Chairman, reported the Quality-of-Life 2000 Committee will meet tomorrow night and do some final work on selecting indicators and priorities. They will also discuss how this information will be presented to the Board and community.

Report from the Public Safety Building Space Study Committee

Mr. Joseph, Chairman, reported last year this Board decided to undertake a study of the feasibility of a joint jail facility with Cortland County and appropriated $30,000 to pay for a consultant to help with that study. A joint study committee was set up to look at a cooperative solution. It was agreed that the study would be done step by step and at any point where it didn’t look feasible the study would end. Mr. Joseph said that time has come and the study is being terminated. He said $16,000 out of the total $60,000 that was allocated between Tompkins and Cortland counties was expended, and our remainder will return to the General Fund.

Mr. Joseph stated they found significant differences in the way each current facility operates and that raised problems. There were serious questions about transportation expenses and the fact that when the City police make an arrest they provide for the transport to the Jail. However, if the facility was relocated they would likely call on the County to do the transport. Both counties have experienced a decline in jail population that is likely due to alternative-to-incarceration initiatives. Another obstacle that was foreseen was governance of a joint facility. Mr. Joseph stated there is a difference in wage scales between the counties and that would be another impediment. He said several key players that have been involved in looking at this option have concluded that a joint facility is not a feasible option. The next Public Safety Building Space Study Committee meeting will be March 16 at 8:30 a.m. At that time the Committee will discuss where to go from here.

Approval of Minutes of February 20, 2001

It was MOVED by Mr. Penniman, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to approve the minutes of February 20, 2001. MINUTES APPROVED.

Adjournment

On motion the meeting adjourned at 7:44 p.m.