Mr. Joseph called the public hearing to order at 5:30 p.m. and asked if anyone wished to speak. No one wished to speak and the public hearing was 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
Fay Gougakis, City of Ithaca, voiced concern about the City of Ithaca's public input process relating to the Cayuga Green project. She said most of the meetings that have been open to the public have not offered an opportunity for discussion or input by the public. She said she is an avid bicyclist and has not been able to voice her concern about traffic consequences the project will have. Ms. Gougakis asked the Board to contact the City of Ithaca Mayor and Common Council members to let them know that the lack of public participation is not acceptable.
Terry Harbin, Newfield resident and employee of the Tompkins County Public Library, presented the Board with two videotapes that he has produced. One was about the solar panels on the roof of the Library and is entitled "Tompkins County Shines"; the other is a documentary about the making of the new Library. Mr. Harbin said the videos will be aired on the Local Government Access Channel and are available to any Board member. Mr. Harbin also thanked the Board for constructing the Library and said that he appreciates his workspace and the atmosphere at the new Library.
Sheriff Peter Meskill introduced Captain Larry Jackman of the New York State Police. Mr. Jackman was recently assigned to handle the zone that includes Tompkins County. Mr. Jackman thanked the Sheriff for the introduction and said he is committed to continuing the cooperation that exists between the Sheriff's Office and the State Police. Mr. Jackman explained the area the State Police covers and the composition of his unit. He said all members of the State Police are committed to providing professional and efficient law enforcement services and eliminating any duplication of services that may exist. Mr. Jackman said he is originally from Tompkins County and is pleased to be returning to the area. He said his door is always open and he welcomes any County Board member to discuss any issue that may arise.
Privilege of the Floor by Board Members
Ms. Kiefer, District No. 10 Representative, announced she received a notice from the Environmental Management Council Coordinator regarding the seismic survey for gas drilling that will be done. The survey is to begin on State lands on July 8 and should be on County lands by July 10. She said Heather McDaniel is working on putting together information on how best to view the testing and will be letting her know. Ms. Kiefer said if any Board member would like to join her in going they should let her know.
Mr. Proto, District No. 7 Representative and Chairman of the Water Resources Council, said he received a letter from the Department of Environmental Conservation today regarding the southern end of Cayuga Lake. The letter was in response to a concern about potential impairment and they have agreed to list the southern end of the lake as an impaired water body and will begin to study it.
Mr. Proto also reported on the NYSEG rate proposal and announced the PSC (Public Service Commission) has decided not to grant the increase. He said although this is good news, they have asked NYSEG to start over and come up with a plan that would institute the rate increase at a slower pace. Mr. Proto said if anyone is interested or has a concern about the tremendous amount of money that is being spent on natural gas, to join the protest at the PSC level.
Mr. Lane, District No. 14 Representative, said he toured the Commons last weekend and observed many wonderful displays put on by fire companies from throughout Tompkins County. He said it was a very fine showing from a group of safety-conscience professionals in this community. Mr. Lane said one of the things that troubled him in his discussions with those individuals was the general level of anxiety that exists regarding the state of the County's public safety communications system. Mr. Lane said the County is proceeding with all-due speed toward a replacement of that system, but there is a need to continually reinforce to those people on the front lines that it is indeed moving forward. Mr. Lane also spoke of the federal and state courts and a ruling made this past week. At the State level, the affirmative decision in the lawsuit to declare the current state-aid formula used in the public school system unconstitutional was reversed by a vote of 4-1 at the Appellate level. He said although he hasn't had an opportunity to read the decision, the area that is most troubling is the portion that states that New York State only has an obligation to educate its students to approximately a ninth-grade level. He said he hopes the Court of Appeals will have a better view of this when it is appealed. Mr. Lane said another sad decision was from the United States Supreme Court in which a system of vouchers was upheld. He said this will undoubtedly take money away from the public school system and funnel it into private, parochial, and other schools at the expense of those in rural school districts who do not have a choice in schools.
Ms. Robertson, District No. 13 Representative, said she also attended the display on the Commons this past weekend that was put on by firefighters. She spoke of a competition that was held and said she was amazed to see what these individuals are capable of doing. She also stated she was very impressed to see a woman, Christine Bowen of Newfield, compete and finish the course.
Mr. Koplinka-Loehr, District No. 11 Representative, wished Representative Winch a happy birthday.
Report from Municipal Official
Hon. Donald Barber, Town of Caroline Supervisor, reported to the Board that the Town of Caroline has entered in to a contract with the U.S.G.S. to analyze the aquifers in the Town. He said they have done this because whoever buried the water lines did it without telling the Town where they were or how they are fed. Mr. Barber said they are currently trying to leverage money from the New York State Department of Environmental Conservation which has a mandate to identify all the aquifers in the State. He said although he realizes the County is in a difficult financial state, the Town would appreciate any assistance that could be provided. Mr. Barber reported the New York State Association of Towns and the Local Roads Program recently conducted an annual highway-schooling program. At that event he was approached by a member of the DEC who told him that a group of highway superintendents would have a great deal of power if they were to unite and go to Albany. Mr. Barber said after thinking about this statement that if all County Boards were to get together and travel to Albany to let legislators know about problems at the local level it may be well worth the time. He said it is time that the State hear that the local taxpayers cannot absorb any more unfunded mandates and shifts to property tax base.
Hon. Catherine Valentino, Town of Ithaca Supervisor, agreed with Mr. Barber that it is much more worthwhile to join together as groups rather than travel to Albany as individuals. She said every year the Association of Towns sends a resolution and some lobbyists to Albany to discuss the unfunded mandates, but believes it may be advantageous to send a coalition of both town and county officials. She said a message needs to be delivered to Albany that these unfunded mandates are impacting everyone. Ms. Valentino said at the last Municipal Officials Association meeting, everyone understood the County’s financial problems and they want to work cooperatively to make things run smoother. Ms. Valentino said at that meeting a resolution was passed that requests the Board to reconsider the Municipal Officials' proposal about the temporary planning committee. She said she believes there hasn't been clear information as to what they are asking for. She said they are asking for a group of officials from the towns, City, and County, to come together for no more than six meetings to examine information that already exists (minutes, records), and interview individuals who were part of the Planning Federation and Planning Board. They would then try to glean from them what made them participate and what made them stop coming in the end. From that information this temporary group would make a recommendation to the Board on how a new entity might function and do so successfully. She said they strongly believe this type of group could only be helpful and would make the Vital Communities Program more successful.
Chair Joseph asked Representative Kiefer to take this request to the Planning Department.
Presentation of Health Insurance Portability and Accountability Act (HIAA)
Sigrid Kerr, Director of Patient Services for the Health Department, provided the Board with the following presentation:
Health Insurance Portability and Accountability Act (HIPAA):
Impact on Tompkins County Departments
Processing health-related information
Overview
HIPAA, the Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191) authorized the Department of Health and Human Services
(DHHS) to develop a set of standards and requirements to more securely
protect health care information. Enforcement of these standards will
essentially work to improve the efficiency and effectiveness of healthcare
delivery by means of tighter regulation regarding the protection, security,
and confidentiality of electronic health care information.
Specifics
HIPAA regulates 4 general security practices in order to protect the
confidentiality, integrity, and availability of individual health care
information. A description of the (minimum) practices include:
1) Electronic health transaction standards,
2) Unique Identifiers,
3) Security and electronic signature standards, and
4) Privacy and confidentiality standards.
~Electronic Health Transaction Standards~
Today, health care providers and health plans that perform any type
of electronic transaction use a variety of different documentation formats
when conducting business. For health care claims alone there are
presently over 400 different formats in use. With the inception of
national standards for the electronic exchange of administrative and financial
health care information, health care providers will be able to submit the
same transaction to any health plan in the United States knowing that it
will be accepted. Health plans will be able to send standard
electronic transactions such as remittance forms and referral authorizations
to health care providers. All private sector health plans and government
health plans, all health care clearinghouses, and all health care providers
that choose to submit or receive these transactions electronically will
be required to use the same (HIPAA) standards.
~Unique Identifiers~
Employers, (National) Providers, Health plans, and individuals alike
will all be assigned specific and unique Identifying numbers (INs).
Employer identifying numbers will reflect the taxpaying identifying number
assigned to them by the IRS. Currently, each health plan assigns
numbers to health care providers-individuals, groups, or organizations
that supply health care. National Provider Identifiers (NPI)
will be unique for each provider and each health plan will use the same
NPI for that provider. How individual identifiers will be assigned
has not yet been decided. Adequate security and privacy measures
must be in place first to ensure no loss in privacy or security occurs
with the inception of the individual identifier.
~Security and Electronic Signature Standards~
These standards mandate policies and procedures for physical storage
and maintenance, readmission, and access to individual health information.
The electronic signature will provide a reliable method of assuring message
quality, user authentication, and non-repudiation (barring against the
refusal of entities to acknowledge or pay a debt). Implementation
will depend on a number of factors including the department, the technology
they currently use, and the risks to - and vulnerabilities of - the information
it must protect. For example, alcohol and substance use, mental illness
and HIV/AIDS health information all require higher confidentiality standards.
~Privacy and Confidentiality Standards~
Covered entities must establish appropriate policies and procedures
in order to protect the privacy of their clients’ health information.
Employees of these facilities will need initial and ongoing training
in order to understand privacy procedures. Health care workers must
limit the use of, disclosure of, and requests of protected health
information to the minimum necessary to accomplish the intended purpose.
Violators will be held accountable, with civil and criminal penalties that
can be imposed if they violate patients’ privacy rights.
Compliance Date
October 16, 2002 was the original deadline for covered entities to
fully comply with HIPAA standards. In December 2001, the Administrative
Simplification Compliance Act (ASCA) extended this deadline to October
16, 2003 for all covered entities other than small health plans (whose
deadline was already October 16, 2003). In order to qualify for this
extension, covered entities must submit a compliance plan by October 15,
2002.
Penalties
Penalties for Wrongful Disclosure of information will include:
All Tompkins County Departments handling health-related information will need their statistical, accounting and clinical software and hardware reviewed and possibly upgraded in order to meet HIPAA standards. And, policies, procedures and training regarding the safety and security of patient health information will need to meet these rigorous standards. The implementation of these standards will provide a higher standard of protection for the integrity and confidentiality of our clients’ personal health information.
Following the presentation Mr. Booth asked if there was a way this could be looked at systematically to see if there is a standard that can be achieved by everyone. Ms. Kerr said Greg Potter, Director of Information Technology Services, has been working on this. Mr. Whicher said although this will impact many County departments, the Health Department is taking the lead on this. He said this new requirement comes at a bad time but there is a blueprint to handle this that already exists and stressed they would not be "reinventing the wheel". Mr. Joseph said this is a very overwhelming requirement. He said not only is the County required to comply, but it is responsible to make sure everyone with whom the County shares information is also compliant.
Chair’s report
Mr. Joseph reported he attended a press conference today with Senator Charles Schumer who was in town to speak about school funding for certain Medicaid-reimbursable services for children with disabilities. Mr. Joseph said approximately a year ago the federal government said that local school districts have been using the money improperly and might have to pay it all back, which meant four to five million dollars to the Ithaca City School District. Mr. Joseph said the issue is that the federal government, which provided the money, also provided unclear guidelines. The State then clarified the guidelines for the local school districts which proceeded according to those guidelines and which now face criminal charges. Senator Schumer said in his discussions with the Justice Department they advised him they have put their investigation on hold until December. Senator Schumer also stated if anyone is at fault, it is the federal government for issuing vague guidelines and then the State for improperly interpreting them. Mr. Joseph said the reason he is reporting this to the Board is because it also involves the County. Since the Health Department is responsible for education of handicapped children aged three to five, the County is also involved. Senator Schumer said he would look into that, and make sure that any resolution on behalf of the school districts also covers counties.
Mr. Joseph said the Senator also spoke about air service in central New York. The Senator, who has a long history of trying to promote increased air service in Upstate New York, has met with the new President of U.S. Airways who is seeking a federal loan guarantee of a couple billion dollars. The Senator told U.S. Airways he could be supportive, and that Central New York was in need of better air service. The President was sympathetic to this statement and provided the Senator with a much more promising response than in the past. Ms. Blanchard was asked to follow-up on this with the President of U.S. Airways.
Report from the County Administrator
Mr. Whicher said he distributed several documents to the Board this evening, including a summary of New York State Budget highlights that was prepared by the New York State Association of Counties, a one-page budget analysis by Comptroller McCall, a summary of news articles about what has been going on around the State, and a summary of how different counties are dealing with the budget situation. Mr. Whicher said he also distributed an analysis that NYSAC put together about the shift in Medicaid. He referred to a chart and said while it is typical to have large increases each year, Tompkins County's share will triple this year. Mr. Whicher said the idea of having the towns and counties join together to travel to Albany to campaign against these large shifts to the taxpayer is a good idea and is currently being discussed by NYSAC.
Report from the County Attorney
Mr. Wood reported on an article that appeared in the Ithaca Journal on June 20th relating to a case in which the Appellate Division had affirmed a State Supreme Court case dismissing a lawsuit against the County. The lawsuit alleged negligence in maintaining a County road had contributed to an accident. Mr. Wood noted the County gets a lot of cases where there are traffic accidents on County roads and for one reason or another, it is becoming very typical for the County to be sued.
Report from the Finance Director
Mr. Squires reported that now that the State Budget has been adopted, the State has forwarded Tompkins County's 2002 revenue sharing allocation of $194,000. He said part of the agreement to have revenue sharing was in response to counties assuming additional health care costs with the institution of the Child Health Plus program. Mr. Squires also reported on sales tax revenues, and said receipts are much stronger than were expected. At the end of May, the County had received $1.4 million more than it had this time last year. He also reported the County will be holding a sale on July 13 to clean up the items that have been moved to the Old Public Library. Items for sale include scrap metal, furniture, and computers. The Triphammer Road bridge project has begun and he is proceeding to issue a revenue anticipation note to finance the project while it is under construction. Bids for those notes should be received approximately the third week in July.
Mr. Joseph said revenue-sharing was initially supposed to be a "trade-off" for the Child Health Plus program which was expected to have substantial rising costs each year. In each year's budget, the amount allocated for revenue sharing was to go up to cover those costs. He stated it was made clear in this year's budget process that in year four revenue sharing amount goes to zero, while the Child Health Plus program does not go away.
Resolution(s) Added to the Agenda
No resolution(s) were added to the agenda.
Resolution(s) Withdrawn from the Agenda
No resolution(s) were withdrawn from the agenda.
Approval of Resolution(s) and Appointment(s) Under the Consent
Agenda
RESOLUTION NO. 147 – AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENTNO.
5 WITH C&S ENGINEERS, INC., FOR ADDITIONAL CONSTRUCTION OBSERVATION
AND ADMINISTRATIVE SERVICES AND ADDITIONAL ENVIRONMENTAL SERVICES IN CONNECTION
WITH THE GENERAL AVIATION RAMP EXPANSION PROJECT – ITHACA TOMPKINS REGIONAL
AIRPORT
MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
WHEREAS, during excavation of the site at the recent General Aviation
(GA) Ramp Expansion project, unstable sub-grade conditions and contaminated
soils were discovered, and
WHEREAS, this material was deemed to be unsuitable as a base
for pavement and needed to be removed, and
WHEREAS, excavation, testing, removing, and replacing these materials
caused the C&S Inspection and Administration contract to be extended
by an additional twenty-three (23) days, and
WHEREAS, the discovery of approximately five hundred cubic yards
(500 cu. yds.) of contaminated soil excavated from the General Aviation
ramp expansion site included a requirement for laboratory analysis, groundwater
testing, and meetings with New York State Department of Environmental Conservation
(NYSDEC), and
WHEREAS, given the various disposal options, it is deemed most
cost effective to have the contaminated soil placed in a landfill, now
therefore be it
RESOLVED, on recommendation of the Public Works Committee, That
Supplementary Agreement No. 5 with C&S Engineers for $68,306 to cover
the additional inspection, sampling, laboratory work, and administration
is hereby approved and that the County Administrator is authorized to execute
the required documents,
RESOVLED, further, That the additional cost of the inspection
work ($30,732) will be covered under the original Federal Aviation Administration
and New York State Department of Transportation grants and the cost of
sampling, testing and other administrative costs associated with these
tasks which are not eligible under the Federal AIP grant program ($37,574)
will be recovered through airline rates and charges.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 148 - BUDGETING UNIT RECONFIGURATION AND FISCAL TARGET ADJUSTMENT – CRIMINAL JUSTICE AGENCIES – MENTAL HEALTH AND HUMAN SERVICES COALITION
MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
WHEREAS, the Criminal Justice agencies have been previously reviewed
within the Department of Administration, and
WHEREAS, the Criminal Justice component of Administration has been
eliminated, and
WHEREAS, the Human Services Coalition will include the Offender Aid
and Restoration and Community Dispute Resolution Center agencies in their
regular annual review process for not-for-profit agencies, and
WHEREAS, the Mental Health Department will include Alcohol & Drug
Council in their regular annual budget process, now therefore be it
RESOLVED, on recommendation of the Public Safety, Health and
Human Services, and Budget and Capital Committees, That effective with
the 2003 budget, the following Budgeting Units will be re-assigned to the
Mental Health Department and to the Basic Subsistence Program with a commensurate
re-distribution of fiscal targets (subject to the 20 percent Target Reduction
pursuant to Resolution No. 105 of June 4, 2002), as follows:
FROM:
Public Safety:
Offender Aid & Restoration (OAR) – BU#6315 - $76,578
Offender Aid & Restoration (OAR) – Bail Fund – BU#6316 - $62,232
Community Dispute Resolution Center (CDRC) – BU#6313 - $46,166
Alcohol & Drug Council – BU#4502 - $31,086
TO:
Health & Human Services:
Basic Subsistence & Income Security – BU#6305 - $184,976
Mental Health Department - $31,086
SEQR ACTION: TYPE II-20
RESOLUTION NO. 149 - AUTHORIZATION FOR PUBLIC HEARING – TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET – 2002-2003
MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda.
WHEREAS, Tompkins Cortland Community College is a joint enterprise
of Tompkins County and Cortland County whose budgets must be acted on by
each county, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That a public hearing be held on July 16, 2002 at 5:30 o’clock in the evening
thereof in Board Chambers of the Tompkins County Courthouse, 320 North
Tioga Street, Ithaca, New York, concerning the 2002-2003 operating budget
request for Tompkins Cortland Community College. At such time and
place all persons interested in the subject matter will be heard concerning
the same,
REOLVED, further, That the Clerk of the Board be and hereby is
directed to place such notice of public hearing in the official newspaper
of Tompkins County.
SEQR ACTION: TYPE II-20
Appointment(s) Approved Under the Consent Agenda
MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda:
Lawrence P. Fabbroni – Water Resources Council – At-Large Representative
– term to expire
December 31, 2003
Report from the Health and Human Services Committee
Mr. Winch, Chairman, had no report.
Report and Presentation of Resolution(s) from the Information Technology Services Policy Committee
Mr. Winch, Chairman, said at the last meeting Greg Potter, Director of ITS, reported he is spending 40 percent of his time working on health-related requirements because of the Health Insurance Portability and Accountability Act (HIPAA). He also stressed the amount of service the Information Technology Services Department provides to all other County departments. Mr. Penniman spoke of the subject of Medicaid cost overruns and said he would like the Board to get a better understanding on what is driving that increase. It was suggested that a joint meeting be held between the Health and Human Services Committee and the Budget and Capital Committee at the appropriate time. Mr. Winch said he would work with him to see that this happens as soon as possible.
RESOLUTION NO. 150 - AMENDMENT TO THE 2002-2004 COUNTY INFRASTRUCTURE CAPITAL PROGRAM, INFORMATION TECHNOLOGY SERVICES DEPARTMENT
MOVED by Mr. Winch, seconded by Ms. Kiefer, and unanimously adopted by voice vote.
WHEREAS, the Director of Information Technology Services (ITS)
has recommended an amendment to the 2002-2004 County Infrastructure Capital
Program which alters the project narrative for the purpose of providing
a more accurate project focus and the incorporation of an additional project
task to replace and/or upgrade the County’s current financial systems application,
and
WHEREAS, the amendment will not alter the total cost, annual
appropriations, or the anticipated start and completion of the Capital
Program, as approved in the 2002 budget, now therefore be it
RESOLVED, on recommendation of the Information Technology Services
Policy, and the Budget and Capital Committees, That the 2002 Capital Program
be amended to reflect the project description and narrative change as submitted
and reviewed on June 26, 2002.
SEQR ACTION: TYPE II- 2
Report and Presentation of Resolution(s) from the Public Works Committee
Ms. Blanchard, Chair, reported the Committee met on June 20.
The Committee heard a presentation on the operation of the solar panels
at the Tompkins County Public Library. She said it appeared most
of the problem areas have been worked out and the system is functioning
so that a full year's worth of data should be received and can be compared
with projections that were made. Ms. Blanchard said the Committee
also heard a presentation from Taitem Engineering and representatives of
the New York State Energy Research and Development Authority's Flex Tech
program. This is the same consulting group that is working with the
architect on the 911 building schematic design to offer suggestions for
energy savings. The presentation had to do with County buildings
and how they might be able to help under the provisions of a special NYSERDA
grant. They noted the County is spending approximately $2.21
per sq. ft. for utility costs on County buildings, which is high.
They felt the County could be doing better than that and the Committee
felt the County should be participating in the Flex Tech program on a couple
of different levels. The first would be to have those consultants
identify some fast paybacks and low-cost options that could be implemented
very quickly. They were also asked to develop a proposal that would
take an in-depth look at a sample of County properties so that they could
be in a position to recommend some more aggressive options for energy savings.
Ms. Blanchard said the Committee also reviewed the Airport Capital project and heard a presentation from the Solid Waste Manager on programs being offered by the Solid Waste Division. Ms. Eckstrom reported to the Committee that recycling revenues are down by approximately $10,000 for the first quarter; however, a substantial increase in activity was observed in May. A special meeting will be held on July 3 to review capital projects.
RESOLUTION NO. 151 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. d OF 2002 – RULES AND REGULATIONS AND MINIMUM STANDARDS – ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Ms. Blanchard, seconded by Mr. Todd, and unanimously adopted by voice vote.
WHEREAS, the Board of Representatives last adopted rules and regulations
for the Tompkins County Airport in 1986 by local law, and
WHEREAS, minimum standards for the Airport have never officially
been published, and
WHEREAS, it is desirable to have only the most basic Airport
rules and regulations adopted by local law and to provide the County Airport
Manager authority to draft and set Minimum Standards and Comprehensive
Rules and Regulations that the Board of Representatives act on by simple
resolution, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That
a public hearing be held by the Board of Representatives on July 16, 2002
at 5:30 o’clock in the evening thereof at the Board Chambers of the Tompkins
County Courthouse, 320 North Tioga Street, Ithaca, New York, concerning
proposed Local Law No. d of 2002 - Rules and Regulations and Minimum Standards
at the Ithaca Tompkins Regional Airport. At such time and place all
persons interested in the subject matter will be heard concerning the same,
RESOLVED, further, That the Clerk of the Board is hereby authorized
and directed to place proper notice of said public hearing in the official
newspapers of the County and to make available said proposed Rules and
Regulations and Minimum Standards to all persons interested in same, at
the Board offices during normal business hours.
SEQR ACTION: TYPE II-20
Report from the Planning Committee
Ms. Kiefer, Chair, reported the Committee met on June 20 and heard a report from the Environmental Management Council about a presentation they had received from Community Energy. She said Community Energy is a company that is partnering with New York State Electric and Gas to promote wind power in New York State. Ms. Kiefer said they were asking the EMC to help them by taking the lead in getting people to sign up for this and the EMC referred the request to the Energy Committee. She said there was also a question of whether MEGA (Municipal Electric and Gas Association) might invest some of its earnings in a wind project.
Ms. Kiefer said the EMC expressed concern over a report at an Ithaca Town Board meeting that the consultant the Town had hired to review Lakesource Cooling data had been unable to obtain the needed raw data from the monitoring. She said the EMC is taking no action, pending the Town of Ithaca following-up on this. The Committee also heard from Kate Hackett that the Water Resources Council is taking up the issue of jet skis on Cayuga Lake. They are now pursuing a dual approach to the question; one deals only with jet skis (noise, water, air pollution, near-shore habitat damage, and speed and safety issues), and the other track will be dealing more generally with two-stroke engine pollution.
Ms. Kiefer reported the Committee received the Planning Department's recommendation about purchase of development rights and discussed the next steps to be taken. As a result of the discussion she wrote a letter to the Agriculture and Farmland Protection Board requesting they make use of the criteria in the consultant's report to develop their own guidelines to review applications for purchase of development right and make recommendations that they will be sending to New York State. The letter also indicated the Planning Department is available to facilitate PDR efforts that cross municipal boundaries and asked that that Board be part of a continuing discussion about what entities might hold easements and be responsible for monitoring. Although the Committee is not recommending a County PDR program at this time, this should be re-evaluated as part of the comprehensive plan review. Ms. Kiefer said at that meeting the Committee received an update on the Department's budget. There are two changes since the earlier report: tourism will not be returning to the planning Department but will stay in County Administration; this leaves a hole in the Department's budget, which will be partially filled by revenue from the Solid Waste Division for helping update the Solid Waste Management Plan. She said Committee members also agreed the budget for the Agriculture and Farmland Protection Board should remain a line item in the Planning Department. She reported that the Planning Department recently underwent a HUD audit - the first in more than ten years and results were very positive.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Koplinka-Loehr, Chairman, reported the Committee has not met since the last Board meeting.
RESOLUTION NO. 152 - ADOPTION OF LOCAL LAW NO. 3 OF 2002 - ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 69, LAWS OF 2002, FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF TOMPKINS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto. Ms. Kiefer feels offering this every year removes its uniqueness as an incentive; therefore, she will not support it. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Kiefer). RESOLUTION ADOPTED.
WHEREAS, New York State is again offering a retirement incentive
plan, and
WHEREAS, Tompkins County wishes to offer its incentive to its
employees, and
WHEREAS, a public hearing has been held before the Board of Representatives
on July 2, 2002, to hear all persons interested in proposed Local Law No.
3 of 2002, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That Local Law No. 3 of 2002 - Electing a Retirement Incentive Program
as Authorized by Chapter 69, Laws of 2002, for the Eligible Employees of
the County of Tompkins 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 (1) certified copy in the
office of the Secretary of State,
RESOLVED, further, That this incentive may be used by any eligible
employee who so chooses, provided that the department head has recommended
a plan that will result in a financial savings equal to 50 percent of the
base salary of the retiring employee over a two year period following the
retirement, said plan to be reviewed and recommended upon by the County
Administrator and the department's program committee, and to be approved
by the Board of Representatives,
RESOLVED, further, That departments shall continue to be responsible
to pay the added cost to the retirement system that results from an early
retirement, in addition to the department's regular Fringe Pool obligation,
RESOLVED, further, That departments shall be obligated to return
to the general fund balance of the County (through a reduced fiscal target)
an amount equal to the difference between the state-mandated savings (essentially
the annual salary) and the amount of additional payment due the Retirement
System.
SEQR ACTION: Type II-20
RESOLUTION NO. 153 - ESTABLISHING ANNUAL SALARY FOR THE POSITIONS OF COUNTY CLERK AND SHERIFF FOR THE YEARS 2003, 2004, 2005, AND 2006
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Proto said he had intended to suggest that this resolution be postponed. However, after reading a memorandum from County Attorney Wood he does not feel it can be delayed. He expressed concern about the implications during these difficult budget times and said the Board should proceed cautiously when considering any salary increases. Mr. Winch said he is bothered that this resolution is being brought forward at a time when the County is in such a difficult budget situation. He spoke of the process the Board went through several years ago that was aimed at improving the employee retention rate. He said that worked well and the County now enjoys a good retention rate because it pays well and provides good benefits. He said at this point the Board needs to consider freezing all salaries. Mr. Penniman noted it is important to make a decision now so candidates will now the salaries. He hopes we can achi8eve some freeze such as zero percent for one year. Ms. Kiefer said she would support a one-year salary freeze, but also said seeing pay increases tied to the rate of inflation adds a good tool to our ways to set salaries, and ideally would be a rolling average of the inflation index. Mr. Koplinka-Loehr provided the Board and public with a history of this proposal. Mr. Lane noted this is not the original proposal that contained large increases for adjustments because of classification of positions.
It was MOVED by Mr. Proto, seconded by Mr. Winch, to postpone this resolution to the second meeting in September. A voice vote resulted as follows: Ayes - 2 (Representatives Proto and Winch); Noes - 13. MOTION FAILED.
A short roll call vote on the resolution resulted as follows: Ayes - 13, Noes - 2 (Representatives Proto and Winch). RESOLUTION ADOPTED.
WHEREAS, State law requires this Board to establish salaries for
the positions of County Clerk and Sheriff, and County Administrative Manual
Policy 04-06 states that this action occur prior to the time when candidate
petitions may lawfully be passed, and the County Attorney has advised that
it is sufficient to establish such salaries prior to the start of the term
of office, consistent with State Law, and
WHEREAS, during 1999-2002 the County Clerk’s salary was increased
2.9-3.0 percent each year and the Sheriff’s salary increased 1.5 percent,
resulting in 2002 salaries as follows:
County Clerk - $52,998 Sheriff - $65,699
, and
WHEREAS, it is the intention of this board to tie the salary
increase for these two elective positions for the four-year term 2003-2006
to inflation using a standard based on the Federal Government's Consumer
Price Index (CPI), plus an additional $500 each year that will be come
part of the base pay of that year, and
WHEREAS, the Federal Government's Consumer Price Index (Northeast
Urban Area, including All Items) for 1999 was 2.1 percent, for 2000 was
3.4 percent and for 2001 was 2.8 percent, giving an average for the last
three full years of 2.77 percent, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the salaries for the positions of County Clerk and Sheriff for the
years 2003-2006 are hereby established as reflected in the chart below,
based on inflation as represented by the average of three most recent full
years Federal CPI, namely a 2.77 percent annual increase, plus an extra
$500 to be added to the annual base salary, for each year.
COUNTY CLERK SHERIFF
2002: $ 52,998 2002: $ 65,699
2003: $ 54,966 2003: $ 68,019
2004: $ 56,989 2004: $ 70,403
2005: $ 59,067 2005: $ 72,853
2006: $ 61,203 2006: $ 75,371
SEQR ACTION: TYPE II-20
Report from the Economic and Workforce Development Committee
Mr. Lane, Chairman, reported the Committee has not met. The next meeting will be July 11 at 2 p.m.
Report from the Budget and Capital Committee
Mr. Penniman, Chairman, reported the Committee met last week and the main item discussed was an overview of capital projects and the structure of payments for those projects. At the next meeting the Committee will be looking at projects in more detail, starting with the County space project. Mr. Penniman requested program committees to begin looking at programs that may be at risk based on what is known so far about the budget. He said it makes sense to continue looking at these programs and try to develop questions and determine what information is going to be needed during the decision-making process.
Report from the Public Safety Committee
Mrs. Schuler, Chair, reported the Committee met prior to this Board meeting and reviewed four Charter articles: Sheriff, District Attorney, Probation, and Emergency Response. The Committee also received an update on the CISNET program and approved the award of a contract for a cost much lower than was originally budgeted. Mrs. Schuler reported a bill has passed the Assembly that establishes a special fund and raises the Assigned Counsel rates to $75 for felonies and $60 for misdemeanors. She said Lee Shurtleff, Director of Emergency Services, brought information to the Committee about the mobile data radio system and upgrades and the interim solution until the new system is in place. She reported that on August 1 at 1:30 p.m. there would be a joint meeting of the Health and Human Services and Public Safety Committees to review ATI (Alternative to Incarceration) programs. She also noted that for the last five weeks the Jail population has been in the 65 to 70 range.
Report from the Charter Review Committee
Mr. Lane, Chairman, reported the Committee had to cancel the last meeting due to lack of a quorum. The next meeting will be July 10.
Report from the Communications Capital Projects Committee
Ms. Blanchard, Chair, reported the Committee met on June 25 and
there was discussion about the status of the paging system. Joseph
Lalley continues to work with the County on the system and they hope to
have a draft resolution soon that would authorize United Radio to undertake
the design and development phase of the paging system. Ms. Blanchard
briefly reported on her trip to the Onondaga County 911 Center and said
they spent time discussing the status of the request for proposals for
the communications upgrade.
Ms. Blanchard reported on her recent trip to Albany to attend a Statewide wireless network meeting. At that meeting it was reported funding for the Statewide wireless network has been secured in the budget and it has support at the highest levels. She spoke of the previous meetings and said they were usually attended by line officers, while this meeting was attended by more elected officials and policy-making people. She said they interpreted this as an important change in the decision-making capability of the group. At the meeting the State's RFP was discussed and later in the afternoon there was a pre-bid conference which was very well attended. She noted the performance specifications in their RFP very much mirror Tompkins County's RFP which was not the case six months ago. Ms. Blanchard said there was also discussion about their procurement process that included "strategic partnerships", which is something Tompkins County has been trying to do. She said throughout the day there was constant reaffirmation that Tompkins County is doing the correct kind of approach to the communications system. Mr. Whicher noted Tompkins County offered Tompkins County's paging project design to the SWN Directors as a useful model and they seemed interested.
Report from the Fiscal Management Committee
Mr. Joseph, Chairman, reported the Committee met to consider two requests to fill positions of which both were granted. The first was for a worker at the Airport that is funded by Airport revenues. The other position was an HVAC in Facilities, and it was demonstrated that it would cost the County more in the long run not to fill the position.
Report from the Public Safety Building Space Planning Committee
Mr. Joseph, Chairman, reported an RFP was issued to get design proposals and is due back by July 26.
Report from the Space Planning Committee
Mr. Joseph, Chairman, reported the Committee is looking at different options, including demolishing the Old Library and building a new building. Mr. Joseph said one problem the Committee is having is that options seem to be multiplying at a rate faster than they can review them.
Approval of Minutes of June 18, 2002
It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the minutes of June 18, 2002 as submitted.
Unfinished Business
Mr. Proto requested County Attorney Wood to provide an opinion on the legality of Board standing committees acting by consensus rather than vote.
Adjournment
On motion the meeting adjourned at 7:48 p.m.
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