Regular Meeting
August 21, 2001


Called to Order

Chair Mink called the meeting to order at 5:30 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members.

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

 Present:  12 Representatives.  Representative Lalley arrived at 5:52 p.m. Excused: 2 (Representatives Davis and Stein).

Privilege of the Floor by the Public
 Fay Gougakis, City of Ithaca, spoke to the Board and informed them that she had taped the meeting of the city lawmakers response on public comment to the Cayuga Green Project which will be aired on cable Channel 13 in August.  This meeting runs two hours and will be shown on Friday, August 24th 3:30 p.m. – 5:30 p.m., Saturday, August 25th from 9:00 p.m. – 11:00 p.m. and Wednesday, August 29th from 10:00 p.m. – 12:00 a.m.  She indicated that these were the times given to her by public access and that she is taping these meetings as a public service.  Ms. Gougakis also indicated that she plans to comment further on the Recreation Partnership’s hiring of a consultant at the next Board meeting as she feels that public input is an important part of the process in order to determine the most important areas of concern.

 Daniel Winch, Representative, District No. 8, spoke saying that he was speaking from the viewpoint of a citizen.  Mr. Winch said he was glad to see a Resolution of Respect for Henry W. Theisen, come before the Board.  He shared with the Board his personal relationship with Mr. Theisen and his family and expressed his sorrow to Mr. Theisen’s family and said he will be greatly missed.

Mark Varvayanis, Supervisor of the Town of Dryden, expressed his gratitude for the resolution on the agenda in support of the acquisition of the former New York State Electric and Gas (NYSEG) Water Treatment Plant along Fall Creek by the Town of Dryden.

Privilege of the Floor by Board Members
 Barbara Blanchard, Representative, District No. 1, asked the Board and guests for a moment of silence to honor the memory of Mr. Charles Schanbacher, the TCAT bus driver who lost his life in an accident occurring on Friday, August 17, 2001. She noted that he was extremely well liked by all and that he will be missed by many.  A moment of silence was observed.

 Michael Lane, Representative, District No. 14, asked permission to bring forth the Resolution of Respect for Henry W. Theisen, Tompkins County Attorney and add it to the agenda.  Chair Mink approved.

 It was MOVED by Mr. Lane, and duly seconded and unanimously adopted by voice vote by members present to add the following resolution to the full Board for approval:

RESOLUTION NO. 194 - RESOLUTION OF RESPECT - HENRY W. THEISEN, TOMPKINS
                                            COUNTY ATTORNEY

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

      WHEREAS, Tompkins County Attorney Henry W. Theisen was known for his humor, living life to the fullest, and his generous contributions to our community, and
      WHEREAS, his many skills as an attorney and public official were visible throughout a multitude of organizations and agencies in Tompkins County, having served as a member of the Ithaca Rotary Club, past president of the Special Children's Center (now Francisca Racker Center), past president of the Society for the Prevention of Cruelty to Animals, past chairman of the Tompkins County Chamber of Commerce, to name but a few, and
      WHEREAS, Henry W. Theisen was elected to and served on the Tompkins County Board of Representatives from 1976 to 1981, and was appointed Tompkins County Attorney in 1994, holding that position until his death on August 8, 2001 after a valiant battle with leukemia, and
     WHEREAS, among Henry's numerous activities were marathon running and painting, and many County officials will fondly remember Henry's artistic abilities through the sketches of themselves he would present to them after Board meetings, now therefore be it
      RESOLVED, unanimously by this Board, That the members hereof express their deep appreciation and respect for the many contributions Henry made to the Tompkins County community, and extend their sympathy and sincere condolences to the family of Henry W. Theisen, Esq.
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Chair’s Report and Appointment(s)
 Ms. Mink reported to the Board that the Government Operations Committee has been asked to look at restructuring of the County Attorney’s office and explore the issue of whether there should be a full-time or part-time County Attorney and make appropriate recommendations.  Mr. Proto was asked to reconvene the Library Coordination Committee begin this year after the budget vote is completed in order to look at alternatives to library funding, including a public library district.

 Chair Mink said there will be further appointments later in the meeting.

Report from the County Administrator
 Mr. Whicher provided to the Board The Tompkins County Administration Budget Report.  He noted that he is receiving communication from the State that there are a lot of problems with the State budget.  The seriousness of this situation is that programs that received temporary funding through September 15, 2001 may not be extended.  The area of Medicaid is also a continuing concern.  Mr. Whicher feels that unless the State Legislature resolves their budget issues it could cause problems on the County level.

 Mr. Whicher reviewed his 2002 budget recommendations with the Board and noted that an inconsistency in data had been input and carried over to several areas.  This error was corrected and the result was a proposed property tax increase of 4.6 percent rather than 7.1 percent.  He noted that while this is good news it does not mean that all requests will be honored and he is continuing to deny requests for funding.

 Mr. Whicher commended departments for following the guidelines set for preparation of the budgets, and doing the hard work that reduced local share spending by $1.7 million to $50.9 million.

 Mr. Whicher reviewed the other areas of the Budget Report that included the Summary of 2002 Budget Funds, 1993 – 2002 Revenues, 1993 – 2002 Change in Local Share, Comparison of Property Tax in Contiguous Counties, Comparison of Property Tax in Similar Counties, and Property and Sales Tax per capita.  He noted that the Comparison of Property Tax will be revised as there were not complete data at the time of print.

 Mr. Whicher expects to release his full budget proposal to the Board on August 29, 2001.

 Ms. Blanchard asked if the Property Tax figures indicated in the Budget Report were based on equalized value.  Mr. Whicher indicated he believed that was the case.

 Mr. Joseph noted an interesting point is that when reviewing the property tax and sales tax comparisons we compare favorably on the property tax and that we generate more sales tax than other counties.

Report from the County Attorney’s Office
Chair Mink introduced Mr. Bruce Wilson, Assistant County Attorney.  Mr. Wilson said there was no report for this meeting.

Report from the Finance Director
 Mr. Squires reported he receiving notification from the Town of Groton which stated their request  to change their sales tax distribution methodology.  Previously all sales tax was taken as a credit against the County amout; they now are requesting that 90 percent be credit and 10 percent cash.  This will result in a significant tax rate change while the tax levy itself will remain the same.

 Mr. Squires responded to Mr. Joseph’s comment regarding sale’s tax rating that Tompkins County taxes energy and many surrounding counties do not.

 Mr. Lalley arrived at this time.

Report and Presentation of Resolution(s) from the Budget and Capital Committee
 Mr. Joseph, Chairman, reported the program committees are beginning budget reviews in September and expanded budget reviews will be held in October.  Mr. Joseph provided Board members with a proposed calendar of the October meetings and requested that people notify him of conflicts.

 Mr. Proto asked if Mr. Joseph could clarify what the criteria would be to change a meeting date.  Mr. Joseph indicated he will try his best to accommodate the wishes of others.

RESOLUTION NO. 195 -  EXTENSION OF ONE-PERCENT SALES TAX FOR TWO YEARS
                                           - INCREASING TAXES ON SALES AND USES OF TANGIBLE
                                             PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND
                                             ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT
                                             CHARGES PURSUANT TO ARTICLE 29 OF THE TAX LAW OF
                                             THE STATE OF NEW YORK IN ORDER TO EXTEND THE
                                             EFFECTIVE DATE THROUGH NOVEMBER 30, 2003
 

      MOVED by Mr. Joseph, seconded by Mr. Penniman.  A roll call vote resulted as follows:  Ayes – 10, (Representatives Blanchard, Joseph, Kiefer, Koplinka-Loehr, Lane, Mink, Penniman, Todd, Totman, and Winch,) Noes – 3, (Representatives Lalley, Proto, and Schuler).  Excused – 2 (Representatives Davis and Stein).  RESOLUTION ADOPTED.

      Be it enacted by the Board of Representatives of the County of Tompkins, on recommendation of the Budget and Capital Committee, as follows:
      SECTION I.  The first sentence of section two of Resolution No. 256A as enacted in nineteen hundred sixty?six, as amended, is amended to read as follows:
      SECTION 2.  Imposition of sales tax.
      On and after March first, nineteen hundred and sixty?seven, there is
hereby imposed and there shall be paid a tax of three percent upon,
and for the period commencing December 1, 1992, and ending November
30, 2003, there is hereby imposed and there shall be paid an
additional tax of one percent upon:
      SECTION 2.  Subdivision (f) of section three of Resolution No. 256A as enacted in nineteen hundred sixty?six, as amended, is amended to read as follows:
 (f)  With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2003, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1992, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1992, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1992.  Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1992, any transaction which may not be subject to the additional tax imposed effective on that date.
      SECTION 3.  Section four of Resolution No. 256A as enacted in nineteen hundred sixty?six, as amended, is amended to read as follows:
      SECTION 4.  Imposition of compensating use tax.
 (a)   Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after December 1, 1992, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii), if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of  business.
 (b)  For purposes of clause (A) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2003, the tax shall be at the rate of four percent, and on and after December 1, 2003, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale.
 (c)  For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2003, the tax shall be at a rate of four percent, and on and after December 1, 2003, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him.
 (d)  For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2003, the tax shall be at the rate of four percent, and on and after December 1, 2003, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one.

 (e)  Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land.
 (f)  For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2003, the tax shall be at the rate of four percent, and on and after December 1, 2003, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one.
 (g)  For purposes of clause (F) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2003, the tax shall be at the rate of four percent, and on and after December 1, 2003, the tax shall be at the rate of three percent, of the consideration given or
contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person.
 SECTION 4.  Subdivision (1) of section 11 of Resolution No. 256A as enacted in nineteen hundred sixty?six, as amended, is amended to read as follows:
 (1)(A)  In respect to the use of property used by the purchaser in this County prior to March 1, 1967.
 (B)  With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2003, in respect to the use of property used by the purchaser in this County prior to December 1, 1992.
 SECTION 5.  This enactment shall take effect on December 1, 2001.
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Report and Presentation Resolution(s) from the Public Safety Committee
 Mr. Totman, Chairman, reported the Committee will met on August 9. He notified the Board that  staffing at the jail and its relation to security problems was discussed.  It was reported to the Committee that the jail was at full capacity and if this trend continues it will require the County to possibly board out inmates.

RESOLUTION NO. 196 - APPROPRIATION FROM CONTINGENT FUND FOR
                                            TERMINAL PAY AT THE SHERIFF’S OFFICE

     MOVED by Mr. Totman, seconded by Mr. Lane.  A short roll call vote resulted as follows:  Ayes – 13, Noes – 0, Excused – 2 (Representatives Davis and Stein).  RESOLUTION ADOPTED.

      WHEREAS, the Sheriff’s Office had an employee terminate, and
      WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay, now therefore be it
      RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance appropriate a total of $1,077 to the Sheriff’s budget for terminal pay,
      RESOLVED, further, That the money be distributed to the following accounts:
      FROM:  A1990.54440  Contingent Fund  $1,077
      TO:   A3150.51000   Corrections – Regular Pay  $1,077
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RESOLUTION NO. 197 - APPROPRIATION FROM CONTINGENT FUND FOR
                                             TERMINAL PAY AT THE SHERIFF’S OFFICE

      MOVED by Mr. Totman, seconded by Ms. Blanchard. A short roll call vote resulted as follows:  Ayes – 13, Noes – 0, Excused – 2 (Representatives Davis and Stein).  RESOLUTION ADOPTED.

      WHEREAS, the Sheriff’s Office had an employee terminate, and
      WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay, now therefore be it
      RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance appropriate a total of $5,434 to the Sheriff’s budget for terminal pay,
      RESOLVED, further, That the money be distributed to the following account:
      FROM:   A1990.54440 Contingent Fund $5,434
      TO: UNIFORM  A3113.51000 Regular Pay  $5,434
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RESOLUTION NO. 198 - APPROPRIATION FROM CONTINGENT FUND FOR
                                             REPLACEMENT PAY AT THE SHERIFF’S OFFICE

      MOVED by Mr. Totman, seconded by Mr. Penniman.  A short roll call vote resulted as follows:  Ayes – 13, Noes – 0, Excused – 2 (Representatives Davis and Stein).  RESOLUTION ADOPTED.

      WHEREAS, the Sheriff’s Office has employees who were disabled or injured and unable to perform their duty, and
      WHEREAS, the Fiscal Policy of Tompkins County allows for such replacement pay for employees who have been out longer than two months, now therefore be it
      RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance appropriate a total of $92,384 to the Sheriff’s budget for replacement pay encompassing the period of January 1, 2001 through June 30, 2001,
      RESOLVED, further, That the money be distributed to the following accounts:
      FROM:  A1990.54440 Contingent Fund $92,384
      TO: Uniform Division A3113.51000 Regular Pay $33,337
             A3113.58800 Fringe 8,334
             Corrections A3150.51000 Regular Pay $40,570
             A3150.51800 Fringe 10,143
  TOTAL  $92,384
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RESOLUTION NO.  199 - ACQUISITION OF NYSEG WATER TREATMENT PLANT

 MOVED by Mr. Totman, seconded by Mr. Lane.

Mr. Totman informed the Board that this was to show support to the Town of Dryden to acquire the former water treatment and pumping station owned by New York State Electric and Gas Corporation.  This otherwise unusable plant will provide water for fire company pump trucks, a facility for hose training, as well as water rescue training facilities for Dryden and surrounding municipalities.

 Mr. Lane spoke to the Board in support of this resolution and appreciation of Mr. Varvayanis coming to the Board to request support.  He said that Mr. Shulman of Project Impact was also present and that a lot of time has been put into developing plans that will assist the community in the event of an emergency.

 Ms. Kiefer inquired about particulars concerning the piece of property such as size, location and the like.   Mr. Shulman provided a verbal description of the property, the facility and how it is on a flood plain.  Mr. Proto asked what the size of the property is.  Mr. Shulman thought approximately one to three acres.  Mr. Proto suggested the possibility of leasing the property from NYSEG in order to maintain it on the tax roll.  Mr. Totman said that as a former zoning officer this piece of land could not be used for anything else.

A voice vote resulted as follows:  Ayes – 13, Noes – 0, Excused – 2 (Representatives Davis and Stein).  RESOLUTION ADOPTED.

 WHEREAS, New York State Electric and Gas (NYSEG) owns a facility on Lower Creek Road in the Town of Dryden, formerly used for treatment and pumping of water from Fall Creek to the Route 13 Headquarters, and
 WHEREAS, NYSEG discontinued the facility's usage in 1989 and has since attempted to unsuccessfully market the site, and
 WHEREAS, the plant's creek intake piping and double tank storage system hold potential for use by local fire departments for tanker shuttle operations, and an inexhaustible water supply could be established at the site for use by all area departments, and
 WHEREAS, the water storage tanks could be utilized for pump testing and engine operations training, and
 WHEREAS, the site could prove beneficial for other training opportunities, such as water rescue training and highway road maintenance water needs, now therefore be it
 RESOLVED on recommendation of the Public Safety Committee, That the Tompkins County Board of Representatives hereby endorses the acquisition of the site by the Town of Dryden for use by the fire departments of that township and Tompkins County,
 RESOLVED, further, That the Board of Representatives requests consideration by NYSEG of a mutual beneficial concessionary lease or purchase arrangement to enhance fire protection capabilities through the use of the Lower Creek Road site.
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Report and Presentation of Resolution(s) from the Public Works Committee
 Mr. Lane, Chairman, reported that the Committee met on the fourteenth of August and approved the revised version of the Public Works cabinet charge and will reexamine it again in December to see how it is working.  The Charter and Code revisions for the Public Works Department will also be reviewed in December when it is better known how the cabinet changes are working.

 The Committee discussed the Ellis Hollow Road project and in particular the public meeting schedules and reviewed the draft RFP for an engineering firm to begin work on the project.  This was approved with minor modifications.  He noted that the Committee is committed to having an open process similar to or better than the McLean Road project where individuals can voice their views prior to the final concepts of the project.  It is hoped to have the first meeting in late September or early October.  Residents will receive e-mails, have letters mailed, or flyers put on doors.

 The Beach Road bridge in Newfield was also discussed.  Although ownership of this bridge is in question and the County and town attorney are reviewing this matter, the Committee authorized that the necessary study of this bridge to see if it is safe for use as a pedestrian bridge by school-age children.

 The Committee received upsetting information with regard to the North Triphammer Road Phase I project. As a result of right-of-way procedural changes required by the New York State Department of Transportation it has been delayed.  As it now stands it will all be done next year in one phase rather than the two phases initially planned.  The Committee asked that staff approach the New York State Department of Transportation and that a means of better communication be developed in order to avoid this situation in the future.

 Mr. Lalley informed Mr. Lane and the Board that he talked to Mr. Lampman and it appears that the first public hearing will be mid to late October, which is different than what was discussed at the Committee.  Mr. Lane thanked Mr. Lalley for the update in this information.

RESOLUTION NO. 200 - APPROVAL OF RIGHT-OF-WAY PLAN – NORTH
      TRIPHAMMER ROAD AND BRIDGE (BIN 3314360)
      PROJECT

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

WHEREAS, Resolution No. 30 of 2001 authorized an agreement with the State of New York whereby State and Federal sources will furnish 95 percent of the funding to acquire additional right of way necessary for the reconstruction of North Triphammer Road and the bridge thereon over Gulf Creek (BIN 3314360), and
WHEREAS, plans indicate that acquisition of approximately ninety (90) parcels (easements and deeded ‘strip takings’) is necessary, but that the individual and cumulative impacts of right of way acquisition are considered total de minimus in nature, and
WHEREAS, in accordance with applicable federal regulations and guidelines a Right-of-Way Plan has been prepared, certified by the design consultant, and approved by the County Highway Manager, which describes project right of way needs, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the Chair of the Tompkins County Board of Representatives or designee be and hereby is authorized to execute documents granting Approval of the Right-of-Way Plan for the referenced project whereby acquisition of additional right of way shall be authorized.
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RESOLUTION NO. 201  - AUTHORIZATION TO ACQUIRE RIGHT OF WAY – TRUMBULL
 CORNERS ROAD BRIDGE REPLACEMENTS - PIN 375230 (BINS
 3314210 AND 3367940)

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

WHEREAS, Resolution 140 of 2001 authorized an agreement with the State of New York to construct replacements for two deteriorated bridges on Trumbull Corners Road over West Enfield Creek (BINs 3314210 and 3367940) in the Town of Enfield, and
WHEREAS, a project Right-of-Way Plan identified two (2) permanent easements needed from adjoining property owners to complete the work, and
WHEREAS, appraisals of these properties were completed and reviewed and the property owners have agreed to the permanent easements and compensation at their fair market value, and
WHEREAS, the County Highway Manager has certified completion of all State and Federal procedural requirements needed for the acquisition of right of way for this project, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the County Administrator or designee be and hereby is authorized to execute documents finalizing acquisition of permanent easements in accordance with the approved project Right-of-Way Plan.
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RESOLUTION NO. 202 - AWARD OF BID - TRUMBULL CORNERS ROAD RETAINING
      WALL REPLACEMENT

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

WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the replacement of a retaining wall along West Enfield Creek on Trumbull Corners Road (CR133), and
WHEREAS, five (5) bids were received on August 14, 2001 and publicly read, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the bid be awarded to Silverline Construction, Inc., of Burdett, NY, lowest, responsible bidder, in the amount of $86,175.00,
RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed 10 percent of the aforementioned bid amount on behalf of the County, funds to be provided from operating expense account D5111.54411.
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RESOLUTION NO. 203 - AWARD OF BID – TRUMBULL CORNERS ROAD BRIDGES
                                            REPLACEMENT (BINS 3314210 and 3367940)

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

WHEREAS, Resolution No. 140 of 2001 authorized an agreement with the State of New York whereby State and Federal sources will furnish 95 percent of the funding necessary to construct two replacement bridges on Trumbull Corners Road (County Road 133) over West Enfield Creek (BIN 3314210 and BIN 3367940), and
WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the replacement of the bridges, and
WHEREAS, five (5) bids were received on August 14, 2001 and publicly read, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the bid be awarded to Silverline Construction, Inc., of Burdett, NY, lowest, responsible bidder, in the amount of $787,653.00, pending approval by the New York State Department of Transportation,
RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed 10 percent of the aforementioned bid amount on behalf of the County, funds to be provided from capital account HZ5053.59239.
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Report and Presentation of Resolution(s) from the Planning Committee
 Mr. Penniman, Chairman, said the Committee met on August 15.  Mr. Fernando De Aragon, Transportation Planning Director, gave a report regarding the North Campus Gateway Project.  This project, a reconfiguration of roads leading to North Campus, will include public input.  Ms. Martha Armstrong of Tompkins County Area Development reported to the Committee on the Intermunicipal Sewer Project,  a program which is being negotiated among the original partners, the City of Ithaca, Town of Ithaca, and Town of Dryden, as well as Village of Cayuga Heights, Town of Lansing, and Village of Lansing.  A draft agreement is being discussed and this is important for some to move ahead with the coordination of sewer systems.  The Chamber of Commerce has played an important role in these discussions.

 Mr. Penniman said they had received a report from Ms. Kate Hackett on the Vital Community Programs.  A copy of this twenty-minute presentation will be going out to the towns.  It will explain the process completed to date and will assist in the planning process, giving guidelines in order to benefit the communities environmentally, functionally, and financially.

 The Committee will meet again on September 19, 2001.

 He reported that the search for a Planning Commissioner has been successful to date.  There have been approximately 30 candidates with good credentials.  Of these candidates, a group of one dozen has been chosen to receive questionnaires to further narrow down the field.  It is hoped that mid-September interviews will be made with the hopes of a placement at the end of the month.  Mr. Whicher noted that the Mr. Austic, Supervisor of Town of Ulysses, has been invited to participate in the selection process.

 Mr. Proto indicated a concern with regard to the Vital Communities Program going out to municipalities prior to the Board reviewing the information.  He felt it was important to have knowledge of the presentation in the event questions arise.  Mr. Penniman was asked to schedule a presentation as part of a regular Board meeting.

Report from the Health and Human Services Committee
 Mrs. Schuler, Chair, reported that the Committee met on August 15.  Some highlights from the Department of Social Services, Staff Development Coordinator Wendy Lutz will be leaving the Department and the positions of Staff Development Coordinator and Staff Development Specialist are combined and will be filled by Kit Kephart.  Efforts are continuing to provide the best customer service possible, to that end, staff recently completed six hours of training in this area, entitled Together We Can.

 Lisa Holmes, of the Office of the Aging, provided the results of a survey of the North Side/South Side Program and the Legal Services division.

 The Health Department came to the Committee with the contract renewal for the Birnie Bus Services.  In an effort to better inform those utilizing this transportation for children with special needs, Ellen Brazauskas developed an informational booklet to be given to all families.  Mrs. Schuler noted that many of these children have a ride of almost an hour one way due to the consolidated schedule.

 The Health Department with support from New York State has a campaign entitled “Fight the Bite” and are providing swatters, bookmarks, and table tents for restaurants to call attention to ways to prevent mosquito breeding.  In addition, they are providing flyers on safe food handling for not-for-profit organizations serving food at community events.

 The Youth Bureau discussed concerns with regard to funding recommendations for 2002.  Ms. Zahler of the Youth Bureau will be mentioning programs such as Bridges Program, Anger Management Programs, etc., which are valuable but not included in the preliminary budget.

 The Committee also reviewed and approved proposed Charter Changes for the Health Department and Youth Bureau.

 Mr. Proto noted the passing of Dr. Hope Perry, a long-serving member of the Board of Health, and expressed sympathy.

Report from the Economic and Workforce Development Committee
 Ms. Blanchard, Vice Chair, reported that the Committee will be meeting on Tuesday, September 4, 2001.

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

 Mr. Koplinka-Loehr, Chair, reported that the Committee has not met since the last Board meeting.  He did state that the Committee will be meeting on September 6, 2001 for both the regular meeting and the start of budgetary meetings.

RESOLUTION NO. 204 - AUTHORIZATION FOR CONTINGENT FUND APPROPRIATION           TO COVER OUTSIDE LEGAL FEES RELATED TO
     REDISTRICTING LAWSUIT – COUNTY ATTORNEY

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd.

 Mr. Proto inquired as to the status of the request from the last meeting, directed to County Administration, as to the Towns estimated costs of this litigation.  Mr. Whicher said that although this information has been requested they have not yet received the information.  Ms. Kiefer noted that information she has received is that the Town of Ithaca is responsible for approximately 80 percent of the billing and this amounts to just under $25,000.

 Mr. Lalley indicated that it should be clarified that individuals named in this litigation are doing so as individuals.

A short roll call vote resulted as follows:  Ayes – 13, Noes – 0, Excused – 2 (Representatives Davis and Stein).  RESOLUTION ADOPTED.

 WHEREAS, outside counsel was obtained to facilitate the County’s defense in the recent redistricting lawsuit imposed by the Town of Ithaca, and several other parties, and
WHEREAS, the County has been billed by Harris Beach, LLP, for legal services through July 10, 2001 in the amount of $30,849.40, representing the first phase of counsel and defense, and
WHEREAS, payment is now due, and
WHEREAS, the Board of Representatives hereby acknowledges that future billings are anticipated making the total County cost related to this case approximately $65,000, now therefore be it
 RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriation:

 FROM:  A1990.54400 Contingent Fund   $ 30,849.40
 TO:  A1420.54442 Professional Services  $ 30,849.40
SEQR ACTION:  TYPE II-20

Report from the Charter Review Committee
 Mr. Lane, Chair, reported that a review of Charter Articles is continuing.  The next meeting will be on August 23, 2001 at which time the Committee will be discussing Information Technology Services and Assessment Departments.

Report from the Communications Capital Project Committee
 Ms. Blanchard, Chair, reported that the Committee will meet again on August 28, 2001.  She reported on the progress of the Public Safety Communications Center and that Communications Capital Project had formed two sub committees to work on this project during the organizational stage.  One was comprised of the end-users and communications systems personnel.  They have completed their work and presented schematic designs to the second committee known as the “Board Building Committee.”  At this time she requested that the second committee membership be formally appointed and known as the Public Safety Communications Center Building Committee.  This newly appointed committee would be responsible for advancing the project.  Chair Mink stated that Ms. Blanchard will Chair this committee that includes Representative Totman and Representative Winch as the voting members on financial items.  Other members of this committee are Steve Whicher, Lee Shutleff, Joe Vitale, Brian Wilbur, Dan Walker, and Bob Holt.  Ms. Blanchard indicated that committee discussions determined the best way to involve the various groups represented was to act on a consensus basis with the three Board members being responsible for voting on financial matters.

 The next meeting on August 28, 2001 will be discussing the next phases of the 911 project.

Report from the Information Management Committee
 Ms. Kiefer, Chair, reported that the Committee met on August 21, 2001.  She said that surplus computer equipment is now available in a more expeditious manner and is put up for a bid on the County internet system.  A system of determining bid disposition has been developed for this.  A question that still needs to be answered is how to dispose of equipment which is not bid upon.

Ms. Kiefer also reported that the Committee had a presentation by Wendy Skinner on results of discussion by the Public Information Advisory Board with regard to the Assessment Department’s project of  having assessment data available via the internet.  They have raised questions regarding individuals privacy and recommended that insofar as legally possible any sensitive or personal data be deleted from the database prior to posting.

Report from the Space Needs and Location Committee
Chair Mink noted that this Committee is meeting on an as needed basis.  At the present time there has been no change in the disposition of the old public library.

Report from the Tompkins 2020 Committee
Mr. Koplinka-Loehr, Chair, reported that one last quality-of-life indicator is being written and edited.  Once completed, the Committee will meet to review the material.  It is hoped to have the document ready for publication by late December.  This report will include recommendations on a variety of indicators such as partnerships, birth/death rates, etc.

Approval of Minutes of August 7, 2001
 It was MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of August 7, 2001 as submitted.  MINUTES APPROVED.

Adjournment
 On motion the meeting adjourned at 6:35 p.m.

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