Public Hearing - Proposed Local Law No. 5 of 1999

Chair Mink called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 5 of 1999 - A Local Law to Provide for the Codification of the Local Laws, Ordinances and Certain Resolutions of Tompkins County into a Municipal Code to be Designated the "Code of Tompkins County."

Chair Mink 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: 14 Representatives. Excused - 1 (Representative Kiefer). Representative Winch was excused at 6:52 p.m.

Presentation of Proclamations

Chair Mink presented the following proclamations:

Catholic Charities Week in Tompkins County September 27 - October 4, 1999 to George Ferrari, Executive Director of Catholic Charities; and

Sheriff's Week in Tompkins County September 19-25, 1999 to Peter Meskill, Tompkins County Sheriff

Privilege of the Floor by the Public

Donald Culligan, City of Ithaca, spoke regarding the Sheriff's Civilian Review Board that was created in 1991. He stated he served on the Board of Representatives for 30 years and spent the majority of that time on public safety issues. He said although the former Sheriff reluctantly agreed to the creation of the Civilian Review Board, he felt it provided a great tool for the Sheriff. He asked that the Board give consideration to having this type of board again.

Sam Leonardo, City of Ithaca resident and former Chairman of the Sheriff's Civilian Review Board, said it was a real learning experience serving on this board. He provided the Board with a brief overview of how that board operated. He said of all the complaints that were about Sheriff's deputies, 75 to 80 percent were felt by the Review Board not to be valid. The Board discussed complaints, conducted interviews, consulted with the County Attorney, and then made recommendations to the Sheriff. Mr. Leonardo feels it is very important to have this kind of Board.

Chair Mink asked Mr. Evans, Public Safety Committee Chairman, to take this issue under advisement and discuss it at the Public Safety Committee.

Privilege of the Floor by Board Members

Mr. Penniman, District No. 15 Representative, said he recently attended the NYSAC Conference in Lake Placid, New York. He said one workshop he participated in was on the subject of the tobacco settlement and how counties should use those proceeds. He said some counties have placed these funds in their 2000 budget. He feels this Board needs to start discussing how it plans to use those funds. He said a resolution brought by Representative Stein pertaining to looking at the definition of a property tax exemption was accepted by NYSAC.

Mr. Stein, District No. 3 Representative, also spoke of his attendance at the NYSAC Conference in Lake Placid, New York. He said he is a member of NYSAC's Intergovernmental Committee and the resolutions he brought forward were readily accepted by the NYSAC Board and received support from other counties. Other issues discussed at the Conference included: the growing cost of Medicaid and its burden on counties, Pre-K mandate services and who should pay, proxy voting at NYSAC meetings, and the permanent removal of sales tax on clothing. He stated at this time relatively few number of counties have elected to permanently remove this tax.

Mr. Lane, District No. 14 Representative, spoke of Hurricane Floyd and the possibility that it could have passed through this area. He commended Chair Mink for calling a meeting of emergency services personnel to ensure proper procedures are in place in Tompkins County to handle a potential emergency situation.

Mr. Lane also announced Hazard Awareness Day will take place on September 25^th from 10 a.m. to 1 p.m. During this event the public will have the opportunity to tour the Dr. Donald H. Crispell Flood Control Project.

Mr. Proto, District No. 7 Representative, reminded Board members that fire departments should be encouraged to apply for monies available through the New York State Archives. He also asked the Ithaca Journal reporter in attendance to take a message to the Ithaca Journal concerning the editorial about the library requesting more staff and that Board members were surprised to see the request. He said it was not a surprise and that the Public Library Director has always been up front with the Board about additional staff needed.

Mr. Koplinka-Loehr, District No. 11 Representative, announced a neighborhood mixer will take place at the Human Services Building on September 23^rd from 12 to 6 p.m. He also said he and Peter Penniman will be supporting AIDS Work of Tompkins County by participating in the AIDS bicycle ride around Cayuga Lake.

Chair's Report

Ms. Mink reported that since the Y2K Network was created nine months ago to counter panic raising up it has finished its task. The Y2K Booklet will be distributed in this Friday's issue of the Ithaca Journal and also in places throughout the community. She said the message is extremely ensuring in all areas that people had expressed concern about. In this community there will not be any breakdown in services as far as they can tell. Ms. Mink complimented Wendy Skinner, Public Information Coordinator, for all her work on this.

Appointments

Ms. Mink had no appointments.

Report from the County Administrator

Mr. Erb reported on the tobacco settlement and said he is confident counties will receive these funds next summer. He said while this Board goes through the 2000 budget process it needs to keep this settlement in mind. Mr. Erb reported there will be a seminar at tomorrow's Department Head meeting on workforce violence and prevention. This will be continuing throughout County government, especially because of the many random acts of violence recently.

Report from the County Attorney

Mr. Theisen reported a revised financial disclosure form is being proposed. He will speak to that at the appropriate time on the agenda.

Report from the Finance Director

Mr. Squires reported this is the time of year his Office notifies taxpayers whose properties are subject to foreclosure; about 200 certified notices were sent. At this time there are $900,000 worth of back taxes on the 200, of which 85 are residential properties with $58,000 owed. . Last year when this process was over there were 28 parcels. Mr. Squires also reported the Library project will be going out to bid on October 27 and he anticipates bids will be issued in November.

Resolution(s) Added to the Agenda

On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda:

Appropriation from Contingent Fund For Printing and Distribution of Y2K Booklet

Authorizing Acceptance of FAA Grant Amendment No. 1 AIP Project No. 3-36-0047-30-98 Being a Revision of the Grant Description and an Increase in the Grant Amount to Allow for Purchase of a Front End Loader - Tompkins County Airport.

Withdrawal of Resolution(s) from the Agenda

There were no resolution(s) withdrawn from the agenda at this time. Following the report from the Public Safety Committee, the resolution entitled Authorization for Mandate Classification Reconfiguration for Inmate Medical Cost was withdrawn from the agenda.

Approval of Resolution(s) and Appointment(s) Under the Consent Agenda.

RESOLUTION NO. 213 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS

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

RESOLVED, on recommendation of the Health and Human Services, Facilities and Infrastructure, and Government Operations Committees, That the Director of Finance be directed to make the following budget adjustments on his books:

HEALTH AND HUMAN SERVICES

Office for the Aging (#41)

Revenue Acct Title Amt Approp Acct Title(s)

6794 43808 State Revenue $1,680 6794 51000 Salary

6794 43808 State Revenue 420 6794 58800 Fringes

6794 43808 State Revenue 1,580 6794 54442 Prof. Services

6794 43808 State Revenue 20 6794 54472 Telephone

6794 43808 State Revenue 37 6794 54414 Mileage

Explanation: Increase in State Revenue for College for life-long Learning.

FACILITIES AND INFRASTRUCTURE

Airport (#45)

Revenue Acct Title Amt Approp Acct Title(s)

GOVERNMENT OPERATIONS

Assessment (#43)

Revenue Acct Title Amt Approp Acct Title(s)

1355 43089 Other State Aid $20,000 1355.54442 Prof. Services

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

Mr. Winch, Chairman, reported the Committee met on September 9^th and heard from John Andersson about adjustments in Environmental Health Fees. Following discussion, the Committee approved minimal changes to that fee schedule. Mr. Winch reported that Ann Gifford of Cooperative Extension gave the Committee an overview of the NYSEG Powers Program. This is a financial management plan that was put into effect by the Public Service Commission as part of energy deregulation. He reported Cooperative Extension also received a grant for a radon testing program. They will target 50 homes in Tompkins County and provide suggestions to residents on how to rectify problems with radon.

WHEREAS, Tompkins County Health Department currently operates a certified home health agency (Tompkins County Home Health Care) and is interested in adding medical social services to its operating certificate, and

WHEREAS, the provision of medical social services will meet the needs of patients with complex family issues and to assist health department staff in coordinating appropriate resources, and

WHEREAS, the addition of a Medical Social Worker would enhance our agencies ability to obtain managed care contracts, preferred provider status and further our goal of reaching certification through Joint Commission Accreditation Healthcare Organizations (JCAHO), and

WHEREAS, the quality improvement committee and the Professional Advisory Committee has repeatedly recommended the addition of a Medical Social Worker based on needs identified through patient record reviews, and

WHEREAS, the department has proposed the addition of a Medical Social Worker through the 2000 budget process as part of the base budget, now therefore be it

RESOLVED, on recommendation of the Health and Human Services Committee, That the Health Department is authorized to seek approval from the New York sate Department of Health to add medical social services to its operating certificate.

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

Mr. Koplinka-Loehr reported the Committee met last week. He said the public budget forum will be held on September 28 from 7 to 9 p.m. in the Human Services Building. He hopes that the public will attend and provide the Board with input on the proposed 2000 budget. Mr. Koplinka-Loehr also reported that the second of three diversity training sessions was held on September 19^th. He said they got beyond information and into best practices and will continue to move forward on this issue along with the City of Ithaca and the Ithaca City School Board. He also stated that the August Personnel report shows the County is continuing to improve its minority hiring.

WHEREAS, the Tompkins County Finance and Information Technology Services Departments have solicited for proposals in accordance with the New York State Contract for Telecommunications Systems, and

WHEREAS, only one (1) proposal was received due to distributor territory constraints established by Nortel Networks, and

WHEREAS, the Tompkins County Finance and Information Technology Services Departments have reviewed the bid and found it to be acceptable, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator, or his designee, be authorized to execute a contract for the project with All-mode Communications of Freeville, NY in the amount of $303,121 for the purchase, installation, and upgrade of various components of a new telecommunications system at the Courthouse Complex, Biggs B, Mental Health, Public Safety, Fire Disaster and EMS/Airport, and Human Services Building locations,

RESOLVED, further, That the County Administrator, or his designee, is hereby authorized to execute change orders totaling up to ten percent (10%) of the agreement amount,

RESOLVED, further, That funding for this contract is provided in the Information Technology Services Capital Program fund HF1687.

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RESOLUTION NO. 216 - ADOPTION OF AMENDED ANNUAL DISCLOSURE FORM

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

Mr. Theisen said General Municipal law requires all local governments to have financial disclosure forms and if this Board does not adopt its own, the State form would have to be used. Our existing form is similar to the State's and it is the least restrictive possible. We did an experiment when we adopted our form by allowing a person who filed last year to check off a box stating there has been no changes since the previous year, and attach a copy of the previous year's form. However, in almost all cases a copy of the previous year's form was not attached, which meant the Board Office had to do this.

Mr. Theisen noted that forms must be filed annually by all elected officials and "key employees"; the Board determines the list of key employees; the forms to do not apply to advisory boards. Mr. Stein said he supports the concept of financial disclosure; however, he finds some of the questions on the form troubling. If someone owns stock in a company that has nothing to do with Tompkins County, he does not feel that people should have access to that information. The basic purpose of the disclosure form is to identify conflicts of interest. He said too many people in public office have their private life exploited and this unfortunately pushes some people out of public office.

Mr. Proto said he agrees with the comments made by Mr. Stein. He asked who determines what categories will be listed on the form. Mr. Theisen said the State form has more categories than the County's . Mr. Proto said he feels people should be required to also list mutual funds.

Mr. Winch said he will vote against the form for the reasons mentioned by Mr. Stein.

A voice vote resulted as follows: Ayes - 11, Noes - 3 (Representatives Proto, Todd, and Winch); Excused - 1 (Representative Kiefer). RESOLUTION ADOPTED.

WHEREAS, this Board has adopted Local Law No. 2 of 1997 that amends the Tompkins County Code of Ethics, and

WHEREAS, this Local Law authorizes the Board of Representatives to adopt and amend the Annual Disclosure Form by Resolution, and

WHEREAS, the Ethics Advisory Board desires to make amendments and clarification in said Disclosure Form, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That the existing Annual Disclosure Form is hereby amended. The amended version shall be dated September 1999, and is available for inspection in the office of the Clerk of the Board of Representatives.

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Mr. Penniman said this information is already available at the Assessment Office, and that this information will only be available to specific individuals upon them registering.

Mr. Proto said whether this resolution passes or not, the same information will continue to be available in the form it has always been.

Mr. Koplinka-Loehr said this is a matter of control; that if the County does not put a policy into place on how it wants to control the information that is out there, others will put more information than the County would like.

Following discussion, it was agreed that the term "licensed professionals" in the last Whereas and second Resolved would be changed to "credentialed professionals".

A voice vote resulted as follows: Ayes - 10, Noes - 4 (Representatives Proto, Todd, Totman, and Winch); Excused - 1 (Representative Kiefer). RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Assessment Department maintains an extensive database of real property information, and

WHEREAS, this database is required by law to be available to the public, and is so available at the County Assessment Department, and

WHEREAS, nearly all of the database is subject to Freedom of Information requests, and

WHEREAS, the Board of Representatives has strong concerns about protecting the privacy of residents from unnecessary publication of information about individual residents, and

WHEREAS, the City of Ithaca and State of New York have taken steps to publish portions of this database on the Internet, and

WHEREAS, in response to a request for public input, the Board of Representatives has heard residents express significant concerns about privacy and use of data, and

WHEREAS, the County Assessment Department has a strong interest in ensuring that correct annual data are published, and

WHEREAS, the Board of Representatives believes that, consistent with respecting residents' right to privacy, certain data can be available to the general public via the Internet, and

WHEREAS, the Board of Representatives believes all users accessing this database via the Internet should have to identify themselves, and

WHEREAS, the Board of Representatives believes that Internet access to the comprehensive database should be restricted to certain credentialedprofessionals, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That the Board of Representatives supports the publishing of certain assessmentdata on the Internet provided that at least the information concerning exemptions and property-owners' names is deleted from general publication to all users,

RESOLVED, further, That all users will be required to provide both their e-mail addresses and their names, postal addresses, and telephone numbers, and that access to the comprehensive data will be password protected, with passwords annually licensed only to professionals credentialed in fieldsrelating to real property administration and transfers,

RESOLVED, further, That Tompkins County will not put any assessment data on the Internet until after the County-wide revaluation is completed in 2000, and that before any final decision is made as to what information and in what form the information will be posted, the Assessment Department must get agreement on the specifics from the appropriate committee of the Board and the Tompkins County Board of Representatives,

RESOLVED, further, That the Assessment Department will report on this topic to the appropriate Board committee on an annual basis.

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Mr. Winch was excused at this time.

WHEREAS, a public hearing was held on September 21, 1999 by the Board of Representatives of Tompkins County, notice of which was given as required by the Municipal Home Rule Law and the Open Meetings Law of the State of New York, and

WHEREAS, all interested persons were given an opportunity to be heard with respect to the enactment of said local law, and

WHEREAS, at said public hearing the Board of Representatives considered the enactment of proposed Local Law No. 5 of 1999 entitled A Local Law to Provide for the Codification of the Local Laws, Ordinances, and Certain Resolutions of Tompkins County into a Municipal Code to be Designated the "Code of Tompkins County", now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. 5 of 1999 entitled A Local Law to Provide for the Codification of the Local Laws, Ordinances, and Certain Resolutions of Tompkins County into a Municipal Code to be Designated the "Code of Tompkins County" is hereby 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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Ms. Blanchard, Chair, reported the Committee held its regular meeting this morning and also began departmental budget reviews. She announced the construction trailer that has been in the parking lot for several months will be removed on September 23, 1999. She reported the Solid Waste Division received a ten-year permit for the Household Hazardous Waste Facility. This was the first time that bid documents have been prepared by Solid Waste Staff. There will be a request to amend the Household Hazardous Waste capital project so that improvements can be made to the recycling facility at the same time. Ms. Blanchard reported recycling revenues are ahead of budget by $15,000. Cardboard and newspaper are big sellers in the recycling market.

WHEREAS, the County has previously accepted a grant in the amount of $661,588 in part to provide for the purchase of a 4.5 acre parcel of land contiguous to airport property, and

WHEREAS, the land purchase is not possible at this time, and

WHEREAS, the FAA by a letter dated September 2, 1999, has agreed to amend the language of the original grant agreement and increase the grant amount to $683,024 to allow for the purchase of a Front End Loader, and

WHEREAS, the amended grant, in addition to helping to pay for Phase I of the Parallel Taxiway Relocation will help pay for the Front End Loader as follows:

FAA Share (90.0%) Account No. HT5601.44592 $291,436.00

NYSDOT (5.0%) Account No. HT5601.43592 $ 16,191.00

Local Share (5.0%) Account No. HT5601.45031 $ 16,191.00

Total HT5601.59239 $323,818.00

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the amended grant offer from the FAA of $683,024 be and hereby is accepted and the County Administrator is authorized to execute the required documents.

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

Mr. Evans, Chairman, said the committee has completed budget reviews. The next regular meeting is scheduled for September 28.

RESOLUTION NO. - AUTHORIZATION FOR MANDATE CLASSIFICATION RECONFIGURATION FOR INMATE MEDICAL COST

Mr. Joseph said this year the Jail incurred extraordinary expenses in Jail medical services and there is not enough in that budget line to pay for those costs. Although there is no disagreement that these expenses have to be paid for, there are other costs in the Jail Medical budget line that do not fit the definition of a Class A mandate. He suggested having a separate line for these expenses or to deal with each of these costs on a case-by-case basis.

The Board directed Sheriff Meskill that he is not to spend all of the money is the Jail Medical line, but to come in for funds when these type of situations occur.

Chair Mink gave Mr. Evans permission to withdraw this resolution from the agenda at this time. RESOLUTION WITHDRAWN.

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

Mr. Joseph, Chairman, distributed copies of the Committee's October budget review schedule. He announced all regular Committee meetings for the month of October have been cancelled.

RESOLVED, on recommendation of the Budget and Quality Planning Committee, That a public hearing be held before the Board of Representatives at Board Chambers (or other place to be determined); Board Chambers located at the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on November 9, 1999, at 7:00 o'clock in the evening thereof concerning the review of the 2000 Tompkins County Budget and on the 2000-2004 Tompkins County Capital Program. 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 such public hearing in the official newspaper of the County.

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Mr. Proto expressed concern for earmarking this money for a specific purpose when the Board will be entering into a rather tight budget year.

A voice vote resulted as follows: Ayes - 6 (Representatives Davis, Koplinka-Loehr, Lane, Mink, Penniman, Schuler, ); Noes - 7 (Representatives Blanchard, Evans, Joseph, Proto, Stein, Todd, and Totman); Excused - 2 (Representative Kiefer and Winch). RESOLUTION LOST.

WHEREAS, Board Resolution No. 135 of 1995 established a Fringe Benefit Payment Pool to simplify the calculation of fringe benefit costs in County departments, create stability for small to medium-sized County departments who currently can seriously be harmed by relatively small changes in fringe benefit costs, accommodate midyear changes, and provide a buffer against radical year-to-year changes in fringe benefit costs, and

WHEREAS, the County from time-to-time receives rebates based on the premiums paid and cost of providing medical services in a previous year, now therefore be it

RESOLVED, on recommendation of the Budget and Quality Planning Committee, That the Director of Finance be instructed to utilize the County's share of any health insurance rebate as a supplement to the Fringe Benefit Payment Pool with the intent to stabilize future impending changes in the Fringe Benefits Rate as a result of increases in health insurance rates.

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WHEREAS, the Chair of the Board of Representatives appointed a committee to gather and disseminate reliable, locally relevant information about Year 2000 readiness in our community, and

WHEREAS, that Committee determined that a booklet containing Y2K compliance reports from major organizations and service providers in the County is an effective means of reaching the public, now therefore be it

RESOLVED, on recommendation of the Special Tompkins County Y2K Information Network and the Budget and Quality Planning Committees, That the Director of Finance appropriate a total of $5,300 from the Contingent Fund to the Public Information budget to pay for printing and distribution of 47,000 copies of the "Y2K Readiness Report."

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Mr. Lane, Chairman, reported the Committee has not met since the last Board meeting. He announced the residence halls were opened at Tompkins Cortland Community College. There are approximately 100 residents. He will put a copy of correspondence in all Board members' mailboxes concerning community colleges and their relationship with the State University of New York.

Report from the Air Service Task Force

Ms. Blanchard, Chair, reported the Task Force met last Friday and was Chaired by Michael Stamm in her absence. There was discussion on long-range funding and general information about services that are available at the Airport. There will be a special group working on the financing package. She said there was some discussion about some of the regional initiative and approaching Continental and Delta Air Lines and that a task force will be looking at this. She announced bad news for Tompkins County is that US Air is adding metro-jet service between Syracuse and Orlando that is low cost. The next meeting will be October 15^th at 8 a.m.

Report from the Electric Power Committee

Mr. Stein, Chairman, reported the Alliance continues to move forward with enrollments and that the Board Office has been busy answering numerous telephone calls.

Report from the Communications Capital Project Committee

Ms. Blanchard, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be September 28^th at 2 p.m. She said last Wednesday she, James Hanson, and Representative Lane made a presentation to the City of Ithaca Planning and Development Committee on the Memorandum of Understanding. The City of Ithaca committee passed a resolution in support of the project with particular regard to relocation of the Department of Transportation. She said they also endorsed the concept of the Memorandum of Understanding.

Report from the Library Coordination Committee

Mr. Proto, Chairman, reported the meeting scheduled for last week was cancelled because the information needed for that meeting is still being gathered.

Report from the Public Safety Building Construction Committee

Mr. Joseph, Chairman, reported the Committee met last Friday and discussed the possibility of creating a secure detention center for juveniles. The Committee learned that the demand for secure detention is not large enough to justify a facility for our county, which raises the question of whether or not it would be practical to have a regional facility. Broome County looked into this a few years ago and decided it was not practical and later included an area in their jail to house juveniles for up to 48 hours. The consultant suggested that in order to meet future needs of the jail the capacity needs be increased. The Committee is looking at a range between 124 to 196 cell capacity. If the Committee were to choose to increase the cell capacity to 196 it would require doubling the size of the building. Mr. Joseph said the Committee will continue to discuss this information.

Approval of Minutes of September 7, 1999

It was MOVED by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the minutes of September 7, 1999 as submitted. MINUTES APPROVED.

Adjournment

On motion the meeting adjourned at 7:31 p.m.