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 Mr. Joseph 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:  14 Legislators.  Excused - 1 (Legislator Totman).

Presentation of Proclamation(s)

 Chair Joseph read a proclamation declaring May 1, 2004 to be Suicide Survivor's Day in Tompkins County and the week of May 1, 2004 through May 8, 2004 to be Suicide Prevention Week in Tompkins County.  The proclamation was presented to Chris Bertelson, Director of Tompkins County Suicide Prevention and Crisis Service.

 Chair Joseph declared the month of April as Poetry Month and introduced Katharyn Machan, Tompkins County Poet Laurete.  Ms. Machan read the following poem to the Legislature:

As April reinvents itself again--
new snow, soft heat, a sudden thunderstorm
that pounds small buds and blossoms with hard rain--
we clothe ourselves in layers, cold to warm
to cold. Each morning--this the yearly norm--
we hope to open doors, try to sustain
belief that summer’s lithe and godly form
will take us in its arms, relieve the pain
our long lake’s full gray skies extend. To live
in such uncertainty from day to day
makes us resilient, knowing take and give
as partners in a dance of step and sway?
Forsythia steals music from the sun,
tough branches rising, reaching, one by one.

Privilege of the Floor by the Public

 Gino Bush, City of Ithaca resident, spoke in regard to a recent Ithaca Journal article about a young man who spent time at the Lou Gossett Center.  He spoke of the abuse this individual endured at the Center, which resulted in the man being paralyzed and subsequently dying at the age of 21.  Mr. Bush questioned how young individuals who are incarcerated are being protected and what consequences are there for the persons responsible for the crime.  He stated the family of the young man has never been contacted to let them know there is remorse for this act and asked that someone from the Legislature write the family a letter expressing sympathy.   Mr. Bush also thanked Legislator Proto for assisting another young man with employment two years ago; this individual went back to his country and is now in college.  He believes Mr. Proto helped save this man's life by providing him with an opportunity that would change his life.

 Fay Gougakis, City of Ithaca resident, spoke in regard to cellular phone usage in the Tompkins County Public Library.  She said Cornell University does not allow the use of cell phones in any of its libraries and does not feel the County should allow it either.   She spoke of the noise level at the Public Library and said these phones are very disruptive when people are trying to work.

 Monica Roth, Cooperative Extension Employee who works with the Agricultural and Farmland Protection Board, thanked the Legislature on behalf of the farmers, for its continuing support of the agricultural district.   She stated a resolution authorizing the continuation of and revisions to Agricultural District No. 1 is on the agenda and she is present to answer any questions.

Privilege of the Floor by Legislators

 Dooley Kiefer, District No. 10 Legislator, responded to Ms. Gougakis' comments.  She stated at the next Consumer and Community Affairs Committee she hopes to devote some time to discuss the Public Library and will include cell phone usage as a topic of discussion.

 Mr. Winch, District No. 8 Legislator, thanked Mr. Joseph for proclaiming May 1-8, 2004, to be Suicide Prevention Week in Tompkins County.  He said many people in Tompkins County feel there are a significant number of suicides that happen on Campus and he agrees there are too many.  Mr. Winch said this issue always touches his heart because one of his dear friends lost an adult child to suicide and he observed how that impacted the immediate family as well as friends.  He recalled a colleague that had to miss several days of work because the colleague was the last person someone had spoke to who had committed suicide.  It was later found out that the individual who committed suicide had also spoken to more people in a cry for help but no one took it seriously.  Mr. Winch said his colleague had to seek a considerable amount of psychological assistance after the man's suicide to deal with the impact it had on his life.   Mr. Winch said this is a serious issue and everyone needs to be aware in order to prevent this from happening.

 Mr. Booth, District No. 3 Legislator, thanked the Legislature for the very kind comments he received following the death of his father.

 Mrs. McBean-Clairborne, District No. 2 Legislator, said she appreciates the comments made by Mr. Bush earlier about the need to pay attention to what is going on.  She said there has been a series of events happening in the County with the youth and legislators need to be more proactive and to reach out and do more.  She stated the issues of racism and classism are getting more pronounced and resulting in fights amongst the youth.  She stated there needs to be more effort to get youth to do things differently and to end the violence that is happening.  Mrs. McBean-Clairborne encouraged legislators to visit schools and speak to administrators with a goal to find ways to have a more productive dialogue that will result in an end to violence.

 Ms. Herrera, District No. 5 Legislator, also spoke of the recent violence that took place at Ithaca High School.  She stated this is clearly a Countywide issue and she feels it is very important to recognize there is a problem and be honest about the problems of racisim and distrust in the community.  Ms. Herrera stated she is personally committed to find ways to solve these problems.  She believes if people show they are available and ready to listen to anybody about these topics that this will contribute to finding a solution to the problem.

 Ms. Robertson, District No. 13 Legislator, referred to Ms. Herrera's comments and said the County funds the Multi-Cultural Resource Center, and at the next Health and Human Services Committee meeting they will hear an update on the Center's Programs.   Ms. Robertson said Audrey Cooper will specifically address the problem of racism and the recent events that have taken place at the committee meeting which will be held on April 28th at 11:30 a.m.

  Ms. Robertson announced the Family Reading Partnership, which supports children and families in a very productive and positive way, placed a Bright Red Book Shelf in the Family Court waiting room in the Courthouse.  She stated these bookshelves are also located at the Human Services Building, Literacy Volunteers, Racker Centers, and the Ithaca Police Station.  She stated these books are available for families to take home and there is a crate to donate books as well.

 Ms. Robertson announced Curb Your Car Day will take place the week of April 25-May 1.  There are a number of other events that have been planned as well, including Earth Day on April 25th, a presentation on April 27 - "Searching for Sustainable Transportation Systems - Local Options".  A list of all the activities is available on the Transportation Council's website.  She announced she will be attending the national women's rights march rally in Washington, D.C. on April 27th.   She also distributed information on a public meeting to be held on the Transportation Council's 2025 long-range plan update on May 5th in the Borg Warner Room of the Tompkins County Public Library.

 Mr. Lane, District No. 14 Legislator, reported New York State has not yet adopted a budget and there has been no progress on Medicaid reform.  He said it is "business as usual" in Albany and it is time to ask the same rhetorical question of whether State legislators deserve to be reelected.

 Mr. Proto, District No. 7 Legislator, agreed with Mrs. McBean-Clairborne's description of the need to get involved and said several legislators got involved at the High School several years ago after the unfortunate incident in Caroline.  Mr. Proto said the recent events drive home the fact that this is an ongoing problem.

 Mr. Proto announced the Cornell University Women's Polo Team have won their 5th national championship.  He stated if they are victorious one more time they will set a new national record.

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

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

RESOLUTION NO.  73 - REDUCTION OF HOURS - ORGANIZATIONAL DEVELOPMENT COORDINATOR

 MOVED by Ms. Herrera, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, for reasons of fiscal economy the Commissioner of Personnel wishes to reduce the standard work week of one position of Organizational Development Coordinator from 40 hours per week to 35 hours per week, and
WHEREAS, reduction in hours would be beneficial to the taxpayers of the County, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the standard workweek for one position of Organizational Development Coordinator (64-347) shall be reduced from 40 hours per week to 35 hours per week effective immediately.
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RESOLUTION NO. 74 - APPROVAL OF THREE-YEAR CONSOLIDATED SERVICES PLAN – DEPARTMENT OF SOCIAL SERVICES

 MOVED by Ms. Herrera, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, the New York State Office of Children and Family Services (OCFS) has required the Department of Social Services to develop and submit a three-year Consolidated Services Plan that identifies program priorities in the areas of adoption, foster care services for children, preventive services for children, protective services for children and adults, and other children and family services, which covers these services for the period May 1, 2004 to December 31, 2006, and
WHEREAS, County Administrative Policy 01-35 states that “…plans prepared by County departments and which require the signature of the chief elected official of the municipality prior to submission, or those plans whose public participation requirements mandate advertising in the municipalities’ newspapers of general circulation, must be approved by the Board of Representatives [Legislature] upon review by the County Administrator and the appropriate program committee,” and
WHEREAS, such signature and advertising for public participation is required with regard to the Plan’s development, and
WHEREAS, a public hearing was held on March 25, 2004, at 2:00 p.m., for the purpose of seeking public comments regarding the “Plan,” now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services’ Three-Year Consolidated Plan for Children’s Services be approved.
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RESOLUTION NO. 75 - TRANSFER – OFFICE FOR THE AGING

  MOVED by Ms. Herrera, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, a transfer is needed to cover the printing and postage for the Needs Assessment project, now therefore be it
  RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following transfer on his books:

TRANSFER
Office for the Aging
From Acct                Title              Amt  To  Acct Title(s) __________
6783-51000571        Salary                       $200        6783-54330      Printing
6783-51000571        Salary                       $200        6783-54452      Postage
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RESOLUTION NO. 76 - TO APPROVE CONTINUATION AND REVISIONS TO AGRICULTURAL DISTRICT NO. 1

 MOVED by Ms. Herrera, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 WHEREAS, under New York State Agricultural District Law, it is required that agricultural districts be renewed every eight years allowing landowners to apply to become a part of or to exempt all or part of their lands from the district, and
 WHEREAS, Tompkins County has established agricultural districts in support of State policy in an effort to preserve, protect, and encourage the development and improvement of agricultural land for the production of food and other agricultural products, and
 WHEREAS, the County Legislature is the lead agency that must approve the formation of and changes in agricultural districts, and
 WHEREAS, the County, as required by law, conducted a public hearing for this review and approval on December 16, 2003, and
 WHEREAS, the Planning, Development and Environmental Quality Committee has reviewed the recommendations regarding revised agricultural district boundaries from the Agricultural and Farmland Protection Board and the Planning Advisory Board, and
 WHEREAS, a list of parcels indicates those recommended for addition total 95.67 acres and for deletion 1342.26 acres, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the newly revised boundaries of Agricultural District No. 1 be approved and that the District be continued.
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Appointment(s)

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

Hillview Road Landfill Citizens Advisory Committee
Dooley Kiefer - County Legislature Program Committee representative; term expires December 31, 2004

Youth Services Board
Julie M. Welch-Neville - Village of Groton representative; term expires December 31, 2006

Board of Human Rights Commissioners
Josephine Carcich - term expires December 31, 2006

Criminal Justice Advisory/Alternatives to Incarceration Board
Timothy T. Stranger - At-large (Ex-offender) representative; term expires December 31, 2005
Thomas Ferretti - Police Chief representative; term expires December 31, 2005

STOP-DWI Advisory Board
Arpi Hovaguimian - Alcohol and Drug Council Representative; term expires December 31, 2005

Strategic Tourism Planning Board
Richard Adie - At-large representative; term expires December 31, 2006

Presentation - Community Advisory Panel

 John Neuman, Spokesperson for the Community Advisory Panel on the Tompkins County budget process, provided the Legislature an overview of the Panel's Interim Report.

 Mr. Neuman stated the purpose of this interim report is to provide the Legislature with information prior to its budget retreat to be held next week.  He stated the Panel is continuing to shape certain ideas and are challenging each other but they feel the information gathered to date may be helpful at the retreat.

 Mr. Neuman said the group was formed eight weeks ago and its purpose was to familiarize itself with the fairly complex set of policies and procedures of the County's budget process.  He said based on that, the group of members who come from a variety of backgrounds, have worked to develop a set of recommendations appropriate to the County in this era of fiscal restraint and outside pressures.   Mr. Neuman said the Panel is aware that the County's process and policies have come under a lot of challenges and improvements and the members have a healthy respect for what has been accomplished in the past.   The ten members represent a very diverse array of backgrounds and represent over 300 years of working experience.   The Panel has met six times and held one evening retreat.  Hundreds of potential ideas have been sorted through and broken down to seven basic areas of recommendations:

- Reverse the budget-decision making
- Establish a tax levy target
- Rebuild reserves
- Develop criteria for capital project decision-making
- Take a longer view
- Match government services to the ups and downs of the economic cycle

 Mr. Neuman spoke of the Panel's next steps and said they plan to continue to shape, refine, and challenge themselves.  They have been receiving excellent support from very talented staff who also challenged members of the Panel by bringing forth ideas and explaining the history of the budget.  He said the Panel would like to make an attempt at portraying resources and timelines for some of the recommendations that are brought forward, and to suggest some best practices from other institutions.    Mr. Neuman said the Panel intends to complete its work by June 1.

 Mr. Joseph commented on the recommendation to rebuild reserves.   He stated he spent a number of years as budget committee chair and advocating the strategy of setting aside money when the County is experiencing good times so that in bad times needs can be met without raising taxes.  He said at a public hearing there was a question of whether taxes should be raised slowly and gradually or kept at the lowest possible level at any particular time, which would lead to spikes and valleys, a clear response was that the public preferred the level, steady approach.  However, when it came time to implement that, the Board of Representatives did not do that.  Mr. Joseph said when times are good and the Legislature proposes to increase taxes it is very difficult to do and defend.  He said he hopes when good times are present again that the Panel will defend this type of action and urge the Legislature to follow-through on this kind of strategy.

 Ms. Robertson said she is impressed by how much information the Panel has absorbed in such a short period of time.  She commented about the capital budget and stated it was that budget that caused the locally controlled spending to go up this year.   She hopes the Panel will take a close look at this in the review.  Ms. Robertson said the majority of the County's problems are the result of actions in Albany and feels more emphasis needs to be placed in the report on this.  Mr. Neuman assured Ms. Robertson that the Panel's work is not complete and they have requested additional information on the capital budget in order to work on that area further.

 Mr. Booth said the Legislature could also benefit from areas that don't receive consensus of the Panel.  Mr. Neuman said they haven't had an occasion where consensus was not reached up to this point but will present the Legislature with information if that happens.

 Various members of the Legislature expressed gratitude for the Panel's work and contributions to the County's budget process.

Presentation - Tompkins Consolidated Area Transit (TCAT)

 Ms. Blanchard stated over the last several legislative meetings several reports have been given about the status of TCAT and plans to reorganize itself into a single employer.  She introduced Rod Ghearing, TCAT General Manager, to give the Board a presentation on the reorganization.

 Mr. Gearing provided the Legislature with the following presentation:

1.  Brief History of TCAT
· 3 Transit systems - TOMTRAN, Ithaca Transit and Cornell University Transit
· Joined to build ITTC in 1991 combining maintenance operations
· Desire to further consolidate routes and fares
· Legislation enabling combining systems passed in 1996
· Formal consolidation of three systems in 1998 - TCAT Partnership - three employers
· Routes and fares consolidate in 1999 after public process
· Hallmark of organization is a unique 3-way partnership between County, City, and Cornell in which each partner pays equal amounts to operate all service

2.  Why the need to reorganize now?
· Four reasons for reorganizing now…
· Top Goal of TCAT Strategic Plan
- Plan developed in 2002
- Involved many stakeholders - employees, TCAT Board, community leaders
- Final plan adopted by TCAT Board of Directors in Fall, 2002
- Top priority - to establish a single employer for everyone working with TCAT

· Public Transportation Safety Board (PTSB)
- PTSB is charged with overseeing safety programs at all transit systems in State of New York
- Has the power to withhold over $2 million in annual State funds from TCAT
- PTSB has been working with TCAT on safety program since August 2001 driver fatality accident
- In October 2002, letter, PTSB "requested… "That TCAT take action to modify its organizational structure to establish a single entity with a management structure, reporting lines and systems of accountability designed to support the organizations' mission of delivering safe transit services to the community."
- October 24, 2003, PTSB mandated that we have a back-up plan (must be able to be done without legislative action)
- A formal PTSB meeting on January 21, 2004, indicated the PTS Board's increasing impatience with the pace of change.
· Question of the nature of TCAT organization
- What is a partnership with two public partners and one private partner?
- So far, a "government agency", although no one really knows what that is
- Structure not defined in State law
- Long-term viability uncertain
- Lacks a unitary management structure with three employers
· Liability for Punitive Damages
- Generally speaking, public entities - such as the City and County - are immune from punitive damage claims
- March, 2000, pedestrian fatality accident showed that Cornell had a potential liability for punitive damages that did not extend to the City of Ithaca or Tompkins County - could jeopardize entire organization.
- In late 2001, Cornell requested that TCAT explore alternative organizational structures that could protect them from these potential liabilities.
3.  What alternatives were considered?
· State Authority
- Lose control over appointments to Board of Directors (Syracuse, Buffalo, MTA, Albany, Rochester)
- Target of legislation by Comptroller and Attorney General
· Municipal Department of City or County
- Excludes two partners from partnership in governance
· MPO Model- ITCTC
- MPO legal definition doesn't apply to transit systems
- Doesn't define nature of TCAT
· Local authority (Public Benefit Corporation)
- Model is Utica Transit Authority (organized in 1970's)
- Maintains local control over appointments to Board of Directors
· 501(c )(3) private non-profit corporation
- Model is Gadabout

4.  Pros and Cons of Two Structures

Local Authority 501(c )(3) Non-Profit
Strikes prohibited by Taylor Law Strikes NOT prohibited
Public sector - subject FOIL, Open Meetings, etc. Private corporation - No FOIL, meetings can be closed
Employee relations governed by PERB Employee relations governed by NLRB
Generally exempt from punitive damages - like all other municipal corporations Not exempt from punitive damages
State retirement program - defined benefit Private retirement program - likely to be defined contribution program
Has bonding authority (revenue anticipation) No bonding authority
Can purchase from state contracts Cannot take advantage of state purchasing
Form well-known in New York - ALL transit authorities in state are public authorities  Use would be untried in New York State

5.  What is the Preferred Course of Action?
· TCAT Board of Directors voted in Fall of 2002 to pursue local transit authority legislation
· Legislation attempted in Spring, 2003
- Tom Hartnett, former NYS Committee of Labor, worked with local and regional union representatives
- Approved by Senate Transportation Committee
- Not introduced in Assembly due to State CSEA opposition
· Legislation redrafted for 2004 Legislative session
- Addresses many CSEA concerns
- Currently in Albany for legislative and executive review
· 501(c )(3) corporation identified for back-up plan

6.  Where do we stand today?
· TCAT Partner's Meetings - two have taken place
- Assessed current situation
- Identified need for information for all three partners
· PTSB Meeting - March 17
- System safety program plan (SSPP) not approved due to ongoing organization structure problem
- Must report to PTSB on May 19 on plans to move forward with formation of single employer structure
· March 26 letter from Commissioner of Transportation
- Gives TCAT 90 days to resolve deficiencies in SSPP, i.e. reorganize, or risk losing over $2 million in state funding

7.  Action Steps
· Obtain formal endorsement of TCAT Board's reorganization plan from each TCAT partner
· Conduct meetings with unions to discuss transition scenarios
· Work with State Legislators to support and promote authority legislation in their houses
· Proceed concurrently with establishment of 501(c )(3) private non-profit corporation to plan for contingency of legislation not passing

Mr. Kiefer asked if the terms "Public Benefit Corporation" and "Local Authority" are interchangeable; Mr. Ghearing said he was not sure.  [Later in the meeting County Attorney Wood clarified that not all Public Benefit Corporations are Authorities and not all Authorities are Public Benefit Corporations, but the TCAT-proposed one is both.]

 Mr. Lane asked what the impact would be to TCAT of losing $2 million.  Mr. Ghearing said it is difficult to assess what impact a loss of this magnitude would have, although he stated this represents over 25 percent of TCAT's operating revenue. He stated it would be devastating to the service, eliminating a great amount of the service TCAT currently provides.

 Ms. Kiefer said after a quick review of the pros and cons of the two structures she concluded that if it were a County agency they would all be as favorable as the local authority is.  She said she is not sure why restructuring into a municipal entity wouldn't be just as good as a local authority.  Mr. Ghearing said the three-way partnership exists because each partner pays equal funds towards the capital and operating costs of the organization.  He questioned how that would be rectified or structured if TCAT were run by a department.  Mr. Booth said in the interests of the City and Cornell, while related to the County in many ways are different and representation of those interests in the long-term is critical to the well-being of the entity it is serving.  He also stated a County has very different needs. Ms. Kiefer noted that if bus service is important to Cornell and to the City, one could assume they will contract with the County, and service would be essentially unchanged.  Ms. Blanchard sees continuing the collaborative spirit with the partners as very important for the future.

 Ms. Schuler commented that she would like the level of service provided to the rural areas sustained.

 Ms. Herrera stated she serves as a member of the TCAT Operations Committee and at a meeting held today there was a discussion of rural routes and noticing where it is possible, as a result of increased ridership, extend routes or times.  She spoke of the partnership and stated Tompkins County has access to a great transportation system even though this is a small county.  She said although service cannot yet be provided in all the areas that we would like, it is partnership that makes the quality of the transit system now in place possible.  Ms. Herrera said she is committed to a public transit system in Tompkins County and feels this plan, while not perfect, is acceptable and one she will support.

 Ms. Kiefer said it is not clear to hear that a 501 [c](3) or an authority is as desirable as having it become a County agency, which she prefers to have happen.  She said she hopes as a member of this Legislature, that she will have an opportunity to review any draft legislation before it is submitted in any final form to see if there are any other areas she would like addressed.  One suggestion she made is to specify that there would be actual, direct union representation on the board.

 Mr. Booth said the second alternative is a last resort alternative to keep the system running.  He said it would be enormously unfortunate if the authority mechanism failed because of labor issues regarding public employees.

Ms. Kiefer asked Mr. Ghearing if the Local Authority would be able to issue bonds, and he said they could issue revenue anticipation bonds.

Mr. Joseph noted that once an authority is created, the County would have no say with respect to any future changes in structure.  He thinks at this point we may end up with a 501(c)(3).

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

RESOLUTION NO. 77 - AUTHORIZING THE ADVANCE OF UP TO $2,000,000 OF STATE TRANSIT OPERATING ASSISTANCE (STOA) TO TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT)

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

 WHEREAS, the Tompkins Consolidated Area Transit (TCAT) was formed under a partnership agreement among Tompkins County, Cornell University, and the City of Ithaca effective January 1, 1999, and
WHEREAS, each party makes an annual contribution of equal amounts to support TCAT, and
 WHEREAS, after the completion of two years of operations, it became apparent that the timing of State Aid payments severely impacts the cash position of TCAT and impairs TCAT’s ability to reimburse the City of Ithaca and Cornell University for transit operating expenses in excess of their annual contractual obligation under the TCAT partnership, and
WHEREAS, in order to address the unequal burdens of the TCAT partners' outlays for transit operations, it is proposed that the County distribute to TCAT estimated 2nd, 3rd, and 4th quarter State Transit Operating Assistance (STOA) payments anticipated within the 2004 Adopted Budget in advance of their receipt, now therefore be it
WHEREAS, this similar process worked well in 2003, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance is authorized to enter into an agreement with TCAT whereby the County would disburse from Budget Account 5630.54404 Transportation Services 2004 Appropriations supported by STOA payments in advance of their receipt in an amount not to exceed $2,000,000,
  RESOLVED, further, That the County will recover the loss of investment income from the advance of STOA funds by billing TCAT for the actual lost earnings based upon the application of the average monthly investment applied against the average monthly balance of advanced STOA payments,
RESOLVED, further, That the County will retain all future STOA payments until such time as the advance has been fully liquidated or reauthorized by the Tompkins County Legislature.
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RESOLUTION NO. 78 - IN SUPPORT OF THE TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) REORGANIZATION

 MOVED by Mr. Koplinka-Loehr, seconded by Ms. Blanchard.  Ms. Kiefer stated after reading the resolution several times it is still not clear to her whether the local authority and public benefit corporations are the same thing or not.  She said she could vote for the resolution if the language in the first Resolved was changed to read:  "RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature urges representatives from the TCAT partners to meet with local and state representatives of the United Auto Workers (UAW) and the Civil Service Employees Association (CSEA) as soon as possible in an attempt to craft an agreeable single-management structure with clear reporting lines and systems of accountability,".  She said she does not support committing to the authority now without having had adequate consideration of a County agency.  The authority may well be an acceptable plan, but she has requested but still not received a copy of the latest version of the proposed legislation, so cannot make an informed vote.  Ms. Kiefer stated she is a very strong supporter of public transit and her no vote should not be interpreted any other way.   A roll call vote resulted as follows:  Ayes - 13; Noes - 1 (Legislator Kiefer); Excused - 1 (Legislator Totman).  RESOLUTION ADOPTED.

 WHEREAS, Tompkins Consolidated Area Transit (TCAT) with the participation of many stakeholders, developed a Strategic Plan in 2002 that had as its top priority "establishment of a single employer for everyone working at TCAT", and
 WHEREAS, the Strategic Plan was adopted by the TCAT Board on October of 2002, with efforts begun immediately to effect a changeover to a single organization structure, and
 WHEREAS, these efforts included working with legal counsel representing each of the three partners - City of Ithaca, Tompkins County, and Cornell University - to review and evaluate various models including a State Authority, a municipal department of City or County government, the metropolitan planning organization model employed by the Ithaca-Tompkins County Transportation Council (ITCTC), a Local Authority/Public Benefit Corporation (LA/PBC), and a 501(c)(3) private non-profit corporation, and
 WHEREAS, after much review and deliberation, the Local Authority/PBC was identified as the most appropriate structure for TCAT and the Tompkins County community, and
 WHEREAS, recognizing that proposed changes in organizational structure present issues for employees with different union affiliations, discussions are being held with union leadership at the state and local levels to identify specifics to be included in the LA/PBC legislation that would allow the legislation to move forward with union support, and
 WHEREAS, legislation to establish a LA/PBC for the purpose of delivering transit services in Tompkins County will be submitted to the State Legislature and the Governor's Office with a request to expedite the passage of the legislation, and
 WHEREAS, the unresolved issue of organizational structure has caused the Public Transportation Safety Board to reject TCAT's System Safety Program Plan (SSPP) having determined that the Plan, which is acceptable in all other particulars, cannot be effectively implemented under the current multi-employer status and directing "that TCAT take action to modify its organizational structure to establish a single entity with a management structure, reporting lines and systems of accountability designed to support the organization's mission of delivering safe transit services to the community", and
 WHEREAS, by written notification dated March 26, 2004, to the Chief Executive Officers of the three partners, the New York State Commissioner of Transportation has stated that "Pursuant to Transportation Law Section 17-b(3), Tompkins County is hereby notified that it has ninety (90) days to resolve the deficiencies in TCAT's SSPP.  As an acceptable SSPP is a prerequisite to the receipt of STOA (State Transit Operating Assistance), failure to resolve this matter immediately will jeopardize future STOA payments to the County, which are approximately $2 million annually", now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature urges representatives from the TCAT partners to meet with local and state representatives of the United Auto Workers (UAW) and the Civil Service Employees Association (CSEA) as soon as possible in an attempt to craft an agreeable structure for a Public Benefit Corporation,
 RESOLVED, further, That the Tompkins County Legislature urges the State Legislature to act swiftly when the legislation is submitted to enact the PBC legislation that would remove this impediment to approval of the TCAT SSPP and allow the Commissioner of Transportation to continue award of STOA payments to the County.
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RESOLUTION NO. 79 - INTENT TO FORM A NON-PROFIT CORPORATION FOR THE DELIVERY OF TRANSIT SERVICES IN TOMPKINS COUNTY

 MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne.  Mr. Joseph stated while this is an undesirable option, this will be implemented if the State Legislature fails to pass the previous resolution.  He said it is his opinion that this resolution needs to be adopted in order to keep the S.T.O.A. money.

 Mr. Booth said if the public benefit corporation is not created it will be because of the democratic leadership in Albany and he finds that result totally unacceptable as a democrat.

 Ms. Kiefer said she, too, does not support this as an alternative and MOVED to amend the resolution to say "take all necessary steps while the legislative process is underway in Albany to convert TCAT to a Tompkins County agency".  MOTION FAILED DUE TO LACK OF A SECOND.

 Ms. Herrera said she is proud there are some people in the Assembly who are very circumspect about worker's rights and if they see a problem having to do with worker's rights that they do not endorse that.  She stated that although this has been a long and difficult process, it will result in a better solution for everyone.

 Mr. Winch spoke in terms of procedure and questioned if this resolution should be adopted at this time.  He suggested not passing this because of the message it will be sending.   Mr. Joseph responded and stated the it is well-known that the County has a backup plan and a conscious decision was made to separate this out from the other resolution. He said if the County does not demonstrate that it is moving ahead with the backup plan, it will not have the credibility to request an extension on the S.T.O.A. funding.  Mr. Penniman agreed and noted the time pressure this process is under.  He stated any change that is made to either of these resolutions would have to go back to the other two partners to gain consensus.

 Ms. Robertson said she hopes the union issues will be worked out, so the Assembly will pass the legislation and all the workers can be satisfied and ready to move forward under one employer .

A voice vote resulted as follows:  Ayes - 12; Noes - 2 (Legislators Kiefer and Schuler); Excused - 1 (Legislator Totman).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins Consolidated Area Transit (TCAT) Board of Directors is working diligently to convert TCAT into a Local Authority/Public Benefit Corporation (LA/PBC), and
 WHEREAS, that effort may prove unsuccessful, and
 WHEREAS, it is essential that a single employer structure be established to ensure that the TCAT Safety Plan can be enforced and additional operational efficiencies achieved, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the TCAT Board of Directors is encouraged to take all necessary steps while the legislative process is underway in Albany to establish a 501(c)(3) non-profit corporation for the delivery of transit services in Tompkins County as a contingency plan in the event the legislative initiative fails.
SEQR ACTION:  TYPE II-20

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Chair's Report and Appointment(s)

 Mr. Joseph said prior to this meeting most legislators attended a meeting where there was discussion about approaching Cornell University to discuss ways to support each other on mutual concerns and work cooperatively.

Appointment(s)

 Mr. Joseph made the following appointment(s):

Cornell Working Group
Tim Joseph
Richard Booth
Steve Whicher
Wendy Skinner, staff support
Gateway Trail Committee
Nancy Schuler

Report from the County Administrator

 Mr. Whicher called attention to a packet containing his budget presentation materials for the legislative budget retreat placed on desks this evening.  He asked Legislators to bring this to the retreat with the other materials that have been distributed.

 Mr. Whicher recommended the appointment of Carol Kammen as Tompkins County Historian.  It was MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to confirm the appointment of Carol Kammen as Tompkins County Historian.

Report from the County Attorney

 Mr. Wood called attention to an article that appeared in yesterday's Ithaca Journal in which Steve Flash, Assistant County Attorney, was featured.  Mr. Flash ran in the Boston Marathon last weekend and raised $3,000 for multiple sclerosis.

Report from the Finance Director

 Mr. Squires reported the County's portion of sales tax is up by $700,000 over last year.   He said the County has had three consecutive months of double-digit increases.  He said he is not aware if this is the result of any special one-time adjustments.  Mr. Squires said the towns, villages, and the City also experienced increases because of the formula sharing sales tax based on the origin of the activity.  He also reported that the semi-annual distribution of Mortgage Tax is down by 11 percent.  He said the returns are in for property taxes and noted the number of people paying taxes by installment is consistent with last year.

 Mr. Squires announced a solid waste hauling company operated by Doug Brown of Groton has defaulted on its obligation with the County.  He said the company has also curtailed its delivery of solid waste to Tompkins County.  He noted this will not have a negative impact on the County's solid waste program.

Addition of Resolution(s) to the Agenda

 No resolution(s) were added to the agenda.

Withdrawal of Resolution(s) to the Agenda

 No resolution(s) were withdrawn from the agenda.

Report from the Consumer and Community Affairs Committee

 Ms. Kiefer, Chair, reported the Committee has not met since the last meeting of the Legislature.  The next meeting will be May 6th.

Report from the Budget and Capital Committee

 Mr. Koplinka-Loehr, Chair, reported the Committee met on April 13th.  He called attention to the format for the fall budget process and stated over target requests will now be separated into two different categories:  “maintenance of effort” and “new initiatives”.  He said there are two main goals of the retreat; the first is to give direction to the County Administrator to pass on to department heads and the other is the establishment of priorities.  He stated the categories of how items will be prioritized will fall into a cabinet structure which will be discussed in detail at the retreat.  Mr. Koplinka-Loehr said the recommendation that comes from the County Administrator in early September will get moved as a tentative budget with additions or subtractions made to that.  He stressed this is a significant change in the role of the County Administrator.   The other significant change is that the process is being proposed as a two-year budget.  Mr. Koplinka-Loehr announced the Committee meeting on April 27th will begin at 12:30 p.m. instead of 11:30 a.m.

Report from the Government Operations Committee

 Mr. Lane, Chairman, reported the Committee met on April 15 and had a discussion on the subject of a County Executive form of government.  Legislator Todd was in attendance and expressed his views that a County Executive would provide more accountability, particularly in the budget process.  In the Committee’s continued exploration of this issue, they will be visiting other counties to learn more and will be begin on May 10th when they travel to Chemung County.   Mr. Lane invited all Legislators to join the Committee on this trip.  Mr. Lane said the remainder of the meeting was spent discussing assessment and looking at the pros and cons of different assessment processes.  Several points were made, including the fact that the Assessment staff has been working extremely hard and finding it very difficult to sustain the current effort of annual reassessment without additional help.  Ms. Coggin informed the Committee that she would be seeking a restoration of the staff positions that have been cut.   Mr. Lane said it is not yet known if the State budget will include funding for annual reassessment and explained if the County were to go to another schedule for assessments, there may be some additional local costs in the first two years.  The Committee will be discussing this again at the next meeting and Mr. Lane will be proposing a local law which would alter the County’s annual assessment in the Charter which would allow the Legislature to establish the interval by resolution.  He will be bringing the idea of a three-year interval to the Committee for discussion.

Report from the Communications Capital Projects Committee

 Mr. Penniman, Chairman, reported the Committee met on April 15th.  He said staff is working on the Department of Transportation Relocation Project to develop the best structure for the move.  He stated they have engaged the National Development Council to put together a package with the property owned by a non-profit entity and leased to the Department of Transportation.  Mr. Penniman reported construction on the Emergency Response Center is nearing completion and a dedication ceremony will take place in late May with the movement of the dispatchers to take place in early June.  He reported on Phase II of the communications system and stated they are still in the process of hiring a consultant to assist with negotiations with Motorola.  He said staff has been working diligently on grant applications and obtaining funding sources from a number of sources for the new communications system and related equipment.

Report from the Space Needs and Location Committee

 Mr. Proto, Chairman, announced the April 14 meeting was postponed.  He said the Request for Qualifications draft has been completed and has been distributed to Committee members for review.  The next meeting will be May 12.

Report from the Public Safety Committee

 Ms. Blanchard, Chair, reported the Committee met briefly prior to this meeting to approve appointments.   The Committee also authorized the Director of Emergency Response to bid a telephone logging reporter which is the piece of equipment needed that archives the voice communication in the new communications center.  The next Committee meeting will be May 6 at 2 p.m.

Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee met on April 14 and heard from the County Administrator about an initiative to look into a prescription drug program that would allow participation by any County resident.  The goal is to reduce not only County employee health costs, but to offer people who are underinsured or uninsured people a prescription drug program at a lower cost.   Ms. Robertson said there is not much new information on the State budget; however, the County may experience a $1 million increase in Medicaid expenses.  The Committee reviewed the certified Rollover summary and discussed a shortfall in the Health Department related to the home health agency.  She said the Department is working with an accountant who is an expert in those matters and will update the Committee at the next meeting.  The Committee also heard from Nancy Zahler and Janice Johnson of the Youth Services Department about the Municipal Youth Services program and announced this year they will celebrate 15 years of services.  Ms. Robertson said in 1987, 300 youth were served and County staff was 1.5 F.T.E.   In 2003, 2901 youth were served with only 1.65 F.T.E.   Irene Stein, Director of the Office for the Aging, reported on the E.I.S.E.P. program which is the in-home personal care program aimed at keeping people in their homes instead of being placed in nursing homes.  She reported there is a waiting list at the present time of 21 people.  Ms. Stein also expressed concern that there may be additional cuts in State funding.

Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

 Mr. Booth, Chairman, reported the Committee heard an update on the initiation of the dedicated work program for the Highway Division.  The Committee also discussed three working documents that were prepared as a means of educating Administration, Legislators, and the Highway Division with regard to sharing services with the towns.    He reported the Committee discussed how the concept of mandated services relates to the responsibilities covered by both the Public Works Department and Information Technology Services.  Pete Messmer, Highway Manager, has recommended that virtually all highway and bridge expenditures be considered as mandated services.  Information Technology Services and Facilities continue to look at whether some portion of their services which are tied to mandated services should be designated as mandated services.  Mr. Booth reported on the Red Mill Bridge and said a meeting will be held with the State Preservation Officer to see if the existing bridge can be removed and a new bridge built on the existing alignment.

RESOLUTION NO. 80 - ESTABLISHING CHARGE FOR AIR SERVICE TASK FORCE

 MOVED by Mr. Booth, seconded by Ms. Schuler.  The Committee briefly discussed the decline in enplanements at the Ithaca Tompkins Regional Airport and the negative impact this loss has had on the Airport.  Mr. Booth agreed and stated while there ahs been a significant decline in enplanments, the Airport still serves a lot of people in this Community.  Mr. Winch said there has been a tremendous growth in Fed Ex and UPS deliveries and suggested trying to develop a contract in that direction.   A voice vote on the resolution resulted as follows:  Ayes – 14, Noes – 0, Excused – 1 (Legislator Totman).  RESOLUTION ADOPTED.

 WHEREAS, the Ithaca Tompkins Regional Airport is facing financial and operational challenges resulting from changes in the commercial air transportation industry, and
 WHEREAS, the Tompkins County Air Service Task Force was established in 1998 to provide community support for and input regarding the Airport, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, that the Air Service Task Force be given the following charge to develop recommendations to address the projected short and long-term budget shortfall and future structure of the Ithaca Tompkins Regional Airport:

Charge
 The Tompkins County Facilities and Infrastructure Committee, on behalf of the Tompkins County Legislature hereby charges the Air Service Task Force with developing recommendations to address the projected short and long-term budget shortfall for the Ithaca Tompkins Regional Airport.

Membership
 The existing Air Service Task Force (including Airport management) and representation from County Administration as needed.  Additional members may be added at the discretion of the Task Force.

Authority
 Authority is delegated from the County Legislature to examine all contracts, financial documents, budget preparation and analysis documents, staffing plans and requirements, and any other materials as may be desired.  Questions concerning the scope of the Task Force authority shall be directed to the County Administrator.

Scope
1. Perform a comprehensive review of Airport operations and budget.
a. Review 2004 and 2005 projections
b. Review all projected expenditures
c. Complete a profile of existing and prospective airport customers
d. Perform "leakage analysis" including quantifying the who, what, why, when, and where
e.   Review Airport Master Plan
      f.    Provide management expertise based on private sector "best practices"
      g.   Create contingency budgets for potential scenarios:
2. Market rates for existing tenants and carrier
3. Additional carriers
4. Loss of existing carrier (short term)
5. As general aviation airport only
2. Alternatives for future management of Airport.
a. Examine existing economic model for the airport
b. Review existing regional airport funding options
c. Review alternate funding options
d. General aviation funding options
e. Local partnerships vs. taxpayer funded options
f. Explore transportation authority
g. Examine the potential for outsourcing operations
h. Examine the possible expansion of package and freight operations

3. Develop Action Plan and Strategic Plan.
a. Action items for years 1 - 3
b. Strategic Plan for years 3, 5, and 10

Timeline
   30 days:   Establish task force team members, confirm timeline, and confirm scope
   60 days:   Complete scope of work outlined above
   90 days: Interim report to Facilities and Infrastructure Committee
 180 days: Final recommendations
SEQR ACTION:  TYPE II-20

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RESOLUTION  NO. 81 -APPROVING MITIGATION AGREEMENT FOR IMPACTS OF    CAYUGA GREEN PROJECT ON TOMPKINS COUNTY PUBLIC LIBRARY SOLAR PANELS

 MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present.

WHEREAS, the Cayuga Parking Garage in the City of Ithaca is currently under construction by Community Development Properties, Inc., and
WHEREAS, the City of Ithaca Planning and Development Board adopted a Statement of Findings for the Cayuga Green project, including the Cayuga Parking Garage, on February 18, 2003, subsequent to completion of the Environmental Impact Statement for the project performed under the State Environmental Quality Review Act (SEQR), and
WHEREAS, Tompkins County is a member of the ICLEI Cities for Climate Protection, thereby agreeing it is important to reduce greenhouse gas emissions, and the solar panels on the Tompkins County Public Library currently provide approximately two percent of the electricity used by County government, thus helping to reduce greenhouse gas emissions, and
WHEREAS, the Statement of Findings specifically addressed the estimated impact of shadowing on the Tompkins County Public Library solar panels and the estimated reduction of energy generated by twenty to twenty-three percent, with an annual estimated increase in the cost of electricity to the County of $16,800, and
WHEREAS, the Statement of Findings suggested as possible mitigation measures either adding more photovoltaic cells to the library or placing additional panels on newly constructed adjacent buildings, and
WHEREAS, upon more detailed analysis the suggested mitigation measures have proven to be either too expensive or impractical, and
WHEREAS, subsequent energy savings analysis by consultants to Tompkins County and the City of Ithaca indicated that other mitigation measures would provide greater energy savings than the loss due to shadowing at a lower cost and impact, and
WHEREAS, it is mutually agreed by the City of Ithaca and Tompkins County that such mitigation shall consist of energy efficiency improvements to the library at a cost not in excess of $21,000 and improvements to the main entrance of the library at a cost not in excess of $20,000, such improvement to be paid by Community Development Properties, Inc., now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is hereby authorized to execute agreement(s) with the City of Ithaca and Community Development Properties, Inc. for the mitigation of the impact of the Cayuga Green project on the Tompkins County Public Library solar panels.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 82 - AWARD OF BID – AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) BUILDING MODIFICATIONS – ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Booth, seconded by Mr. Lane.  Ms. Herrera said because of the uncertainty of future airport funding and her opinion that rates and charges are already too high, she cannot support this resolution.  She feels these fees are the cause for the County's leakage and would like to wait for a final report from the Airport Service Task Force to be complete.  A voice vote resulted as follows:  Ayes - 13; Noes - 1 (Legislator Herrera); Excused - 1 (Legislator Totman).  RESOLUTION ADOPTED.
     WHEREAS, the Finance Department advertised and in September 2003, received one bid to modify the Air Rescue Fire Fighting (ARFF/CFR) Building, including door modifications, laying a cement slab and demolishing the old electrical vault, at the Ithaca Tompkins Regional Airport, and
      WHEREAS, said bid for $ 307,700 was rejected because it was forty-four percent (44%) above the engineer’s estimate and the Facilities and Infrastructure Committee determined the contract should be re-bid at a time when competition might produce better bids, and
      WHEREAS, the Finance Department did duly re-bid said contract and three (3) bids were received and opened on February 26, 2004, and
      WHEREAS, this project is closely connected to the Airfield Electrical Equipment Relocation project bid which was awarded on September 5, 2003, and
       WHEREAS, it was deemed more cost effective for engineering inspection and contract administration to be performed on both projects at the same time as was originally intended, and
     WHEREAS, the low bidder for the Airfield Electrical Equipment Relocation (including Emergency Generator) project had agreed to hold its price until the other contractor was ready to commence work, and
      WHEREAS, grants for this project have been received from the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), now therefore be it
      RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Paul Yaman Construction of Cortland, New York, as the lowest responsible bidder with a bid of $ 161,338.50,
      RESOLVED, further, That the funding sources for this project are as follows:

FAA Share                                                 (90.0%)                $  145,204.00
NYSDOT Share                                 (  5.0%)                $     8,067.25
Local Share (Airline Rates & Charges)       (  5.0%)                $     8,067.25
TOTAL                                                                                      $ 161,338.50,

           RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with Paul Yaman Construction,
      RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the FAA and NYSDOT.
SEQR ACTION: TYPE II-2

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Report and Presentation of Resolution(s)  from the Planning, Development and Environmental Quality Committee

 Ms. Herrera, Chair, reported the next Committee meeting will be May 5 at 2:30 p.m.  She announced the Planning Department has been holding public information/comment meetings throughout the County on the Comprehensive Plan.

RESOLUTION NO. 83 - APPROPRIATION OF 2004-2005 BUDGETS FOR THE ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL

 MOVED by Ms. Herrera, seconded by Mr. Proto.  A short roll call vote resulted as follows:  Ayes - 14, Noes - 0, Excused - 1 (Legislator Totman).  RESOLUTION ADOPTED.

 WHEREAS, Tompkins County serves as the Host Agency for the Ithaca-Tompkins County Transportation Council, the Metropolitan Planning Organization for the Ithaca-Tompkins County area, and
 WHEREAS, the County has a contract with the New York State Department of Transportation to provide funding for the Ithaca-Tompkins County Transportation Council through grants provided by the Federal Highway Administration and Federal Transit Administration, and
 WHEREAS, the Ithaca-Tompkins County Transportation Council has grant authorizations for its 2004-2005 fiscal year, beginning April 1, 2004, and ending March 31, 2005, in the amounts of $212,499 from the Federal Highway Administration and $34,154 from the Federal Transit Administration, and
 WHEREAS, the Policy Committee of the Ithaca-Tompkins County Transportation Council has adopted resolution 04-2, Approval of the 2004-2005 Ithaca-Tompkins County Transportation Council Operating Budget, which requests that the Host Agency (Tompkins County) take the appropriate actions to fully implement said operating budget, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the budgets for the Ithaca-Tompkins County Transportation Council, as presented in "Attachment A" to this resolution, be amended in the 2004 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2004, through March 31, 2005.
SEQR ACTION: TYPE II-20

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ATTACHMENT A
2004-2005 ITCTC OPERATING BUDGET
CODE DESCRIPTION 04/05FHWA 04/05FTA 04/05TOTAL
.4959 REVENUES:FEDERAL AID $212,499 $34,154 $246,653
 EXPENSES:COMBINED SALARIES $120,509 21,266 141,775
.8800 FRINGE 46,999 8,294 55,293
.2206 COMPUTER EQUIPMENT 500 0 500
.2210 OTHER EQUIPMENT 500 0 500
.2212 FURNITURE & FIXTURES 500 0 500
.2230 COMPUTER SOFTWARE 291 150 441
.4303 OFFICE SUPPLIES 1,200 644 1,844
.4330 PRINTING 700 200 900
.4332 BOOKS/PUBLICATIONS 200 100 300
.4400 PROGRAM EXPENSE 23,000 0 23,000
.4402 LEGAL ADVERTISING 2,000 0 2,000
.4412 TRAVEL/TRAINING 1,000 300 1,300
.4414 LOCAL MILEAGE 1,000 300 1,300
.4416 PROFESSIONAL DUES 300 300 600
.4424 EQUIPMENT RENTAL 3,500 0 3,500
.4425 SERVICE CONTRACTS 1,200 0 1,200
.4432 RENT 600 0 600
.4442 PROFESSIONAL SERVICE FEES 700 500 1,200
.4452 POSTAGE SERVICES 3,000 500 3,500
.4472 TELEPHONE 1,800 700 2,500
.4618 INTERDEPARTMENTAL CHARGE 500 500 1,000
.4905 CENTRAL COST ALLOCATION 2,500 400 2,900
 TOTAL EXPENSES $212,499 $34,154 $246,653

RESOLUTION NO. 84 - AFFIRMING ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL (ITCTC) RECOMMENDATION TO INCREASE THE ITCTC STAFF DIRECTOR'S SALARY

 MOVED by Ms. Herrera, seconded by Mr. Booth.  A short roll call vote resulted as follows:  Ayes - 13; Noes - 1 (Legislator Winch); Excused - 1 (Legislator Totman).  RESOLUTION ADOPTED.

 WHEREAS, Tompkins County entered into a Memorandum of Understanding with the Ithaca-Tompkins County Transportation Council (ITCTC) on September 30, 1992, agreeing that “…..staff will be hosted by Tompkins County as an administrative rather than a reporting arrangement…… staff is selected by the Council [with] staffing plan, staff qualifications and salary schedule established by the Council”, and
         WHEREAS, Board Resolution No. 99 of 1993 “Clarification of Employment Status – Position of Ithaca-Tompkins County Transportation Council Planning Director” stated the following:
 “…the position of Ithaca-Tompkins County Transportation Council Planning Director shall be entitled to the terms and conditions of employment established by this [County] Board for management employees unless otherwise recommended by the Council and established by this [County] Board of Representatives”, and
         WHEREAS, on March 14, 2000, the Director’s salary was modified by ITCTC resolution 00-1 above the management salary range with the stipulation that the Host Agency, Tompkins County, execute the necessary administrative procedures to implement this modification, and
           WHEREAS, on February 5, 2002, the Tompkins County Board of Representatives passed Resolution No. 6 Affirming Ithaca-Tompkins County Transportation Council (ITCTC) recommendation to establish the ITCTC Planning Director's salary above the salary range, and
  WHEREAS, on March 9, 2004, the ITCTC passed Resolution 04-1 to increase this salary by a 4.25 percent effective April 1, 2004, and
 WHEREAS, in keeping with the County’s requirement that salaries established above the salary range be authorized exclusively by Board Resolution, and to establish or affirm recommendations made by ITCTC that are contrary to the terms and conditions of employment for management staff, now therefore be it
           RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature affirm the adjustment of the salary for the Ithaca-Tompkins County Transportation Council Planning Director by an increase of 4.25 percent effective April 1, 2004, to a  total  of  $67,561, as approved by the Ithaca-Tompkins County Transportation Council.
SEQR ACTION:  TYPE II-20

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Approval of Minutes of April 7, 2004

 At the request of Legislator Kiefer, Chair Joseph withdrew approval of the April 7, 2004, minutes from the agenda.

Adjournment

 On motion the meeting adjourned at 8:20 p.m.

Respectfully submitted by Michelle Pottorff, Legislature Office