Called to Order

 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; L. McBean-Clairborne arrived at 6:40 p.m.

Privilege of the Floor by the Public

 Richard Livingston-Lackner, Town of Ithaca, spoke of the tenth anniversary of the Mental Health peer-run services.  He said he had been praised for his work done to move the Starlight Peer Program forward and was subsequently let go two months later.  Mr. Livingston-Lackner provided written material regarding this matter and asked that it be reviewed and to possibly withhold funds until the review is complete.

 Peter Harriott, resident of 139 Ellis Hollow Creek Road and retired Cornell Chemical Engineering Professor, addressed the resolution passed recently to purchase wind energy from Community Energy.  He said as a member of the Energy Committee and the Environmental Management Council (EMC) the topic had been discussed and members were divided.  Mr. Harriott said there is a concern that the company is not forthcoming with information related to profits and continued growth of the company.  He has spoken with representatives of Community Energy, MEGA, and the Public Service Commission, and financial information from the Public Service Commission has led him to believe that less than half of the money that is raised by Community Energy goes directly to increase wind power.  He said Cornell University had considered purchases but felt more information was needed. Mr. Harriott would rather see a fund set up as a consortium to construct turbines that would be owned by the County, as was done by the University of Pennsylvania.  He would like members of the Legislature to meet with the Energy Committee and the EMC to discuss alternative methods to meet the County's goal of utilizing renewable energy.

 Fay Gougakis, City of Ithaca resident, spoke about the State's work regarding Help America Vote Act (HAVA), specifically the machines that would be used to comply with the regulations.  She is concerned that as the process unfolds counties will not have a choice of the type of machine to be used and that the choice may be manufacturer driven.  She provided information on upcoming public hearings and contacts in the State and local Board of Elections to allow individuals to let their concerns be known.

Privilege of the Floor by Legislators

 Mr. Proto, District No. 7 Legislator, reported that he has learned of New York State Electric and Gas Corporation's intent to realign due dates for their bills that could cause a shorter period between receipt and due date.  He said he contacted the company and they did revise the due date back to the original period for him.  Mr. Proto said the rationale for the date changes is to have everything in place prior to going to a new billing format in 2006.

 Ms. Schuler, District No. 4 Legislator, reported on The History Center's Window Project, a vibrant new outdoor exhibit showcasing the remarkable historical photographs from the History Center's Photo Archives.  Ms. Schuler said many winter activities took place this past weekend including the Victorian parade in Dryden, the Trumansburg Winter festival, and the Ice Sculpture displays on the Commons.  She recommended viewing the numerous ice sculptures which will remain in place.

 Ms. Robertson, District No. 13 Legislator, reported on a workshop to be held December 8, 2005, in the Borg Warner room of the library for agencies that would assist residents during the energy crisis.  This meeting is sponsored by the Human Services Coalition and Cornell Cooperative Extension and will provide information on directing individuals how to save energy and where to go when help is needed.  Ms. Robertson then thanked Ms. Gougakis for her comments regarding HAVA and noted the public hearings will take place during the last two weeks in December.  She urged individuals to look into the matter and let their thoughts be known.

 Mr. Lane, District No. 14 Legislator, spoke of the article in The Ithaca Journal regarding the meeting between the Town of Ithaca and City of Ithaca regarding consolidation.  He commended the Town Board, City Council, and Cayuga Heights for opening this dialogue.  Mr. Lane expressed concern that the newspaper focused on comments from County Legislators, noting he believes the County should only encourage the negotiations and not be involved in other ways.  If they are discussing municipal consolidation he believes they deserve assistance and good wishes and should be supported to independently make decisions.

Report from Municipal Official(s)

 Ms. Coles, City of Ithaca Common Council Member, reported that everything from the Water Treatment Plant to the Sidewalk Program in the City are progressing well.  She also reported the Client Committee for developing the southwest area of the City has almost completed their work.  She provided a copy of the vision statement for the County to review, noting it is a draft and has not been seen by Common Council or the Mayor's office.  Ms. Coles welcomed comments on the draft and provided contact information.

 Ms. Coles expressed her appreciation to the outgoing members of the Legislature and wished them well.  She then expressed her pleasure acting as the City's liaison to the Legislature.

Special Presentation - Modification to Tompkins Cortland Community College's (TC3) Campus Master Plan

 Dr. Carl Haynes, President of Tompkins Cortland Community College, said the presentation relates to a resolution requesting an amendment to the Campus Master Plan.  He introduced Mr. Robert Joy of JMD Architects who made the actual Powerpoint presentation.

 Mr. Joy reviewed the Phase 2 plans for the campus that included moving the Baker Center to provide space for new offices.  Upon completion of the new gymnasium in May of 2007, the new learning commons and digital center would be started with a completion date of December of 2007.  Once these are completed a Phase 3 would occur in 2008 with the balance of the renovations to the library and the forum/conference areas.  Mr. Joy indicated once this work is completed, if there are sufficient funds remaining it may allow a modest student center to be constructed on the outside of the southern end of the building, closer to student housing.  Mr. Joy said the budgets have been carefully reviewed, particularly in light of the "Katrina Effect" on material cost, and feels they are adequate.

 Ms. Robertson asked what would be in the student center.  Mr. Joy said if constructed, it would provide a separate food service for residents of the college as well as offer an area for activities that may be too noisy for the educational portion of the building.  He also said this area could be kept open for students in residence without requiring additional security or custodial staff needed for the main building.

 Mr. Penniman suggested the Master Plan be available on the College web site.  Mr. Joy said it had not yet been done due to the continuing modifications to the plan.  Following the presentations to the trustees and Cortland County he felt it could be done.

 Dr. Haynes said the amended master plan is possible as a result of additional fund raising.  In addition, he has learned that due to the cost of the increases it should be eligible for additional state aid if there is local support.  He believes that $2.4 million can be raised, with a $2.4 million match from the state that would allow the work to go forward without additional local taxpayer dollars.  Approval of the resolution will allow work to go forward based on the approved $28 million and to advocate for the $2.4 million from the State.

 Ms. Herrera asked what progress has occurred regarding the proposed apprenticeship agreement.  Dr. Haynes said in meetings with representatives of the trades discussions have taken place to balance their need, accommodate apprentices, and maintain competitiveness.  He will be speaking to the trustees on Thursday and will draft resolutions to review with the appropriate parties, anticipating they would proceed in early January.  Ms. Herrera noted by hiring apprentices the Community College would be contributing to the education of working-class individuals and it would be a good use of community dollars.

 Mr. Booth expressed amazement at how much is located within the community college's buiding and asked what anticipated growth could be accommodated upon completion of the renovations.  Dr. Haynes said while it is difficult to pinpoint a figure he feels  4,000 FTE students could be accommodated.  He explained some of the college's growth includes those not using the building, but utilizing on-line coursework.  In addition, he said the student population demographics is changing, with younger students attending now.  He believes the college will be well positioned for modest growth.

Presentation of Resolution from the Budget and Capital Committee

RESOLUTION NO. 234 -  APPROVAL OF TOMPKINS CORTLAND COMMUNITY  COLLEGE CAMPUS MASTER PLAN AMENDMENT

  MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.  Mr. Proto inquired if any of the tobacco securitization funds would be utilized to fund the project.  Mr. Whicher indicated the resolution indicates no local share for this portion of the project.  He said the Phase 1 portion was a potential use of tobacco funds.  Mr. Squires said the County received $3.66 million from the tobacco securitization.  This project has projected capital charge-backs involved which would require the County to borrow above the tobacco fund amount which would be offset by the charge-backs.  He said Tompkins County's share is sixty-two percent of the $4.9 million.  A voice vote on the resolution resulted as follows:  Ayes - 14; Noes -0; Excused  - 1 (Legislator McBean-Clairborne).  RESOLUTION ADOPTED.

WHEREAS, via Resolution No. 250 adopted on November 7, 2001, the Tompkins County Legislature approved Tompkins Cortland Community College’s campus master plan in the amount of $21,000,000, and
WHEREAS, via Resolution No. 168 adopted on August 20, 2003, the Tompkins County Legislature approved Tompkins Cortland Community College’s campus master plan in a revised amount of $23,000,000 and committed to bond for the sponsor share subject to notification that the State University of New York has approved its commitment to fund the projects as outlined in the amended master plan, and
WHEREAS, there was a delay in obtaining state funds to support this project, and during that time there have been significant increases in the cost of materials, which resulted in construction estimates for the athletic facility that were higher than expected, and
WHEREAS, the architects were directed to redesign the facility to reduce the cost and despite these efforts the building will cost more than originally anticipated, and
WHEREAS, the costs on Phase II (renovations to the main building) are also being significantly impacted by the higher cost of materials, and
WHEREAS, additional needs have emerged since the adoption of the original master plan; these primarily being the learning commons and the needs for student activity space, and
WHEREAS, these changes have resulted in a revised master plan as outlined below totaling $33,053,262:
 State Share       $16,526,631
Local Share
  Fundraising   $  3,000,000
  Capital Chargebacks  $  8,626,631
  Sponsor Contribution  $  4,900,000
  Total Local Share     $16,526,631
 Total Campus Master Plan     $33,053,262
, and
WHEREAS, State funds available to support the campus master plan projects are derived as follows: the state-funded 2003-2008 Capital Budget included an original allocation of $2,806,675; $10,600,000 additional has been appropriated for the master plan; $475,529 has been appropriated for repairs and renovations; and $244,427 has been appropriated for technology funds for a grand total of $14,126,631, and
WHEREAS, the College has sought guidance from the State University of New York and has been advised to submit an amendment to the current master plan requesting the need for additional state funding, and
WHEREAS, the College will be requesting an additional $2,400,000 in State capital funds, making the total state share $16,526,631, and
WHEREAS, the local share to match the additional $2.4 million in State capital funds will be supported by private fund raising and out-of-county capital chargeback funds and will not require sponsor support beyond the level of the original commitment of $4,900,000, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the campus master plan with a revised estimated cost of $33,053,262 be adopted by the Tompkins County Legislature as the formal plan for future renovations and modifications to the campus,
RESOLVED, further, That this resolution shall become effective upon adoption of a concurrent resolution by the Cortland County Legislature,
RESOLVED, further, That the Tompkins County Legislature commits to support its respective share (62%) of the sponsor share ($4.9 million) of the amended master plan,
RESOLVED, further, That a campus master plan financial oversight committee will be established and will be made up of two representatives from the Tompkins County Legislature, two representatives from the Cortland County Legislature, one member of the TC3 Board of Trustees and one member of the college staff; this committee will meet on a monthly basis and will oversee all financial matters pertaining to said campus master plan,
RESOLVED, further, That Tompkins Cortland Community College is hereby authorized to spend up to $28,253,262 on its master plan projects and is authorized to spend an additional $4,800,000 once the College receives official approval from the State University of New York for the $2,400,000 in additional state appropriations.
SEQR ACTION:  TYPE II

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Presentation of Resolution from the Government Operations Committee

RESOLUTION NO.   235  - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO.  h OF 2005 - A LOCAL LAW AMENDING   ARTICLE 4 OF THE COUNTY CHARTER PROVIDING FOR ASSESSMENTS TO BE CONDUCTED ON A SCHEDULE DETERMINED BY RESOLUTION OF THE COUNTY LEGISLATURE AND AMENDING RESOLUTION NO. 2 OF 2005 - ESTABLISHING 2005 MEETING DATES

 MOVED by Mr. Lane, seconded by Mr. Booth.  Mr. Lane expressed pride in the Assessment Department, stating it is a professional group of people who have worked hard, first for the ten-year assessments, followed by the annual assessment process.  He feels that nothing said relating to the topic should be deemed as criticizing the work or procedures, he feels with the spiking real estate market many people are unhappy and view the annual assessment as though they just get done with one increase when another occurs.  Mr. Lane said he heard a great deal of this when campaigning, and that many used the topic of rising assessments during the campaign this fall.  Although he was not going to bring the matter forward again as he had two years ago, Administration and the Assessment Department felt this would be an appropriate time to do so.  He believes to allow future changes in the procedure through the resolution process a good step; this was passed by a three to one vote at the Committee level.

 Ms. Herrera expressed disappointment she was not able to attend the meeting and as a resident and Legislator stated going to a triennial assessment would weigh heavily on her constituents.  She said there are many real estate transactions within her district which would create inequity if assessments were done triennially.  Ms. Herrera believes an annual assessment process is the fairest method, a three-year assessment may cause a severe increase in valuation and therefore taxes, and will not support the resolution and urges others to vote against it.

 Mr. Proto expressed his belief that the public hearing should be moved forward to allow for pubic input on the matter.  He said the general public does not have a full grasp of the assessment process as the Legislators do and believes they need to be heard.

 Ms. Blanchard asked if the triennial process would still allow individuals to request hearings any time of the year.  Mr. Lane indicated it would allow for hearings: Mr. Whicher clarified that upon receipt of an assessment notice there is a specific time period each year for hearings.

 Mr. Koplinka-Loehr agreed with Ms. Herrera about not going to a three-year cycle.  He believes it would be poor public policy to amend the Charter to provide the ability for the Legislature to amend the cycle through resolutions.  In addition, he said the County would lose $100,000 in the form of State aid if the change is made.  But rather than change the charter to allow the assessment revaluation cycle to be decided by resolution, which is poor policy, he would change the proposed local law to specify three years.

 It was MOVED by Mr. Koplinka-Loehr to amend the following section of the Local Law to read:

Section 2.  Section C-4.02.20 of the County Charter shall read as follows:

 § C-4.02.20.  Review and Re-evaluation

 All real property in the County of Tompkins shall be valued at a uniform percentage of fair
market value and reviewed by the professional appraiser staff of the Department of Assessment under the guidance of the Director and the Assistant Director(s) of Assessment to three-year annual cycles. at time periods determined by resolution of the County Legislature.

The motion failed for lack of a second.

 Mr. Totman said he had voted in favor of this resolution at the Committee level, however, having spoken to elderly residents in his area he believes a three-year annual cycle may create more of a hardship on individuals if they experience a large increase in assessments at the end of the longer period.

 Mr. Proto suggested Mr. Lane write an op-ed piece to explain why this proposal is being made.  Mr. Lane did not feel it would be the most appropriate action.

 Mrs. McBean-Clairborne arrived at this time.

 Ms. Robertson called attention to the memo received from Ms. Coggin, Director of Assessment, indicating that if a change were to occur this would be an appropriate time.  She asked what the Assessment staff would do if it went to triennial assessments.

 Ms. Coggin, Director of Assessment, said her department does not support any effort to eliminate the annual assessment program, it is the most equitable and best way to fairly determine assessment values.  She said the assessment value is used as the basis for school and municipal taxation determination as well as the County taxation.  Ms. Coggin said if the cycle is amended to a triennial basis the regulations would require a full assessment in 2006 and set an equal value of all parcels.  She said presently the value is approximately 90 percent of the market value; this will require revaluing every parcel at 90 percent of market value in 2006.  The following years would still require adjustments due to the nature of real estate markets.

 Ms. Robertson asked if there is any State aid for three-year assessments.  Ms. Coggin said that State aid is sunsetting in 2008.  If the County were to go to a three-year assessment they would receive aid for 2008, but not for 2006 or 2007 and not any future assessments.  She said the sunset clause for annual assessments was removed and it is possible to get State aid when completing annual assessments.

 Mr. Penniman was surprised at the amount of attention assessment received.  He asked if the 2005 assessment roll was frozen, would it be considered equitable for 2006.

Ms. Coggin said she felt it was important to understand people's complaints were about taxation rather than equity in assessment.  She said of the approximate 35,000 parcels in the County 3,000 individuals come in for informal assessment reviews, of which 800 get satisfaction and some others will go to a judicial review.  Ms. Coggin said a total of 28 individuals were not in agreement with the department this past year and took it to the judicial step.  She feels this is a very small number of individuals and that the process should not be changed.

Mrs. McBean-Clairborne asked why the County would not qualify for State aid if going to a triennial.  Ms. Coggin said the State aid is designed for those doing annual assessment.  The counties receiving State aid for triennial assessments is primarily counties without resources who had not been reassessed for many years, in some cases between 40-50 years.  These counties hired individuals to undertake the assessment process and did not have funding in the budgets.  She indicated that the State aid available for the triennial assessments can only be extended by the State Legislature.   Mrs. McBean-Clairborne then asked for clarification of the 2006 assessment noted in the memo.  Mr. Booth said it is known what increases would be for those notices and it would increase assessments a great deal.

   Ms. Coggin explained that if the Legislature went to the triennial assessment it would be recommended to start with 2006 as it would bring in some State aid in 2000 prior to the sunset clause; in order to do so it would require the Assessment Department to send out 26,000 notices to bring the assessments into full equality.

 Mr. Lane said the annual State aid was going to sunset several years ago and it was extended by the State Legislature; he believes that the same may occur with the State aid for triennial assessments.  He indicated he disagrees with Ms. Coggin that only 28 individuals did not agree with assessments.

 It was clarified by Mr. Joseph and confirmed by Ms. Coggin that if a triennial assessment program is adopted approximately 8,000 notices would be sent to bring everyone to the ninety percent value; if an annual assessment were continued, 26,000 notices will be required to bring them up to one hundred percent assessments.

 Mr. Todd said he agrees with Ms. Herrera that annual assessments are the right thing to do.  He believes it is the increases in the tax levy that should be the concern.  He supports continuing the annual assessment program.

 Ms. Schuler believes the problem is not in the method of assessment but the real estate market that is driving up assessments.

 Ms. Robertson indicated she has been struggling with the issue, noting it is spending, not the economy, that is driving assessments up.  She believes only a fraction of those who disagree with assessments go through the grievance process.

 Mr. Proto reported he heard a financial news report that indicated the real estate market has "burst".

 Ms. Kiefer agreed with Ms. Herrera that annual assessment is the fairest.  She said she disagrees with the information contained in the memo that said during the recent election an overwhelming number of people requested triennial assessments.  Ms. Kiefer feels that while people disagree with decisions they understand annual assessment by is equitable.   She said she does not believe the Legislature should have the authority to simply change the assessment cycle by resolution, it was built into the Charter to avoid doing so.  Ms. Kiefer believes the choice to bring this forward is the result of the recent campaign.

 Mr. Wood said historically the Legislature brings forward resolutions immediately following the public hearings.  He called attention to the fact the next Legislature meeting would have a great deal of time-consuming items on it.

 It was MOVED by Mr. Penniman, seconded by Mr. Koplinka-Loehr to amend the time of the public hearing on proposed Local Law No. h, to 4:30 p.m.  Ms. Robertson opposed the recommendation stating it is difficult for the public to attend at that time.  Ms. Schuler said she believes the issue of holding public hearings and voting at the same meeting has been discussed before.

Mr. Booth said the point raised by Mr. Wood regarding other items such as the Public Safety Communications Project is important; that the Legislature should have the ability to deal with these sensitive issues.  He believes the public hearing should be later than 4:30 p.m.

A voice vote on the motion resulted as follows:  Ayes - 3 (Legislators Koplinka-Loehr, Penniman, and Totman); Noes - 12.  MOTION FAILED.

It was MOVED by Mr. Booth, seconded by Mr. Penniman, to amend the resolution and change the time of the December 20, 2005, Legislature meeting from 5:30 p.m. to 4:30 p.m., and hold the public hearing at 6:30 p.m.  Ms. Herrera stated she could not support the motion.

A voice vote on the motion resulted as follows:  Ayes - 11; Noes - 4 (Legislators Herrera, Kiefer, Schuler, and Todd).  MOTION CARRIED.

 A voice vote on the resolution as amended resulted as follows:  Ayes - 9 (Legislators Blanchard, Booth, Joseph, Lane, McBean-Clairborne, Penniman, Proto, Robertson, and Stevenson); Noes - 6 (Legislators Herrera, Kiefer, Koplinka-Loehr, Schuler, Todd, and Totman).  RESOLUTION ADOPTED.

  WHEREAS, the County's Department of Assessment currently performs annual assessments of properties in the County as specified in Article 4 of the Tompkins County Charter, and
 WHEREAS, the County Legislature believes that it would be in the best interest of the public to be able in the future to modify the present assessment periods by resolution rather than by a local law to amend the Charter, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, December 20, 2005, at 6:30 o'clock in the evening thereof concerning proposed Local Law No. h of 2005 - A Local Law Amending Article 4 of the County Charter Providing for Assessments to be Conducted on a Schedule Determined by Resolution of the County Legislature.  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 Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County,
 RESOLVED, further, That Resolution No. 2 of 2005 - Establishing 2005 Meeting Dates be amended by changing the time of the Tompkins County Legislature meeting from 5:30 p.m. to 4:30 p.m. on December 20, 2005.
SEQR ACTION:  TYPE II-20

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Chair's Report

 Mr. Joseph reported he was contacted by the Multicultural Resource Center regarding a visit from officials who reside in Russia.  These officials would like to meet with members of the Legislature and will be present on Wednesday, December 14, 2005, between 9:15 a.m. - 11:15 a.m. in the Legislative Chambers; all legislators are welcome.  He then reported on the Intergovernmental Cooperation Committee's meeting with Tioga County officials to discuss Council of Government; Ms. Valentino, Town of Ithaca Supervisor, as well as others have expressed an interest in the exploration of this topic.  Mr. Joseph then called attention to a listing of appointments and liaison assignments and asked it be reviewed and any changes or additions be noted.

 Mr. Lane said he recalled twelve years ago the Government Operations Committee Chair Beverly Livesay explored the topic of a Council of Government.  It was thought at that time the existing Municipal Officers Association acted in much the same manner.  He noted since then the direction the Municipal Officers Association has taken evolved into anti-County, which  may make a review of a Council of Government worthwhile.  Ms. Blanchard said a Council of Government provides for more structure, including bylaws, minutes, and the like; it could be a positive thing to do.  Ms. Robertson said the Council was started 12 - 15 years ago for the purpose of forming a health insurance consortium.

County Administrator's Report

 Mr. Whicher reported the Motorola negotiations are progressing and it is expected that at the December 20, 2005, Legislature meeting to have a final agreement with pricing and most of the technical aspects of the project completed.  In addition, the Draft Environmental Impact Statement (DEIS) is on track; a request for proposals for site construction will also be asked for, and the paging contract will be brought forward as well.  He said a detailed presentation of the information will be given to the Public Safety Committee on December 12, 2005, with an abbreviated version at the December 20, 2005, Legislature meeting.  Ms. Schuler inquired if information will be made available in advance.  She was informed the information would be in hand a week before this meeting; Mr. Wood said the FEIS information will not be made available until the December 20 meeting due to requirements and time constraints.

 Mr. Whicher then indicated he has received preliminary information regarding the Medicaid cap which indicates a figure $936,000 higher than the County's estimated figure.  The Department of Social Services is reviewing this information and is confident it is a high estimate.  Mr. Whicher recommends waiting until the final information comes forward in June; he anticipates the actual figures will be manageable within the approved budget.

 Mr. Whicher reported that a review of the Medicare Part D coverage that was recommended for retirees has proven not to be the best choice for the County.   Completion of application materials and option decisions could leave the County in a position where it would not save funds.  A decision has been made to reverse the County's position, accept the Federal subsidy, and continue with the existing insurance for retirees.  Ms. Schuler asked if retirees have been notified and was informed that all but fifteen have been contacted by telephone and informed not to sign up for the Medicare Part D program.  Three individuals had already done so and the county is assisting in reversing the process for them.

 Ms. Kiefer spoke of Mr. Harriott's comments under Privilege of the Floor regarding the purchase of windpower from MEGA and asked if the transaction had been completed.  Mr. Marx said the  contract is prepared but not yet signed.  Ms. Blanchard will respond to Mr. Harriott's concerns.

 Mr. Booth asked if an executive session should be called to discuss Mr. Livinston-Lackner's concerns and was informed that Mr. Whicher will review the material and follow-up at a later date.

 Mr. Proto inquired when the final budget would be available for public dissemination and was informed both the line-item and reader friendly version should be available by the end of the month.

Report from the County Attorney

 Mr. Wood requested an executive session later in the meeting to discuss a personnel matter.

Report from the Finance Director

 Mr. Squires had no report

Addition of Resolution(s) to the Agenda

 There were no resolution(s) added to the agenda.

Withdrawal of Resolution(s) from the Agenda

 Chair Joseph gave the appropriate committee chair permission to withdraw the resolution entitled Charging a Fee Structure for Cars and Pick-Up Trucks at the Recycling and Solid Waste Center from the agenda.

Approval of Resolution(s) Under the Consent Agenda

 It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda:

RESOLUTION NO. 236 - AUTHORIZATION TO ISSUE DESIGN AND RIGHT-OF-WAY PLAN APPROVALS – CR 164, RINGWOOD ROAD BRIDGE REPLACEMENT (BIN 3314160) - PIN 3753.20

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

WHEREAS, Resolution No. 8 of 2005 authorized an agreement between Tompkins County and the State of New York Department of Transportation to fund the design of a bridge replacement to carry County Road 164, Ringwood Road, over Cascadilla Creek (BIN 3314160) in the Town of Dryden, and
WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and
WHEREAS, in accordance with applicable Federal regulations and guidelines a Right-of-Way Plan has been prepared which indicates that acquisition of approximately five (5) parcels (one fee ‘taking’ and four permanent easements) is necessary, but that the individual and cumulative impacts of right-of-way acquisition are considered total de minimus in nature, and
WHEREAS, completion of all procedural requirements needed prior to project design approval and Right-of-Way Plan approval have been certified by the design consultant and approved by the County Highway Manager, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, having reviewed project materials provided, hereby determines that this project is a Type II SEQRA action requiring no further environmental review,
 RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of project final design shall be authorized,
RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting approval of the Right-of-Way Plan for the referenced project.
SEQR ACTION: TYPE II - 2

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RESOLUTION NO. 237 - AUTHORIZING A CONTRACT EXTENSION WITH THE STATE OF NEW YORK FOR THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM - SOLID WASTE DIVISION

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

  WHEREAS, the State of New York provides funding for Household Hazardous Waste programs, and
  WHEREAS, Resolution No. 70 of 2003 authorized the filing of application and signing of associated contracts relating to the Household Hazardous Waste State Assistance Program, and
  WHEREAS, all necessary paperwork has been completed to authorize the extension of this contract for the time period of 2004 and 2005 to provide continued funding for the program, now therefore be it
  RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the existing contract with the State of New York be extended for two (2) years, covering the time period January 1, 2004, through December 31, 2005,
  RESOLVED, further, That the Tompkins County Solid Waste Manager or her designee is directed and authorized to sign the contract extension with the State of New York for the Household Hazardous Waste State Assistance Program.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 238 -  AUTHORIZATION TO EXECUTE A RURAL MICROENTERPRISE LOAN FOR REMEMBRANCE FARM FROM THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, the Tompkins County Economic Development Revolving Loan Fund was expanded in 2004 to provide low interest loans to small businesses (microenterprise businesses), and
 WHEREAS, these loans are made using repaid U.S. Department of Housing and Urban Development Small Cities Community Development Block Grant funds targeted for economic development activities, and
 WHEREAS, the Tompkins County Economic Development Revolving Loan Fund Oversight Committee reviewed an application and proposal for funding assistance to Remembrance Farm that will assist in increasing the farm’s growing capacity and ability to distribute organic greens to local consumers, and
WHEREAS, the Oversight Committee has fully assessed the ability of Remembrance Farm to make timely payments on monies loaned from the Revolving Loan Fund, and
 WHEREAS, enhancing the viability of agricultural businesses and supporting economic development efforts that expand rural income opportunities are policies supported by the Tompkins County Comprehensive Plan, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County is hereby authorized to sign a Loan Agreement with Remembrance Farm,
RESOLVED, further, That the County Administrator be authorized to sign all documents related to this loan, and that the County Finance Director be authorized to adjust the budget in the following manner:
REVENUE:  8693.44700   Repaid Econ. Dev. Loans $8,865
APPROPRIATION: 8693.54400   Program Expense  $8,865
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RESOLUTION NO. 239 - IMPLEMENTATION OF THE 2006 BUDGET - DEPARTMENTAL FEES

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, various departments are authorized to charge assorted fees for various services, now therefore be it
 RESOLVED, on recommendation of the appropriate program committees, That all changes and increases in fees and changes in methods of charging fees specifically identified in the departmental budget requests, recommended by the Budget and Capital Committee for 2006, and included in the 2006 budget adopted by the Tompkins County Legislature, are hereby authorized and approved.
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RESOLUTION NO. 240 - IMPLEMENTATION OF  2006 TOMPKINS COUNTY BUDGET – MEMBERSHIPS

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, it is in the best interest of the County to have County personnel be members of a variety of organizations, now therefore be it
RESOLVED, on recommendation of the appropriate program committees, That memberships in all municipal and professional organizations specifically listed in 2006 budget requests, approved by the appropriate program committee, and included in the 2006 budget adopted by the Tompkins County Legislature, are hereby authorized and approved.
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RESOLUTION NO. 241 - DELEGATING TO THE FINANCE DIRECTOR OF THE COUNTY OF TOMPKINS, NEW YORK, THE POWER TO         AUTHORIZE THE ISSUANCE OF AND TO SELL $6,000,000 REVENUE ANTICIPATION NOTES OF SAID COUNTY INANTICIPATION OF RECEIPT OF STATE AID DURING THE FISCAL YEAR OF SAID COUNTY COMMENCING JANUARY 1, 2006

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, it is prudent to allow for the possible issuance of revenue anticipation notes should there be a cash flow problem resulting from delays in State Aid during 2006, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, by the Legislature of the County of Tompkins, New York as follows:
 Section 1.  The power to authorize the issuance and to sell $6,000,000 revenue anticipation notes of the County of Tompkins, New York, including renewals thereof, in anticipation of the receipt of State Aid due said County during the fiscal year of said County commencing January 1, 2006, is hereby delegated to the Finance Director, the chief fiscal officer of such County.  Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be determined by the Finance Director, consistent with the provisions of the Local Finance Law.
 Section 2.  This resolution shall take effect immediately.
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RESOLUTION NO. 242 - AUTHORIZATION FOR DIRECTOR OF FINANCE TO MAKE YEAR-END TRANSFERS, APPROPRIATIONS AND BUDGET ADJUSTMENTS AS REQUIRED

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, it is necessary, annually, to balance Tompkins County's financial books, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That during 2006 the County Finance Director be and he hereby is authorized and directed to make year-end transfers, appropriations, and budget adjustments required to clear credit balances from the books at year-end,
 RESOLVED, further, That any such additional entries made by the County Finance Director shall be reported back to the Tompkins County Legislature.
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RESOLUTION NO. 243 - WORKER’S COMPENSATION BUDGET AND APPORTIONMENT - MUTUAL SELF-INSURANCE PLAN

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, the Budget and Capital Committee estimates that the sum of $2,000 will be required during the year 2006 for the payment of compensation in old and pending cases on behalf of the County and participating municipalities under the Mutual Self-Insurance Plan and for the expenses of administering same, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That there be raised from the County and participating municipalities in 2006 the total sum of $2,000, the same to be apportioned to the County and the participating municipalities in the proportion that their equalized valuation bears to the aggregate valuation of the County and all participating municipal corporations, as follows:
Municipality   Taxable Full Value Apportionment
Caroline 137,966,654 $27.47
Danby  178,778,641 $35.59
Dryden 566,944,548 $112.87
Enfield  129,756,126 $25.83
Groton  130,727,556 $26.03
Ithaca (Town) 693,678,728 $138.11
Lansing (Town) 684,229,622 $136.22
Newfield 187,889,495 $37.41
Ulysses 244,271,448 $48.63
Ithaca (City)                                           1,141,008,183 $227.17
Dryden (Village) 80,508,036 $16.03
Freeville (Village) 17,028,459 $3.39
Trumansburg (Village) 85,319,544 $16.99
Lansing (Village) 351,189,480 $69.92
Groton (Village) 65,589,200 $13.06
Cayuga Heights (Village) 327,909,586 $65.28
County of Tompkins                              $5,022,795,306  $1,000.00
Total $10,045,590,612 $2,000.00
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RESOLUTION NO. 244 - APPROVING COMPLETED TAX ROLLS AND DIRECTING THE EXECUTING AND DELIVERY OF WARRANTS

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, it is necessary annually to provide for property tax collection in Tompkins County to meet expenses and the cost of county governments in Tompkins County, and to direct that upon the tax rolls of the several towns and City, the several taxes will be extended, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the tax rolls be approved as completed and that there shall be extended and carried out upon the roll the amount to be levied against each parcel of real property shown thereon,
 RESOLVED, further, That there be annexed to each of said rolls a tax warrant prepared by the Director of Assessment as provided for in Section 4.00(b) of the Tompkins County Charter, that such warrants shall be the respective amounts theretofore authorized to be levied upon each of said rolls, that the several warrants be signed by the Chair and the Clerk of the Legislature under seal of the Legislature and by the Director of Assessment, and that said rolls with said warrants annexed are to be forthwith delivered to the respective collectors of the several districts of the County.
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RESOLUTION NO. 245 -  AMENDMENT OF RESOLUTION NO. 253 OF 2004 - ADDENDUM TO RESOLUTION NO. 74 OF 2002 – IMPLEMENTING ADMINISTRATIVE GUIDELINES RELATING TO TRANSFER OF MONIES TO AND FROM PERSONNEL LINES

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, Resolution No. 74 of 2002 implemented budget restrictions and administrative guidelines for 2002 and created the Fiscal Management Committee, and
 WHEREAS, Resolution No. 74 put in place a requirement that departments transferring monies to and from Personnel lines during the year 2002 would be subject to review and approval by both the Finance Director and County Administrator, and
 WHEREAS, the Finance Director has recommended that the practice of reviewing these transfer requests continue, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That transfers of  monies to and from Personnel lines shall be subject to review and approval by both the Finance Director and County Administrator through December 31, 2006,
 RESOLVED, further, That the relevant program committee shall review the Fiscal Policy prior to December 31, 2006, along with department head input, and will determine if this practice shall continue beyond 2006.
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RESOLUTION NO.  246 -  AUTHORIZATION TO SIGN DRAFTS - COUNTY ADMINISTRATOR

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, it is necessary, annually, to authorize a Tompkins County official to sign all Tompkins County drafts, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That during 2006 the County Administrator be and he hereby is authorized to sign all drafts of the County of Tompkins and to delegate this authority to the Deputy County Administrator.
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RESOLUTION NO. 247 -  AUTHORIZING PAYMENTS FOR COMMUNITY COLLEGE               OPERATING BUDGET

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 WHEREAS, this Legislature has heretofore and by resolution approved the 2005-2006 operating budget for the Tompkins Cortland Community College and appropriated the necessary funds to pay the Tompkins County proportionate share of the operating budget of said college, and
WHEREAS, to accommodate Tompkins Cortland Community College's fiscal year and cash flow needs, it is important that Tompkins County's share be paid during the first half of the calendar year, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the County Administrator be and he hereby is authorized and directed, pursuant to the provisions of the Education Law of the State of New York and within the authorization provided by this Legislature, to pay Tompkins Cortland Community College an amount up to but not to exceed the Tompkins County budgeted share of the operating costs of said college for the fiscal year 2005-2006 on the following dates in the following amounts:
January 1, 2006 $   544,196
March 1, 2006  $   544,196
May 1, 2006 $   544,196
July 1, 2006 $   544,196
Total: $   2,176,785
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RESOLUTION NO. 248 - DATE OF ORGANIZATION MEETING

 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice.

 RESOLVED, on recommendation of the Government Operations Committee, That in accordance with Section 151 of County Law, the organization meeting of the Tompkins County Legislature shall be held in the Legislative Chambers of the Tompkins County Courthouse, Ithaca, New York on Tuesday, January 3, 2006 at 5:30 o’clock in the evening thereof.
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Approval of Appointment(s) Under the Consent Agenda

 It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda:

Environmental Management Council
Terms expire December 31, 2007:
 Jacalyn C. Spoon - Village of Groton representative
 Cindy Schulte - Town of Newfield representative
Terms expire December 31, 2006:
 Lawrence Sallinger - Town of Ithaca representative

Tompkins Consolidated Area Transit Board of Directors
Frank Proto - County Legislator; term expires December 31, 2008

Fire, Disaster, and EMS Advisory Board
Larry Stilwell - Town of Enfield representative; term expires December 31, 2006
Lawrence C. Lanning - Town of Enfield (alternate) representative; term expires December 31, 2006

Youth Services Board
Georgiana Purdy - Village of Freeville representative; term expires December 31, 2008

Public Information Advisory Board - terms expire December 31, 2007
Geoff Dunn
Patricia Pryor

Library Board of Trustees
Marcy E. Rosenkrantz - term expires December 31, 2008

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

 Mr. Penniman, Chair, reported the Committee met on November 29th and prior to the Legislature meeting.  At the November 29 meeting the Committee received information regarding proposed bylaws for the Air Service Committee.  This will be coming forward in the near future and will put in place procedures presently undertaken by that Committee.  The Solid Waste Division provided information on an aluminum can recycling program presently done by Westchester County to recover can deposits.  The Committee held a lengthy discussion on that date as well as prior to this meeting to discuss a new fee system for vehicles using the Solid Waste Facility.  Mr. Penniman said the Committee welcomed Mr. Stevenson who has replaced Mr. Winch on the Committee.

RESOLUTION NO. 249 - AUTHORIZATION TO AMEND CONTRACT WITH JOHNSON CONTROLS, INC., FOR PROFESSIONAL SERVICES  - PHASE II OF ENERGY PERFORMANCE CONTRACT – ENERGY IMPROVEMENTS FOR MAIN COURTHOUSE BUILDING

 MOVED by Mr. Penniman, seconded by Ms. Schuler.  Mr. Proto inquired whether any of the amended improvements would be eliminated in the future by upgrades and was informed it would not.  A voice vote resulted as follows:  Ayes - 15; Noes - 0.  RESOLUTION ADOPTED.

 WHEREAS, the County of Tompkins has approved a 2005 Capital Project for energy efficiency improvements to County buildings, and
 WHEREAS, on August 6, 2002, the Tompkins County Legislature adopted Resolution No. 191 establishing the following reduction target: Tompkins County will, by 2008, reduce its emissions of greenhouse gases generated by county operations by 20 percent compared to its base year of 1998, and
WHEREAS, Resolution No. 38 of March 1, 2005, authorized entering into a contract with Johnson Controls, Inc., of Syracuse, NY for the implementation of various energy improvement measures in several County buildings that would result in guaranteed energy savings aimed at reducing energy consumption and greenhouse gas emissions, and
WHEREAS, additional energy improvement measures were identified at the Main Courthouse at the time Phase I was approved that required further design development, and in the interest of not delaying the implementation of the Phase I improvements it was decided to return at a later date to seek approval for a Phase II, and
WHEREAS, these Phase II additional energy improvement measures will account for approximately thirty percent energy savings at the Main Courthouse and will further reduce energy consumption and greenhouse gas emissions and bring us closer to the emissions reduction target of twenty percent, and
WHEREAS, the Unified Court System is anxious to move forward with these improvements that will replace boilers and rooftop units that have exceeded their service life and are experiencing frequent breakdowns, and
 WHEREAS, the Phase II project cost is $2.04 million of which only $890,000 will require financing either through lease purchase or issuance of bonds, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the additional scope of work and services as reflected in the Johnson Controls Energy Performance Contract amendment that will allow the Main Courthouse project to move forward expeditiously and remain within budgetary limits is hereby accepted,
 RESOLVED, further, That the Tompkins County Administrator is authorized to execute the contract amendment between Johnson Controls, Inc., and Tompkins County in the amount of $2.04 million dollars to perform the services identified in the Energy Performance Contract amendment and to execute change orders of up to five (5) percent of the contract total,
RESOLVED, further, That the Facilities Division be authorized to implement this contract amendment on behalf of the County, funds being available in Capital Account # HB1601.16.28.
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RESOLUTION NO. 250 - ESTABLISHING A UNIT CHARGE FOR THE 2006 SOLID WASTE ANNUAL FEE

 MOVED by Mr. Penniman, seconded by Ms. Blanchard.  It was noted there is no increase in the fee.  Mr. Proto inquired about the charge to educational facilities and was informed by Mr. Penniman that there was a change in the fee charged this year, however, he did not believe the overall formula was changed.

 A voice vote on the motion resulted as follows:  Ayes - 12; Noes - 3 (Legislators Kiefer, Schuler, and Proto).  RESOLUTION ADOPTED.

 WHEREAS, the unit charge for the 2006 Solid Waste Annual Fee has been recommended by the Facilities and Infrastructure Committee, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the Unit Charge for the 2006 Solid Waste Annual Fee be established at $52.00 per billing unit, which is the same as the 2005 Solid Waste Annual Fee.

ATTACHMENT A:  SCHEDULE OF RATES

CODE            PROPERTY CLASS   ‘USED AS’

(A)
Single family residences   210,240,241,242,250,280
Mobile Homes     270,271,416
Churches          Z32

Unit Charge: One billing unit per Church or living unit
 

(B)
Two-family residences            All 220’s
and other residences with two
living units

Unit Charges: Two billing units, except if verified as owner occupied and used as a single unit, the charge is one billing unit.
 

(C)
Multi-unit residences
 3 or more units    230’s
 Apartments         A01 - A07
 Rooming houses:   418
   2.5 beds = 1 billing unit
Unit Charges: One billing unit per living unit
 

(D)
Colleges: All tax exempt parcels owned by the colleges

Unit Charges:  Tompkins Cortland Community College        $6,120.85
   Cornell University      $174,125.82
  Ithaca College         $33,086.17
   BOCES          $36,184.25
     Total Colleges:     $249,517.08
 

(E)
Recreation and Warehouse (except row storage)     All K’s, Z01-Z11,
          Z19-Z26, F01-
     Unit Charges: $0.0186/sq.ft.       F04, F06, F07,F08
           F10, F11
 

(F)
Wholly Exempt Homes for the Aged  633
Wholly Exempt Other HealthCare Facilities 642

     Unit Charges: $0.0186/sq.ft.
 

(G)
All other All property classes and ‘used as’ codes not listed elsewhere in a specific category

      Unit Charges: $0.0372/sq.ft.
 

(H)
Seasonal Residences    260
 Property must be classified as a seasonal residence by the Tompkins County Assessment Dept.

Unit Charge: One-half (1/2) billing units per living unit.
 

(I)
No fee assessed:
 Row storage        F05
 Non-contributive area       Z98
 Local government - all tax exempt parcels owned by the city, towns,
 villages, and county within Tompkins County.
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Report from the Health and Human Services Committee

 Ms. Robertson, Chair, reported the Committee will meet December 7, 2005, and will hear information regarding the new Ithaca Free Clinic that will assist individuals without health insurance, and will hear from Reality Check regarding their efforts to eliminate smoking scenes in movies and flavored cigarette sales.

Report from the Air Service Task Force

 Ms. Blanchard, Chair, reported the Task Force met on November 30 and devoted a great deal of time to a discussion with the consultants negotiating with airlines.  No action was taken at that meeting.  The Task Force will meet with Facilities and Infrastructure at their next meeting to bring forward resolutions regarding the Air Service Committee and bylaws.

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

 Ms. Herrera, Chair, reported the Committee met prior to the Legislature meeting to act on resolutions that came forward under the Consent Agenda.  She spoke of the resolutions, two of which provide funding for Remembrance Farm an organic vegetable producer who markets their products locally, to construct greenhouses; and a second resolution that provides funding to Sarah E. White Floral Designs in Dryden who provide floral arrangements to Tompkins and outlying counties.  She also reported the third resolution regarding Tompkins Consolidated Area Transit will provide for a Federal government reimbursement in the amount of $307,000 for the construction of their administrative offices.

RESOLUTION NO. 251 - AUTHORIZATION TO EXECUTE A RURAL MICROENTERPRISE LOAN FOR SARAH E. WHITE FLORAL DESIGNS FROM THE  ECONOMIC DEVELOPMENT REVOLVING LOAN FUND

 MOVED by Ms. Herrera, seconded by Ms. Schuler.  Mr. Lane requested to be recused from voting as he represents this business as legal counsel.

 A voice vote on the motion resulted as follows:  Ayes - 12; Noes - 1 (Legislator Kiefer); Abstained - 1 (Legislator Lane); (Temporarily out of room - Legislator Schuler).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Economic Development Revolving Loan Fund was expanded in 2004 to provide low interest loans to small businesses (microenterprise businesses), and
 WHEREAS, these loans are made using repaid U.S. Department of Housing and Urban Development Small Cities Community Development Block Grant funds targeted for economic development activities, and
 WHEREAS, the Tompkins County Economic Development Revolving Loan Fund Oversight Committee reviewed an application and proposal for a working capital loan to Sarah E. White Floral Designs to expand goods and services offered through a store in the Village of Dryden, and
WHEREAS, the Oversight Committee has fully assessed the ability of Sarah E. White Floral Designs to make timely payments on monies loaned from the Revolving Loan Fund, and
 WHEREAS, supporting projects that enhance the local economy is a policy of the Tompkins County Comprehensive Plan, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County is hereby authorized to sign a Loan Agreement with Sarah E. White Floral Designs,
RESOLVED, further, That the County Administrator be authorized to sign all documents related to this loan, and that the County Finance Director be authorized to adjust the budget in the following manner:
REVENUE:  8693.44700   Repaid Economic Development Loans $10,385
APPROPRIATION: 8693.54400   Program Expense   $10,385
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Report and Presentation of Resolution(s) from the Budget and Capital Committee

 Mr. Koplinka-Loehr, Chair, reported the Committee met on November 22, with the majority of work to be reflected at a future meeting.  He reported an orientation for new legislators will take place on December 8th and an invitation to the Department Head meeting on December 14th.  Mr. Koplinka-Loehr spoke of two meetings to be held - January 6 there will be a legislative retreat concerning the Strategic Planning process, and on January 26 a joint Legislature/Department Head retreat.  He anticipates the meeting will assist in working toward common goals.

 Mr. Todd was excused at 7:50 p.m.

RESOLUTION NO. 252 - AMENDMENT TO THE CAPITAL PROGRAM AND THE  CONTINGENCY FUND - ABANDONING PLAN TO RELOCATE COMMUNICATIONS TOWER LOCATED AT PUBLIC SAFETY BUILDING

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously approved by voice vote of members present.  RESOLUTION ADOPTED.

 WHEREAS, by Resolution No. 159 of 2005 this Legislature amended the Capital Program to include funds for relocation of the Public Safety Building Communications Tower to Snyder Road, and
 WHEREAS, the Finance Director was directed to appropriate funds from the Contingency Fund to finance the relocation, and
 WHEREAS, as a result of changes in the marketplace and an alternative approach to fixing the tower's structural deficiencies the movement of the tower is not needed at this time, now therefore be it
RESOLVED, on recommendation of Budget and Capital Committee, That the 2005 Capital Program is hereby amended to exclude $155,000 for the relocation of the Public Safety Communications Tower to Snyder Road,
 RESOLVED, further, That the Finance Director is directed to appropriate $155,000 from the Capital Program and return said amount to the Contingency Fund.
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Report from the Government Operations Committee

 Mr. Lane, Chair, reported the Committee met on November 16th when it was provided information regarding a SARA grant to be submitted by the Tompkins County Legislature.  In addition a discussion regarding the orientation for new Legislators took place to help determine what information would be appropriate.

Report from the Public Safety Committee

 Mrs. McBean-Clairborne, Chair, reported the Committee will meet on December 12, 2005, when  discussions will take place relating to the Public Service Communication System Capital Project.

Report from the Workforce Diversity and Inclusion Committee

 Mrs. McBean-Clairborne, Chair, reported the Committee met November 30, 2005, with no meeting scheduled for December.  A report was provided from the Policy Committee and the Management Team.  The Policy Committee draft is being reviewed by Department Heads and appropriate staff for input to develop a policy that will work for all facets of the County.  Also discussed was the overall Diversity Plan.  In addition, discussions were held regarding voluntary information related to ethnic background on forms.  The topic will be discussed by the task force with a proposal being brought to the Workforce Diversity and Inclusion Committee's meeting on January 25, 2006.  Mrs. McBean-Clairborne said appreciation was expressed to individuals on the Committee.  She reported that on December 8, a Chamber of Commerce breakfast will take place that will include the topic of employing individuals with disabilities.

Mr. Todd left at this time (7:45 p.m.).

Report from Budget and Capital Committee Continued

 Mr. Koplinka-Loehr noted that on the November 22nd meeting the policy of reviewing vacant positions was reviewed.  This policy will sunset on December 31, 2005, and a determination was made not to continue it next year.

Individual Member-Filed Resolution
                                                                                                                                                                                                                                                                                                                                  RESOLUTION NO. 253 - AUTHORIZING NEW YORK STATE DEPARTMENT OF
            TRANSPORTATION MASTER MASS TRANSPORTATION
      CAPITAL CONSTRUCTION PROJECT AGREEMENT
      SUPPLEMENTAL #1 - TOMPKINS CONSOLIDATED AREA
      TRANSIT

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

WHEREAS, pursuant to State Finance Law Section 89-c, the New York State Legislature authorizes mass transportation grants for capital projects that are funded by ten percent up to one-hundred percent in State funding, and
WHEREAS, in 2003, Tompkins County accepted $435,700 in State funds to rehabilitate/renovate Tompkins Consolidated Area Transit's (TCAT) Administrative and Operations Facility (PIN 3821.52.001) (County Resolution No. 278 of 2003) by executing the Master Mass Transportation Capital Construction Project Agreement # K006677, and
WHEREAS, New York State Department of Transportation desires to amend Agreement K006677 to increase State funding by $307,050, for a total budget of $742,750, to reimburse costs of this capital project by TCAT, now therefore be it
RESOLVED, That the Tompkins County Legislature authorizes Master Mass Transportation Capital Construction Project Agreement - Supplemental #1, for $307,050, be executed by the County, on behalf of Tompkins Consolidated Area Transit.
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Approval of Minutes of November 9 and 15, 2005

 It was MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the minutes of November 9 and 15, 2005, as amended.  MINUTES APPROVED.

Recess

 Mr. Joseph declared recess from 8:05 p.m. to 8:10 p.m.

Executive Session

 It was MOVED by Mr. Proto, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to enter into executive session at 8:10 p.m. to discuss a personnel matter.

Adjournment

 On motion the meeting adjourned at 8:45 p.m.

Respectfully submitted by Karen Fuller, TC Legislature Office