Tompkins County Legislature
Regular Meeting
July 5, 2005 - 5:30 p.m.
Legislature Chambers

Called to Order

 Chair Joseph called the meeting to order at 5:31 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members

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

 Present:  14 Legislators.  Excused: 1 (Legislator Blanchard).  Legislator Kiefer was excused at 6:40 p.m.

Presentation of Proclamation

 Chair Joseph read a proclamation declaring July 26, 2005, as Americans with Disabilities Act Celebration Day in Tompkins County and presented it to King Houston, President of the Finger Lakes Independence Center Board, and Lenore Schwager, Finger Lakes Independence Center.

Privilege of the Floor by the Public

 No member of the public wished to speak.

Privilege of the Floor by Legislators

 Mr. Proto, District No. 7 Legislator, informed the Legislature that in the Town of Danby a group called Fortuna Energy is doing seismic testing.  This is the pre-test before areas are identified and homeowners are approached with regard to the potential of drilling on the property.  He can provide additional contact information if residents in other districts are interested.

 Ms. Kiefer, District No. 10 Legislator, announced on behalf of the Ethics Advisory Board that all "key employees" have filed their Annual Financial Disclosure forms and the County Attorney has reported there are no problems or concerns with the forms.

 Ms. Schuler, District No. 4 Legislator, spoke about the web site for the Redbud Woods and said it is a very interesting and informative site.

Chair's Report

 Mr. Joseph reported the Income Tax Study Committee held its final meeting today and will be reporting out to the Budget and Capital Committee at their meeting next week.  Copies of the report will be made available in advance of that meeting.

Report from the County Administrator

 Mr. Whicher said he would like to request an executive session later in the meeting concerning a personnel issue.

Report from the County Attorney

 Mr. Flash, Assistant County Attorney, did not have a report.

Report from the Finance Director

 Mr. Squires reported that at the behest of the Chair of the Legislature a letter of interest was filed for the Tobacco Settlement with New York State Association of Counties about participating in the restructuring of bonds.  Late last week additional information was received indicating that if Tompkins County participated in the restructuring the amount the County would gain is approximately $1 million.  A resolution to authorize participation will be considered at the next Budget and Capital Committee meeting and all updated information will be made available to Legislators.

 Mr. Lane clarified that if the County were to receive the $1 million now that would result in a loss of $4 million over time.  Mr. Squires agreed and said the residual payments of $4 million are scheduled to begin in 2015; however, he is concerned with the long-term viability of the settlement.

 Mr. Penniman reiterated his questions concerning the present value analysis and the economic assumptions or conditions for making such a recommendation and said he will attend the Committee meeting to discuss his questions further.  Mr. Proto again asked about the cost of fees for the agency selling the bonds and was told that information will be provided.

 In response to Mr. Booth's question about the County's responsibility if it chose to participate in the restructuring and the tobacco companies escape the settlement payments, Mr. Squires said the attorneys structured the transaction so the tobacco corporation is the issuer and not Tompkins County, thereby reducing the County's liability.

Resolution(s) Added to the Agenda
 
 It was MOVED by Mr. Lane, seconded by Ms. Kiefer, to add the resolution entitled Appropriation from Contingent Fund - Equipment - Tompkins County Public Library to the agenda.  A voice vote resulted as follows:  Ayes - 10; Noes - 4 (Legislators McBean-Clairborne, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard).  MOTION CARRIED.

Withdrawal of Resolution(s) from the Agenda

 There were no resolutions withdrawn from the agenda.

Resolution(s) and Appointment(s) Approved Under the Consent Agenda

 The following resolution as approved under the Consent Agenda:

RESOLUTION NO. 119 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 13 WITH C&S ENGINEERS, INC., FOR
DESIGN SERVICES IN CONNECTION WITH THE PARALLEL       TAXIWAY RELOCATION (PHASE III) – ITHACA TOMPKINS       REGIONAL AIRPORT

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following resolution under the Consent Agenda:

      WHEREAS, the relocation of the parallel taxiway to maintain a 400 foot separation from the runway centerline has been mandated by the Federal Aviation Administration (FAA), and
      WHEREAS, Phase 1 of the relocation has already been completed and Phase II is scheduled to be completed this year, and
      WHEREAS, design of the third and final phase this coming winter would allow for construction to take place during the next construction season, and
      WHEREAS, the funding of this design contract is as follows:
     FAA (95%)                                                                         $178,600
     New York State Department of Transportation(2.5%)       $    4,700
     Local (Operational Budget)                                                $    4,700
     Total                                                                                     $188,000
, now therefore be it
          RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplementary Agreement No. 13 with C&S Engineers, Inc., for $188,000 be and hereby is approved, subject to the required Independent Fee Estimate being performed to confirm that the fees are fair, and that the County Administrator is authorized to execute the required documents,
      RESOLVED, further, That the Finance Director is authorized to advance payment for these services until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation.
SEQR ACTION: UNLISTED
(Negative Declaration - Short EAF on file at the Legislature office)

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Approval of Appointment(s) Under the Consent Agenda

 It was by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

Fire, Disaster and EMS Advisory Board
Benjamin Caskey - Town of Newfield representative; term expires December 31, 2005

Youth Services Board
Georgiana Purdy - Village of Freeville representative; term expires December 31, 2005

Presentation of Resolution from the Government Operations Committee

RESOLUTION NO. 120 - APPROPRIATION FROM CONTINGENT FUND - EQUIPMENT - TOMPKINS COUNTY PUBLIC LIBRARY

 MOVED by Mr. Lane, seconded by Ms. Kiefer.  Mr. Lane said there is a need for equipment replacement and the Library has exhausted their budget.  There is also a need for new equipment to accommodate the new program system by the Finger Lakes Library System that replaces the DYNEX system.  Mr. Winch said in regard to the new system, he contacted the Town of Newfield Library about their equipment needs to upgrade to the new system and was told that the Newfield library had enough notice to plan and purchase the needed equipment.  He feels the Tompkins County Public Library could have done the same.

 Ms. Kiefer referred to the Library's budget submission for 2005 and recalled that their intention was to try to use existing computers to accommodate the new system; however, at that time the specifications for the new system were not available.  Once the information became known, Library staff determined that new computers were going to be necessary.

 A roll call vote resulted as follows:  Ayes - 8 (Legislators Booth, Kiefer, Koplinka-Loehr, Lane, Penniman, Proto, Robertson, and Schuler); Noes - 6 (Legislators Herrera, Joseph, McBean-Clairborne, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Public Library relies on the Tompkins County Legislature for funding of basic operating expenses, and
 WHEREAS, the Tompkins County Public Library has experienced a need for the replacement of a microfilm reader/printer, a library materials check-in workstation, and computers, and
 WHEREAS, no additional funding sources or grant opportunities have been identified to fund these items, and
 WHEREAS, in order to meet the basic library service needs of its users, an appropriation from the contingency fund will be needed, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance appropriate a total of $26,000 from the Contingency Fund to the Tompkins County Public Library.
SEQR ACTION:    TYPE II-20

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

RESOLUTION NO. 121 - IN SUPPORT OF NEW YORK STATE BILL A6637/S4197 TO  ALLOW CREDIT UNIONS AND THRIFT INSTITUTIONS TO ACCEPT MUNICIPAL DEPOSITS

 MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera.  Mr. Koplinka-Loehr said that following the last Legislative meeting, at the request of Legislator Proto he sent out the resolution to banking and credit union institutions asking for feedback.  The Tompkins Trust Company was the only institution that replied and copies of the correspondence was distributed to all Legislators.

 Mr. Todd said he does not feel the "playing field is level" and will be voting against the resolution.   He believes the thrift institutions have a distinct advantage over the commercial banks because they do not pay income tax.  Mr. Totman also spoke in opposition to the resolution.  Ms. Herrera spoke in support of the resolution and reminded Legislators that credit unions are owned by their members.  Mr. Proto said he continues to have concerns that credit unions are regulated differently and enjoy different taxing structures.  He also spoke about credit unions not paying income taxes because by definition they are not-for-profit.  Ms. Kiefer said that since the State Legislature has recessed for the year and will not be in session unless called back for specific important topics, she does not feel immediate action is necessary and, therefore, will be voting against the resolution.

  Mr. Joseph disclosed that his wife works at Alternatives Federal Credit Union.  Mr. Proto also disclosed that his wife works at Tompkins Trust Company.

 A voice vote resulted as follows on the resolution:  Ayes - 7 (Legislators Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Penniman, Robertson, Schuler); Noes- 7 (Legislators Booth, Kiefer, Lane, Proto, Todd, Totman, Winch); Excused - 1 (Legislator Blanchard).  RESOLUTION FAILED.

 WHEREAS, the General Municipal Law of the State of New York requires that local governments designate one or more banks or trust companies for the deposit of public funds, and
 WHEREAS, many states and large cities throughout the United States expressly allow for the deposit of public funds in credit unions, savings banks, and savings and loan associations (hereinafter referred to as "thrift institutions"), and
 WHEREAS, the State of New York remains one of the few states where banks and trust companies are granted the ability to maintain a virtual monopoly over municipal deposits, and
 WHEREAS, by amending the applicable State law to permit the deposit of municipal funds in credit unions and thrift institutions, the State will be helping local governments to improve and ensure their financial strength by expanding such options, while at the same time keeping these important financial institutions viable and successful in their communities, and
 WHEREAS, like banks, credit unions are insured by the National Credit Union Insurance Fund, a federal agency comparable to the Federal Deposit Insurance Company, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature calls upon the New York State Legislature to pass A6637/S4197 amending all applicable State law to allow local government to deposit public funds in credit unions and thrift institutions.
SEQR ACTION:  TYPE II-20

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Report from the Space Needs and Location Committee

 Mr. Proto, Chair, said the Committee is planning to make a presentation to the full Legislature on August 2. The Committee met on June 22nd and discussed various scenarios and sites for the Office for the Aging.  Ms. Stein was asked to prioritize and rate areas that would best fit the Office for the Aging.  Legislator Winch and Ms. Stein were thanked for meeting with representatives from Lifelong to discuss the possibility of doing collaborative work.  Discussions in regard to the Health Department's space were finalized.  The Committee also discussed scenarios for the Center of Government Building at the Old Library site.  The courts needing space is what is driving the discussions for a Center of Government building.  He thanked Crystal Buck of the Planning Department and Arel LeMaro, Facilities Manager, for all their work with the Committee and consultants.  The next meeting is July 13th and if needed a meeting will be held July 26th.

Report from the Health and Human Services Committee

 Ms. Robertson, Chair, said the Committee has not met since the last Legislature meeting.  The next meeting is July 6 at 10:30 a.m. At that meeting, the Committee will be discussing the Office for the Aging needs assessment and budget recommendations from the Youth Services Board.  The Committee will also have a report from the Day Care Council on the day care situation and an update from CARS (Cayuga Addiction Recovery Services).

Report from the Air Service Committee

 As Ms. Blanchard was not present, there was no Committee report.

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

 Mr. Koplinka-Loehr, Chair, said the Committee met June 28th.  At that meeting the Committee discussed a Transfer Tax and will be considering a resolution at the next Committee meeting.  A resolution changing the target fund balance from five percent to six percent was considered and did not pass.  Copies of the draft budget calendar were distributed and will be discussed at the next Committee meeting.

RESOLUTION NO. 122 - SUPPORT OF CONTINGENCY FUND REQUESTS FOR EXPANDED DIVERSITY RECRUITMENT EFFORTS

 MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne.  Mr. Proto asked what the total cost has been for recruitment efforts this year and what is anticipated.  Mr. Koplinka-Loehr said funds for recruitment have not been exhausted.  This resolution reaffirms the County's policy to let Departments know that contingency funds are available for extensive recruiting efforts.  He feels that the extra efforts made this year have cost approximately between $5,000-$7,000.  Ms. Kiefer said she assumes all recruitment goes through Personnel and she would prefer to see a line item in the Personnel Department's budget for recruiting efforts.  Mr. Winch expressed concern with the mechanics of this and agreed with Ms. Kiefer's comment.  He would prefr a single, well-documented request from Personnel at the end of the year.  Mr. Lane said he would support the resolution but he has some of the same concerns that have been raised.   Ms. Herrera said she understands the concerns raised, but she is being cognizant of the issues that have been discussed in the past and feels this recognizes that the Legislature will consider well-justified requests from departments.  Mr. Booth feels that in the long-term it would make sense to have a line item in the Personnel Department's budget.

 A voice vote resulted as follows on the resolution:  Ayes - 11; Noes - 3 (Legislators Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard).  RESOLUTION CARRIED.

 WHEREAS, Tompkins County has committed to increasing the diversity of its workforce, and
 WHEREAS, this commitment includes expanded recruitment efforts to broaden the pool of employment applicants to include a range of diverse populations, and
 WHEREAS, departments are required to utilize recruitment strategies that will expand and diversify the applicant pool, potentially causing recruitment costs to increase, and
 WHEREAS, departments are encouraged to apply surplus funds from unused salary lines to their recruitment expenses, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That any department that has exhausted its internal sources of funds for recruitment costs should not reduce its diversity recruitment efforts but should be cognizant that a contingency fund request is available as a mechanism for reimbursement of extra outreach expenses incurred.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 123 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT  GENERAL FUNDS FROM 2004 TO VARIOUS ACCOUNTS

 MOVED by Mr. Koplinka-Loehr, seconded by Ms. Schuler.  A short roll call vote resulted as follows:  Ayes - 13; Noes - 1 (Legislator Booth); Excused - 1 (Legislator Blanchard).  CARRIED.

  WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2004 resulting in a surplus of $1,119,461 on the County’s books as of December 31, 2004, and
WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $631,772.74 in the current year budget, now therefore be it
RESOLVED, on recommendation of the Health and Human Services, Planning, Development and Environmental Quality, Public Safety, Government Operations, Facilities and Infrastructure, and Budget and Capital Committees, That the following transactions are approved:

BUDGET APPROPRIATION:
FROM: General Fund Balance        $ 631,772.74
TO:
Assessment- 4x4 vehicle 1355.52231 15,000.00
      $15,000.00
Assigned Counsel - major repair of laser printer 8020.54303 350.00
      $350.00
Board of Elections - HAVA training 1450.54412 1,500.00
Board of Elections - desk and chair replacement 1450.54403 800.00
Board of Elections - new printer 1450.52206 2,600.00
Board of Elections - mileage 1450.54414 500.00
Board of Elections - new/replacement election bags 1450.54303 734.00
      $6,134.00
County Attorney - professional services 1420.54442 4,450.00
      $4,450.00
County Clerk – microfilming (civil papers) 1410.54442 4,200.00
County Clerk - conversion of map microfilming 1410.54442 3,300.00
County Clerk - archives grant completion (tax maps) 1410.54442 11,214.72
County Clerk - inventory and microfilming (historic papers) 1410.54442 4,800.00
County Clerk - shelving and storage 1410.54442 6,800.00
County Clerk - backfilling of instruments into EDMS 1410.54442 9,200.00
      $39,514.72
Emergency Response - reimburse ITS for networking 3410.54425 20,500.00
Emergency Response - computer equipment (training & operation) 3410.52206 12,540.00
Emergency Response - communications equipment 3410.52222 11,000.00
Emergency Response - Trumansburg Tower Project 3410.54311 10,000.00
Emergency Response - 911 staff training 3410.54412 5,000.00
      $59,040.00
Information Technology Services - cost defray (Clarity Connect) 1680.54425 1,727.11
      $1,727.11
Legislature - computer equipment 1040.52206 2,843.00
Legislature - tape deck and dictaphone 1040.52299 860.00
Legislature - office supplies 1040.54303 800.00
      $4,503.00

Personnel - contract negotiation costs 1430.54442 25,000.00
Personnel - training, diversity, and workplace initiatives 1987.54400 11,442.00
      $36,442.00
Planning - color printer 8020.52206 3,000.00
Planning - printing costs (Comprehensive Plan) 8020.5330 5,150.00
Planning - studies (Scenic Resource, Sustainable Forest, West Hill Trans.) 8020.54442 45,000.00
      $53,150.00
Probation  - replacement outdated of monitoring equipment 3141.52220 24,020.00
Probation  - computer equipment (replacement) 3141.52206 1,760.00
Probation  - computer equipment (replacement) 3142.52206 7,040.00
Probation  - Microcomputer Specialist (salary) 3142.51000 19,019.00
Probation  - Microcomputer Specialist (fringes) 3142.58800 7,418.00
Probation - T1 line for mandated E-justice Connection 3141.54424 1,120.00
Probation - T1 line for mandated E-justice Connection 3142.54424 4,480.00
      $64,857.00
Probation Day Reporting - security system (Community Justice Center) 3160.54400 5,000.00
      $5,000.00
Public Works Administration - computer and printer 1490.52206 3,000.00
      $3,000.00
Sheriff's Office - safe and cash drawer system 3110.52210 600.80
Sheriff's Office - conversion of records 3110.54442 4,000.00
Sheriff's Office - protective body armor 3113.52220 19,123.00
Sheriff's Office - new environmental friendly snowmobile 3113.52231 16,000.00
      $39,723.80
Sheriff's Office Jail - protective body armor 3150.52220 50,000.00
Sheriff's Office Jail - computer and radio equipment 3150.52206 10,000.00
Sheriff's Office Jail - computer and radio equipment 3150.52222 10,000.00
Sheriff's Office Jail - building improvements (dormitories, showers, ceiling, air) 3150.54442 100,000.00
Sheriff's Office Jail - building improvements (civil records area) 3150.54442 60,000.00
Sheriff's Office Jail - salary benefits (fringes) 3150.58800 19,018.00
Sheriff's Office Jail - salary benefits (transportation of board outs) 3150.51000406 48,763.11
      $297,781.11
Weights and Measures - server replacement 52206 900.00
Weights and Measures - office chair 52214 200.00
      $1,100.00
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 124 - ESTABLISHING 2006 FRINGE BENEFITS PAYMENT RATE

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman.  Mr. Penniman distributed information pertaining to the fringe rate schedule from previous years.  Ms. Robertson noted that although we did not increase benefits, their costs went up.  Mr. Booth said that although Mr. Squires reported at Committee that this rate will work for next year, it will probably not work for the next two years and feels the number should be set at a sustainable rate.

 A voice vote resulted as follows:  Ayes - 11; Noes - 3 (Legislators Booth, Kiefer, and Totman); Excused - 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

 WHEREAS, upon adoption of the 2005 budget the estimated Fringe Pool for the employer share of fringes, including New York State Retirement, Social Security, Workers Compensation, Voluntary Employee Benefit program (known as "VEBA"), Health Insurance, Supplemental Benefits and Unemployment Insurance was $11.3 million dollars, and
 WHEREAS, the 2005 estimated Fringe Pool represents thirty-nine (39.0) percent of estimated payroll, and
 WHEREAS, when this Legislature acted in June to establish budget guidelines, no specific fringe rate was included and a resolution is needed to establish this for the 2006 budget process, now therefore be it
 RESOLVED, on recommendation of the Budget and Capital Committee, That the Fringe Benefits payment rate for 2006 budget requests for all County departments based on actual payroll paid, shall remain at thirty-nine (39.0) percent.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 125 - AUTHORIZING A PUBLIC HEARING ON PROPOSED  LOCAL LAW NO.  f OF 2005 - A LOCAL LAW AMENDING THE  TOMPKINS COUNTY CHARTER AND CODE - ARTICLE 10 -  DEPARTMENT OF PLANNING AND ARTICLE 11 - DEPARTMENT
 OF PUBLIC WORKS

 MOVED by Mr. Penniman, seconded by Ms. Schuler.  Ms. Herrera said she will support the resolution to hold a public hearing, but will likely not support the proposal to change the Charter when it is considered at the next Legislative meeting.  Mr. Winch said he does not support the qualifications being proposed and will not support the process to make it happen.

 A voice vote resulted as follows:  Ayes - 10; Noes - 4 (Legislators Lane, McBean-Clairborne, Proto, and Winch); Excused - 1 (Legislator Blanchard).  RESOLUTION ADOPTED.

WHEREAS, the County Administrator has reviewed the needs of the Public Works Department, recognizes the value to the Department having a single head would bring, and recommends the restoration of the position of Public Works Commissioner in the County Charter, and
 WHEREAS, the County Administrator further recommends enabling filling of the positions of Public Works Commissioner and Planning Commissioner with a single individual by combining the two Commissioner positions into a single title of Planning and Public Works Commissioner, while still maintaining separate departments, and
 WHEREAS, proposed Charter amendments to accomplish these changes have been reviewed by the Facilities and Infrastructure, Planning, Development and Environmental Quality, and Government Operations Committees, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital  Committees, 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, July 19, 2005, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. f of 2005 - A Local Law Amending the Tompkins County Charter and Code - Article 10 - Department of Planning and Article 11 - Department of Public Works.  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.
SEQR ACTION:  TYPE II-20

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Report from the Planning, Development, and Environmental Quality Committee

 Ms. Herrera, Chair, said the Committee has not met since the last Legislature meeting.  The next meeting is July 6th and the Committee will be discussing beautification grants from the Strategic Tourism Planning Board, Convention and Visitors Bureau's annual report.  The Committee will also have reports from the Agricultural and Farmland Protection Board, Ithaca Tompkins County Transportation Council, and the Planning Department.

Report from the Government Operations Committee

 Mr. Lane, Chair, said the Committee has not met since the last Legislature meeting.  At the next meeting, the Committee will be discussing the new State legislation on Help American Vote Act and how it relates to Tompkins County.

 In response to a question from Legislator Proto, the Industrial Development Agency has not received the final audit State Controller Hevasi is doing.

Report from the Public Safety Committee

 Mrs. McBean-Clairborne, Chair, said the Committee has not met since the last Legislature meeting; the next meeting is July 7th at 2:00 p.m.  At that meeting, there will be an overview of the Communications Capital Project.

 Ms. Kiefer was excused at 6:40 p.m.

Report from the Workforce Diversity and Inclusion Committee

 Mrs. McBean-Clairborne, Chair, updated the Legislature on the activities and discussions of the Committee.  The Committee has been meeting for the last five months and several subgroups have been established to work on particular issues such as the development of a diversity recruitment resource guide, diversity statement, and a communications plan.  A management team has been meeting for the last three months and has developed a draft recruitment plan in the interim as charged by the Legislature.  As department heads need to review it, an extension beyond the 90 days was requested and granted.  At the next Committee meeting, there will be a presentation on the civil service system.

Individual Member-Filed Resolution

RESOLUTION NO. 126 - ADOPTION OF TOMPKINS COUNTY DIVERSITY STATEMENT

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

WHEREAS, the Workforce Diversity and Inclusion Committee is recommending the Tompkins County Legislature adopt a Diversity Statement for the County, and
WHEREAS, the Workforce Diversity and Inclusion Committee agreed to have a subcommittee, made up of County staff, Legislators, and community members, work together and draft a Diversity Statement for consideration, now therefore be it
RESOLVED, on recommendation of the Workforce Diversity and Inclusion Committee, That the following Diversity Statement for Tompkins County be adopted:
Tompkins County government is committed to creating a diverse and fully inclusive workplace that strengthens our organization and enhances our ability to adapt to change by developing and maintaining:
· an organization-wide understanding and acceptance of the purpose and reasons for diversity;
· recruitment and retention policies that assure a diverse workforce;
· a workplace environment that is welcoming and supportive of all;
· awareness, understanding, and education regarding diversity issues;
· zero tolerance for expressions of discrimination, bias, harassment, or negative stereotyping toward any person or group;
· a workforce ethic that embraces diversity and makes it the norm for all interactions, including delivery of services to the public.
RESOLVED, further, That the Diversity Statement becomes part of the County's new diversity initiative and is posted conspicuously in all offices of County government, on the County's web site, and on publications produced by the County for public distribution.
SEQR ACTION:  TYPE II-20

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

 Mr. Penniman, Chair, said the Committee met last week and most of its business is reflected on the agenda.

RESOLUTION NO. 127 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT  NO. 12 WITH C&S ENGINEERS, INC., FOR COMPLETION OF AN  ENVIRONMENTAL ASSESSSMENT (EA) FOR AN OBSTRUCTION CLEARANCE PROJECT AT THE ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Penniman, seconded by Mr. Winch.  Concerns were raised in regard to the cost of this project.  Mr. Marx reminded the Legislature that many of the projects at the Airport are regulated by the FAA (Federal Aviation Administration) and a decision is needed by July as the FAA commits their fiscal year funds at that time.   With many Legislators feeling the project cost was extremely high and not acceptable for the work being done, those members opposed to this also acknowledged that FAA funding would not be received if this resolution failed.

 A voice vote resulted as follows on the resolution:  Ayes - 13; Noes - 0; Excused - 2 (Legislators Blanchard and Kiefer).  RESOLUTION ADOPTED.

      WHEREAS, the Legislature approved an Obstruction Study that commenced in 2004 and was finalized in 2005, and
      WHEREAS, said Obstruction Study identified a number of obstructions that need to be removed or mitigated, and
      WHEREAS, some of the identified obstructions are in, or close to sensitive areas, and close attention must be paid to the potential impacts on the environment, and
      WHEREAS, the Federal Aviation Administration (FAA) will not fund an obstruction clearance project until an environmental assessment has been completed, and
WHEREAS, the required Independent Fee Estimate was conducted by McFarland Johnson and came in above $200,000, therefore, the C&S Engineers, Inc., fee of $175,000 is considered by the Federal Aviation Administration to be fair, and
WHEREAS, the information generated by this detailed environmental assessment can and will be used to help develop a long-range agreement on what permanent changes in vegetation can be made in the airport Runway Protection Zone to simplify future management activities, now therefore be it
      RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Agreement No. 12 with C&S Engineers for an Environmental Assessment of the Obstruction Clearance project in the amount of $175,000 be approved and financing of the contract is as follows:
     Federal Aviation Administration (FAA) (95.0%)                      $166,250
     New York State Department of Transportation (2.5%)         $    4,375
     Local (Airport Operational Budget) (2.5%)                         $    4,375
     Total                                                                                 $175,000
      RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required documents,
 RESOLVED, further, That C&S Engineers, Inc., will work with the Tompkins County Planning Department to make use of information and capabilities already on hand in Tompkins County to reduce the cost below this maximum of $175,000,
      RESOLVED, further, That the Finance Director be authorized to make payments for this project until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation.
SEQR ACTION: TYPE 1-6

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Approval of Minutes

 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the minutes of the June 21, 2005, meeting as submitted.

Recess

 Chair Joseph declared recess at 7:08 p.m.  The reconvened at 7:20 p.m.

Executive Session

 It was MOVED by Ms. Robertson, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to hold an executive session to discuss a personnel matter.  An executive session was held at 7:20 p.m. and returned to open session at 8:00 p.m.

Adjournment

 The meeting adjourned at 8:00 p.m.

Respectfully submitted by Cathy Covert, Clerk of the Legislature

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