Tompkins County Legislature
Regular Meeting
December 19, 2006 - 5:30 p.m.
Legislature Chambers


Call 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.  Legislators Booth and Kiefer arrived at 5:33 p.m.  Excused – 1 (Legislator Robertson).

 

Presentation by Michelle Berry, Poet Laureate

 

            Ms. Berry, Tompkins County Poet Laureate (2005-2006), concluded her tenure by reciting poetry and singing a ballad.  The text of the poetry readings and ballad is as follows:

 

[upon receipt, the text will be included in minutes]

 

Privilege of the Floor by the Public

 

            No member of the public wished to speak.

 

Presentation of the Distinguished Youth Award

 

            Mr. Hattery, District No. 14 Legislator, presented the December, 2006, Distinguished Youth Award to Carrie Lampman of Freeville. Recommended by Cooperative Extension Youth Educator Brenda Carpenter, Ms. Lampman was honored for work “beyond all expectations” to mentor a hearing- impaired student in the 4-H “Kritter Kamp” program last June, mobilizing local resources and learning sign language so that she could fully involve the young girl in the educational program. The award credits Carrie’s “generosity, self-motivation, acceptance of differences and responsible citizenship.”

 

Privilege of the Floor by Legislators

 

            Mr. Koplinka-Loehr, District No. 12 Legislator, reported last Thursday there was a presentation of the Ithaca City School District’s Facilities potential $1 million bonding and said he has copies of the presentation packet for anyone who is interested

 

            Ms. Herrera, District No. 5 Legislator, urged everyone to give blood on December 26th at the Pyramid Mall from 1:30 p.m. to 6:30 p.m.

 

            Mrs. McBean-Clairborne, congratulated Carrie Lampman, recipient of the Distinguished Youth Award.  She also thanked Ms. Berry for doing a stellar job and continuing to raise consciousness in the poetry that she does.  She said Ms. Berry’s poetry has a lot of depth and trusts that people listen and hear what is being translated in her words.

 

            Mr. Shinagawa, District No. 4 Legislator, reported the Airport was recently reviewed by the Federal Aviation Administration (FAA) over the course of a few days and concluded its review by giving the Airport a commendation.  He said the FAA usually finds a couple of things wrong during these types of reviews; however, they found nothing wrong at the Ithaca-Tompkins Regional Airport.  Mr. Shinagawa credited Airport staff with doing a fine job and the Air Service Board for providing valuable advice.

 

Presentation on the Logo from the Workforce Diversity and Inclusion Committee Marketing Team

 

Kit Kephart, Staff Development Coordinator for the Department of Social Services, provided the Legislature with the following presentation on the Workforce Diversity and Inclusion Committee Marketing Sub-Committee’ work over the last few months. That work included developing a Logo.  The presentation is as follows, with the Logo being highly recommended by the Marketing Subcommittee.

 

WDIC Diversity Statement Marketing Subcommittee Members:

 

Constance Thompson, Larry Roberts, Schelley Michell-Nunn, Betsy Doling, Kit Kephart

Charged with:

Developing plans to ensure that the Diversity Statement becomes part of the fabric of Tompkins County

To that end – developing a Marketing Strategy

 

A picture’s worth 1000 words…

We began with a review of six images/logos

Reviewed for message clarity, easy recognition, adaptability (color vs. grayscale), portability (logo, banner etc.) and theme

After many revisions

Arrived at the use of one design….

 

Symbolically speaking…

Stylistic elements of water = waterfalls

County logo – diamond shape = N, S, E, W

Attractive, eye-catching design without saying too much

Very adaptable: business logo, letterhead

Watermark/presentation of diversity statement

use by chamber of commerce for travel/tourism

T-shirts at Ithaca Festival

 

Some other uses of the image:

Logo use: letterhead – at top, middle of bottom

Watermark for documents/posters

Postcards for distribution to employees

Banner – 3x10ft.

Promotional items: image can be transferred to cups, pens, pins, etc.

 

Tompkins County

Diversity Statement

(Image would be a background watermark)

 

 

Tompkins County government is Committed to creating a diverse and fully inclusive work place

that strengthens our organization and enhances our ability to adapt to change by developing and maintaining:

 

ง an organization-wide understanding and acceptance of the purpose and reasons for diversity;

ง recruitment and retention policies that assure a diverse workforce;

ง a workplace environment that is welcoming and supportive of all;

ง awareness, understanding, and education regarding diversity issues;

ง zero tolerance for expressions of discrimination, bias, harassment, or negative stereotyping  toward any person or group;

ง a workforce ethic that embraces diversity and makes it the norm for all interactions, including delivery of services to the public.

 

 

 

 

 

            Mrs. McBean-Clairborne thanked the Marketing Subcommittee for its hard work.  She also said a lot of the work that went into the Logo was not paid for by the County because the donated services by a community member who does a lot of design work. 

 

Mrs. McBean-Clairborne said the Marketing Subcommittee represents a wide cross-section of the community and has brought a lot of good thought to what a Logo should look like and how that would represent well in a diverse community.

 

Presentation of Resolution(s) by the Personnel Committee

 

RESOLUTION NO. 222 – APPROVAL OF TOMPKINS COUNTY WORKFORCE DIVERSITY  AND INCLUSION LOGO

 

            MOVED by Mr. Dennis, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present.

 

            WHEREAS, the Tompkins County Legislature has made a commitment to improving its culture of diversity and inclusion throughout county government, and

WHEREAS, in January 2005 the Legislature formed an ad hoc advisory committee called “Workforce Diversity and Inclusion Committee” and charged this Committee with assisting the Legislature to moving forward an agenda of diversity and inclusion, and

WHEREAS, on July 18, 2006, the Tompkins County Legislature adopted a diversity statement through Resolution No. 126, and

WHEREAS, the Workforce Diversity and Inclusion Committee has recommend to the Legislature the adoption of the logo as presented, to be used in highlighting the diversity statement, and

WHEREAS, this logo will also be used to represent Tompkins County’s diversity and inclusion efforts, now therefore be it

RESOLVED, on recommendation of the Workforce Diversity and Inclusion and the Personnel Committees, That the Tompkins County Legislature hereby approves the Workforce Diversity and Inclusion Logo for use on County documents, website, and other appropriate materials,

RESOLVED, further, That this logo will accompany the diversity statement, visibly mounted or housed in every department of the County or agency that receives funding from Tompkins County.

SEQR ACTON:  TYPE II-20

___________________

 

Report from the Chair

 

Mr. Joseph reminded the Legislature that the bus pass pilot project that is part of the County’s environmental strategies has been extended.  This project offers bus passes to employees for use on County business or to commute to and from work and is available to all Legislators.   Applications are available in the Legislature Office. 

 

Report from the County Administrator

 

            Mr. Whicher had no report.  On behalf of County Administration, he thanked everyone for their hard work this year and congratulated the new Legislators for making it through their first budget process. 

 

Report from the Finance Director

 

            Mr. Wood had no report.

 

Report from the Finance Director

 

            Mr. Squires said a resolution is to be approved under the Consent Agenda that gives the Finance Director the authority to borrow $8 million.  He said he intends to use that authorization in early January for cash-flow purposes.

 

Addition of Resolution(s) to the Agenda

 

            It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to add the resolution to the agenda entitled Urging Rejection of the Berger Commission Report – Closure of Lakeside Nursing and Rehabilitation Home.

 

It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to add the resolution to the agenda entitled Creation of, Abolition of, and Changes in Positions – Various Departments. 

 

Withdrawal of Resolution(s) from the Agenda

 

Chair Joseph gave the appropriate committee chair permission to withdraw the following resolutions(s) from the agenda:

 

Award of Tourism Capital Grant from Room Occupancy Tax Fund

 

Later in the meeting, the following resolution(s) were withdrawn with permission given by the Chair:

 

            Acquisition of a Section of Krums Corners Road and Iradell Extension from Town of Ulysses

Abandonment of Aagard Road and Falls Road to Town of Ulysses

Acquisition of a Section of Game Farm Road and Burns Road from Town of Ithaca

Abandonment of Bundy Road to Town of Ithaca

 

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

 

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

 

RESOLUTION NO. 223 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS

 

            MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 

WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it

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

 

Office for the Aging

Revenue Acct             Title                      Amt              Approp Acct                 Title(s)            ญญ___

6774.43803       State Revenue               $9,126              6774.54491                   Subcontract

Explanation:  Revenue increase in the SNAP program for Foodnet.

 

Sheriff

Revenue Acct             Title                      Amt              Approp Acct                Title(s)             ญญ___

3113.42770   Miscellaneous Revenues     $14,625                        3113.52231                   Vehicles

Explanation:  Revenue deposited November 13, 2006, transfer auction proceeds to vehicle line for replacement expenditure.

SEQR ACTION: TYPE II-20

ญญญญญญญญญญญญญญญ____________________

 

RESOLUTION NO. 224  - AUTHORIZATION TO CONTRACT WITH BERKSHIRE FARM CENTER AND SERVICES FOR YOUTH

 

            MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 

WHEREAS, the Tompkins County Youth Services Department is responsible for providing services for Runaway and Homeless Youth in compliance with New York State laws and Office of Children and Family Services regulations, and

WHEREAS, County Youth Services has contracted with Hillside Children’s Center for the Bridges for Youth and Families program to provide state-required crisis services and short-term housing for youth who have run away from home and those at risk of running away as well as family reconciliation counseling that diverts youth from Probation and foster care, and

WHEREAS, Hillside Children’s Center is closing its Ithaca branch office December 31, 2006, and has notified County Youth Services of its intention not to renew its contract with the County for calendar year 2007, and

WHEREAS, the County Youth Services Board and Department wish to assure that uninterrupted services continue to be available from a state-certified agency starting January 1, 2007, and

WHEREAS, Berkshire Farm Center and Services for Youth, The Galleria, 2-8 Hawley Street, Binghamton, NY, 13901, is currently operating a similar program for Broome and Tioga counties and has the state certifications necessary to provide the services Tompkins County requires, and

WHEREAS, on recommendation of the Office of Children and Family Services, the County Youth Services Department has asked Berkshire Farm Center and Services for Youth to submit a proposal to provide administrative support to the Bridges program starting January 1, 2007, and

WHEREAS, the County Youth Services Board has recommended that the funds budgeted for this purpose in Account 7022.54400 be allocated to the Berkshire Farm Center and Services for Youth agency in 2007 for the purpose of providing a state-certified runaway program, and

WHEREAS, Berkshire Farm Center and Services for Youth will need an approved contract prior to January 1, 2007 to provide matching funds and administrative support to assure continuous local access to crisis services, now therefore be it

RESOLVED, on recommendation of Health and Human Services Committee, That the County Youth Services Department Director be, and hereby is, authorized to execute a contract with Berkshire Farm Center and Services for Youth for the operation of a state-approved runaway program for the period of January 1, 2007 through December 31, 2007, contingent on satisfactory negotiation of terms and conditions that do not exceed the appropriation budgeted for this purpose in 2007.

SEQR ACTION:  TYPE II-20

_____________________

 

RESOLUTION NO. 225   -  AUDIT OF FINAL PAYMENT (MECHANICAL CONTRACTOR) TOMPKINS COUNTY EMERGENCY RESPONSE CENTER – AIRTECH HEATING & AIR CONDITIONING SYSTEMS, INC.  

           

            MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 

WHEREAS, Airtech Heating & Air Conditioning Systems, Inc., Mechanical Contractor, has completed their contract to our satisfaction for the Tompkins County Emergency Response Center, now therefore be it

            RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Legislature:

 

           Vendor                                       Payment Request           Account No.              Amount

Airtech Heating                                10 (Final)                   HI59239.34.20          $10,000.00

& Air Conditioning Systems, Inc.    

 

RESOLVED,  further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HI59239.34.20.

SEQR ACTION:  TYPE II – 20

_____________________

 

RESOLUTION NO. 226 - AUTHORIZING ACCEPTANCE OF A NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) "AIR 99" GRANT TO REPLACE TERMINAL FIRE ALARM SYSTEM - ITHACA TOMPKINS REGIONAL AIRPORT (PIN 3902.10)

 

            MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 

            WHEREAS, Tompkins County has received a grant offer from the New York State Department of Transportation (NYSDOT) under the "AIR 99" program, in the amount of $80,000, to assist with the replacement of the Terminal Fire Alarm System, and

            WHEREAS, the budget for this project is as follows: 

    

     NYSDOT Share( 80.0%)     $  80,000

     Local Share       ( 20.0%)     $  20,000

     Total                                     $100,000

 

, and

            WHEREAS, the local share is included in the airport's 2007 operational budget, now therefore be it                   

            RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the NYSDOT of $80,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents.

SEQR ACTION: TYPE II-1

____________________

 

RESOLUTION NO. 227  - ADOPTION OF BYLAWS – WORKFORCE DIVERSITY AND INCLUSION COMMITTEE

 

            MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 

            WHEREAS, on March 1, 2005, the Chair of the Legislature established the Workforce Diversity and Inclusion Committee, and

            WHEREAS, it is considered desirable that a more permanent group be established to continue with the work undertaken by the Workforce Diversity and Inclusion Committee, and

WHEREAS, the Workforce Diversity and Inclusion Committee drafted and adopted Bylaws, now therefore be it

            RESOLVED, on recommendation of the Personnel Committee, That the Workforce Diversity and Inclusion Committee is hereby established as an advisory committee to the Tompkins County Legislature, and that the Bylaws be adopted and filed with the Clerk of the Legislature.

SEQR ACTION:  TYPE II-20

___________________

 

RESOLUTION NO. 228 - AUTHORIZING NEW YORK STATE DEPARTMENT OF TRANSPORTATION MASTER MASS TRANSPORTATION CAPITAL PROJECT – TOMPKINS CONSOLIDATED AREA TRANSIT

 

MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 

WHEREAS, the New York State Department of Transportation has awarded a contract (Comptroller Contract No. TCA2MS) to authorize payments to Tompkins County for the State Mass Transportation Capital Program aid, and

WHEREAS, the State Mass Transportation Capital Program includes two programs – the State Dedicated Fund Program (SDF), which provides up to one-hundred percent (100%) of project funding, and the Federal Transit Program Aid which provides ten percent (10%) of funding for projects eligible for Federal Transit Administration (FTA) funding, and

WHEREAS, the New York State Department of Transportation awarded $112,400 to Tompkins County as a combined payment to reimburse the State’s share of two 2005 grants (SDF9-2004/05 and FTA NY-90-X539) to Tompkins Consolidated Area Transit, now therefore be it

RESOLVED, on recommendation of the Planning, Development and Environmental Quality  Committee, That the Tompkins County Legislature authorizes Master Mass Transportation Capital  Project TCA2MS, for $112,400, be executed by the County, on behalf of Tompkins Consolidated Area Transit,  

RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Agreement.

SEQR ACTION: TYPE II-20

____________________

 

RESOLUTION NO. 229 - AUTHORIZE APPLICATION AND AGREEMENT FOR FEDERAL SECTION 5311 AND NEW YORK STATE TRANSPORTATION FUNDING FOR A CAPITAL PROJECT TO PURCHASE BUSES, ANCILLARY EQUIPMENT AND MOBILITY MANAGEMENT FOR RURAL TRANSPORTATION SERVICES

 

            MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 

WHEREAS, the New York State Department of Transportation has requested capital project proposals eligible to use Federal rural transit funding be submitted by counties, cities, and Indian reservations for 2007 and 2008, and

WHEREAS, Tompkins County is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49, United States Code, for a capital project to purchase: two 40-ft. heavy duty, low-floor transit buses, associated capital maintenance items (replacement engines and clean diesel conversion for rural buses), preventative maintenance, mobility management, (5) five 14-passenger buses, (4) four bus shelters, ten (10) bus stop signs and passenger information signs on behalf of Tompkins Consolidated Area Transit, Inc. (TCAT),Tioga Transport, Inc., and the County, and

WHEREAS, TCAT rural routes serve the Towns of Lansing, Danby, Ithaca, Groton, Lansing, Newfield, Enfield, Dryden, and Caroline and the City of Ithaca in Tompkins County and the Towns of Richford, Berkshire, and Newark Valley in Tioga County, and

WHEREAS, the Project funding sources are as follows:

FTA Sec 5311

 $1,037,600

NYSDOT

 $   129,700

TCAT

 $     89,200

Tioga Transport

 $       3,000

County

 $     37,500

Total

 $1,297,000

                       

 

 

 

 

 

, and

WHEREAS, Tompkins County and the State of New York are entering into an Agreement that authorizes the undertaking of the Project and payment of Federal and State shares of the project, and commits the local shares of the project, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes said application and agreement for this project and that the Contracts Coordinator/Risk Manager is authorized to sign the application, and

1.      Any and all Agreements between Tompkins County and the State of New York for the above named Project;

2.      Any and all Agreements between Tompkins County and any third party subcontractors necessary to complete the project, if applicable;

3.      Any Municipality/Vendor Contracts for the purchase and/or installation of vehicles and equipment.

SEQR ACTION: TYPE II-20

_____________________

 

RESOLUTION NO. 230 - TOWN AND CITY BUDGETS AND PRINTING OF TAX RATES

 

            MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 

            WHEREAS, annually Tompkins County must keep a record of the adopted City and Town budgets and must in accordance with the laws of New York State, levy and collect property taxes per those adopted budgets, now therefore be it

            RESOLVED, on recommendation of the Budget and Capital Committee, That, in accordance with the laws of the State of New York and with budgets adopted by the several town boards of the County of Tompkins now on file with the Clerk of the Legislature, there be levied upon and collected from the taxable property of the several towns of the County and the City of Ithaca the sums contained in those budgets,

            RESOLVED, further, That said summaries of the budgets of the several towns of the County and the City of Ithaca be printed in the 2006 Proceedings of the Tompkins County Legislature,

            RESOLVED, further, That after the tax rates are ascertained for the various towns and the City of Ithaca, the Clerk shall print such rates in the 2006 Proceedings of the Legislature following budgets of the several towns and City.

SEQR ACTION:  TYPE II-20

_____________________

 

RESOLUTION NO. 231 - AUTHORIZING PAYMENTS FOR COMMUNITY COLLEGE    OPERATING BUDGET

 

            MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda.

 

            WHEREAS, this Legislature has heretofore and by resolution approved the 2006-2007 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 hereby is authorized and directed, pursuant to the provisions of the Edu