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.
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.
Tompkins
County
(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.
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.
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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.
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:
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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