Staff:     P. Messmer, J. Lampman, Highway Division; A. LeMaro, Facilities; C. Nelson, Public Works Administration; E. Marx, Administration; J. Wood, County Attorney

Guests: C. Kalwara, Johnson Controls

Called to Order

 Mr. Booth called the meeting to order at 2:00 p.m.

1)Additions to/Deletions from Agenda

Mr. Wood, County Attorney, requested to add the following resolution:
· Terminating Rights of R. G. Burns Electric Under the Contract with Tompkins County for Electrical Services at the Emergency Response Center

Ms. Kiefer wished to add discussions on the following topics:
· Hillview Road Landfill Citizens Advisory Committee
· New York State Department of Transportation Reorganization

There were no deletions from the agenda.

2)  Chair's Report

 Mr. Booth asked that members review the Committee Goals and make any suggestions for 2004 Goals to either Ms. Nelson or himself. He noted a final report for the 2003 Goals will be completed and forwarded to members for review.

3)  Persons Wishing to Address the Committee

 No persons wished to address the Committee.

4)  Minutes of January 14, 2004

 It was MOVED by Ms. Kiefer, seconded by Mr. Booth, and unanimously approved to accept the minutes of January 27, 2004, as amended.

5)  Performance Contracting- Johnson Controls (Presentation)

 Mr. Chris Kalwara, Account Executive for Johnson Controls, provided a Powerpoint presentation to the Committee on the feasibility of performance contracting as a means to reducing energy costs to the County.  He outlined the objective of providing necessary infrastructure improvements to County facilities in a manner that would not require a capital project.  Mr. Kalwara explained the project would be dealt with as an Energy Performance Contract (EPC), which is a procurement vehicle that allows infrastructure improvements that are guaranteed by the contractor to be funded by the savings realized through the implementation over the term of the contract.  In the event a cost-savings is not realized, Johnson Control would reimburse the County the difference between what was determined to be the  projected costs vs. actual cost.

The starting point for this project would be to execute a Memorandum of Understanding.  Following signature of that Memorandum of Understanding Johnson Controls would develop a preliminary assessment that would document the County's objectives, develop a list of facility improvement measures consistent with the County's objectives, identify all sources of potential funding assistance such as NYSERDA, investigate the application of renewable energy sources, and prepare a preliminary cash-flow analysis.  This preliminary assessment would be completed within four weeks without cost to the County.

Mr. LeMaro stated that in the past the County's relationship with Johnson Controls has been worthwhile, noting the County has contracted previously with Johnson for approximately $500,000 of parts and equipment and has expended $50,000 for continued training of employees in order to best utilize heating-control systems.  He also said the Johnson Control troubleshooter has consistently provided information and training at no cost to the County for several years.  He stated the working relationship with this firm coupled with the savings guarantee warrant proceeding with the Memorandum of Understanding as outlined.  Members of the Committee and Administration discussed the potential EPC in more detail, inquiring about particular methods of cost analysis, determination of savings, and reviews of the work completed by Johnson Control engineers.

Committee members spoke of the County policy regarding reduction of greenhouse gas and were informed that there was the potential for the energy savings work to include information regarding these reductions.  Following the discussion consensus was reached that it would be worthwhile to proceed with the Memorandum of Understanding as outlined in the presentation.

6)  RESOLUTION NO.      - TERMINATING RIGHTS OF BURNS ELECTRIC UNDER THE CONTRACT WITH TOMPKINS COUNTY FOR ELECTRICAL SERVICES AT THE EMERGENCY RESPONSE CENTER

 MOVED by Mr. Winch, seconded by Ms. Schuler.  Mr. Wood explained this resolution is being brought forward at the request of the bonding company for R.G. Burns Electric, Inc..  This is a result of financial difficulties experienced by Burns that resulted in their inability to complete work at the Emergency Response Center.  Mr. LeMaro and Mr. Wood have worked closely regarding this situation, and they informed the Committee that the second lowest bidder on the project will now step in to complete the work.

Members inquired whether any obligation would be placed upon the County for unpaid debts of R.G. Burns Electric, Inc., who would guarantee the work done to date, and whether this situation would delay the completion of the project.  Mr. Wood informed them that company's unpaid debts and completionof the outstanding electrical work will be the responsibility of the surety company.

Mr. LeMaro indicated that the replacement contractor would be on site within the next several days and that it is not anticipated to cause any delay in the project.  Mr. LeMaro said R. G. Burns work has been outstanding and he is sorry they cannot continue.

A voice vote resulted in a unanimous decision to submit the following resolution to the full Legislature for approval.

 WHEREAS, the County has been advised by R.G. Burns Electric, Inc., that it is financially unable to complete the work under its contract with the County, and
 WHEREAS, Brown and Kelly, of Stanley, New York are the attorneys for Selective Insurance Company of America, the surety for R.G. Burns Electric, Inc., has requested that the County pass a resolution terminating the rights of Burns Electric under the contract, now, therefore, be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That all rights of R.G. Burns Electric, Inc., under the contract dated February 18, 2003, are hereby terminated,
 RESOLVED, further, That Tompkins County reserves all its rights under the contract.
SEQR ACTION:  TYPE II-20

7)  Beach Road Bridge - Update

 Mr. Wood informed the Committee that he had contacted the Town of Newfield attorney regarding the proposed resolution to be brought forward to the Legislature.  The Town of Newfield attorney indicated that he approved the resolution; however, he reserved final approval pending notification of town legislature.

8)  Cost Control Associates - Final Report on Energy Bill Review

 Members of the Committee received the final report in the form of a letter from Cost Control Associates, Inc.  The letter stated a complete review of energy bills indicated that no errors or savings were identified and that the County has been appropriately billed for their energy usage.

9) RESOLUTION NO.     - AUDIT OF FINAL PAYMENT TO SUIT-KOTE CORPORATION – (OLD TERMINAL) APRON  REHABILITATION - ITHACA TOMPKINS REGIONAL AIRPORT

It was MOVED by Mr. Winch, seconded by Mr. Lane, and unanimously approved to submit the following resolution to the full Legislature for its approval:

       WHEREAS, Suit-Kote Corporation has completed the (Old Terminal) Apron Rehabilitation contract at the Ithaca Tompkins Regional Airport to the satisfaction of the County and all Prime and Sub-Contractors’ Labor Law Certification forms, executed Lien Affidavit and Consent of Surety to Final Payment have been received, 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 Tompkins County Legislature:
     Vendor                           Payment Requested              Account No.                  Amount__
Suit-Kote Corp.                        5 (and Final)                 HT. 5601.59239         $117,935.94
      RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239.
SEQR ACTION: TYPE II-20

Note :  This was a federal Airport Improvement Project (AIP) funded by Federal Aviation Authority (90%), New York State Department of Transportation (5%), and Airport Operational Budget (5%). The total of Suit-Kote’s contract was $604,570.11.

10) December Snow and Ice Report

Mr. Messmer reviewed the County's December expenses for snow and ice removal.  These costs were very high.  He also indicated that the extremely severe weather experienced in January will probably create funding shortfalls in the 2004 budget.  He noted that there is the possibility of receiving some and additional State funding for services that may assist in offsetting some of these expenses.

Mr. Lane said that several years ago he had been in favor of a snow reserve fund, setting aside surplus funding during years the weather is not as bad for those years that may be harsh.  He noted that the Commissioner Mobbs believed it as best  over time to expend all monies annually rather than have a fund.  Mr. Marx indicated the administration is in support of this type of reserve fund.

11) Highway Projects Status Report
 
Members reviewed the Highway Projects Status Report and noted the following:

· Beach Road Bridge - there are several items from the punch list to be completed pending completion of the Town's portion.
· North Triphammer Road - work is progressing on the lights at the Asbury Road intersection.
· Red Mill Bridge - it is anticipated that discussions with the SHPO will take place shortly because the environmental study is completed.  Ms. Kiefer requested the report be made available to the Legislature.
· CR 119 - Coddington Road Reconstruction - Ms. Schuler indicated citizen concerns regarding the need to prevent speeding in the area following the improvements.
· Uninitiated FHWA-Funded Projects - Due to a reorganization, the County will have the opportunity to select consultants from a regional consultant list.  This list should be completed by early March and be in effect in April.

12)  County Road Network/Functional Classification Update

Mr. Messmer provided an update.  The report is anticipated to be complete by the end of February 2004.

13)  State and Federal Reimbursement of Projects

Mr. Messmer reported that Mr. Lampman has done extensive work related to obtaining the State and Federal reimbursements on projects.  At this time 74% of the Federal Aid projects reimbursements have been received, 16% have been requested but not received, and 10% are to be requested.  The Highway Division is presently preparing a system to streamline reimbursement requests to allow for a steady flow of reimbursement funding.

14) Hillview Road Landfill - Update

Ms. Kiefer reported the Hillview Road Landfill Citizens Advisory Committee met January 26, 2004, and discussed the draft report on Geohydrology of the area northeast of the Hillview Road Landfill, Tompkins County, New York submitted by Daniel E. Karig, Department of Environmental Sciences, Cornell University.  The well monitoring has continued to take place at this time, and it is anticipated that it should continue in the future as well.  She also indicated a desire that the Committee amend the resolution passed previously by the Legislature regarding the make-up of the Committee, reducing the number of members from seven to five.  She asked that this be put in the Facilities and Infrastructure agenda for a future meeting.

15)  New York State Department of Transportation Reorganization

 Ms. Kiefer reported having heard at the Transportation Safety Board meeting this week of a significant reorganization that will take place within New York State Department of Transportation.  There are to be two divisions, possibly joining the Department of Transportation, the New York Thruway Authority, and New York Bridge Authorities.

16)  2004 Meeting Schedule

 Mr. Booth indicated that a request was made to change the Committee's meeting schedule from two meetings a month to one three-hour meeting instead.  Ms. Nelson surveyed department heads to determine if a modified schedule would work well with them.  She reported that due to the schedules pursuant to which some resolutions need to be brought forward to the Committee it was not thought to be beneficial.  Committee members discussed the proposal as well and noted that the majority would prefer two meetings per month (rather than one lengthy one and the possibility of brief meetings prior to Legislative meetings).  At this time the Committee will continue to meet at the scheduled times of the second and fourth Tuesday of the month at 2:00 p.m.

15)  Adjournment

 The regular meeting adjourned at 3:50 p.m.

Respectfully submitted by Karen Fuller, Deputy Clerk, Tompkins County Legislature