Staff: J. Lampman, Highway Division; C. Nelson, Public Works Administration; E. Marx, Administration; G. Potter, Information Technology Services; K. Thompson, Solid Waste
Called to Order
Mr. Booth called the meeting to order at 2:00 p.m.
1)Additions/Deletions to Agenda
Ms. Kiefer requested that the subject of "mandates" pertaining to this Committee's jurisdiction be addressed by the committee. Mr. Booth will put it on the next agenda.
Mr. Winch requested that the condition of Sebring Road in Newfield be addressed briefly because he has received several e-mails and telephone calls from newspapers. Although Mr. Messmer will not be present, he has forwarded information via Ms. Nelson.
Ms. Nelson stated that the Highway Division Summer Plan and the February Snow and Ice report will be provided to Committee Members during the Highway Division portion of the meeting.
There were no deletions from the agenda.
2) Chair's Report
a) Mr. Booth reported that Ms. Nelson has a tentative date of March 30, 2004 for a joint meeting of the Facilities and Infrastructure, Budget and Capital, and Planning, Development and Environmental Quality Committees to discuss the airport.
b) Mr. Booth also reported that at an earlier meeting on Tuesday, March 9, the Budget and Capital Committee discussed "mandated costs" and "local costs" pertaining to Public Works and Information Technology Services. He noted that during that discussion a suggestion was made that a portion of the County's costs for maintenance and operation of County buildings (including but not limited to utility and insurance costs) should be designated as "mandated expenses" when those buildings (or portions of buildings) are used to provide "mandated services". Mr. Winch noted if this is done, the County's "mandated expenses" should include a portion of the costs relative to maintaining common areas such as lavatories and hallways. Mr. Booth also noted that the Department of Social Services receives revenue from the federal and/or state government pertaining to the County's building operation and maintenance costs at the DSS building and that such revenue is not credited to the Facilities Division. Mr. Booth noted further that the Budget and Capital Committee discussed whether some portion or all of the County's highway and bridge expenses should be designated as "mandated expenses" but that the Committee seemed inclined not to do so at this time. Several comments were made by Mr. Potter and others respecting the portion of Information Technology Services work that is done as a result of federal/state "mandates" on the County. The subject of "mandates" and "mandated expenses" will be placed on a future agenda for this committee.
3) Persons Wishing to Address the Committee
No persons wished to address the Committee.
4) Minutes of February 24, 2004
It was MOVED by Mr. Winch, seconded by Ms. Kiefer, and unanimously voted to accept the minutes of February 24, 2004, as amended.
5) 2003 Goals
Acceptance of the 2003 Goals Report was MOVED by Ms. Schuler, seconded by Mr. Winch. The Committee discussed and clarified particular areas of the Goals Report, which will be submitted to the full Legislature. A voice vote resulted in in members present unanimously approving acceptance of the 2003 Goals Report as amended.
6) 2004 Goals
Members of the Committee reviewed the draft statement of 2004 Committee goals, making several suggestions for clarification of the goals listed. Mr. Potter, Director of Information Technology Services indicated his desire to modify THE goals for his department so it would be more encompassing than the original goal listed. A revised document will be made available to Committee members at the next meeting.
7) RESOLUTION - URGING THE INCREASE IN CRITICAL MARCHISELLI HIGHWAY AND BRIDGE FUNDING
It was MOVED by Ms. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote of members present, to submit the following resolution to the full Legislature for approval.
WHEREAS, the Marchiselli Funding Program is the State component of a
successful Federal, State, Local partnership delivering transportation
improvements on the local highway system, and
WHEREAS, the Federal Transportation Program has grown over the past
five (5) years and the number of Federal Aid projects sponsored by local
governments has increased over the past five (5) years, and
WHEREAS, the Governor's Executive Budget submission to the State Legislature
holds Marchiselli funding static at $40 million, and
WHEREAS, Marchiselli Funding has not increased in the past five (5)
years, and
WHEREAS, the Marchiselli program has not kept pace with the Federal
Transportation Program, resulting in delays of state matching funds or
eligible portions of projects not receiving state matching funds, and
WHEREAS, the New York State Association of Counties is strongly urging
the State Legislature to increase this critical funding to a level consistent
with the level of locally sponsored projects listed on the current Statewide
Transportation Improvement Program (STIP), and
WHEREAS, the New York State Association of Counties is strongly urging
the Governor and the State Legislature to increase Marchiselli program
funding during the 2004 legislative session, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the Tompkins County Legislature endorses and requests State approval
of the Marchiselli funding during the 2004 legislative session, and urges
the Governor and our elected representatives in the State Senate and Assembly
to support this legislation,
RESOLVED, further, That copies of this resolution be sent to Governor
George Pataki, Senator James L. Seward, Senator John R. Kuhl, Senator Michael
Nozzolio, and Assemblywoman Barbara Lifton.
SEQR ACTION: TYPE II-20
Explanatory Note: Since Tompkins County has made a dedicated effort to maximize funds for transportation improvement projects, the annually Marchiselli funding is critical. Without these funds, the County would be responsible to cover additional project costs currently covered by the Marchiselli funds.
8) RESOLUTION NO. - URGING RESTORATION OF FULL FUNDING TO THE CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS)
It was MOVED by Mr. Winch, seconded by Ms. Schuler, and unanimously adopted by voice vote of members present, to submit the following resolution to the full Legislature for approval.
WHEREAS, local governments are responsible for eighty-five percent (85%)
of the State's 100,000 miles of roadways, and are also responsible for
fifty percent (50%) of the State's 18,000 bridges, and
WHEREAS, in the adopted State budget for 2001/2002 the State eliminated
$35,000,000 in county/New York City (NYC) CHIPs funding, and
WHEREAS, the 2003/2004 adopted State budget restored the $35,000,000
in county/NYC CHIPs funding, and
WHEREAS, because of the restored funds, county highway departments
were able to repair important components of the local transportation system,
and purchase necessary highway equipment and materials, and
WHEREAS, the proposed 2004/2005 Executive Budget Proposal again eliminates
the $35,000,000 for county/NYC CHIPs funding, and
WHEREAS, CHIPs is a unique form of a block grant in transportation
financing providing critical transportation funding to over 1,600 units
of local government in New York State, and
WHEREAS, the New York State Association of Counties is on record urging
the State legislature to restore these important economic development and
safety funds, and
WHEREAS, the New York State Association of Counties is urging the State
to index these funds as part of the State's multi-year capital plan so
that local governments can budget and properly plan to address the deficiencies
in the local transportation system, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the Tompkins County Legislature endorses and requests State approval
of CHIPs funding for 2004/2005, and urges the Governor and our elected
representatives in the State Senate and Assembly to support this legislation,
RESOLVED, further, That copies of this resolution be sent to Governor
George Pataki, Senator James L. Seward, Senator John R. Kuhl, Senator Michael
Nozzolio, and Assemblywoman Barbara Lifton.
SEQR ACTION: TYPE II - 20
Explanatory Note: Each year, the CHIPs funding becomes a pawn in the State's budget process. The CHIPs funds are needed in the Tompkins County Highway and other highway departments across the state as part of the annual maintenance and construction operations. The New York State County Highway Superintendents Association has encouraged its members to seek this endorsement from the respective county legislative bodies and have the message sent forth to the Governor and the county's various elected State Senate and Assembly members. The Tompkins County portion of CHIPs tied to this is $276,000.
9) Beach Road Bridge
Mr. Wood reported that he has had a response from the Town of Newfield attorney indicating that the Town will accept ownership of the Beach Road Bridge provided that the County completes its work items as agreed in the Memorandum of Understanding (which is delayed while awaiting completion of work by the Town), and that the County recognizes that the Town of Newfield does not agree to reimburse the County for work above the $7,500 overage figure stated in the Memorandum of Understanding. The Committee was disappointed that the Town Board did not agree to the in-kind reimbursement for additional work done by the County as offered by the Town's Highway Superintendent.
Mr. Lane arrived at this time (2:45 p.m.).
The discussion continued regarding the decision of the Town to limit reimbursement to the County, and Ms. Kiefer felt the full Legislature should be made aware of the matter.
A voice vote of the Committee to authorize Mr. Wood to draft a letter of acceptance to the Town of Newfield resulted as follows: Ayes - 4; Noes - 1 (Legislator Kiefer). Mr. Booth will inform the Legislature of the status of the project.
10) Snow and Ice Report
Mr. Lampman provided members with a copy of the February Snow and Ice Report, noting that February 2004's report showed expenses lower than January 2004 and February 2003.
11) Summer Work Plan
A draft document was presented to the Committee for review. This topic will be discussed more completely at the March 23, 2004 meeting.
12) Sebring Road
Mr. Winch spoke of the e-mail correspondence he has received regarding a section of this road in the Town of Newfield. The individual contacting Mr. Winch is very upset and feels that in light of other projects underway in the County the road repair should be done. Mr. Winch stated the newspapers have contacted him regarding this subject as well. The Committee briefly discussed the matter, noting the present backlog of work on County roads. Mr. Winch said he recognizes that this particular road is not unlike many others. Mr. Winch will notify the resident that an investigation of the condition of Sebring Road will take place. Once the review is completed the Highway Division will review the work schedule and schedule the work appropriately; a report will be provided to the Committee.
13) RESOLUTION: Approval of Revisions of Bylaws of the Tompkins County Hillview Road Landfill Citizens Advisory
It was MOVED by Ms. Schuler, seconded by Ms. Kiefer, and unanimously approved by voice vote of members present (Mr. Winch out of room), to submit the following resolution to the full Legislature for approval.
RESOLUTION NO. - APPROVE REVISIONS OF BYLAWS OF THE TOMPKINS COUNTY HILLVIEW ROAD LANDFILL CITIZENS ADVISORY COMMITTEE
WHEREAS, the Hillview Road Landfill Citizens Advisory Committee (HRLCAC)
was created by Resolution No. 497 of 1990 to advise the appropriate committee
of the County Legislature on matters relating to the planning and design
phases, operation, maintenance, closure, and post-closure monitoring of
the landfill, including neighborhood impacts, and
WHEREAS, the landfill has been in the post-closure phase since 1992,
and
WHEREAS, the responsibilities of the Hillview Road Citizens Advisory
Community are now much less demanding and time-consuming, and can be accomplished
by a smaller membership, with less frequent meetings, now therefore be
it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That its membership be reduced from 7 to 5 members as follows:
2 members to represent the neighborhood of the landfill site,
nominations for which may come from the Danby Town Board, neighborhood
citizens, or County Legislators.
1 County Legislator representing and serving as liaison to the
appropriate Legislative committee, and
2 members of the public at large, nominations for which may come
from any source,
RESOLVED, further, That the Hilllview Road Landfill Citizens Advisory
Committee Bylaws as amended to reflect these changes be approved,
RESOLVED, further, That a copy of the bylaws shall be kept on file
with the Clerk of the Legislature.
SEQR ACTION: TYPE 11-20
The members of HRLCAC have requested revision to the bylaws.
BYLAWS OF HILLVIEW ROAD LANDFILL CITIZENS ADVISORY COMMITTEE
REVISED FEBRUARY 2004
Article I. Name
The Hillview Road Landfill Citizens Advisory Committee, hereinafter known as the "Committee."
Article II. Purpose
Responsibilities of the Committee shall include advising the appropriate committee committees of the Tompkins County Board of Representatives Legislature during the planning and design phases, operation, maintenance, closure, and post-closure of the landfill, and shall include comment on aspects related to planning and design, operation and maintenance of the landfill site, monitoring of the site during use and after closure, the approach roads leading thereto, compensation for landowners and municipalities, and any other aspects which impact that affect the neighborhood.
Article III. Members
Membership of the Committee shall consist of those persons duly appointed by the Tompkins County Board of Representatives Legislature as provide by Resolution No. 497, adopted December 18, 1990, by the Tompkins County Board of Representatives and any subsequent amendments to such legislatureion
Section 1.
A. The voting members of the Committee shall be appointed or confirmed by the Board of Representatives County Legislature from the following constituencies:
2 members nominated by the Town of Danby
2 members to represent the neighborhood of the landfill site,
nominations for which may come from the Danby Town board,
neighborhood
citizens, or County Representatives Legislators,
1 County Board Legislator member representing and serving as liaison
to the appropriate
Board Committee,
2 members of the public at large, nominations for which may come from
any source.
B. The non-voting, ex-officio members to include but are not be limited to:
The Public Works Commissioner or designee
The Solid Waste Manager or designee
The Director of Environmental Health or designee
Section 2.
The members of the committee shall be appointed for three four year terms, using the following rotation schedule, with staggered expirations in terms alternating between neighborhood and at-large members, except the for the County Board Representative Legislative representative member who shall be appointed annually;
Year One: one neighborhood and one at-large
Year Two: one municipal and one at-large
Year Three: one neighborhood and one municipal
Section 3.
Absences caused by illness or personal matters of importance are excusable. If a member has two unexcused absences or misses one-half of the meetings in one year, the Secretary of this Committee shall notify the Board of Representatives County Legislature with a copy to the represented municipality or organization.
Article IV. Officers
Section 1.
The officers of this Committee shall be comprised of the Chairperson Chair, the Vice-Chairperson Chair and the Secretary; to be elected by the Committee at its first meeting in March of the calendar year in alternate years.
Section 2.
These officers shall perform the duties prescribed by the most recent revised edition of Robert's Rules of Order, including but not limited to the following:
A. The duties of the Chairperson Chair are to:
1. Preside at the Committee meetings
2. serve as official representation of the Committee
3. appoint subcommittees as appropriate
4. perform other duties as appropriate to the office of Chairperson
Chair
B. The duties of the Vice-Chairperson Chair are to:
1. serve as Chairperson Chair in the absence of the Chairperson Chair
2. to place meetings or meeting changes on the calendar of the Tompkins
County Board of Representatives County Legislature
C. The duties of the Secretary are to:
1. keep and distribute the minutes of all meetings of the Committee,
if County staff is unavailable
2. conduct correspondence for the Committee and facilitate communication
among Committee members
3. in the absence of both the Chairperson Chair and Vice Chairperson
Chair, conduct the election of a temporary Chairperson Chair
4. maintain Committee library consisting of the minutes of all meetings
of the Committee and documents, correspondences, and reports pertinent
to the purpose of the Committee
Section 3.
Nominations for the offices shall be made from the floor at the first meeting in March to be followed by elections.
Section 4.
The officers shall hold office for one two years or until their successors are chosen.
Section 5.
No officer shall hold office for more than two successive one-year terms, nor shall they she/he hold more than one office simultaneously.
Article V. Meetings
Section 1
The Committee shall meet at least six times each twice a year, and the first meeting of March shall be considered the annual meeting. The Committee will meet twice each year in the neighborhood of the landfill at times to be determined by the Committee.
Section 2
A quorum shall consist of a majority of the voting members.
Section 3
The Committee shall abide by the New York State Open Meetings Law.
Article VI. Executive Board Subcommittees
The Executive Board shall consist of the elected officers of the Committee and shall be empowered to discuss agenda items and call special meetings as necessary.
Subcommittees, appointed by the Chair or by action of the Committee, shall be convened as needed.
Article VII. Subcommittees
Subcommittees will be convened as needed.
Article VIII. Parliamentary Authority
The rules contained in the current edition of Robert's Rules of Order, newly revised, shall govern the Committee in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Committee may adopt.
Article IX. Adoption
These bylaws shall become effective upon adoption by the two-thirds vote of the appointed membership of the Committee and upon the approval of the County Board of Representatives.
Article VIII Amendment
These Bylaws shall become effective upon approval by the Tompkins County Legislature and may be subsequently amended by a two-thirds vote of the appointed membership of the Committee, providing the members have each received the proposed revision in writing at least one week in advance of the Committee’s ratification meeting. Any amendment is subject to ratification by the County Legislature.
14) Space Use Master Plan
Mr. Marx said he would be bringing forth a report of the Space Use Master Plan for the Committee to review.
15) Adjournment
The regular meeting adjourned at 3:30 p.m.
Respectfully submitted by Karen Fuller, Deputy Clerk, Tompkins County
Legislature