Staff:      E. Marx, Planning Commissioner; A. LeMaro, Facilities Manager; T. Joseph, Legislature; S. Whicher, County Administrator; J. Wood, County Attorney; B. Eckstrom, Solid Waste Manager

Guests: A. Chernish, Town of Newfield; J. Shure, Historic Ithaca; Mary Beth Holub, Town of Newfield; K. VanEtten, Town of Newfield Board

1)  Called to Order

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

2)  Chair's Report

 Mr. Booth reported on the following:  1) future Committee meetings will  take place in the Scott Heyman room in order to improve communications at the meetings; 2) the Budget Committee just passed a resolution regarding an increase in motor vehicle fees, a portion of which will be used by the Department of Motor Vehicles and a portion of which will be used by the Highway Division; and 3) Bob Nicholas has reported that some jets have been withdrawn from service at the County Airport, that they are presently being replaced with smaller planes, and that he hopes this will be a temporary situation.

3)  Approval of Minutes

 It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, and unanimously adopted by voice vote, to approve the minutes of March 25, 2003, meeting as corrected.  MINUTES APPROVED.

 It was MOVED by Mr. Winch, seconded by Ms. Robertson, to approve the minutes of April 8, 2003.  With regard to suggested changes to the minutes from Ms. Robertson and Ms. Kiefer, Mr. Booth indicated he feels shorter, action-oriented minutes are adequate and will save employee resources.  The Committee discussed the matter and varied opinions were stated, including the importance of informing absentee committee and legislative members of the discussions, maintaining an historical record, and the potential for problems created because revisions submitted by particular individuals may provide a slanted view of the Committee's discussions.    Consensus was reached by the Committee that the revisions could be attached as addendums, and be part of the official minutes, with the name of the  individual who submits an addendum is placed on it.  A voice vote resulted as follows - Ayes - 5, Noes - 0.  MINUTES APPROVED.

4) Persons Wishing to Address the Committee

Ms. VanEtten expressed her pleasure with the resolution passed by the Town of Newfield regarding the Beach Road Bridge and with the progress being made by the Town and County regarding this bridge.

5)  Red Mill Road Bridge Funding Options

 P. Mesmer provided a table (attached to and made part of these minutes) to the Committee that outlined the various options for the funding the Red Mill Road bridge replacement project and several other projects; among other details, the chart indicated the relevant shares for federal/state funding, for County funding, and for Town funding for these several projects.  Mr. Messmer indicated Option 1 noted on the chart was the staff's preferred option, i.e., that the Red Mill Road bridge replacement become a local project and that the Freese Road Bridge replacement be substituted for the Red Mill Road bridge replacement on the TIP funding list.  He pointed out that the share of County dollars that would be spent would vary only slightly in any of these various options.  He also pointed out that Option 1 would  maximize the use of Federal funding.  Mr. Messmer said that a TIP amendment would be required to substitute the Freese Road bridge for the Red Mill Road Bridge.  Ms. Kiefer inquired about the availability of Industrial Access funding for the Red Mill Road bridge replacement, saying that this funding would be necessary for her to support that project.  Mr. Messmer said Mr. Lampman does not have any final answer regarding the availability of industrial access funding but that initial feedback about that funding has been positive.

 MOVED by Mr. Winch, seconded by Ms. Robertson, to proceed with Option 1 as indicated on the table provided.  Ms. Robertson inquired if by approving this option Freese Road would remain a one-lane bridge and maintain its historic aspect.  She was informed that this decision would only establish the Red Mill Road Bridge replacement project as a local project and approve placing the Freese Road bridge replacement project on TIP funding list, and that all details regarding the Freese Road Bridge project remain to be decided, however the dollar estimates in the chart assume a two-lane bridge.  A voice vote was taken and resulted as follows:  Ayes - 5, Noes - 0.  MOTION APPROVED.

6) Beach Road Bridge Project

RESOLUTION NO.     - BEACH ROAD BRIDGE - RESTORATION PROJECT BETWEEN THE COUNTY OF TOMPKINS AND TOWN OF NEWFIELD, AND FUTURE OWNERSHIP AND MAINTENANCE RESPONSIBILITIES

 A draft resolution was MOVED by Ms. Robertson and seconded by Mr. Winch.  The draft resolution paralleled the one passed by the Town of Newfield regarding restoration, insurance, and  maintenance responsibilities for the Beach Road Bridge.  Mr. Messmer explained that this draft resolution contemplated the Town and County's working together to remove the bridge, build new bridge foundations back away from the stream's banks, install I-beams that connect the foundations, place restored elements of the bridge on top of the I-beams, and install wooden decking across the I-beams in order to create a pedestrian bridge. Mr. Messmer further indicated that the necessary work could be completed by August 18, 2003.

 A discussion occurred about various aspects of this contemplated work, including the costs the County would incur and the importance of terminating any County responsibilities regarding its future ownership or maintenance and terminating any County liability for this replacement bridge once it is completed.  Throughout the discussion Committee members expressed several concerns:  1) that the County's work on this project would take away from other projects throughout the County, 2) that the originally agreed-upon County contribution to the project was $10,000 of in-kind services and that Mr. Messmer's preliminary figures suggested the possibility of a larger County contribution,  and 3) that the liability question would not be adequately covered if the County designed the restoration project.  Regarding the liability issue, Mr. Wood, County Attorney, said that he felt the Town could provide indemnification for the County by adding the County as an additional insured under their policy.    Ms. Shure of Historic Ithaca indicated that group would use whatever grant funds it could obtain to support this project.

The Committee requested that Mr. Messme and, Mr. Wood, working with the Town of Newfield officials and with Historic Ithaca, come back to the Committee with:  1) A specific estimate of the costs the County would incur for this project (with a strong suggestion that County costs for direct expenditures, labor, and equipment not exceed a maximum total cost of $10,000 as previously agreed by the County), and 2) a draft agreement between the Town and County, specifying the extent of the County's financial commitment to this project, and specifying that after the rebuilt pedestrian bridge is completed the County will have no liability respecting the bridge or any responsibility regarding its future ownership and maintenance.

The Committee briefly discussed the letter from New York State Office of Parks, Recreation and Historic Preservation that provided proposals for the bridge renovation.  Mr. Messmer felt the majority of items could be covered, with the exception of certain comments regarding the abutments.

By consensus this matter was TABLED until the information and draft agreement requested are brought back to the Committee.

7)  Resolution - Appropriation from Contingent Fund for Terminal Pay - Highway

 MOVED by Mr. Winch, seconded by Ms. Robertson and unanimously approved by members by voice vote to submit the following resolution to the full Board for approval:

RESOLUTION NO.     - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY - HIGHWAY

WHEREAS, the Highway Division has one employee, Bernard Senecal, Motor Equipment Operator, retire effective March 31, 2003, and one employee, Ruslan Osipov, Civil Engineer, terminate employment on February 14, 2003, and
WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay replacement from the Contingent Fund, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriations:

FROM:  A1990.54440  Contingent Fund  $4,241.79

TO:  D5110.58800  Fringes - Motor Equipment $3,401.24
  D5110.58800  Fringes - Civil Engineer  $   840.55

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8)  Resolution - Appropriation from Highway Machinery Fund Balance - 2002 Surplus Funds

 MOVED by Ms. Blanchard, seconded by Ms. Robertson.  Mr. Messmer explained this resolution is being proposed because of severe winter road conditions that required additional vehicular usage.  Questions arose regarding whether the fund balance is rollover.  Mr. Squires stated that it is not rollover in the sense that the legislature usually discusses rollover.  Mr. Squires suggested that the transfer not be done until the auditors provide certification of the figures in either May or June of this year.  Ms. Robertson requested a fund balance report be provided to Committee members.  Following the discussion the resolution was TABLED until the auditor certification is obtained, with a request that a revised resolution clarify that this money is not treated as rollover.

RESOLUTION NO.      - APPROPRIATION FROM HIGHWAY MACHINERY FUND BALANCE - 2002 SURPLUS FUNDS

 WHEREAS, the Highway Machinery Division has been certified by the Director of Finance to have unspent appropriations and excess revenue from 2002 resulting in a surplus o the County's books as of December 31, 2002, and
 WHEREAS, pursuant to County Fiscal Policy, surplus funds may be requested for use in the current or following year budget, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the following transactions are approved:

Budget Appropriation:

 FROM:  DM0599.0000  Highway Machinery Fund Balance $58,199

 TO:  DM5130.54306  Automotive Supplies   $58,199
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Explanation:  Fuel - Due to the heavy winter and the increase in fuel prices, the Highway Department will be at the budgeted fuel amount in July, assuming that the diesel prices stay at the current price.

The DM Target Fund Balance for 2002 was $101,036 and this resolution appropriates the fund balance in excess of the target, which was $42,837.

9)  Resolution - Audit of Final Payment - Trumbulls Corners Road Bridge Replacement
 

 MOVED by Mr. Winch, seconded by Ms. Kiefer.  It was explained that the incumbent often  works more than a thirty-five hour work-week, gets paid for thirty-five hours, and then gets compensatory time.  This change will merely reflect the actual work , and forty-hours was budgeted for.  Ms. Kiefer asked if the incumbent understood the retirement implication of sometimes working less than a forty hour week.  A voice vote resulted in a unanimous decision to submit the following resolution to the full Board for approval:

RESOLUTION NO.        - AUDIT OF FINAL PAYMENT - TRUMBULLS CORNERS ROAD BRIDGE REPLACEMENT

 WHEREAS, the work performed by Silverline Construction has been completed as authorized by Resolution No. 203 of 2001, to construct two replacement bridges on Trumbulls Corners Road, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the final claim against the County of Tompkins, be and hereby is audited by the Board of Representatives:

Vendor    Payment Request  Account No.  Amount
Silverline Construction       Six (Final)   HZ5103.53.04  $48,793.21

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Explanatory Note: The total contract amount for the above mentioned work was $791,064.40.

 Mr. Winch stated that Mr. Phil Kelly who started Silverline Construction grew up in the Town of Newfield and has trained many of the County workers in this area.

10) Resolution - Support of the Expansion of the Returnable Container Act of 1982 to Include Non-Carbonated Beverages and to Retain the Unclaimed Deposits to Fund Recycling and Environmental Program

 MOVED by Mr. Winch, seconded by Ms. Kiefer and unanimously approved by members by voice vote to submit the following resolution to the full Board for approval:

RESOLUTION NO.     - SUPPORT OF THE EXPANSION OF THE RETURNABLE CONTAINER ACT OF 1982 TO INCLUDE NON-CARBONATED BEVERAGES AND TO RETAIN THE UNCLAIMED DEPOSITS TO FUND RECYCLING AND ENVIRONMENTAL PROGRAM

 WHEREAS, the Returnable Container Act of 1982, commonly referred to as the "Bottle Bill," has been one of the most effective State laws to increase recycling rates and reduce curbside litter, and
 WHEREAS, the convenience beverage market has changed over the last twenty years so that non-carbonated beverages such as bottled water, iced tea, and sports drinks now make up almost one-quarter of the market, and
 WHEREAS, relevant studies indicate convenience beverage containers without a deposit in New York are two times more likely to end up as litter, and
 WHEREAS, the New York State Department of Environmental Conservation (NYDEC) estimates that $85-137 million annually is generated from unclaimed deposits under the existing deposit law system, and
 WHEREAS, the Container Recycling Institute estimates that expected revenue from unclaimed deposits under an expanded bottle bill could reach $177 million annually in New York State, and
 WHEREAS, the people, municipalities, and the State of New York would directly benefit from an expanded bottle deposit law that includes non-carbonated beverages and provides for the State government's acquisition of unclaimed deposit revenue and dedication of those revenues to activities that will benefit the environment, and
 WHEREAS, the immediate impacts of an expanded bottle bill would reduce litter, encourage higher recycling rates, and provide additional resources to implement recycling and environmental programs, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Tompkins County Legislature strongly supports expanding the Returnable Container Act of 1982 to include non- carbonated beverages and to provide for the State government's acquisition of unclaimed deposits,
 RESOLVED, further, That the Tompkins County Legislature urges these funds be dedicated to recycling and environmental programs.
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11)  Tompkins County Public Library Issues

 The Committee reviewed a list of post-occupancy concerns presented by the public library Director, Janet Steiner.  This list had been previously reviewed by the Consumer and Community Affairs Committee (CCA).  Upon reviewing the list members of the Committee felt that some of the items listed were not the County's responsibility, while others clearly were.  In general maintenance and repair are paid for by the Facilities Department, improvements over the original building design are Tompkins County Public Library's expense, and defects in the original design should be covered by County funds (possibly contingency funds or as part of a capital project).  Mr. Winch suggested that the staff work up the concerns and necessary repairs into a capital project and negotiate with the Library for a share of the cost.  The Committee agreed to request that staff prepare a capital project proposal that would encompass the items on the list and clearly indicate the sharing of costs for this project between the County and Tompkins County Public Library. Members of the Committee were requested to provide to Cheryl Nelson their individual assessment of which items should be paid for by the County, by the library, and possibly by a contractor.

12)  Resolutions - Change in Position - Facilities Division

 MOVED by Mr. Winch, seconded by Ms. Kiefer and unanimously approved by members by voice vote to submit the following resolution to the full Board for approval:

RESOLUTION NO.  - CHANGE IN POSITION - FACILITIES DIVISION

 WHEREAS, the Project Coordinator position is budgeted in 2004 for 40 hours per week, but certified in Personnel as 35 hours per week, now therefore be it

 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Project Coordinator in the Facilities Division, labor grade (15-764), be changed from 35 hours per week to 40 hours per week, effective April 14, 2003.
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 The meeting adjourned at 3:55 p.m.

Respectfully submitted, Karen Fuller, Deputy Clerk