Present:   R. Booth, Chair, D. Kiefer, Vice Chair; D. Winch, M. Lane (2:10 p.m.)

Excused: N. Schuler

Staff:     M Eighmey, Highway Division; E. Marx, Administration; T. Todd, Legislature; B. Ecktrom, Solid Waste Manager; A. LeMaro, Facilities Director; R. Nicholas, Airport Manager; K. Fuller, Recorder

Called to Order

 Mr. Booth called the meeting to order at 2:04 p.m.

Additions to and Deletions from the Agenda

 There were no additions to or deletions from the agenda.

Persons to Address the Committee

 There was no one wishing to speak to the Committee.

1) Chair's Report

Mr. Booth noted that the information requested from Ms. Eckstrom at a prior meeting had been placed in member's mailboxes.  He also said there will be an executive session at the end of the meeting to answer any questions related to the Highway Department personnel issue discussed previously.  Additionally, during the meeting, Mr. Booth noted that Ms. Nelson will be on leave until the end of November.

2)  Minutes of October 12, 2004

 It was MOVED by Mr. Winch, seconded by Ms. Kiefer, and unanimously approved by voice vote of members present, to accept the minutes of October 12, 2004, as amended.

3)  RESOLUTION NO           - ESTABLISHING A UNIT CHARGE FOR THE 2005 SOLID WASTE ANNUAL FEE

 It was MOVED by Mr. Winch, seconded by Ms. Kiefer, to recommend the following resolution to the full Legislature for consideration.  Ms. Kiefer indicated that she is not in agreement with the Solid Waste fee payments by the educational institutions.  Ms. Eckstrom noted that at a previous meeting it was her understanding that it was the Committee's consensus to revise calculations for the institutions' 2005 payments by correcting the tonnage figures and reallocating County staff assignments in applying the fee formula.  Ms. Kiefer suggested that using recycled tonnage and projected disposal tonnage for Administration costs would possible be a better choice for applying the formula for 2005.  Mr. Lane said he had come out of the previous meeting regarding this topic thinking the institutions' payments would not be changing in 2005; through discussions with Ms. Eckstrom he learned of the changes to the tonnage amounts and the reallocation of County staff; and there will be a review of the entire formula for 2006.  Ms. Kiefer expressed her belief that the formula was not appropriate and spoke of projected tonnage figures that were not accurate.  Mr. Booth noted that her concerns were noted, stating there is a disagreement about applying the formula.  Mr. Winch stated he believed there was consensus at the Committee and that more general review of the fee formula should take place at a later time.  He then disclosed he had been retained previously by Cornell University in the capacity of an advisor to develop a food waste composting program and work on animal bedding, etc.  It was noted that he does not do so at this time.  Ms. Eckstrom stated that the colleges are not happy with the projected increases in their 2005 payments.  She said it is a difficult challenge to please all parties involved in the negotiations.   Ms. Kiefer stated for the record that while she had understood there was Committee consensus for Ms. Eckstrom to speak with the not-for-profits with regard to their tonnage figures, she did not understand there was consensus regarding projected fees with no other changes; and she would not have agreed with that approach.

 A voice vote on the resolution resulted as follows:  Ayes - 3; Noes - 1 (Legislator Kiefer); Excused - 1 (Legislator Schuler).  MOTION CARRIED.

 Ms. Kiefer indicated she would like an executive session at a future time to discuss the contractual matter related to the fees.  Mr. Booth indicated a desire to question the County Attorney prior to doing so.

 WHEREAS, the unit charge for the 2005 Solid Waste Annual Fee has been recommended by the Facilities and Infrastructure Committee, now therefore be it,
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the Unit Charge for the 2005 Solid Waste Annual Fee be established at $52.00 per billing unit, which is the same as the 2004 Solid Waste Annual Fee.

ATTACHMENT A:  SCHEDULE OF RATES

CODE                  PROPERTY CLASS       ‘USED AS’
(A)
Single family residences   210,240,241,242,250,280
Mobile Homes     270,271,416
Churches          Z32

Unit Charge: One billing unit per Church or living unit
 

(B)
Two-family residences   All 220’s and other residences with two living units

Unit Charges: Two billing units, except if verified as owner occupied and used as a single unit,  the charge is one billing unit.
 

(C)
Multi-unit residences
 3 or more units   230’s
 Apartments         A01 - A07
 Rooming houses:   418
   2.5 beds = 1 billing unit
Unit Charges: One billing unit per living unit
 

(D)
Colleges: All tax exempt parcels owned by the colleges

Unit Charges:  Tompkins Cortland Community College        $5,918.36
   Cornell University      $169,558.42
  Ithaca College         $33,181.08
   BOCES          $29,084.08
     Total Colleges:     $237,741.95
 

(E)
Recreation and Warehouse (except row storage)     All K’s, Z01-Z11,
           Z19-Z26, F01-
     Unit Charges: $0.0186/sq.ft.       F04, F06, F07,F08
           F10, F11

(F)
Wholly Exempt Homes for the Aged  633
Wholly Exempt Other HealthCare Facilities 642

     Unit Charges: $0.0186/sq.ft.
 

(G)
All other All property classes and ‘used as’ codes not listed elsewhere in a specific category

      Unit Charges: $0.0372/sq.ft.
 

(H)
Seasonal Residences    260
 Property must be classified as a seasonal residence by the Tompkins County Assessment Dept.

Unit Charge: One-half (1/2) billing units per living unit.
 

(I)
No fee assessed:
 Row storage         F05
 Non-contributive area        Z98
 Local government - all tax exempt parcels owned by the city, towns,
  villages, and county within Tompkins County.

SEQR ACTION:  TYPE II-15

4)  RESOLUTION NO.  - AUTHORIZING AN AGREEMENT WITH SH&E, INTERNATIONAL AIR TRANSPORT CONSULTANCY INC. TO PROVIDE SERVICES IN CONNECTION WITH RECRUITING NEW AIR SERVICE AT
THE ITHACA TOMPKINS REGIONAL AIRPORT

 It was MOVED by Mr. Lane, seconded by Mr. Winch.  Mr. Nicholas explained that the Air Service Task Force feels this service is needed in order to seek other airline service for the County.  A discussion ensued, and the following points were made:

· The Air Service Task Force specifically desired to employ this firm.
· Although there was no guarantee of a grant from the SOARs grant funds, it was believed the County has an excellent chance of being awarded this grant.
· In the event the SOARs grant was not received, the Airport's operational budget could probably absorb the expense if necessary.
· The Air Service Task Force feels that the outside assistance is needed for further negotiation opportunities.
· The scope of work will include collection of data related to Ithaca and the Ithaca market, destination of airport users, finding the right match for the airport, as well as making a computer-generated presentation to be shown and attending meetings.
· More information related to SH&E, Inc.'s performance and specific information on the scope of work is desired.

A voice vote resulted as follows:  Ayes - 4; Noes - 0; Excused - 1 (Legislator Schuler).  MOTION CARRIED.

      WHEREAS, by Resolution No. 80 dated March 16, 2004, the County Legislature charged the Air Service Task Force (ASTF) with a number of tasks, including developing an Action Plan for the next three years, and
      WHEREAS, said Action Plan includes exploring possibilities for additional and alternative air service to the airport, and
          WHEREAS, the ASTF requires expert assistance to collect and analyze market data, assess the suitability of certain air carriers, prepare airline proposals, and provide expertise during air carrier/community negotiations, and
      WHEREAS, the ASTF upon the advice of certain airline industry executives, has determined that S, H, & E International Air Transport Consultancy, Inc., is best qualified to render the kind of assistance it needs, now therefore be it
        RESOLVED, on recommendation of the Air Service Task Force and review by the Facilities and Infrastructure Committee, That a professional services agreement with SH&E Inc., of Boston, Massachusetts, for labor and out-of-pocket expenses, not to exceed $50,000, be and is hereby approved, and that the County Administrator be and hereby is authorized to execute said agreement,
     RESOLVED, further, That the costs associated with these services be taken from the Airport’s operational budget until reimbursement is received from the New York  Statewide Opportunities for Airport Revitalization (SOARs) program, said program being designed to assist state airports with air service development.
SEQR ACTION: TYPE II-20

Note: The SOARs program was created by the New York State Senate to assist airports with air service development. Disbursements from the fund require approval by Senator Bruno. We have already received funds from this program for work associated with our application for a Small Community Air Service grant. I have sent a similar request to Senators Seward, Kuhl and Nozzolio and have someone in Albany independently working with Senator Bruno to obtain approval. The airport’s operational budget for 2004 can absorb the costs while we await reimbursement from the State.

5) Solid Waste

 Ms. Kiefer requested a copy of the CPI Index noted within material received from Solid Waste.

Facilities

6) RESOLUTION NO.   APPROPRIATION FROM CONTINGENT FUND - EMERGENCY STANDBY GENERATOR - TOMPKINS COUNTY ANNEX BUILDING C - FACILITIES

 It was MOVED by Mr. Winch, seconded by Mr. Lane.  Mr. LeMaro explained the resolution has come forward as the result of assessments of County office buildings that indicate it would be in the best interests of the County to provide a generator within the Courthouse Complex.  Annex Building C was the location determined to best be suited for the installation.  Members of the Committee recommended the following:

· Be cognizant of the need to test the generator at times that will not disturb other businesses in the area.
· Possibly develop a protocol outlining testing of emergency generators that would provide for testing during hours of least disruption.
· Notify employees of the installation so they know about potential.
· Purchase a generator that has enough power to handle future needs.

A voice vote resulted as follows:  Ayes - 4; Noes - 0; Excused - 1 (Legislator Schuler).  MOTION CARRIED.

 WHEREAS, the Facilities Division has completed an assessment of the need for an emergency standby generator within the Courthouse Complex, and
 WHEREAS, Annex Building C does not currently have an emergency standby generator to provide temporary power to the building in the event of a power outage, and
 WHEREAS, the addition of a standby generator would allow for the use of the building as a downtown emergency operations center, and
 WHEREAS, an evaluation of County emergency management preparedness practices by the Facilities and Infrastructure Committee has identified the need for standby emergency power at the building as a priority, and
 WHEREAS, the Facilities Division of Public Works can perform the installation of an emergency standby generator estimated at $50,000, and
 WHEREAS, the Facilities Division does not have the budgeted funds necessary to cover the anticipated costs, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the Tompkins County Legislature hereby approves the purchase of a generator,
 RESOLVED, further, That the Director of Finance be authorized and directed to make the following budget appropriation:

 FROM: A1990.54400  Contingent Fund  $50,000
  TO: A1620.52220  Department Equipment $30,000
   A1620.54470  Building Repairs  $20,000
SEQR ACTION:  TYPE II-20

7) Wind Power Purchase Status

 Mr. LeMaro reported that a purchase of $5,000 of wind power would provide approximately 3 percent of the County's total electricity consumption.  He noted a recent price quote by Salerni and Boyd.  It was noted that funds would be available in Facilities existing budget as a result of reduced premium costs and savings in other energy areas.  In addition, a resolution would not be necessary because purchase of alternative power was previously approved via resolution.  Mr. LeMaro recommended the purchase of wind power at this time.  Mr. Winch stated he would like to see more thorough information on supplier potential.  Ms. Kiefer said while she is an advocate of alternative energy she could not approve a purchase at this time, noting that the only supplier is a private firm, not a public utility.   Because consensus was not reached, the purchase of wind power was tabled until a future date.

8) Authorization to Bid Third Party Administrator - Drug and Alcohol Testing

A discussion regarding the request to seek bids occurred.  It was noted that the present contract administrator, Gregory and Howe, has experienced numerous difficulties, including erroneous reporting of test results between municipalities, incorrect billing, etc.  In addition, some reports have been received late.  The Committee tabled the item to allow Ms. Jehu from the Purchasing Department to be present to discuss more fully the concerns expressed.  Ms. Kiefer recommend changes to the bid specifications related to names/addresses and confidentiality issues.

9)  RESOLUTION NO.      - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY – HIGHWAY DIVISION

 It was MOVED by Mr. Winch, seconded by Mr. Booth, and unanimously approved by voice vote of members present, to recommend the following resolution to the full Legislature for consideration.

 WHEREAS, the Highway Division had one employee, Painter Mechanic, terminate employment effective September 28, 2004, 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  $2,301.34

TO:  DM5130.51000855  Salary – Painter Mechanic $1,655.64
  DM5130.58800   Fringes    $   645.70
              TOTAL $2,301.34
SEQR ACTION:  TYPE II-20

10) RESOLUTION NO.        -  APPROPRIATION FROM HIGHWAY MACHINERY FUND
BALANCE

 It was MOVED by Mr. Winch, seconded by Mr. Booth.  Mr. Marx noted the Highway Division accounting practices are such that the adjustment has to be made in the manner noted within the resolution.  Ms. Kiefer thought that the amount was high and she would prefer to request an appropriation of $60,000 and ask for more later if necessary.  It was MOVED by Ms. Kiefer to amend the appropriation to $60,000.  Receiving no second, the MOTION FAILED.  A voice vote on the original resolution resulted as follows:  Ayes - 3; Noes - 1 (Legislator Kiefer); Excused - 1 (Legislator Schuler).  MOTION CARRIED.

 WHEREAS, the Highway Machinery – Automotive Supplies account is currently in a deficit situation, and
 WHEREAS, the cost of diesel fuel and gas has increased approximately forty percent since January, 2004, and
 WHEREAS, the cost of machinery parts has increased up to twenty percent since the beginning of 2004,  and
 WHEREAS, the estimated cost of fuel and parts to complete 2004, considering these price increases, is $70,000, now therefore be it,
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee and  Budget and Capital Committees, That the Director of Finance be authorized to make the following budget appropriation:

 FROM:   DM0599.0000 Highway Machinery Fund $70,000
TO:    DM5130.54306 Automotive Supplies  $70,000
SEQR ACTION: TYPE II – 20

The alternative to this appropriation would be to delay budgeted equipment purchases.  If this resolution is approved, the Highway Division will go ahead with the equipment purchases for 2004 and associated existing equipment resale. Due to the short time until the end of the year, the Highway Machinery Fund Balance at year-end will be lower until the revenue from the equipment resale is received in mid 2005.

11)  Highway and Bridge Status Report

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

· Previously Approved Projects - Mr. Booth inquired if the six projects previously approved by the Legislature have received any response from the New York State Department of Transportation.  At this time the information is unknown.  It was requested that an update be provided at the next meeting of the Committee.
· Ellis Hollow Road Reconstruction - Ms. Robertson felt that if the project is delayed until 2006 remedial work will be required on the road.
· Warren Road - Ms. Kiefer inquired who would be determining what additional improvements are appropriate, and who will be responsible for the costs associated with them.
· Ludlowville Road - County Planning has received a report from the firm preparing a report on the watershed analysis that will be used to provide recommendations respecting management of storm run-off in this location.  One item that may be considered is an upstream retention structure in the event of a major storm.
· Ms. Kiefer requested that future reimbursement summaries provide a break-out between Federal and State portions.
· Ms. Robertson inquired if there is any effort that can be made to stress the importance of receiving Marchiselli funding.
· McLean Cortland Road and Bridge - It was requested to have more information related to the rights-of-way acquisitions.
· Red Mill Road Bridge - Ms. Kiefer requested a copy of the McFarland Johnson's report that answers the State Historic Preservation Office's technical questions.  It was noted that a copy is on file in the Legislative Office.
· It was requested that the project information sheets provide dates provided wherever possible.
· It was requested that updates on Town of Ithaca Transportation Committee meetings be provided, including information related to mitigation and cost-sharing.  Additionally, it was re-emphasized that it is important to be clear who is speaking for the Town of Ithaca respecting County projects in that municipality.

12)  Executive Session

It was MOVED by Mr. Lane, seconded by Mr. Winch, and unanimously approved by voice vote of members present, to enter into an executive session to discuss personnel matters.

The Committee moved into executive session at 3:27 p.m.  There was no action taken at this executive session.

 On motion, the Committee returned to regular session at 4:29 p.m.

13) Adjournment

The meeting adjourned at 4:30 p.m.

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