Present:   R. Booth, Chair, D. Kiefer, Vice Chair, N. Schuler, M. Lane (arrived 2:15 p.m.),
D. Winch

Staff:     E. Marx, Administration; A. LeMaro, G. Tunney, Facilities; R. Nicholas, Airport Manager; T. Richardson, Solid Waste; D. Squires, Finance Director; C. Nelson, Public Works Administrator; J. Lampman, Highway Division; W. Skinner, Public Information; K. Fuller, Recorder
 
Guests: C. Kalwara, Johnson Controls; P. Harriott, S. Nicholson, Environmental Management Council

1)  Called to Order

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

2)  Additions to and Deletions from the Agenda

 The following items were added:

· Town of Enfield - Termination of Snow and Ice Contract
· Highway Manager Search Update
· Executive Session regarding a personnel matter

3)  Persons to Address the Committee

 There was no one wishing to speak to the Committee.

4) Chair's Report

Mr. Booth did not have a report.  Ms. Kiefer inquired on the status of discussions relating to Challenge Industries' possible assistance in a refund container project at the Solid Waste Facility.  At this time no news was received.

5)  Minutes of November 9 and November 23, 2004

It was MOVED by Ms. Schuler, seconded by Mr. Winch, to accept the minutes of November 9, 2004.  A voice vote resulted as follows:  Ayes - 3; Noes - 0; Excused - 1 (Lane); Abstained - 1 (Kiefer).  MINUTES APPROVED.

It was MOVED by Ms. Schuler, seconded by Mr. Winch, and unanimously approved by voice vote of members present, to accept the minutes of November 23, 2004.  MINUTES APPROVED.

6)  Caswell Road Leachate Disposal Study

 Mr. Thompson requested approval for the second phase of the feasibility study to continue discussions related to utilizing the Village of Freeville's treatment plant for leachate.  He explained that initially the Village Mayordid not feel it would be possible for the County to do so.  Freeville's solid waste treatment plant operator is the same firm that performs the same duties for the City of Cortland; they had stated that the leachate would not be good for the plant.  Since the initial statements that led Freeville to believe it was not a good partnership, further study of the actual composition of the leachate that would be going through the plant has occurred.  As it is not straight leachate, but diluted, they now believe it may be possible to work with the County.  Phase 2 of this study will perform further analysis and determine what, if any, modifications would be necessary to make this a successful project.  The cost of the analysis work that will be done by Barton & Loguidice is approximately $15,000.  Consensus of the Committee was to allow the study to be made, and periodic updates were requested.

7)  Energy Performance Contract - Johnson Controls

 Mr. Kalwara of Johnson Controls gave a Powerpoint presentation of work completed and estimated energy and financial savings that will result upon initiation of the Energy Performance Contract.  He said this is a procurement mechanism under New York State Energy Law Article 9; Tompkins County will implement necessary infrastructure improvements to reduce energy costs.  Savings are guaranteed.  The information provided is highlighted below.  Following the presentation a brief discussion period resulted in the following points:

· The initial projection was for approximately $140,000 reduction in energy costs to the County; the final amount is significantly higher than the originally estimated savings.
· Some items that could potentially reduce energy costs were not included as the length of time to benefit was in excess of ten years.  These items are noted on the slide entitled "Additional Measures."  Also, items such as door replacements have not been considered in the overall project
· The County has continued to move forward regarding some of the suggested items to reduce the energy costs.  The majority of the suggestions will not be undertaken until March 2005, once the Energy Performance Contract is finalized.
· It was suggested that the County should review policy regarding light replacement, noting that fluorescent bulbs energy costs increase significantly during the last twenty-five percent of their lifespan.
· Within the first year of the project there will be a positive cash flow.

Slides are available on hard copy of minutes.

8) Position Request - ITS - PC Technical/Web Developer

Mr. Potter, Director, requested approval to fill the above-noted position.  This position was originally approved for work with the CISNET project.  The individual originally hired did not work out and he utilized funds to supplement his high-end employees to complete the work.  At this time he hopes to fill the position and by doing so reduce the workload from the bottom up.  Mr. Lane suggested the possibility of partnering with another department to assist in obtaining a qualified individual.  Mr. Potter stressed the need to continue this position if a determination is made to continue the CISNET program beyond 2005.

It was MOVED by Mr. Winch, seconded by Ms. Schuler, and unanimously approved by voice vote, to approve the position of PC Technical/Web Developer for 2005.  MOTION APPROVED.

9) Audit of Final Payment - North Triphammer Road

Upon request of Mr. Lampman the resolution was withdrawn.  Mr. Lampman stated there are still items to be completed.

10)  RESOLUTION NO.     -         AUTHORIZATION TO CONDUCT A PUBLIC HEARING – PROPOSED ACQUISITION OF PROPERTY FOR THE RECONSTRUCTION OF McLEAN-CORTLAND ROAD AND BRIDGE

 MOVED by Mr. Lane, seconded by Ms. Schuler.  A brief discussion occurred during which it was noted that at this time Mr. Lampman does not anticipate any problems related to the necessary rights-of-way for this project.  It was noted that two of the properties have recently changed ownership.  Members were informed that T.E. within the explanation portion indicates "temporary easement".

 WHEREAS, funding for the McLean-Cortland Road and Bridge reconstruction project is in jeopardy unless the project can be moved forward in an expeditious manner, and
 WHEREAS, negotiations for approximately ten parcels needed to complete acquisition of the right-of-way for the project have not yet been completed, and
 WHEREAS, the County intends to pursue all means to complete these negotiations in a timely manner without necessitating legal measures, but must provide for the contingency that the properties in question may need to be acquired via eminent domain procedures as a last resort, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature conduct a public hearing pursuant to Section 201 of the Eminent Domain Procedure Law at the Tompkins County Courthouse on the 18th day of January, 2005, at 5:30 o’clock in the evening thereof,
 RESOLVED, further, That the purpose of said hearing is to inform the public and to review the public use to be served by the reconstruction of the McLean-Cortland Road and Bridge in the Town of Groton, and the impact on the environment and residents of the locality where said project will be constructed,
 RESOLVED further, That pursuant to Section 202 of the Eminent Domain Procedure Law, the Clerk of the Legislature shall cause to be published at least ten days and not more than thirty days prior to said hearing a notice of same in at least five consecutive issues of the Ithaca Journal.
SEQR ACTION:  TYPE II-20

Explanatory Note:  Highway Staff hopes to complete all needed transactions for this project via negotiations with landowners.  In case negotiations fail, this resolution positions the County to proceed with right-of-way acquisition via Eminent Domain Procedure without delay. The following is a table of required right-of-way.  (T.E. indicates Temporary Easement).

Parcel Tax Map Size (ac.) Type Needed for Location Owner
M 23 / P 31 38-4-5 0.007 Fee Intersection “Patchwork & Pies” Adams
M 24 / P 32 38-5-10 0.017 Fee Intersection “Elm Tree Inn” Peacocke
M 25 / P 33 38-8-12 0.077 Fee Bridge Home NW of bridge Munson
M 26 / P 34 38-8-11 0.055 Fee Bridge NE of bridge McLean Fire Dept.
M 27 / P 35 38-7-8 0.003 Fee Bridge Home SW of bridge Frost
M 31 / P 40 38-7-9 0.021 Fee Bridge Home SE of bridge Burin
M 28 / P 36 38-8-12 0.030 T.E. Bridge Home NW of bridge Munson
M 28 / P 38 38-8-12 0.071 T.E. Creek work Home NW of bridge Munson
M 30 / P 39 38-8-11 0.041 T.E. Creek work NE of bridge McLean Fire Dept.
M 32 / P 41 38-7-9 0.193 T.E. Creek work Home SE of bridge Burin

11) Town of Enfield - Termination of Snow and Ice Removal Contract

The Committee was informed of the receipt of a resolution from the Town of Enfield indicating agreement to terminate the present snow and ice removal contract with the County.  In past years the County has applied salt to the Town of Enfield's roads and the Town of Enfield has plowed the same roads.  The elimination will not cause undue hardship to the County as its trucks are already working on Enfields roads.  This change will save the County approximately $2,000 compared to the previous contract.

It was MOVED by Ms. Schuler, seconded by Mr. Winch, and unanimously approved by voice vote, to approve the creation of resolution by Mr. Wood, County Attorney, recommending to the Legislature that Tompkins County terminate the snow and ice removal agreement with the Town of Enfield.  [Subsequent to the meeting the following resolution was prepared by the County Attorney.]  Mr. Lane noted he prefers de-centralization of highway services versus centralization of services.

RESOLUTION NO. AUTHORIZING THE TERMINATION OF THE SNOW AND ICE AGREEMENT WITH THE TOWN OF ENFIELD

 WHEREAS, the acting County Highway Manager has determined that it is in the best interest of the County to take over the plowing of all County roads located in the Town of Enfield, and
 WHEREAS, the Town Board of the Town of Enfield concurs with that decision and passed a resolution authorizing the termination of the Agreement with the County provided that the County Legislature also adopts a resolution to the same effect, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is authorized to terminate the Agreement providing for the Town of Enfield to plow County roads within the Town of Enfield.
SEQR ACTION:  TYPE II-20

12) Update - Route 13/Brown Road Intersection

 Mr. Lampman provided the Committee with a letter received from the New York State Department of Transportation indicating that at this time they do not feel changes are in order at this intersection.  It did indicate that the study lacked information regarding accidents in 2004.  Mr. Lampman will speak to Mr. Birchenough, resident engineer of the New York State Department of Transportation, more about the issue as well as seek the information that is lacking.  This item will be placed on an early 2005 agenda.

13) Highway and Bridge Status Report

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

· Ludlowville Road - While additional work may be required upon receipt of a final report from the local planning department consultant, no additional work is anticipated until spring.
· Warren Road - Discussions with the local Forest Home Improvement Association should be held with the knowledge and participation of the Town of Ithaca.  Should the Town approve of the recommendations, a discussion would then take place with the County and the final determination of suggestions would come from the County.
· Ellis Hollow Road Reconstruction - A request was received to move up the schedule for the work due to road conditions.  It was noted that the schedule would not change, although the road conditions will be closely monitored.
· North Triphammer/Asbury Road Intersection Solar Lights - They are presently being adjusted to provide continuous service during this period of limited sunlight.
· A discussion regarding reimbursement rates on projects was held.  It was noted that the percentage can change during the course of a project due to cost fluctuations.  Also, concern was expressed for the potential loss of Marchiselli funding from the State.
· Valley Road Bridge - The consultant estimates a 17 percent increase over the 2002 estimate due to increased material costs.
· Red Mill Road Bridge - At this time a meeting has not occurred with SHPO.
· Hanshaw Road - It was noted there had been a request from the community to have sidewalks; to date no discussions with the Town have taken place to determine if they should be considered.
· Federal Aid Project Applications - This week is the deadline for applications for future projects.  Included in the applications are Ellis Hollow Road and Benson Road.  Ms. Kiefer requested copies of the Initial Project Proposal applications for her review.  The TIP benefit/cost ratio for Ellis Hollow Road project is not high enough.  Additionally, members were informed that projects approved now would be placed in the five-year cycle of the program.
· Turkey Hill Road - blinking beacons on stop signs became operational today.

14) Highway Manager Search

Mr. Marx reported that a total of 12 applications were received, 9 of which were qualified.  These applicants will be receiving a list of written questions to respond to in early January 2005.  It is anticipated that by the end of January the responses will be reviewed and interview dates set.  The search Committee will be comprised of the following individuals:  Richard Booth, Dan Winch, Arel LeMaro, Jack French, John Sincebaugh, Dale Gregow, Cheryl Nelson, Anita Fitzpatrick, and possibly Bill Grey.  In response to an inquiry it was noted that the Legislature as a whole would not participate in the selection due to the level of the position.

Ms. Kiefer asked for an update on the Spring Street bridge Request for Proposal;  Mr. Lampman said it has not yet been issued.

15) Disposition of 1977 Airport Truck

Mr. Nicholas, Airport Manager, reported that no responses were received to the advertisement for the 1977 truck that has recently been replaced.  Accordingly, he requested permission to donate the truck to the Farmingdale, Long Island, airport, stating it is looked upon favorably by the Federal Aviation Administration, which funded the majority of cost for the vehicle.  All costs associated with this donation will be borne by the Farmingdale airport.

16) Capital Payment Summary Reports

Members reviewed the Capital Payment Summary Reports and noted the following:

· The Transient Apron Rehabilitation has been completed.
· The Environmental Management Council would like a copy of the Obstruction Study - Aerial Survey and Evaluation before finalization.

17)  Budget Transfers

 The Committee reviewed the budget transfers and discussed the shortage in Highway Materials account.  It was noted that although this fund is approximately $200,000 short the transfer of $50,000 would cover needed costs in anticipation of other sources of revenue that will be received during the balance of the year.

18)  Drug and Alcohol Testing RFP

Ms. Nelson reported that six to eight firms had reviewed the Request for Proposal online.  However, the only response was from the present vendor and its proposal did not include all the necessary information (including price).  A canvass of the firms which had reviewed the RFP online (but did not subsequently respond) indicated that:  one was too far away, one stated insufficient response time allowed; one was too small; one did not cover this type of service; and one concluded the proposed contract was not attractive.  As a result of the lack of response it was determined to re-post the Request for Proposals and perhaps extend the response time to allow for additional bidders.

19)  Approval to Seek Bids and Level of Committee Involvement - Gradall and Dump Trucks

 Mr. Lampman stated this request for approval is resulting from a request within the 2005 budget.  It is hoped to obtain information as early as possible for the bids to receive the equipment.  Consensus of the Committee was to seek the bids and bring the resulting information back to the Committee.

20)  Highway Division Status Report

 Mr. Marx reported the Human Rights office has been working with staff within the Division to assist in the development of an assessment survey that will provide information related to jobs and training.  Approximately one-half of the staff have indicated a willingness to do so.  Upon completion a written survey will be presented and subsequently reviewed.

21)  2004 Facilities and Infrastructure Goals

 Due to the lack of time this item will be placed on a January 2005 agenda.

22) Executive Session

 It was MOVED by Mr. Lane, seconded by Ms. Kiefer, to enter into executive in order to discuss negotiations at the airport.  Executive session began at 3:12 p.m.  There was no action taken during the executive session.

23) Adjournment

On motion the meeting adjourned at approximately 4:05 p.m. following completion of the Executive Session.

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