COUNTY FACILITIES COMMITTEE MINUTES – MARCH 9, 2020

DEBRA J. CODY, CHAIR

MEMBERS PRESENT:  Mr. Bush, Ms. Kuhn

MEMBERS ABSENT:  Mrs. Tassone, Mrs. Ervin

ALSO ATTENDING:  Chairman Knapp; see attached list

Chair Cody called the meeting to order at 10:30 A.M.  A motion was made by Mr. Bush, seconded by Ms. Kuhn, to waive the reading and approve the minutes of the proceedings from the previous committee.  MOTION CARRIED. 

1.     ONONDAGA COUNTY PUBLIC LIBRARY:  Steven Morgan; Chief Fiscal Officer

        a.     Amending the 2020 County Budget to Make Funds Available in Connection with the Central Library Reconfiguration Project ($2,370,612)

Mr. Morgan distributed the following:

• This resolution was related to the renovation for the library but has little to the do with the library going forward; requesting an additional $2.3 million for the OCPL Galleries Lease project
• These funds will pay the landlord cost for SUNY Upstate space through the first term of the lease - 2026
• Handout numbers and dates were reviewed
• Project setup to support both renovations for the new library space and vacating and preparing for the lease of floors 4 and 5 to SUNY Upstate

In answer to Ms. Kuhn, Mr. Morgan confirmed that he was referring to the Central Library located at the Galleries.

• Tenant fit-out roughly 60,000 square feet - 4^th and 5^th floor of the Galleries; project also paid the rent to the Galleries for floors 1, 2 and the basement
• Maintenance/Repairs/Janitorial Services for leased space on floors 4 and 5
• All items funded via current and future rent payments from SUNY Upstate
• Additional funds were added to the project in March 2018, original resolution requested $4.3 million, legislature reduced the amount to $2,355,520 - the amount needed to buy the space leased for the library on floors 1,2 and the basement; after a lot of deliberation the resolution passed and we own that library space - cost analysis supported purchase over leasing
• Project out of money; request $2.37 million strictly for managing the lease with SUNY Upstate – need to continue to support all landlord cost incurred
• Funds will again be funded with current and future rent payments from SUNY Upstate; not asking for tax dollars at this point, project will balance out in the future
• Project has many moving parts, can be confusing for those not around when it happened

Chair Cody said that Ms. Kuhn was not here and asked if Mr. Bush recalled the back and forth on this.  Mr. Bush answered that some of this was before his time.

Mr. Bush said that the entire scenario has been really convoluted and asked if Mr. Morgan had any idea how much the taxpayers invested in that building.  Mr. Morgan responded that taxpayers were not asked for tax dollars to renovate the space, aside from up fronting dollars to get these things done.  At the end of the day, the rent from SUNY Upstate will pay all costs associated with the renovation.  Mr. Bush asked the total costs from the start of the project.  Mr. Morgan responded that the detail expenses for the project are in the handout as reviewed. 

Mr. Bush asked if there was any way to break out the library portion of costs versus the rental from Upstate.  Mr. Morgan responded that it is the $2.3 used for the purchase and the rent paid for space on floors 1, 2 and the basement. 

In answer to Ms. Kuhn, Mr. Morgan said that tenant fit-out costs were for floors 4 and 5 and relate to the Upstate lease. 

Ms. Kuhn asked where the income was.  Mr. Morgan responded that this was just the expenditure side of the project.  All the revenue comes from the lease of the space to SUNY Upstate; about $746,000 per year.  It will take time for this project to balance out because of the large costs associated with the tenant fit-out and purchasing the space for the library.  This requested amendment to the budget is estimated to get us through the initial 10-year term of the lease, which is 2026.   Around that time they will be back to evaluate where they are at with the project and leasing that space.

In answer to Mr. Bush, Mr. Morgan said that the first 10-year lease will be up in 2026 and then there are two 5-year options.  Upon getting closer to that time they will be back looking for support to continue that relationship or a new relationship. 

Chairman Knapp said that he thinks Mr. Bush was looking for the cost to build out space for the library to move down in the Galleries.  Mr. Morgan said that he could get that information but those costs were not part of this but.  There was a bond resolution for about $7 million, which was the costs for the renovations for the library space, and some cash and grants were used.  Ms. Kuhn asked when this took place.  Chairman Knapp responded that it was about 5 or 6 years ago.  Mr. Morgan said that if he is not mistaken the work was done in 2017-2018. 

In answer to Mr. Bush, Mr. Morgan said that $2.37 million is the anticipated expense for the initial 10-year lease, ending 2026.  Hopefully Upstate stays on for 2 additional 5-year terms.  If not they will look to rent the space to another tenant. 

Mr. Morgan said that this resolution amends the budget for the project and allows them to continue to manage the lease with SUNY Upstate.  Chair Cody said that it is basically for landlord responsibilities associated with the lease.  Mr. Morgan agreed and said that it is a little odd that it is in a project but that is how it was established.  The overall financing plan for occupying space not previously occupied in the Galleries was to renovate and rent floors 4 and 5.  It will take time to bring those rents in to balance out this project but in the end, there should be no local dollars spent for gaining additional space for the library and outfitting the floors for lease to SUNY.

Mr. Bush said that he feels uncomfortable in the timeline being requested.  Rent and expenses will occur each year and he questioned if they would be reporting to the legislature on any of that.  Mr. Morgan responded that they would report if the legislature so requested.  As mentioned, they will be back towards the end of the first 10 years of the lease because they will probably have to request additional funding for this project and/or request a new lease.  Mr. Bush said that it makes him nervous to hear they will be coming back for more funds.  Chair Cody said that when the lease is up it will have to come back.   Mr. Bush said that he understands that part.  Chair Cody said that they could request an update for a year from now if desired.

Ms. Kuhn said that $746,000 multiplied by 6 additional years equals about $4.5 million.  Mr. Morgan responded that the upfront expenses incurred have to be funded.  Ms. Kuhn said that she thought that was taken care of.  Mr. Morgan responded that it is not taken care of.  The project is negative and will continue to be negative into the future as it will take time to balance out. 

Ms. Kuhn said that the expenses and budget appear to be balanced.  Mr. Morgan responded that the balance is just from an expenditure standpoint.  Ms. Kuhn said that she does not have the revenue side of the equation therefore she thought the revenue was $746,000 and that is why she did the multiplication.  Mr. Morgan said that it is but if you consider the years they have been leasing the space it falls far short of the $8.9 million expense.  After the 10-year lease, the project will still be upside down by $3 to $3.5 million.  After that, it will take another 8 to 10 years to get the project balanced. 

Ms. Kuhn said that there will be a lot of additional maintenance and repairs by then.  Mr. Morgan responded that this is why he mentioned that they will be back around 2026 to reevaluate this project and hopefully have a conversation about who will be leasing this space.

Ms. Kuhn asked if they were confident that $2.3 million would take care of the expenses for 6 years.  Mr. Morgan responded that this was their estimate; will be back before 2026 to ask for additional appropriation and revenues if it doesn’t.   

Ms. Kuhn said that it seems like this has to happen.  Mr. Morgan responded that this is their landlord responsibility.  Ms. Kuhn said that it is a tough spot to be in when they weren’t involved in the initial transaction.  Mr. Morgan responded that it is a creative financing plan.  They can criticize it for tapping into future revenues but it was a way to get the space needed for the library and the tenant fit-out costs without asking for taxpayer dollars.  Mr. Bush said that they were kicking it down the road. 

A motion was made by Ms. Kuhn, seconded by Chair Cody, to approve this item.  Passed unanimously; MOTION CARRIED. 

Mr. Bush said that he is going with this but it is horrible financing.  Mr. Morgan responded that it was an approach to get 30,000 square feet in the Galleries without asking for local property tax dollars.  Mr. Bush said that being upside down doesn’t make him feel comfortable.  Mr. Morgan said that a lot of projects are upside down at some point.  Chairman Knapp said that this has been a resounding success.  The library moved down to the first floor and it is beautiful.  The things they do there are incredible and that end of town is seeing a resurgence.  Between the Allen building, the library and the Hotel Syracuse everything is going in the right direction and this is what they did to avoid tapping into local dollars.

In answer to Ms. Kuhn, Mr. Morgan said that this is not local dollars, it is current and future revenues for leasing the space.

Mr. Bush noted that the library director was present.  Mr. Christian Zabriskie introduced himself and said that the library shares use of this space, needs their help and appreciates their support.  Chair Cody thanked Mr. Zabriskie for attending.

2.     TRANSPORTATION:  Marty Voss, Commissioner

        a.     Authorizing an Intermunicipal Agreement with Oswego County for Bridge Repairs Associated with the Caughdenoy Road Bridge over the Oneida River ($650,000)

Mr. Voss:

• Bridge jointly owned with Oswego County, located in the Town of Clay, 14^th legislative district
• Project concept started in 2017, funded in 2018 work plan, moving toward 2020 construction – project to start as soon as the IMA is signed
• Total estimate $1.3 million for repairs and bridge reconstruction, don’t believe it will get that high; 50/50 cost split between Oswego and Onondaga Counties, not to exceed $650,000 each
• Worked with Oswego County Legislature to find IMA for the same bridge in 1997, used as a baseline to create this IMA

In answer to Chair Cody, Mr. Voss confirmed that this bridge is where you cross into Oswego County in the Town of Hastings.

In response to Chairman Knapp, Mr. Voss said that Onondaga County will handle the bidding and hire the company.  Chairman Knapp said that we will be the project lead.  Mr. Voss responded that it is just a cleaner way to do it.  Chairman Knapp said that Oswego will then pay us for their share.

Mr. Voss said that he will be back next month for the work plan.

A motion was made by Mr. Bush, seconded by Ms. Kuhn, to approve this item.  Passed unanimously; MOTION CARRIED.

Chair Cody adjourned the meeting at 10:54 A.M.

Respectfully submitted,

KATHERINE M. FRENCH, Deputy Clerk

Onondaga County Legislature

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PUBLIC SAFETY COMMITTEE MINUTES – MARCH 9, 2020

CHRISTOPHER J. RYAN, CHAIRMAN

MEMBERS PRESENT:  Mr. Rowley, Ms. Kuhn, Mr. Holmquist, Mr. McBride

ALSO ATTENDING:  Chairman Knapp; See attached list

Chairman Ryan called the meeting to order at 12:03 p.m.  A motion was made by Mr. Rowley, seconded by Ms. Kuhn to waive the reading and approve the minutes of the previous committee meeting.  Passed unanimously; MOTION CARRIED. 

1.     SHERIFF’S DEPARTMENT:  Sheriff Eugene Conway

        a.     Amending the 2020 County Budget to Make Funds Available for Use by the Sheriff’s Office Within its STOP Violence Account ($249,989)

• Originated with Superintendent of Onondaga Central, Rob Price; law enforcement agency required to be partner for grant; welcome opportunity
• Grant will cover 7 districts, total of 21 schools; grant primarily provides training to school personnel and students; training coordinated through Boces and Cornell University
• Grant length can be upwards of 5 years to get all parties trained; Sheriff’s Office important part of Onondaga County School Safety Task Force – this will help task force get training in hands of school personnel and students
• Grant does not provide equipment (i.e. locks for school); it is for assessments on mental health; expertise given to Cornell University, coordinated through OCM Boces
• Grant will build on current efforts to enhance violence prevention and improve ability to respond to related mental health crisis; talk about violent behavior in schools; creation of multi-disciplinary program for school staff and teachers
• This is not for treatment; lead to better assessment of students who may have propensity to be violent in schools

Sheriff Conway stated he can provide the committee with the full description of the narrative.  Chairman Ryan said that would be great.

Sheriff Conway responded to Chairman Ryan that all the schools are in Onondaga County.  Chairman Ryan asked how schools sign on and benefit, and Sheriff Conway responded that Superintendent Price would be the one to answer that.  The grant writer is from OCM Boces.  Cornell University’s connection is a Therapeutic Crisis Intervention for Schools Training of Trainers.  Sheriff Conway agreed with Ms. Kuhn that the money is going to training trainers and school personnel.  No match is required by the County.  Ms. Kuhn asked if it’s funneled through the Sheriff’s Office.  Sheriff Conway explained that they have reporting requirements, are part of the team that coordinates personnel and training, and will provide input as the law enforcement agency.

Mr. Rowley asked if the grant is reimbursable, or if funding is up front, and Sheriff Conway responded that he is unsure, but believes it is not reimbursable.

Sheriff Conway confirmed for Ms. Kuhn that Superintendent Price is with Onondaga Central Schools.

A motion was made by Mr. Holmquist, seconded by Mr. McBride, to approve this item.  Passed unanimously; MOTION CARRIED.

        b.     INFORMATIONAL:  Grant Funded Vehicles

Chairman Ryan stated this is regarding a request for the Sheriff’s Office to purchase 20 vehicles.

Chairman Ryan asked what is normally funded using the telephone account and Stop DWI.  Sheriff Conway replied:

• Telephone account is generated from revenue of inmates using telephone services; percentage comes back to Sheriff’s Office; some discretion on how funds utilized
• Also commissary account for Custody and Corrections - derived from inmates who purchase things of commissary nature; through agreements with vendors, Sheriff’s receives a percentage of revenue
• Both are regulated by Commission on Corrections as to what the funds can be utilized for
• Stop DWI – Sheriff’s receives percentage of fine money from DWI’s; DA also receives money based on DWI arrests
• Program in existence for many years; money goes to separate account to use towards things that speak to DWI including (i.e.) enforcement, prevention and education; coordinated through Mr. Barry Weis

Ms. Kuhn asked if any of the funds go back to inmate needs.  Sheriff Conway responded that Stop DWI funds are not connected, but the telephone account is.  It is used for Inmate Welfare Rehabilitation based on guidelines.

Sheriff Conway responded to Mr. Rowley that they are using some of the telephone account for vehicles; commissary would not be allowed.  Mr. Rowley asked what the BOMB Squad Initiative Grant is that is being used for a vehicle.  Sheriff Conway answered that they apply for multiple grants and are usually successful getting some funds.  The grants have to be used in ways related to the grants purpose, and this grant would include (i.e.) training or vehicles.  As part of the grant authorization, the Sheriff’s Office has to provide services to not only Onondaga County, but throughout Central New York.  Mr. Rowley has not heard of the SCAAP (State Criminal Alien Assistance Program) grant.  Sheriff Conway explained that those funds come through Custody, and it is a statewide grant that all Sheriff’s Offices receive.  It is usually around $20,000 - $40,000 done with a special formula that is calculated and automatic every year. 

Mr. Rowley said the funding for the vehicles is roughly $565,000 and asked if all of the funds have been encumbered in the various accounts.  Sheriff Conway replied yes.  Mr. Rowley said they received information on revenue and expenditures year by year, but it does not show the balances on these accounts.  What are the balances after the encumbrances for the Custody and Corrections telephone accounts?  Sheriff Conway responded that he does not have that in front of him, but they do have tracking on the balances.  Mr. Rowley requested the balances on all the accounts after the encumbrances for the vehicles.  If they are using funds now, then it would be nice to know what is left for future use for vehicles.  Sheriff Conway explained that there are guidelines for the accounts.

Mr. Rowley said the Legislature authorized $325,000 for vehicles and asked if those vehicles have been bought.  Sheriff Conway replied:

• That amount comes to 9.5 vehicles; feel strongly that it is not sufficient; department has had a Vehicle Fleet Replacement Plan since he began his administration
• Patrol vehicles unique - cannot buy on lot or order; there are only certain dates manufacturer makes the police patrol vehicles; build date, start date and end date – if miss the date, the manufacturer does not build more; wait for next year
• Have to abide by the dates; vendor does not care about budget cycle; have to be conscious of when dates are to get order in, otherwise miss for the year; biggest concern with patrol vehicles, which were most of request for 2020
• All replacement vehicles; not increasing size of fleet
• Order for the 9.5 vehicles has been placed – not ordering 29 vehicles
• Original request was 23 vehicles; forecasted out for 2-3 years; total dollars originally requested was $800,000
• Additionally there are vehicles involved in accidents – 3 with extensive damage and totaled; all happened since budget; none were deputy’s fault
• When vehicle totaled and money recovered, the money goes to the general fund; lost not only 3 vehicles, but the funding to replace them; do not understand the rationale

Mr. Rowley stated he does not understand that either, as they should be getting the recovery money to replace the vehicles.  Ms. Kuhn asked if this is the way it has always been, and Sheriff Conway said yes.

Chairman Ryan said there are Ford Interceptors and a pickup for Jamesville.  Is the pickup for maintenance?  Sheriff Conway responded yes; salting and plowing facility.

Sheriff Conway confirmed for Chairman Ryan that there are 7 total Ford Fusions for CID and Internal Affairs.  Chairman Ryan asked if there is a difference between CID and Internal Affairs, and Sheriff Conway answered no really.  It is non-emergency work, and they buy the Ford Fusion off the state contract.  CID vehicles are take-home, which is contractual.  Internal Affairs also has take-home, since they are called in at all hours of the day and night.

Mr. Rowley asked if the Sheriff’s Office receives money from vehicles that are taken to auction, and Sheriff Conway said no.  Ms. Kuhn asked how that gets corrected.  Mr. Rowley said, from his perspective, the funds should be recognized in the Sheriff’s revenue, and they should do a budget amendment to appropriate the revenue to be used for replacement vehicles.  If they auction 20, they may have enough funds for 1 or 2 new.

Mr. Holmquist stated:

• Vehicles have always been hot topic, particularly with Sheriff – most Legislators not public safety professionals
• Venue tough to get all details and information; would help all involved to have venue (i.e. Vehicle Use Review Board - VURB) where they can get updated on regular basis
• Communication needs to be consistent; this way all Legislators would understand everything involved
• Tough to do in one meeting; problems caused by lack of communication; maybe meet with VURB and report here
• Want all on same page as this is a year round topic; situations change constantly

Sheriff Conway commented that he will provide all information they request, and he would like this to be an understood subject as much as possible.  It is an annual subject.  Chairman Ryan stated that this is a good point by Legislator Holmquist.  The chair of VURB is here, and Chairman Ryan is also a member.  There has been digression of what VURB should be, and what comes in front of them.  If there is a vehicle in an accident, the committee does not want the department to be short.

Chairman Knapp stated that Legislator Holmquist nailed it with communication, and he applauds Sheriff Conway for finding the money for the vehicles.  $560,000 for 20 vehicles is a major purchase, so some kind of communication with the committee, or Chairman, sharing the information would be appreciated.  Instead, this came down to VURB on Tuesday or Wednesday, and the deal would be lost if it was not done by Friday.  The Legislature would like time to digest it, even though it is a good surprise seeing that they are purchasing 20 vehicles that tax payers are not paying for directly. 

Sheriff Conway cannot in good conscious accept 9.5 vehicles, when he knows they will come back again in two years to ask for 50 vehicles.  This is why there is a Vehicle Replacement Plan.  Unless something changes in requests and what is granted, Sheriff’s will be back next year purchasing vehicles through discretionary funding.  Ms. Kuhn asked why it was last minute, and Sheriff Conway responded that it goes back to deadlines and submitting orders for the patrol vehicles.  Sheriff Conway explained that they do not know what the budget will be until November, and they cannot spend 2020 money until January 1^st.  They have to get ahead of the curve, but are barred by how the process is.  Plus they are acting on the manufacturers deadlines.

Chairman Ryan requested a copy of the most updated Vehicle Replacement Plan.  Sheriff Conway agreed and said it goes out to 2022.  2021 request is 25 vehicles, and 2022 is 24 vehicles; most being patrol vehicles.

Mr. Holmquist asked if there is anything automatic with a department losing vehicles in collisions, and Sheriff Conway replied there has never been anything in place.  Mr. Holmquist asked if that is a possibility and would this help.  The Legislature knows there will be car crashes, so maybe put money into contingency.  Sheriff Conway explained that it’s not a timeliness issue, but a revenue issue.  It would be better to have the revenue go into the vehicle line for the next year.  Always able to manage with fewer vehicles until the next year replacement.  Two of the three patrol vehicles totaled were parked at the same scene, and a truck took them out.  The third was a deputy going through an intersection, and they were hit by a DWI person.  The revenue from those insurance claims should go to the Sheriff.  Mr. Rowley stated that the revenue is budgeted for in a miscellaneous revenue line, but it is not pegged to vehicles.  There is a guess as to how many vehicles are sold or totaled, and it is used to balance the budget.  Chairman Ryan said if the money is put into a miscellaneous line, then it can be appropriated to vehicles.  Mr. Rowley said it is already spoken for in the Sheriff’s budget.  They have to think outside the box to figure out how to handle vehicles when they’re taken out via accidents.

Chairman Ryan requested an updated list of take home vehicles.

2.     INFORMATIONAL:  Cancer Prescreening for Firefighters

Chairman Ryan:

• Working on it with President for NYS Firefighters Cancer Foundation
• Something the committee should advance; moving beyond concept and working with legal to complete stipulations for what they define screening as; if not county employees (very few are), how do they fund and reimburse
• Firefighters at 100% greater risk of being diagnosed with lung cancer over general population; if diagnosed at stage 1, then survival rate exceeds 90% - if they can control this at early stages, that would be great

Ms. Kuhn commented that her father was a New York City firefighter who died of lung cancer, and it was directly related to a fire he was in.  There was no screening back then, so this is very important.  Chairman Ryan said the New York City Firefighter Cancer Foundation does a lot of work and raises a lot of money.

A motion was made by Ms. Kuhn, seconded by Mr. McBride, to adjourn the meeting.  Passed unanimously; MOTION CARRIED.

The meeting was adjourned at 12:46 p.m.

Respectfully submitted,

JAMIE McNAMARA, Assistant Clerk

Onondaga County Legislature

* * *

PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES – MARCH 11, 2020

KEVIN A. HOLMQUIST, CHAIRMAN

MINUTES

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HEALTH & HUMAN SERVICES COMMITTEE MINUTES – MARCH 11, 2020

JULIE ABBOTT-KENAN, CHAIR

MEMBERS PRESENT:  Dr. Chase, Mr. Bush, Mr. Kinne

MEMBERS ABSENT:  Ms. Cody

ALSO ATTENDING:  Chairman Knapp, Ms. Kuhn, Mr. Jordan; See attached list

Chair Abbott-Kenan called the meeting to order at 10:38 a.m.  A motion was made by Dr. Chase, seconded by Mr. Bush to waive the reading and approve the minutes of the previous committee meeting.  Passed unanimously; MOTION CARRIED.

1.     COMMUNITY SERVICES ADVISORY BOARD:

        a.     Confirming Reappointments to the Onondaga County Community Services Advisory Board (Indu Gupta M.D, Jennifer Redmond, Monika Taylor)

A motion was made by Mr. Kinne, seconded by Dr. Chase, to approve this item.  Passed unanimously; MOTION CARRIED.

2.     VETERANS SERVICE AGENCY:

        a.     A Local Law Amending the Onondaga County Charter and Administrative Code Regarding Veterans’ Services

        b.     Providing for Various Personnel Changes Related to the Reorganization of Adult Services and Amending the 2020 County Budget

A motion was made by Mr. Bush, seconded by Dr. Chase, to approve items 2a and 2b.  Passed unanimously; MOTION CARRIED.

3.     SOCIAL SERVICES – ECONOMIC SECURITY:  Sarah Merrick, Commissioner

        a.     INFORMATIONAL:  Medicaid

Ms. Merrick stated that they still take care of 40% of the work.  The state was supposed to completely take over the work by 2018, but that has not happened.  The department is handling the work for the hardest cases, including going through all financial records (i.e. bank records, investment portfolios, trusts) to ensure the person did not pass off their investments to friends or family members.  This disqualifies them (for a period of time) from eligibility for Medicaid.

• $2 Billion of the increased costs of Medicaid are due to the minimum wage increase alone

• NYS exchange handles 60% of cases; County handles 40% of the cases
• Cases went from 55,000 to 124,000 in 2019; cannot have that jump and expect costs to stay flat and not increase 

• Chart is Onondaga County alone – 2021 Governor budget best guestimate numbers
• Governor says the County needs to keep growth at or under 3%, but there is no year below 3%; state has said the annual growth is at 5.5%; in budget, it says local growth has to stay under 3%, or there will be penalties
• Last column is guestimate of what would happen; language in the budget is very convoluted; many attempts by NYSAC to get straight language on how to run the numbers
• 2015 and 2018 numbers are where the growth started; ACA picked up steam with people applying; numbers are as good as what state provides; ebbs and flows; but rapid increase is the expansion of ACA

• County does not have its own rules; follow state and federal rules – department is audited all the time; if they vary from laws and policies, then run risk of financial penalties
• Lot of misinformation about controlling spending – County does not control, or set, eligibility standards
• State and federal government controls the eligibility standards; Medicaid falls under the NYS Department of Health; package is presented to state Legislature, who has control over the package of services, which the state administers
• State Legislature voted and accepted expansion of the Affordable Care Act (ACA)

Chair Abbott-Kenan asked how many cases are sent in for fraud.  Ms. Merrick responded that it is nowhere close to what it used to be, but she will get a number.

• How are county governments going to generate funding for the increased costs of Medicaid being passing to local level
• If pass 2% cap, then financially penalized; have to keep increase to 3% (no control, state says increase at 5.5%)
• Range based on NYSAC calculator - $2 million to $12 million; best guestimate based on language

Chairman Knapp said Ms. Ann Rooney and Ms. Sarah Merrick are doing a great job navigating this process.  Several years ago, the state made a deal with the County to impose a property tax cap in exchange for taking over the growth of Medicaid.  It has worked for the past several years, and the County has not only stayed below the 2% cap, but taxes have not been raised.  The projected numbers would decimate the County, and any discretional spending would be out the door.  New York City is looking at $1.1 billion, and Erie County may be under a financial control board because of it. 

4.     INFORMATIONAL:  Coronavirus

Chair Abbott-Kenan discussed with Dr. Gupta about having a standing update on Coronavirus as long as there is a health crisis going on around the world.  

Dr. Gupta:

• COVID-19 (disease) - new strain resulting in new infections around the world; US latest numbers are 1,025 with 28 deaths; 173 in NYS, with most in Westchester County (108); expect something will happen everywhere
• Focus on prevention - working with health care sector
• Testing – identification of cases in terms of providing correct testing; work with them to make sure if someone tests positive and discharged, make sure they are taken care of
• Role of Health Department – primarily surveillance, data collection and informing community of prevention strategies
• No vaccine, no medication, antiviral for flu – best bet is each other, what we can do; do not underestimate power of people; put things in process at home, work and touch points in community
• Parallel to flu; US – flu illness affects 39 - 40 million each year; medical visits range from 16 - 23 million; flu deaths estimated at 20,000 – 52,000
• New virus – concerned, but do not panic; live lives and do everything to protect ourselves, families and community
• Stay home when sick; if coughing, use mask; wash hands with soap and water, as well as sanitizer (60% alcohol)
• If child sick, keep home; talk to employer if is sick
• Working together with health system -  outpatient primary care, senior living, schools, etc.
• County Executive Ryan McMahon, Deputy County Executive Ann Rooney and Commissioner Dan Wears (Emergency Management) meet every day to go through things; talking to community in large
• Important to have information; if things change; will inform public in timely manner
• Emphasizing personal protection

Chair Abbott-Kenan commented that she appreciates the daily updates and staying ahead of things.  Dr. Gupta said there is something everyone can do, and they should not feel paralyzed.  The problem is here in the US and Westchester County.  What can we do to mitigate?  What is in our hands?  Talk to children, parents and grandparents.  Dr. Gupta said they have to work together and continue getting information from the right sources.  The Center for Disease Control (CDC) website is a great resource.  Learn about the importance of a future vaccine, because vaccination saves lives.  There will be no vaccine for a year and a half, and there are no antiviral medications.  The many diagnoses are good to know what is happening in each community, and what they can do to prevent it in the future.  

Mr. Bush requested to be added to the mass emails of information.  Mr. Wears said they did add a few Legislators, and they will expand on that.  Ms. Rooney asked everyone to sign up for the OnAlert system, which provides instant messaging.  Mr. Bush said it will be helpful to pass on information to constituents.

Mr. Bush asked what the main difference is between this and the traditional flu.  Dr. Gupta responded:

• Very new virus; belongs to family called Coronavirus, which is common cold virus
• COVID 19 virus -  jumped from animal to human; started in China; when virus jumps from one species to another, it changes character and becomes stronger with new host; this creates more symptoms and more severity
• It attacks different age groups - mostly older folks, same as flu; flu varies with affecting young people
• Will it be seasonal?  Will it go away with the warmer season? Will it come back in fall?
• Best thing to mitigate it; prevent transmission of virus – staying 6’ away to talk to someone with protective gear
• Transmitted with droplets – coughing or sneezing, touching a surface, then touching face
• Learning how it will behave – concern what will happen; as well as treatment and vaccination strategies

Chairman Knapp said thank you for coming, and said the level of communication has been outstanding.  The big message is that the County needs to speak in one voice.   If someone is feeling sick, they need to call their doctor; not go to the Emergency Room.  If they go to the ER, they will infect everyone there.  People need to call their doctor, and they will know what steps to take. 

Ms. Rooney commented that they are working day and night to make sure hospitals are not overrun when people have a heart attack, broken leg or car crash.  The results indicate that many more people will go to the hospitals.  Potential social distancing is to help maintain the health system.  Past pandemics show people who could not get through the health system for typical things not related to the pandemic. 

Chairman Knapp asked if China reached a peak, and Dr. Gupta responded that it is hard to tell.  It could go on for quite some time.  Dr. Gupta reinforced the point Chairman Knapp made that if someone is sick, they need to call their doctor.  They will do phone triage, so the doctors are not overrun.

Dr. Gupta replied to Mr. Kinne that Germany has quite a bit of cases, and they are currently higher than the US.  To see the cases around the world, go to gisanddata.  Right now there are 121,000 confirmed cases, 4,300 deaths, and Germany is at 1,050 cases.  The majority of deaths in the US were at the Seattle nursing home.  Information is also available on the CDC website and http://www.ongov.net/health/coronavirus.html.  The Onondaga County Health website has a Coronavirus button, and within that page are active links for how to take action.  It is important to stay informed and be engaged in protecting each other, family and the community.  NYS Department of Health has a 1-888 number, and there is a lot of information regarding the NYS cases.

Mr. Bush wanted to know what happens if a person does not have a primary care provider.  Dr. Gupta explained that most of these people are going to the emergency room.  Onondaga County has a high rate of insured, so a majority will go to their primary care doctor.  Dr. Gupta said they are trying to come up with ways to deal with these situations, and to help guide people.  The testing is very streamlined, but it’s not for those feeling fine.  There are criteria on the NYS website. 

Ms. Kuhn asked what the County is doing for the homeless population.  Ms. Rooney answered that they are working with Human Services leadership consult to make sure the information is getting out to them.  There are also posters being provided, and the best places to post them is in public restrooms.

Mr. Bush stated that he would like a representative from Vera House to come and speak to the committee about what they are doing, their relationship with the County and funding.  Chair Abbott-Kenan said she will reach out.   

A motion was made by Mr. Bush, seconded by Dr. Chase, to adjourn the meeting.  Passed unanimously; MOTION CARRIED.

The meeting was adjourned at 11:25 a.m.

Respectfully submitted,

JAMIE McNAMARA, Assistant Clerk

Onondaga County Legislature

* * *

ENVIRONMENTAL PROTECTION COMMITTEE MINUTES – MARCH 11, 2020

CASEY E. JORDAN, CHAIR

MEMBERS PRESENT:  Mr. Holmquist, *Mrs. Abbott-Kenan, Dr. Chase

MEMBERS ABSENT:  Mrs. Tassone

ALSO ATTENDING:  Chairman Knapp, Mr. Bush, Ms. Kuhn; see attached list

Chairman Jordan called the meeting to order at 12:02 p.m.  A motion was made by Dr. Chase, seconded by Mr. Holmquist, to waive the reading of the proceedings from the previous committee.  MOTION CARRIED.  A motion was made by Mrs. Abbott-Kenan, seconded by Dr. Chase, to approve the minutes of the previous committee meeting.  MOTION CARRIED. 

1.    ONONDAGA COUNTY SOIL AND WATER CONSERVATION DISTRICT: 

       a.    Confirming Reappointments to the Onondaga County Soil and Water Conservation District Board (Craig S. Dennis, John Lemondes, David Coburn)

A motion was made by Mrs. Abbott-Kenan, seconded by Dr. Chase, to approve this item.  Passed unanimously; MOTION CARRIED.

2.     ENVIRONMENT, OFFICE OF:  Travis Glazier, Director

        a.     A Local Law Amending the 2004 Stipulated Judgment Between Honeywell International Inc. (Honeywell) and the County, Authorizing the Lease of Two Parking Areas From Honeywell and Authorizing the Execution of Agreements

Mr. Glazier discussed items 2a, b and c simultaneously:

• ACJ and CERCLA are separate cleanups for Onondaga Lake -  CERCLA is also known as the superfund which is between Honeywell or its predecessor Allied Signal and the DEC
• Allied Signal sued Onondaga County as a potentially responsible party (PRP), between 1995 and the early 2000s’ the county and Allied Signal were embroiled in litigation; that defense cost millions of dollars
• Honeywell bought Allied Signal; in 2004 the county and Honeywell agreed to the Stimulated Judgment – a far-reaching and complicated document that settled all legal disputes between the county and Honeywell and protected the county from future lawsuits and saved the county tens of millions of dollars; still hold the county was never a PRP
• That agreement has served the county well for 16 years and is still relevant today; language contains much ambiguity
• Remedial use fees were used to incentivize Honeywell to get properties back into productive use within a reasonable period of time and to ensure the county had a seat at the table; had disagreements on every aspect of the meaning of remedial use fees sense the ink dried, everything from what constitutes achieving a point where fees are not applicable to which properties are not covered by the fees; complicated language
• This resolution is the county’s attempt to resolve those conflicts; the stipulated judgment states that payments are due by the end of the year from Honeywell
• The federally lodged document requires many approvals beyond the legislature
• Local law (2a) allows the county to accept 40 acres of lakeshore property, enter into 2 lease agreements - one long-term with a minimum of 10-years and two 3-year extensions, and an additional year-to-year lease for up to 10-years, on two 20-acre lots in the Willis Ave. parking area
• Budget resolution (2b) accepts $625,000 in the 2020 budget for Loop the Lake improvements
• SEQRA approval for Type 1 action(2c), negative declaration for all these components
• This agreement is for the last privately owned property around Onondaga Lake, located on the southwest shore, the lease is the Willis Ave. parking area which the county can use to offset parking at the amphitheater, or sell parking for events to generate revenue for the county, and a $625,000 payment; on the other side, this agreement extends the suspension period for the remedial use fees an additional 10-years for the remaining properties and clarifies the ambiguity within the agreement by establishing the qualifying uses and gets back to the original spirit of the agreement, which is to find common ground to advance the cleanup of Onondaga Lake
• Remedial use fees were never intended to be a revenue source for the county, was always intended to be a hook; nominal amounts compared to the cleanup and liabilities

Chairman Jordan said that the local law provides for the county to take title to several parcels that the environmental review references as contaminated pieces of property.  The DEC could come back and the county would be responsible for future remediation or cleanup of these properties as nothing in the local law refers to Honeywell retaining financial obligation; questioned if he is missing something.  Mr. Glazier responded that 5 parcels make up the lakeshore property.  Those properties established remedial action objectives (RAOs) which set forth that those properties be remediated to a state where they will be acceptable for commercial park usage.  The properties have achieved the RAOs set forth and there is a Record of Decision (ROD) on the site.  The site is being used as intended.  Regarding long-term obligations, the consent orders that exist between Honeywell and DEC remains in place.  In no way are we indemnifying Honeywell of any of its obligations.  Similar to the western shore trail and amphitheater sites which are Honeywell remediation sites that the county owns but Honeywell retains all responsibility for dealing with their cleanup.  Honeywell will maintain all operations and maintenance on the remedies themselves and retain responsibility for any releases or failures within the cleanups themselves under the consent orders.  The county is also indemnified within the stipulated judgment itself from lawsuits against Honeywell. 

Chairman Jordan asked to be provided with the documentation that substantiates Honeywell is retaining liability for any future remediation or cleanups needed on the property.  Mr. Glazier responded that the information can be sent.

Dr. Chase said that this conversation is not new for this property.  About 2 years ago they were advised to stay away from it because of the liability issues; if county-owned, could not guarantee that the county wouldn’t be responsible if there were some issues.  It doesn’t seem as if anything is anything is different.  Mr. Glazier responded that he did not recall what she was talking about.  The county retains some responsibility under the NRD for an easement, which they retain no matter what.  About what has changed, the ROD for this site came about over the summer of 2019 and it is the final step in the remedial process.  It establishes what the final cleanup is and Honeywell has or is completing all the steps.  In answer to Dr. Chase, Mr. Glazier confirmed that Honeywell will forever be responsible for any releases associated with the site under the consent order. 

Chairman Jordan said that this is contrary to normal property law and he will need something more concrete to substantiate that Honeywell will remain liable for any causes of action that arise out of the use of the property or future remediation or clean up needed.  Mr. Glazier responded that normally when there is a property transfer from PRP to a third party they clarify that issue.  In this case, the stipulated judgment acts as the backstop against that.  The judgment itself states that Honeywell is responsible for any actions taken against the county associated with their cleanup.  Mr. Yaus said that we have already agreed to an easement on these parcels for the West Shore Trail so we will have an ownership interest on these parcels regardless of this transaction.  The stipulated judgment is key – Honeywell released all claims against the county for these parcels.  Honeywell is and will remain responsible and there are third-party indemnifications that go along with that.  Honeywell also signed orders in which they affirmed their responsibility for these sites with the DEC.  Like the amphitheater, our purchase agreement itself will say that we are not taking any liability.  The final step will be to amend the court document in which Honeywell concedes they need ongoing access for their permanent and long-term maintenance.  There is a plethora of protection.  Honeywell understands, per agreements and conversations, that they will always remain responsible for remedial actions of the site.

Dr. Chase questioned if the plan was just to put the trail through the site.  Mr. Glazier responded that the trail has already been completed.  Ms. Primo responded that a master plan will be developed to determine how to use these lands; maybe parks and a mixture, not sure yet.   

Chairman Jordan asked to be provided with the lease agreement for parking. 

Mr. Bush questioned what happens if Honeywell goes bankrupt.  Mr. Glazier responded that the assurances under each consent order establish Honeywell’s allowances for showing their ability to meet their commitments, which is between the DEC and Honeywell.  Honeywell’s last prospectus showed 20 million dollars’ worth of revenue, which the DEC accepts in place of some sort of legacy account.  Mr. Bush said the DEC accepts the financial responsibility if Honeywell goes belly-up; no bond is being put up.  Mr. Glazier responded that this is a Superfund site and Superfund deals with sites that may have been abandoned.   They take in a certain amount of money which is extra revenue used to clean up CERCLA sites that have since been abandoned.  Also, the DEC and EPA are both on the hook when they establish an NPL site, which Onondaga Lake is.   

Dr. Chase asked if they dealing differently with the parking lots.  Chairman Jordan responded that the local law has everything all together.  Mr. Yaus said that it is a package deal because it is a court document that governs what has to be provided to the court.  Dr. Chase said that it is weird because they aren’t buying the land, just leasing it to park cars. 

A motion was made by Mr. Holmquist, seconded by Mrs. Abbott-Kenan, to approve this item.  AYES:  2 (Holmquist, Abbott-Kenan); NOES: 1 (Chase); ABSTENTIONS: 1 (Jordan).  MOTION CARRIED.

       b.    Amending the 2020 County Budget to Accept Funds Related to Amendments to the 2004 Stipulated Judgment Between Honeywell International Inc. and the County ($625,000)

A motion was made by Mr. Holmquist, seconded by Mrs. Abbott-Kenan, to approve this item.  AYES:  3 (Holmquist, Abbott-Kenan, Jordan); NOES: 1 (Chase).  MOTION CARRIED.

       c.    Approving the Classification of a Type I Action Under the State Environmental Quality Review Act; Accepting the Environmental Assessment Form; and Accepting and Adopting the Negative Declaration for Proposed Amendments to the 2004 Stipulated Judgment Between the County and Honeywell International Inc.

A motion was made by Mrs. Abbott-Kenan, seconded by Mr. Holmquist, to approve this item.  AYES:  3 (Holmquist, Abbott-Kenan, Chase); NOES: 0; ABSTENTIONS: 1 (Jordan).  MOTION CARRIED.

3.     WATER ENVIRONMENT PROTECTION:  Frank Mento, P.E., Commissioner  

        a.     Authorizing the Execution of an Order on Consent with the New York State Department of Environmental Conservation Relative to the Settlement of the Amended Consent Judgment

PULLED

        b.     A Resolution Approving the Proposed Leasing of Sewer Systems from Certain Municipalities within the Onondaga County Consolidated Sanitary District

Mr. Mento:

• Lease materially the same substance and format; still, a 40-year lease, 4 10-year continuous renewals with the landlord and tenant obligations remaining much the same
• 2 minor language adjustments:
• Section 3.2 (b) - municipalities may be eligible for up to $200,000 in debt relief after surplus is paid down, added an alternative provision intended to be supportive of municipalities without debt which states:

Alternatively, at Landlord’s election and in conjunction with a village main street or a town center or hamlet development project commenced within five (5) years of the Effective Date, Tenant may perform up to Two Hundred Thousand dollars ($200,000.00) worth of Onondaga County Department of Water Environment Protection (WEP) approved green infrastructure projects

2)     Yesterday the EFC requested minor language changes relating to how these things are financed and paid for:

Mr. Yaus said that the language changes create a better position to maximize EFC financing by added clarity.  They are simply factual statements.

Mr. Mento:

• The Meadowbrook-Limestone service area is Phase 1 of the program -
• WEP and county law had several meetings with the local municipalities and trustees in that area; currently have the Town of Manlius, the Village of Manlius and are very close to having the Village of Fayetteville onboard
• Towns of Dewitt and Pompey are next week; general acceptance within the community, hope it continues
• Want to move forward with this initiative in support of Meadowbrook-Limestone service area being under a consent order

Chairman Jordan said that within the City of Syracuse we have already spent $700 million under the ACJ; wasn’t some of that work on infrastructure owned by the city?  Mr. Mento responded that work done under the ACJ was partially city and partially county infrastructure that was paid for by the entire consolidated district.  The precedent has been somewhat set for helping out the city, which pays a higher percentage of the sanitary budget as they have a significant amount of users.  The same thing is going to now apply to the towns and villages; those that contribute today will benefit in the future when their turn comes up. 

Chairman Jordan asked how the work was performed on city infrastructure without a lease.  Mr. Mento responded that it was all under a court order so things go differently.  He was not part and parcel of the early stages of this but in general, the legal requirements obligated the county as the permit holder to make the necessary changes.  That exact thought process goes with consolidations.  They are responsible at the end of the pipe but sometimes aren’t responsible for what is in the middle or the beginning.  The same principals will apply as they move forward with the towns and villages.

Chairman Jordan asked if there was any reason why they couldn’t do the same thing they did with the City of Syracuse in the Meadow-Brook Limestone District.  Mr. Mento responded by asking if Chairman Jordan was saying he wanted to come under a consent order and federal oversight to handle these things.  In general, they want to take proactive steps as a whole community to deal with stuff before DEC comes down with local permits to towns, charged back to the local municipality and not the entire district.  Chairman Jordan said that he is not talking about the broader concept countywide; in this particular instance, could we do the same thing we did with the city and maybe deal with the idea of consolidating county-wide after the fact.  He doesn’t think that this is a prerequisite for doing the work that needs to be done in the Meadowbrook-Limestone service area.  Ms. Primo said that the DEC has only been comfortable with this approach because they see it as a definitive stand by the county to do what they have to do to address the I & I.  Without doing this they are going to be required to make big and expensive improvements to Meadowbrook-Limestone. 

Chairman Jordan said that they were comfortable enough with us working in the City of Syracuse, which is a more significant project.  Ms. Primo interjected saying that she understands what Chairman Jordan is getting at.  Law may have to explain this but what happened in the city was because of the combined sewers.  That flow severely desegregated our streams and lake and they were not going to stand for it any longer.  It was a very long process and, in the end, they were given the authority to make those changes on some city assets.  Ms. Harty said that, from a technical standpoint, the ACJ looked at spot solutions for relieving the stormwater issues where consolidation was a comprehensive solution to the entire collection system.  Rather than looking at major wet weather treatment facilities to handle stormwater the approach they are taking at Meadowbrook-Limestone is different in that they are going all the way from the lateral through the entire collection system and rehabilitating the infrastructure, which is very different from the approach taken in the City of Syracuse.  The City of Syracuse did not rehabilitate the existing sewers.  That is where she sees the difference and where DEC is supporting this approach because it is contiguous ownership under the county umbrella and the ACJ approach didn’t address continuous ownership.

Chairman Jordan said that he understands all that but it still seems like the county could effectuate the repairs that need to be done with an IMA.  Discussions about consolidation of all the sewers within the county and the terms under which that would be done could continue along a parallel line.  Mr. Mento responded that this would only happen by a legal decree which would put the county in a penalty and punitive situation and is going to cost more money over the long haul.  Community-wide they are trying to nip this in the bud so that no one municipality, especially the villages that are very small in population and critical in terms of age, is forced to implement things that would put them out of business. 

Chairman Jordan said that they keep going to a broader conversation.  He is not happy with the terms of the lease but understands that there is an immediate problem in the Meadowbrook-Limestone area so why not make the improvements that need to be made and at the same time talk about the overall plan for sewer consolidation.  Mr. Yaus responded that this is a priority area because of its impacts and DEC’s attention to it.  That is why it is the first phase but consolidation is a broader principle for its own reasons.  The Meadowbrook-Limestone's consent order discussions started before proposing a consolidation model.  A $9 multi-million dollar I & & reduction program, funded by the county, according to the proposed consent decree was proposed and flatly rejected by the DEC.  The DEC wanted very expensive facility upgrades and they were not able to agree until consolidation came into the picture.  The point being they tired Chairman Jordan’s model, to begin with, and it was rejected by the DEC.  Ms. Primo said that it is important to keep in mind that this model makes them very attractive to all sorts of funding.  This will be a very expensive endeavor throughout the whole community.  And, it will be more expensive if the county does it one way and the towns and villages then supplement it because they don’t have the expertise or volume discounts.  A consolidated project will benefit from lower interest rates on EFC loans and all sorts of grant funding; another reason for taking this route.

Mr. Holmquist thanked Mr. Mento and his team for all the work they have done.  He has had good discussions with the representatives from the Town Manlius and the Villages of Manlius and Fayetteville who are very appreciative of their presentations and outstanding professionalism.  They are very excited about this because the consent judgment is hanging over the top of everyone.  They appreciate how hard and complicated the problem is.  Taking this approach is very attractive to everybody involved.

Ms. Kuhn asked if there was an overall plan for the consolidation.  Mr. Mento responded that they have been working to nail down all the baseline components of this phase.  The next phase will evolve within the next 6 months based upon need and other variables of impact, age, condition, etc.  There was a need to really focus on this so that they could get everything right.  In answer to Ms. Kuhn, Mr. Mento confirmed that there isn’t an overall plan at this moment. 

Ms. Kuhn said that the city portion of Meadowbrook-Limestone is 47% of the problem, and asked where they stand.  Mr. Mento responded that they are still in negotiations with the city for many reasons:

1)     It is a combined system

2)     The city wants us to take over their storm system; not part and parcel of the work that falls under our purview

3)     The city has its own budget accounting for sewer hookups, revenues, and expenses; discussions continue but this won’t come to a quick conclusion

Ms. Kuhn said that it is an important part because they are the biggest piece of this.  Mr. Mento responded that he understands.

Mr. Bush asked how it impacts the county if someone chooses not to participate.  Mr. Mento responded that if the city chooses not to participate their rates will go up to reflect the unit rate for the entire district but they will still bear the brunt of having to deal with their own problems themselves. 

In answer to Mr. Bush, Ms. Primo confirmed that this will still impact the consent order.  They have talked with the DEC about looking at communities that do not cooperate directly and not looking to county to address the problem.  It is going to be a problem for communities that refuse to address their I & I and also refuse to join in the consolidation effort.

Chairman Jordan said that they are saying this is an agreement to resolve the citation that was issued but it is contingent upon the effected municipalities all agreeing to participate.  Ms. Primo responded that if there is a situation like they have with Meadowbrook-Limestone and they start doing work in these towns and there is a measurable reduction in I & I and they know they could get a further reduction if the city cooperated or did the work on their own, the DEC will go directly to the city and hold them responsible.  Whether that happens in other communities depends on the situation they are faced with.

Mr. Bush asked if they have been able to breakdown who is contributing the greatest percent to cause the consent order.  Mr. Yaus responded that they try.  Mr. Bush said that they know where it is coming from but it has never been brought out publically.  Mr. Mento responded that they have a pretty good indication.  There are significant contributions across the entire district.  The DEC looks at this at the treatment plant and they put everybody on notice that contributes to that plant.  Mr. Bush said that if one municipality is contributing a significant amount to cause this consent order, he would think that they would be directed to clean up their act.   Mr. Mento reiterated that this is currently not the way the DEC operates, they look at the treatment facility and the area that serves it. 

In answer to Chairman Jordan, Mr. Mento said that effluent from Meadowbrook-Limestone goes into Limestone Creek.  Mr. Yaus said that it is not part of the ACJ. 

A motion was made by Dr. Chase, seconded by Mr. Holmquist, to approve this item.  AYES:  3 (Holmquist, Abbott-Kenan, Chase); NOES: 0; ABSTENTIONS: 1 (Jordan).  MOTION CARRIED.

        c.     A Local Law Authorizing the Lease of Sewage Disposal Systems from Certain Municipalities within the Onondaga County Consolidated Sanitary District for County Purposes

• Memorializes what was just discussed; local law needed because this extends beyond 5 years and references the tenants of the lease

A motion was made by Dr. Chase, seconded by Mr. Holmquist, to approve this item.  AYES:  3 (Holmquist, Abbott-Kenan, Chase); NOES: 0; ABSTENTIONS: 1 (Jordan).  MOTION CARRIED.

Mr. Mento thanked the committee for their consideration.

*Mrs. Abbott-Kenan left the meeting.

4.     ONONDAGA COUNTY RESOURCE RECOVERY AGENCY:  Dereth Glance, Executive Director

Ms. Glance addressed the agenda out of order:

        b.     Recycling 2020 Report

• Critical National Sword policy came out of China a few years ago, recognized much of the material being imported was causing China significant amounts of pollution; saw big reduction years ago during the Beijing Olympics, the policy is now permanent
• Over the last 15 years, 50% of the worlds recovered paper was sold to China; had significant costs to OCRRA
• OCRRA is an enterprise fund so it is not funded by taxpayers, their revenues need to cover their expenses; revenues are primarily driven through garbage tip fees for at the Waste-to-Energy (WTE) plant, receive some revenue from electricity but the electricity markets have been falling year after year, now comprises less than 10% of their revenues, almost entirely dependent upon tip fees
• For about 30 years OCRRA has subsidized haulers to collect source-separated materials as required by county law for a zero tip fee; if markets went up or down nobody experienced that cost difference or change in the way their weekly garbage and recyclables were collected
• Garbage collection varies by city, towns, and villages
• Board chair Mr. Copanas named an ad hoc committee dedicated to the issues facing OCRRA in terms of how to pay for recycling under the current system; Recycling 2020 committee did some great work, the report has been accepted by the board
• OCRRA’s role is to implement the county’s solid waste plan; most decisions are done in context with the budget
• The yearly budget must be adopted no later than October, planning begins in July; now is a good time to throw these ideas around and continue the dialogue
• Will go through key recommendations and opportunities for the legislature; don’t expect any decision today, just the beginning of an ongoing dialogue of how best to move Onondaga County recycling into the future

• Want to be sure all understand what is in the garbage, the largest portion is organics, not stuff that they could compost, a significant portion of organics would be sanitary diapers - things that are garbage under any definition; looking to recover textiles and thin filmed plastics from the garbage, i.e. plastic around dry cleaning, paper towels, and toilet paper is recyclable if returned to the big box retailers, these are 2 key areas that they are focused on getting out of the garbage for additional waste reduction

.

• 56 million pounds of thin filmed plastics yearly in Onondaga County garbage
• Over 50% of blue bin material is categorized as fiber, newspapers, magazines, mixed paper, and OCC or Kraft paper; fortunate to have large cardboard manufacture in the county that accepts the curbside cardboard; mixed paper and newspaper has changed dramatically, don’t have the outlet or demand, these are short fibers which have less strength and durability than cardboard, are working to get more local outlets; costs increased dramatically

• From 2005 to 2017 the recycling expense was net-zero
• 2018 received a cancellation notice from the material recovery facility (MRF), contract with Waste Management Recycle America (WM), exposure was capped at $370,000,  then the average blended value (ABV) of blue bin material fell below $40 per ton and trigger the cancellation, held the $370,000 cap until October of 2018 then had to pay a higher rate to keep the service
• 2019 renegotiated contract capped at $40 per ton, equaled 12% of their budget
• Markets have not improved, more challenged, added $2.5 million in revised contract with WM to continue services as the status quo through 2020; able to do this and hold rates flat because the DEC helps support recycling education and outreach; previously received reimbursement grant for 3 years of work, never knew when it was coming so it was not built into their budget, 2019 was the last year for that big influx, now will be received each year, used those funds to offset this and paid off grant eligible equipment
• Not sustainable; had a $6 increase in 2019, held flat for 2020
• Model for 2021 is either put dollars on the tip fee to cover costs or look at how recycling is facilitated in this community; wrestling with some big changes as they move forward

.

• Experts anticipate it will take 3 to 4 years to build the domestic capacity to absorb and provide better markets

.

• Charging haulers for processing is a significant change of business, other cities do this but it is not the way our haulers have built their businesses; has several ramifications, not sure how quickly it could happen and what the consequences are for achieving the goals of the county’s source separation law
• All recommendations are uncomfortable, need their input
• Disposal fee is currently $91 per ton; cannot change rates in the middle of the year because of the contract model, the fee is set for 1 year; to limit the amount of exposure, agreed that if the mixed paper value is less than $35 per month for 3 consecutive months OCRRA will work with the DEC and WM to seek permit variations for alternate disposal
• Need to expand the bottle bill to include wine and liquor bottles, would take 50% of the glass out of the blue bin and ensure the bottles are recycled into new bottles
• Quality reigns supreme, the cleaner the product the more markets to move it and the higher the price; glass is a contaminant to all other blue bin materials

Dr. Chase asked if the county could do this without the state.  Ms. Glance responded that the bottle bill is a state policy and there is also a local county recycling law.  In answer to Chairman Knapp, Mr. Glance confirmed that the county has some control over this as the local law specifies the mandatory recyclables.  Chairman Jordan said that the question is does this have to be done at the state level.  Mr. Yaus responded that he would look into this. 

Ms. Glance said that one of the challenges is that wine and liquors have their own set of laws.  Glass can always be recycled if collected further up the stream and the most effective way is using a bottle redemption program.  Estimations are that this currently costs OCRRA $606,000 to process because they touch it so many times. 

• The report has several appendixes; internal memo included talks about glass recycling alternatives, the financial estimate for the end of life use is listed on the last page (see pg. 16)

.

.

 No one has the capacity to take all these recyclables and call them trash, nor do they want to; OCRRA avoids well over 1 million greenhouse gas emissions through recycling and the WTE facility

• Direct financial relief from NYS would be helpful, processing and marketing is not currently supported
• Important to promote industries that use these products and to use these products more locally; cardboard manufacturer in our county is critical and strategically placed, the county has amazing logistical access and supply warehouses coming in, keeping raw materials local and integrating economic development and retention would be really helpful
• Currently have bills in the Senate and Assembly on Extended Producer Responsibility (EPR) for packaging and paper, brands would be responsible for the end of life; e-commerce is causing packaging to be more complex with mixed materials, more difficult to manage; working to shift responsibility to the manufacturer, more likely to solve the problem upstream
• Need to change something, looking for feedback overtime; lots of other ways to manage this, other communities assess a fee to everyone
• Focused on short-term - what is the most effective way to facilitate the goals for maintaining the incredible participation, ensuring the integrity of the system continues, and that evolve as products continue to evolve

Chairman Knapp commended Ms. Glance and her team for doing a tremendous job in a difficult environment.

In answer to Chairman Knapp, Ms. Glance said that they are doing a $12 million construction project at Rock Cut Road to comply with DEC regulations.  They are a little behind the original time but have made significant progress.  This facility will be enclosed with doors and have multiple load out sites so things will move through faster.  Residents will continue to be served at Ley Creek for drop off and small commercial companies will be at Rock Cut Road once open later this year, as well as commercial haulers for large materials that need to be size reduced or managed differently than being directly dropped at the Covanta facility. 

Chairman Knapp asked how they are doing with capacity at the steam plant.  Ms. Glance responded that they are doing fine.  Chairman Knapp asked if they were close.  Ms. Glance responded that trash is seasonal.  Right now it is low but they expect things to pick up; about 362,000 tons were processed last year at the WTE plant.  They have a credit from the DEC because every ton of metal recovered from the WTE plant allows them to process more; had 9,000 tons of extra capacity.  In answer to Chairman Knapp, Ms. Glance said that the official capacity is 361,350 tons plus credit for the metal processed.  The biggest issue is the timing of garbage and the fiscal space of the pit; they can only get so many things in July when people are rocking construction projects.  The material is managed well and a lot of C & D is bypassed to the Town of Camillus, i.e. hard fill and pressure-treated lumber. 

Chairman Knapp encouraged anyone who hasn’t toured the WTE plant to do so. It is professionally run and there is no comparison to Seneca Meadows.  Ms. Glance said that Seneca Meadows is set to close in 2025 and one of the great things about the WTE plant is that its capacity renews every year. 

Chairman Knapp asked what they would have to do to bypass WM for part of the recycling stream, taking the product to local businesses for processing and reuse so that everybody wins.  Ms. Glance responded that one of the big challenges has been that technology has advanced so fast in terms of recycling sorting.  What was a state of the art MRF in 2017 is no longer at a time when these companies have no access to capital.  They have been upside down on contracts and losing money because they cannot move the material.  This is an interesting paradox and an interesting role for the government to come in.  OCRRA is eligible for grants up to 50% but private companies are not.  At best with a consolidated funding application, they might get up to 20%, often it is not worth going through the hoops to get that to happen.  They have always focused on the markets being able to drive companies to make the investments needed.  In an upside-down world, it is more challenging.  They do not have a clear plan for how recyclables will be managed in the future.  OCRRA has been working with WM, who has been working more with West Rock, to address these issues but it is all in flux.  

Chairman Knapp said that OCRRA is very important because of their mission, and their debt and credit rating affects the county’s rating.  Their success is important to us as a whole and that is also why they were asked to provide an update. 

In answer to Dr. Chase, Ms. Glance said that composting is doing great.  They have a partnership with Honeywell, who has been using a lot of the material for their rehabilitation projects on Onondaga Lake, as well as local landscapers and residents who use the compost and drop of products as well.   The food waste is coming from Wegman’s, hospitals, Pastabilities and some restaurants.  NYS adopted legislation in the 2019 budget that mandates source separation of organics for facilities with over 2 million pounds of organics.  They won’t be able to deliver them to landfills directly.  They will use aerobic digestion, composting, or some other type of technology to manage those.  There is no problem getting material, it is making sure that they are operating at the right level to meet their objective in terms of moving that material for its end of life.  They always encourage the county to be looking at ways where they can integrate the use of compost, i.e. DOT project or land disturbance.  As long as there is a dedicated place for it to go they will make more.  It is all the art of moving materials.  

Mr. Copanas said that previously Chairman Knapp asked what he could do; removing glass from the recycle bin makes the paper more viable for West Rock.  Ms. Glance said that it would be very helpful.  Changing wine and liquor laws is a very big issue.  Onondaga County can help add a profile to this issue by saying that they are going to do this.  The state can help by expanding the bottle bill but until then this is what needs to happen. 

        a.     Confirming Reappointment to the Onondaga County Resource Recovery Agency (Alberto Bianchetti)

A motion was made by Dr. Chase, seconded by Mr. Holmquist, to approve this item.  Passed unanimously; MOTION CARRIED

Chairman Jordan adjourned the meeting at 1:36 p.m.

Respectfully submitted,

KATHERINE M. FRENCH, Deputy Clerk

Onondaga County Legislature

* * *

WAYS AND MEANS COMMITTEE MINUTES - March 30, 2020

VIRTUAL

TIM BURTIS, CHAIRMAN

AUDIO/VIDEO

MEMBERS PRESENT:  Mr. Jordan, Mr. Williams, Mr. Ryan, Mr. May, Mr. Rowley, Mrs. Ervin

ALSO PRESENT:  Chairman Knapp, Ms. Kuhn, Ms. Abbott-Keenan, Ms. Cody, Mr. Kinne, Dr. Chase, Ms. Lesniak, Mr. DeSantis, Mr. Durr, Mr. Yaus, Ms. Primo, Mr. Morgan, Mr. Donnelly, Mr. Mento, Mr. Glazier, Ms. McNamara, Mrs. Maturo

Chairman Burtis called the meeting to order at 9:35 a.m.  A motion was made by Mr. Jordan, seconded by Mrs. Ervin, to waive the reading of the minutes of the proceedings of the previous committee.  Passed unanimously; MOTION CARRIED.  A motion was made by Mr. Jordan, seconded by Mrs. Ervin, to approve the minutes of the proceedings of the previous committee.  Passed unanimously; MOTION CARRIED.

CONSENT AGENDA:

1.     SHERIFF’S DEPARTMENT:

        a.     Amending the 2020 County Budget to Make Funds Available for Use by the Sheriff’s Office Within its STOP Violence Account ($249,989)

2.     VETERANS SERVICE AGENCY:

        a.     A Local Law Amending the Onondaga County Charter and Administrative Code Regarding Veterans’ Services

        b.     Providing for Various Personnel Changes Related to the Reorganization of Adult Services and Amending the 2020 County Budget

3.     TRANSPORTATION:

        a.     Authorizing an Intermunicipal Agreement with Oswego County for Bridge Repairs Associated with the Caughdenoy Road Bridge Over the Oneida River ($650,000)

A motion was made by Mr. Jordan, seconded by Mr. Rowley, to approve the items on the consent agenda.  Passed unanimously; MOTION CARRIED.

REGULAR AGENDA

4.     COMMISSION ON HUMAN RIGHTS:  Brian Donnelly, Deputy County Executive

        a.     Confirming Appointment to the Onondaga County/Syracuse Commission on Human Rights (Rev. Baums)

Mr. Donnelly:

• County Executive’s appointment; copy of resume provided

A motion was made by Mrs. Ervin, seconded by Mr. Williams, to approve this item.  Passed unanimously; MOTION CARRIED.

Mrs. Ervin asked to be listed as a co-sponsor.

5.     HEALTH DEPARTMENT:  Brian Donnelly, Deputy County Executive

a.     Personnel Resolution:  Create 3 Medical Assistants, Grade 5 at $36,479 - $40,281; Abolish 3 Typist II, Grade 5 at $36,479 - $40,281

Mr. Donnelly:

• Budget neutral proposal
• Abolish 3 typist II’s; replacing them with Medical Assistants
• Long term will greatly help the Health Dept. in their clinics
• Short term – essential to the Covid-19 response

Mr. Rowley:

• Are these all Civil Service positions?

Mr. Donnelly:

• Yes and tested positions.

Mr. Rowley:

• Is a current list available now, or will these be appointed provisionally?

Mr. Donnelly:

• Do not know - would have to check if there is an existing list

Mr. Rowley:

• Will these be advertised for or is there someone in the pipeline?

Mr. Donnelly:

• Not sure; there are relatively stringent requirements for these positions.  If there is a list, they will go off of that; if not, will look to the local health community to seek available candidates.

A motion was made by Mr. Jordan, seconded by Mr. Rowley.  Passed unanimously; MOTION CARRIED.

6.     WATER ENVIRONMENT PROTECTION:  Frank Mento, Commissioner

        a.     A Resolution Approving the Proposed Leasing of Sewer Systems from Certain Municipalities within the Onondaga County Consolidated Sanitary District

Mr. Mento:

1.     Section 3.2b – Provide debt relief up to $200k for various municipalities after their surplus is paid down

2.     Minor comments from EFC, which strengthens county position to apply for funding with all of them – closes loopholes to make sure they are satisfied with county approach, which they are

Mr. May:

M. Mento:

Mr. May:

Mr. Mento:

Mr. Rowley:

Mr. Mento:

Mr. Mento read the language “it’s up to $200,000 in conjunction with a village main street, town center or hamlet development project.”

Ms. Primo:

Mr. Rowley:

Mr. Rowley:

Mr. Rowley read Section 4.1.12  By virtue of this Lease, Landlord designates to Tenant and Tenant acquires, succeeds to and assumes the exclusive right, responsibility and authority to, inter alia, occupy operate, control, maintain, inspect, plan and use the Sewage Disposal System…”

Mr. Yaus:

Mr. Frateschi:

Mr. Mento:

Ms. Primo:

Mr. Jordan:

A motion was made by Mrs. Ervin, seconded by Mr. Ryan, to approve this item.  AYES:  5 (Ryan, Williams, Ervin, May, Burtis); NOES:  1 (Jordan); ABSTENTIONS:  1 (Rowley).  MOTION CARRIED.

        b.     A Local Law Authorizing the Lease of Sewage Disposal Systems from Certain Municipalities within the Onondaga County Consolidated Sanitary District for County Purposes

Mr. Mento:

Mr. May:

Mr. Jordan:

Mr. May:

A motion was made by Mr. May, seconded by Mrs. Ervin, to approve this item.  AYES:  5 (Ryan, Williams, Ervin, May, Burtis); NOES:  1 (Jordan), ABSTENTIONS:  1 (Rowley).  MOTION CARRIED.

7.     ENVIRONMENT, OFFICE OF:  Travis Glazier, Director

        a.     A Local Law Amending the 2004 Stipulated Judgment Between Honeywell International Inc. (Honeywell) and the County, Authorizing the Acquisition of Property and Lease of Two Parking Areas From Honeywell, and Authorizing the Execution of Agreements

Mr. Glazier:

Mr. Jordan:

Mr. Glazier:

Ms. Primo:

Mr. Morgan:

Mr. Jordan:

Mr. Yaus:

Mr. Jordan:

Mr. Glazier:

Mr. Jordan:

• Do we really anticipate it taking that long to get the agreement place?  December 31^st is a long ways away.

Mr. Yaus:

Mr. Jordan:

Mr. Yaus:

Ms. Primo:

Mr. Yaus:

Mr. Ryan made a motion to approve this item.

Mr. May:

Mr. Yaus:

Mr. May seconded the motion.  AYES:  4 (Ryan, William, Ervin, Burtis); NOES:  0; ABSTENTIONS:  3 (Jordan, Rowley, May).  MOTION CARRIED.

Mr. May asked Mr. Yaus if between now and session he will be able to investigate whether that language can be added.  Mr. Yaus agreed.

        b.     Amending the 2020 County Budget to Accept Funds Related to Amendments to the 2004 Stipulated Judgment Between Honeywell International Inc. and the County ($625,000)

Mr. Glazier:

Mr. Rowley:

Mr. Yaus:

Mr. May:

Mr. Glazier:

Mr. May:

Mr. Glazier:

Dr. Chase:

Chairman Burtis asked Mr. Glazier to get back to Dr. Chase regarding her question.

A motion was made by Mr. May, seconded by Mr. Ryan, to approve this item.  AYES:  6; OPPOSED:  0; ABSTENTIONS:  1 (ROWLEY).  MOTION CARRIED.

8.     NAMING HONORABLE JAMES C. TORMEY, III CRIMINAL COURTS BUILDING:

a.     Naming the Criminal Courts Building at 505 South State Street in Honor of the Honorable James C. Tormey, III, former Justice of the New York State Supreme Court

Mr. Donnelly:

Mr. Jordan, Mrs. Ervin, Mr. May, Mr. Rowley, Mr. Burtis Mr. Kinne, and Dr. Chase asked to be listed as cosponsors to the resolution.

A motion was made by Mr. Jordan, seconded by Mrs. Ervin, to approve this item.  Passed unanimously; MOTION CARRIED.

9.     PERSONNEL:

a.     Amending the Health Benefit Plan for Certain Retirees, Spouses and Dependents (Sponsored by Mr. Knapp)

Chair Knapp:

Mr. May:

Mr. Jordan:

Mr. May:

Mr. Jordan:

Mr. Ryan:

Mr. Donnelly:

Mr. Jordan:

Mr. Donnelly:

Mr. Ryan:

Mr. Donnelly:

Mr. Ryan:

Mr. Donnelly:

Mrs. Ervin:

Chair Burtis:

10.   ONONDAGA COUNTY PUBLIC LIBRARY:

        a.     Amending the 2020 County Budget to Make Funds Available in Connection with the Central Library Reconfiguration Project ($2,370,612)

Mr. Morgan:

Mr. Rowley:

Mr. Morgan:

Mr. Rowley:

Mr. Morgan:

Mr. Rowley:

Mr. Morgan:

Mr. Rowley:

Mr. Morgan:

Mr. Rowley:

Mr. Morgan:

Mr. Rowley:

Mr. May:

Mr. Jordan:

Mrs. Ervin:

Mr. Jordan:

Mrs. Ervin:

Mr. Jordan:

A motion was made by Mrs. Ervin, seconded by Mr. Ryan, to approve this item.  AYES:  5; NOES:  2 (Jordan, Rowley).  MOTION CARRIED.

11.   FINANCE:  Steven Morgan, CFO

        a.     Memorializing New York State to Enact Legislation (A. 9992/S. 7998) in Relation to Extending the Authorization to Impose an Additional Rate of Sales and Compensating Use Taxes in Onondaga County, and Requesting and Concurring in the Preparation of a Home Rule Request

Mr. Morgan:

Chair Burtis:

Mr. Morgan:

Chair Knapp:

A motion was made by Mr. May, seconded by Mrs. Ervin, to approve this item.  Passed unanimously; MOTION CARRIED.

A motion was made by Mr. Jordan, seconded by Mrs. Ervin, to adjourn at 11:15 a.m.  Passed unanimously; MOTION CARRIED.

The meeting was adjourned at 11:15 a.m.

Respectfully submitted,

DEBORAH L. MATURO, Clerk

Onondaga County Legislature