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Meeting Minutes

ENVIRONMENTAL PROTECTION COMMITTEE MINUTES – OCTOBER 19, 2011

CHAIRMAN JAMES CORBETT

MEMBERS PRESENT:  Mrs. Ervin, Mrs. Rapp, 1, 2Mrs. Tassone

MEMBERS ABSENT:  Mr. Buckel

ALSO ATTENDING:  Mr. Lesniak and see attached list

Chairman Corbett called the meeting to order at 10:04 a.m.

Chair Corbett stated he would be taking the agenda out of order starting with item 3 and then 4a and 4b. 

A motion was made by Mrs. Rapp, seconded by Mrs. Ervin, to waive the reading and approve the minutes of the previous committee meeting.  MOTION CARRIED.

3.     Authorizing an Agreement with the Town of Lysander to Defray the Cost of Waste Water Improvements for Whispering Oaks Pursuant to Local Law No. 1 – 2011 (Sponsored by Mr. Lesniak)

Mr. Lesniak stated the Whispering Oaks septic system has been failing for years.  This resolution is a proposal to resolve the issue.   The DEC issued a Consent order; work had to be completed due to proximity of the Seneca River.  The town had a plan to run a sewer line to Harbor Brook, under the river to the Van Buren side.  All the costs were calculated and the residence knew they were going to pay the entire cost.  Subsequently, working with the County it was determined that under this plan the County would have to do improvements to the Harbor Heights pump station and capacity levels would be close to capacity.    Next they considered going done Route 370 and hooking in through West Genesee Street in Baldwinsville, however there was a substantial increase in costs. 

Both the town and the county have worked to obtain grants so that the residents would not be paying any more than they would have paid under the original plan.  Ultimately they were $120,000 short.  The town has agreed to pickup $60,000.  He is looking for WEP to spread the additional $60,000 out over 5 years via a reduction in sewer unit charges.

In response to Mrs. Rapp, Mr. Lesniak confirmed it would be just for the affected homeowners; equates to about $12,500 per year, taken off the sewer unit charge and would all be controlled by the Town.  The residences would still be paying what they would have been paying, had we gone under the river with the original plan.

In answer to Mrs. Rapp, Mr. Lesniak stated that the Harbor Heights pump station would be at capacity.  The County would have to do an expansion of Harbor Heights and then any further expansion on the Van Buren side, as there are numerous subdivisions being expanded on which would then strap that system or they could spend the extra dollars to go with this proposal.

*Mrs. Tassone arrived at the meeting.

In response to Mrs. Rapp, Mr. Lesniak stated that they won’t need the improvements to Harbor Heights as capacity was figured for the new developments just not the addition of these 50 houses.

Mrs. Rapp stated that basically those gaining benefit are paying for it.  Mr. Lesniak responded, except for the $120,000; $60,000 from the town and $60,000 is the county reduction in sewer use charges.   The sewer use charge will be reduced for 5 years to make up the $60,000. 

In answer to Chair Corbett, Mr. Lesniak stated the grant is locked in and the project is moving ahead.   Ground breaking was three weeks ago. 

Chair Corbett stated that this resolution is consistent with what we have talked about; reaching out to sewer districts beyond the CSO areas of the City.  This will be the one of the first resolutions to attain that goal.  There is another resolution coming before us today in addition to the $3 million grant resolution.

Mr. Millea added that this is the first practical use of the Sewer Use Ordinance.   Around this time last year, we were still negotiating and working through; this shows the benefit of the action we took.  It allows us to have these dialogues with communities like Geddes and Lysander and say that we now have a vehicle to help make these decisions.  This bill speaks directly to the fact that when a program of public works is necessary to manage capacity issues in the system we would come back to the Legislature and seek potential funding when opportunities present themselves.  This is the most cost effective solution for the County and the Town.   The pump station is sound as is, for the growth as it was planned, but did not include the addition of these 50 homes.   They were also concerned about additional residents on Route 370 tapping in and feeding into this line.  We are now going straight down Route 370, which is much more advantageous for the County.  They feel that $60,000 is a small investment and well worth the County dollars to offset any of the upgrades that might have been necessary had the pump station been hooked into. 

Mr. Lesniak added that we need to remember the community sewer system was an approved system by the County.  In answer to Mrs. Rapp, Mr. Lesniak stated we approved it originally.   It has been failing for at least the past 9 or 10 years.  They have tried various ways to short-circuit this; ultimately this is the best resolve. 

A motion was made by Mrs. Rapp, seconded by Mrs. Ervin to approve this item. 

Mrs. Ervin asked Mr. Millea if this was the first of many resolutions to come.  Mr. Millea responded absolutely.  They have green projects that they will be reaching out more for in 2012 with the $3 million dollars that the Legislature has approved for green projects.  The commissioner will be out educating people to look at this.  There is another resolution this morning were we are using the Sewer Use Ordinance as a vehicle to help a community with street flooding issues.  This is all part of the ongoing dialogue for capacity management within the sanitary system throughout the County.

Chair Corbett stated that when the Sewer Use Ordinance was reviewed in depth, part of the concession was that everything would come back to the Legislature for final approval.   

Passed unanimously; MOTION CARRIED.

4.     ONONDAGA COUNTY RESOURCE RECOVERY AGENCY:  Andrew Radin, Director of Recycling and Waste Reduction; William Bulsiewicz, Legal Counsel

        a.     A Local Law Enacting a New County Source Separation Law, and Repealing Local Law No. 12 – 1989 as Amended by Local Law No. 14 – 1991.

Chair Corbett stated items 4a and b are in their final form.  This revision has been worked on for over a year, with input from Mrs. Ervin, as well as other Legislators.  The final format has been sent out to all the Legislators.

In response to Mrs. Rapp, Chair Corbett stated that the law has not been passed as of this point.  It has been to committee for discussion, suggestions and then language changes through both OCCRA’s and the County’s attorneys. 

MEMO
To: Onondaga County Legislature, Environmental Protection Committee
From: OCRRA
RE: Source Separation Law Update
Date: 10/14/11

At last month’s EP Committee meeting, you reviewed OCRRA’s proposed changes to the 1989 Source Separation Law, which were few, but necessary, to continue advancing our community’s recycling efforts.

Since then, the County Law Department suggested further improvements to the proposed law as well as related Local Law No. 5 of 2003. The latter law deals with both flow control and recycling. A summary of the revisions follows.

• The draft you viewed last month was reformatted. It looks different from what you saw in September; however, the major content changes noted last month remain the same. There have been no additional substantive changes.
  
• The Legislative Findings and Purpose section (Section 1) was expanded.
  
• All references to “recycling” were rescinded from the 2003 Flow Control law, to eliminate having two laws that deal with recycling.
  
• Two recycling details from the 2003 law were incorporated into the updated 1989 law, they include:
• prohibition of taking recyclables from blue bins (Section 5)
• fine structure for violations (Section 8)
  
• Definitions have been refined or added (e.g. specific delineations of waste generators like “apartment complexes” were refined and “recycling services” were added for clarity.)  

Mr. Radin stated he was happy to answer any specific questions that they might have.  The memo summaries the specific changes; fines approved in 2003 have been incorporated into the2011 recycling law update. 

Chair Corbett added that item 5 of the memo was directly related to Legislators trying to get more clarity.  He received the final format on Friday about 4:15 p.m. and asked that it not be sent out until he had a chance to review everything; if he had questions the committee would have questions.  He gave the final approval on Monday morning. 

Ms. Berger confirmed that since this is a local law, it does not need to go before a committee and be voted on.  Chair Corbett stated that normally he would bypass Ways and Means but because the final format was received so late, he would like the committees input.  He would suggest moving it to Ways and Means, allowing everyone enough time for review.  The committee agreed. 

Chair Corbett added that he feels this is going to be one of the most significant local laws completed in a long time.

Mrs. Tassone asked why the Village and Town of Skaneateles were left out of the enforcement.  Mr. Radin responded that they opted out of the system when it was established; not formally part of the OCRRA system service area.

In answer to Mrs. Rapp, Mr. Radin stated that there are no new penalties; they are the same penalties set forth in the 2003 law.  Mrs. Rapp stated these penalties have never been enforced.  Chair Corbett added that this revision allows for some teeth.  In the past the DA’s office would not touch this; there is now more credence to the law.

Mr. Bulsiewicz stated there is one change in the penalty structure.  Under the old law, if someone was in violation they were issued what would amount to a traffic ticket.  Under the revised law, there is a provision allowing for a notice of violation first; an opportunity for correction prior to actually starting the enforcement process.   In the past, allowing the violator a second chance was not part of the process.  Chair Corbett added that this was part of the legislative input.

In answer to Mrs. Rapp, Chair Corbett stated the law is on the books, what they are doing is separating all references to recycling from the flow control law.  Now we will have a separate recycling law and the references to recycling are not needed in the flow control law.  Changes to the language must to be struck out and voted on as such. 

Chair Corbett added the Short Environmental Assessment forms (SEQR) would also be included in the packet for legislative review.  He did not have this information prior to the meeting.  (On file with the Clerk)

Mrs. Rapp asked is they have gotten any feedback from businesses or apartment complexes.  Mr. Radin responded that there has not been a lot of outreach on their part.  They have made haulers aware of some of the proposed changes and have not received any feedback from them.  What is specified here is not any different than what they are already being requested to do. 

Chair Corbett added that the only ones that would have a complaint are those that are not obeying the rules now.   Mrs. Rapp added that this was the point of the revisions.

        b.     A Local Law Amending Local Law No. 5 – 2003 to Comport with the New Source Separation Local Law

Chair Corbett confirmed that both items 4a and 4b would be going to Ways and Means to allow ample time for Legislators to review.   He asked that everyone review the laws and let him know if there was anything glaring.  This is a two step process.  We need to strike out the references to recycling from the flow control law and update the recycling law.

Mr. Bulsiewicz added the SEQR’s are the standard short form.  There is no environmental impact with the passage of this law.

1.     LAKE IMPROVEMENT:  Mike Lannon, Deputy Commissioner, Matt Millea, Deputy County Executive

        a.     ACJ Update (On file with the Clerk)

HIGHLIGHTS

• Oncenter Green Roof completed, showcase for the 50 Save the Rain projects, looking for a lot of benefits as a result of this project

Chair Corbett complimented everyone on the Save the Rain - Green Infrastructure in Your Community email and asked that the email be sent to all legislators. 

• CSO 044 contractor rapidly getting back on schedule; expect to be completed by ACJ deadline of December 31, 2011
• Continue to work through the Onondaga Lake Water Quality model, in final stages of peer review for validation
• 2 uses for the model - used by the DEC to develop a TMDL for the lake, allocating the phosphorus pie, provide for better understand of our obligations and costs for the METRO plant to meet expectations; used for Phosphorus Work Plan Project, reviewing other opportunities for identifying phosphorus reduction in the water shed, looking at a number of things that could be done to meet DEC requirements; Work Plan is due by the end of 2011

In answer to Chair Corbett, Mr. Lannon responded that the physical construction of the pipe and all the tie-ins will be done by the end of the year, for the Lower Harbor Brook Interceptor Project.  Normal construction restoration and some of the green infrastructure included in the project will start this year and then may carryover to next spring.  All the heavy equipment items should be completed this year.  Chair Corbett added this has been a major tie-up for that area.  Mr. Lannon agreed, adding they are working through it.

GRAY PROJECT UPDATES

• Harbor Brook Interceptor Replacement Project in final stages, on track to meet commitment for ACJ
• Midland CSO 044 contractor doing a number of things to expedite the schedule
• Clinton CSO Abatement contractor is on site, parking lot closed September 1, 2011, duct bank completed, National Grid will be able to run power for the contractor
• Lower Harbor Brook Conveyances awarded to JJ Lane, Sept. 27, 2011; construction of 2 pipelines to Harbor Brook Storage Facility, have advertised addendums with bids received yesterday
• CSO 022 & 045 Sewer Separation Project will be going ahead in the near future
• Fact sheets have been included

Chair Corbett stated he was at the Polish Home located near the work for the Lower Harbor Brook site.  He was advised that Len Montreal has purchased more than 20 properties in that area and will be holding a meeting this evening with the Home Owners Association.  This is located in the same area that all of our work is going to be performed.  They are anticipating a great deal of work to this area.  He suggested that someone reach out to Mr. Montreal so that things could be coordinated between the two entities.  Adding, the entire front of the Polish Home is torn up and he was told all the money was given to the City and the City would be releasing the money a little at a time, to complete the work in this area.  Mrs. Rapp stated the Mr. Montreal has been quietly developing that area and has done a great job. 

Chair Corbett added that he had asked the Director of the Polish Home if they were implementing the use of green and was advised that they felt it would be too much of a problem.  This is a perfect opportunity; it has already been ripped all out.  The Polish Home is located on Park Street.  There may be an opportunity to do something at the same time as the construction that will capture some runoff.  Mr. Adigun responded that he will check into this.

Chair Corbett commented that he will be leaving the Legislature at the end of the year and they have worked very hard to get everyone on the same page.  There is an opportunity in this area to do something.  The Director of the Polish Home basically said that porous pavement was too much bother; not sure where he got that from. 

Chair Corbett suggested and Mr. Lannon agreed to add tabs to the AJC monthly report.

GREEN PROJECTS UPDATE

• Advertising for the 50 Save the Rain Projects effectively completed, learned a great deal in 2011 as far as procedure, working with different contractors, green is becoming more familiar reaching out beyond the CNY area, inviting more contractors, creating more competition

GREEN IMPROVEMENT FUND

• GIF Projects continue to build momentum, continue to receive applications
• Over 50 applications received, word of mouth advertising getting out more and more in addition to WEP advertising, will continue even more in 2012

Mrs. Rapp stated that the update includes a list of applications submitted and asked to be provided with a list of those approved.  Mrs. Ervin added they would be interested in seeing who was approved and way.  Ms. Lawton stated the information is available on the website at www.savetherain.us/green-programs/git-projects.  Mrs. Ervin stated that it would be nice to have the information included in the monthly update.  Mr. Lannon agreed.

METRO WWTP PHOSPHORUS PROJECTS/TMDL/AMP UPDATE

• Metro Phosphorus Optimization Project report submitted to the DEC, scheduling a presentation review with the DEC within the next week
• Number of confirmatory studies must be completed prior to development of capital construction project, looking for input from the DEC before making any significant capital commitments
• Metro Phosphorus Work Plan moves forward
• Financial capability assessment being done to gauge impact of potential enhancements to treatment at METRO; affordability and effect on community, will be sharing this information in the upcoming months
• Water Quality Model in final stages of peer review, once signed off on will be available to the DEC for their use
• AMP continues, revised AMP plan submitted per ACJ core stipulation, believed to be final addition, waiting for DEC acceptance 
• Tributary Compliance Assessment small lag in the report, speaks to August with complete compliance for fecal coliform bacteria at Metro Effluent and Harbor Brook at Velasko; some concerns at other sites as listed, trying to understand why the water quality issues accorded

Chair Corbett asked if runoff from a golf course could cause the non-compliance.  Mr. Capoza stated that they have been finding over time that wild geese are causing a number of hotspots; golf courses are one of them.  Chair Corbett added that there is a particular one that sits up over the hill in that area.  Mr. Capoza responded that over time we might have to do something.  Other communities have done DNA testing to make sure that it is not sewage born and have narrowed it down to other sources. 

• CSO 044 Conveyance Project obligated to do ground water sampling per the DEC of the dewatering that is happening as part of the construction project, goes into Onondaga Creek, monitor for chloride and total suspended solids (TSS), chlorides are monitored so there is not a negative impact on the fish in Onondaga Creek, high levels have to be sent to the water treatment plant; levels have been fine to go into Onondaga Creek

Chair Corbett stated it would have been inconceivable to fish in Onondaga Creek 10 years ago. 

• Total phosphorus chart included, continue with sampling, slight exceedance at 0.021 mp/l versus the value of 0.020 mp/l, assessment made from June 1, 2011 – September 30, 2011; no significant algae bloom in the lake, number is being discussed with DEC

Mrs. Rapp questioned the spike in the graph for 2009.  Mr. Lannon stated he would have to check into it and get back to her.  He confirmed that the graph measures the same item, same time period over 3 years.

• Phosphorus fact sheet included, helpful for the general public, great deal of information encouraged to review at your leisure

LEGISLATIVE/REGULATORY/MEDIA UPDATE

• Action items listed for the month of September and October
• Continue to receive accolades for the Save the Rain Program, included some of the media exurbs

In response to Mr. Millea, Mr. Corbett stated that his daughter and son in-law spent 5 hours at the WEP Open House.  They work at the Environmental Department of Conservation and Protection for New Jersey.  Her position requires her to do all the water quality and rates for the Delaware River basin and also tie in all of their waste treatment.  They toured the plant with one of the operators and asked such pertinent questions that he wrote some of them down as he wasn’t able to answer them. 

Mr. Millea stated that 300 – 400 random people attended; those that were not relatives of employees.  Chair Corbett added that he was out of town and his daughter set up the tour herself and actually found it interesting.  He added that he had received a lot of input back from people that he had suggested stop over if they’d like to see where their tax money is spent.

Mr. Millea stated that it was really well attended.  The staff was jazzed up by the feedback they received from the public.  Chair Corbett added that his daughter and son in-law took the information back and had roundtable discussions at their jobs.  They were very impressed; noting a lot of the facility was state of the art.  They commented how far ahead Onondaga County is from so many places in NJ. 

Mr. Millea commented on the article shown from the Daily Diesel Dose.  He was wowed to learn that someone was walking down the street and saw a truck loading soils up onto the roof but then went to our website and found all this information about the project.  He wrote a story about what is now going on here.  What the guy was excited about was that this truck was being used to lift the soil up but it was a nice hit for us. 

FINANCIAL UPDATE

• New contract information included, amendments to existing contracts, grant information and EFC loans
• Budget spreadsheets included for Clinton, Harbor Brook, and Midland, also sewer separation
• Advertising budget track sheet included

Mr. Millea added that this is now the most comprehensive look at the budget.  They won’t be adding any more to this, this is everything.  It is important to note the short term note for $15,603,494 through EFC for the Clinton project (error in update shows long term should be short term).  He wants to highlight that this is a 0% loan for the duration of the construction project; free money from the Environment Facilities Corporation for 2 ½ to 3 years.  This is thousands of dollars worth of interest that we are avoiding and can now spend on other things.  They really worked to maximize the loan by the language written in the execution and were able to upsize the loan by $7 to $8 million dollars.  This shows the importance of the partnership with EFC. 

APPENDIX

• Detailed breakdown of grants and loans, Lake Improvement Project status report, chronology of project construction starts, and listing of contractors

Chair Corbett acknowledged Geddes Town Supervisor, Mr. Falcone.  As previously indicated there is a resolution for the Town of Geddes.

2.     WEP:  Mike Lannon, Deputy Commissioner; Nick Capoza, Sewer Maintenance Engineer

        a.     Authorizing the Acceptance of the Seventh North Street Water Main from the City of Syracuse for and on Behalf of the Onondaga County Sanitary District; Approving the Classification of an Unlisted Action Under the State Environmental Quality Review Act (SEQRA); Declaring Lead Agency Status; Accepting the Short Environmental Assessment Form; Making and Declaring a Negative Declaration; and Authorizing the County Executive to Enter into Agreements

Mr. Lannon:

• Looking for endorsement to receive abandon water mainline from the City of Syracuse
• Related to Electronics Trunk sewer, reuse of water line to abate sewer overflows
• Waterline to be used as a forced main to convey flows in the upper reaches of Electronics Park Truck sewer; pump directly to Ley Creek pump station
• Fact sheets shared at the budget presentation (On file with the Clerk); looking for endorsement of the project 

Mr. Capoza:

• Repurpose of force main, rather than digging from the hotel at exit 37 to Ley Creek pump station located by Pilot and Crouse Hindes they will run a new pipe through the existing water main
• Biggest advantage is the savings from not having to cross Route 81; would run about $5,000 per foot
• 2 phases of the project, a pump station separates the current Electronics Park – Hopkins Road area, will flow to the pump station and move the water up to Ley Creek
• Will also take advantage of the storage that is part of the Liverpool area, in the 1960’s General Electric went to 3 shifts resulting in some capacity issues, Town of Salina joined 2 trunk sewers between Electronics Park and the Bloody Brook trunk sewer which goes to the Liverpool pump station; by using our current Liverpool wet weather tank and sending flows there, can eliminate the cross connection instead of imposing problems in other areas
• Resolution will take advantage of existing infrastructure and solve problems

Chair Corbett added this has been a challenged area and this is a great step toward elevating the problems.  Plus we are under court order to do some of this and obtaining the pipe for the price of $1 is a good thing. 

A motion was made by Mrs. Rapp, seconded by Mrs. Tassone to approve this item.  Passed unanimously; MOTION CARRIED.

        b.     Authorizing the Execution of an Agreement with the Town of Geddes to Reimburse the Town Costs Related to Preventing Potential Backup of Sanitary Sewers in the Bronson Road Area ($40,000)

Mr. Capaza:

• Similar to the Town of Salina, Town of Geddes has had some issues with the sewers, all about the same age 1950’s vintage
• Houses in low lying area of Bronson Road experience basement flooding during heavy precipitation
• O’Brien & Gere did some modeling, some things were looked at but did not go far enough to protect the residents in that area
• April 26, 2011 very intense precipitation event, widespread flooding of area, people were canoeing down the road
• Via joint effort with the Town of Geddes, rain dishes have been installed, flood protection of manholes, if they go underwater the water does not enter the sewer causing additional flooding
• Houses are directly connected to the county trunk sewer
• In concert with the town felt the quickest way to protect the residents from flooding during large events was to install backwater prevention valves and backflow preventers on the most effected homes in the Bronson Rd area

In answer to Mrs. Rapp, Mr. Capaza confirmed this was also done for homes in the Town of Salina, Floradale Road. 

Chair Corbett stated he wanted to define the term flooding; 3 feet of raw sewage in your basement.  Everything has to be ripped out and replaced and this has happened a few times in the 12 years he has been involved.   He is very happy that they finally are able to help.  Mrs. Rapp added that this is the third location for this solution.  It has worked well for the other two locations. 

Mr. Capaza stated that new codes call for backflow preventers to be installed on fixtures below the rim elevation of a manhole.  The code has changed, but going back and looking at houses from the 1950-1960’s, there is some catching up to do.

In answer to Mrs. Rapp, Mr. Capaza stated the County charges the Town of Geddes for their sewer maintenance, they would provide a credit to be used for this charge; basically a paper trail, we would be giving them the $40,000.   

Chair Corbett asked Mr. Falcone if he would like to interject something since he has been so involved.  Mr. Falcone stated this has been going on long before he was involved.  The fix for the dollars is relieving the charges off from the yearly bill for sewer maintenance, billed a year behind.  The people are happy this is happening; this is a great thing.

In response to Chairman Corbett, Mr. Falcone stated that a few people have installed them at their own costs.  Adding that 15 houses were affected and all of them attend each board meeting.  They don’t understand that there is a process.  He is here representing the process; one of the home owners was going to attend but got called into work. 

Mr. Capaza stated the when they install the backwater vales they are going to repair the plumbers connection which will eliminate a fair share of inflows to this area.  This is very positive and goes along with the Sewer Use Ordinance.  Chair Corbett added they will try to correct this issue as they go along, whenever an area is opened up.

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

        c.     Authorizing the Execution of Agreements with the New York State Department of Environmental Conservation Under the Water Quality Improvement Projects and Nonagricultural Nonpoint Source Projects Grant Program and Amending the County Budget to Accept the Grant Funds ($3,000,000)

Mr. Lannon:

• Monies would be used to offset green infrastructure costs in the Clinton sewershed along the civic strip
• 25% match equals $750,000; total expenditure $3,750,000

Project Summaries

C-01: City Parking Lot #21

Implementation of green infrastructure at the City of Syracuse, NY Parking Lot #21 located at the Southwest corner of West Washington and Clinton Streets was completed in June 2010 and resulted in the installation of porous pavers (5,000 ft2) with a subsurface infiltration bed to capture stormwater runoff from the entire site. Lot #21 is approximately 2.7 miles from Onondaga Lake. Porous pavers with infiltration beds are designed to allow stormwater to drain through the surface of the pavement into the infiltration beds (in this case coarse aggregate). The water in the infiltration bed then slowly infiltrates into the subsurface soils. The porous pavers installed at Lot #21are expected to provide an annual stormwater capture of approximately 462,000 gallons and an approximate annual CSO reduction volume of 328,000 gallons. Porous pavers also reduce the amounts of pollutants reaching the combined sewer system by 50% to 75% compared to impervious pavement.

C-07: Municipal Parking Garage: OnCenter

Bioretention areas (15,000 ft2) will be constructed in adjacent areas surrounding the OnCenter Parking Garage. These bioretention areas allow stormwater runoff to either infiltrate into the surrounding soil or evapotranspire. The On Center Parking Garage is located at 817-835 South State Street and East Adams Street in Syracuse, NY and is approximately 3.0 miles from Onondaga Lake. The bioretention areas will capture and store approximately 1,300,000 gallons of stormwater annually, preventing it from entering the combined sewer system. This equates to an approximate annual CSO reduction of 923,000 gallons. Bioretention areas also have the ability to capture 70-90% of sediment and 60% of phosphorus that is found in stormwater, decreasing the amount of these pollutants of concern that enter Onondaga Creek and Onondaga Lake.

C-09: County Parking Lot B at South Townsend Street

Upgrading of the Onondaga County Parking Lot B located at 431 Harrison Street and South Townsend Street was completed in November 2010 and resulted in the installation of 3,800 ft2 of stormwater “Tree Trenches/Bio-Swales” to collect, infiltrate and retain runoff from adjacent impervious pavement. County Parking Lot B is approximately 3.1 miles from Onondaga Lake. In addition to the infiltration, storage and evapotranspiration capabilities of tree trenches/bio-swales, they also provide an aesthetic tree canopy. The tree trenches and bio-swales at County Lot B are expected to provide an annual stormwater capture of approximately 950,000 gallons and an approximate annual CSO reduction of 675,000 gallons. Tree trenches and bio-swales also reduce the amounts of pollutants reaching the combined sewer system by 60% to 85% compared to impervious pavement.

C-11: Commercial Green Streets: Harrison Street

Harrison Street, from Montgomery to State Streets in Syracuse, NY will be reconstructed with sidewalk planters, 400 linear feet of pavement removal along the south side of the street and street trees, 1,800 ft2 of green infrastructure. The functional goals of the project are to provide source control of stormwater, limit its transport and pollutant conveyance to the combined sewer system, restore predevelopment hydrology to the fullest practical extent, and provide environmentally enhanced roadsides. This section of Harrison Street is approximately 3.2 miles from Onondaga Lake. The greening of Harrison Street will result in the prevention of approximately 170,000 gallons of stormwater from entering the combined sewer system annually. The associated approximate annual CSO reduction of the greening of Harrison Street is 121,000 gallons. Greening of streets has the ability to capture and store up to 90% of sediment and up to 60% of phosphorus typically found in stormwater.

C-12: Townsend Median Re-vegetation

The South Townsend Street Median from East Adams Street to East Genesee Street in Syracuse, NY will be re-vegetated with approximately 14,000 ft2 of vegetation in this project. The planned re-vegetation includes the addition of rain gardens, street trees and planters in the median, as well as the implementation of two curb stormwater inlets to collect road runoff. The Townsend Median is approximately 3.3 miles from Onondaga Lake. The outcome of the project will allow for the capture and storage of approximately 320,000 gallons of stormwater annually and an approximate annual CSO reduction of 227,000 gallons. In addition to the reduction in stormwater, the re-vegetation of the Townsend Median will prevent up to 50% of the amounts of sediment and phosphorus in the stormwater from entering the combined sewer system.

C-33: Water Reuse at the War Memorial

The stormwater capture, treatment and reuse system at the War Memorial in Syracuse, NY located at 200 Madison Street is planned to capture and reuse stormwater from the roof of the building. The War Memorial is approximately 3.0 miles from Onondaga Lake. Stormwater that is captured from the roof of the building will be stored in tanks in the basement of the building prior to the treatment processes. The planned treatment process train most notably includes filtration and UV disinfection to properly treat the water for reuse. Among other uses, the non-potable captured stormwater will be reused in the ice making process for the ice rink in the War Memorial. The annual stormwater capture as a result of this system that would otherwise enter the combined sewer system is approximately 365,000 gallons, and the resulting approximate annual CSO reduction is 260,000 gallons. The filtration treatment process is expected to remove high amounts of TSS and phosphorus from the collected stormwater as well.

C-34: Green Roof at the OnCenter

A 58,680 ft2 green roof will be constructed at the OnCenter, located at 800 South State Street, in Syracuse, NY. The green roof will consist of a wide variety of plant species that will thrive in the climate of Syracuse, NY. The green roof at the OnCenter is approximately 3.0 miles from Onondaga Lake. The capture, storage, use and retention of stormwater by the green roof will prevent approximately 1,003,000 gallons of stormwater from entering the combined sewer system annually. This equates to an approximate annual CSO reduction of 712,000 gallons. The stormwater reduction that will occur as a result of this project will also help to contribute to lower levels of TSS, phosphorus and nitrogen in Onondaga Creek and Onondaga Lake by capturing and storing up to 50% of stormwater pollutants that would otherwise be discharged in a CSO.

C-38: Green Parking Lot: OnCenter

The OnCenter surface parking lot located at 801-813 South State Street and 422-434 Harrison Street in Syracuse, NY is planned to be reconstructed with porous pavement and infiltration beds along the perimeter of the lot. The porous pavement will control and treat up to the entire parking lot (97,000 ft2) and is designed to allow stormwater to drain through the surface of the parking lot into an infiltration bed that is designed to store a minimum of 1 inch of runoff. The parking lot is located approximately 3.0 miles from Onondaga Lake, and the proposed porous surface will allow for an annual stormwater capture of 1,708,000 gallons that would otherwise enter the combined sewer system. The resulting approximate annual CSO reduction as the result of the implementation of green infrastructure at the OnCenter surface parking lot is 1,213,000 gallons. Sediment and phosphorus that typically pollutes Onondaga Creek and Onondaga Lake during CSO events will be captured in this system at medium to high rates.

C-48: Green Roof at the Erie Canal Museum and Visitor’s Center

A 2,200 ft2 green roof will be constructed at the Erie Canal Museum and Visitor’s Center, located at 318 East Erie Boulevard, in Syracuse, NY. The green roof will consist of a wide variety of plant species that will thrive in the climate of Syracuse, NY. The green roof at the Erie Canal Museum and Visitor’s Center is approximately 2.7 miles from Onondaga Lake. The capture, storage, use and retention of stormwater by the green roof will prevent approximately 39,000 gallons of stormwater from entering the combined sewer system annually. The annual CSO reduction as a result of the green roof is approximately 28,000 gallons. The CSO reduction that will occur as a result of this project will also help to contribute to lower levels of TSS, phosphorus and nitrogen in Onondaga Creek and Onondaga Lake by capturing and storing up to 50% of the stormwater pollutants that would otherwise be discharged in a CSO. 

C-54 b,c,d: Downtown Committee Streetscape Projects

Two downtown streetscape projects involving the planting of enhanced street trees are planned for downtown Syracuse. The combined total square footage of the enhanced tree projects is 2,500 ft2. The two projects are located at the 100 and 200 blocks of East Water Street, and the 200 and 300 blocks of Montgomery Street, which are approximately 2.7 and 2.9 miles from Onondaga Lake, respectively. Enhanced street trees allow for the capture and storage of stormwater runoff from the street that is distributed in a subsurface infiltration trench via an underground pipe. Additionally, enhanced street trees provide increased tree canopy coverage, providing additional environmental benefit. The total annual stormwater capture that will is possible as the result of the enhanced street tree plantings is approximately 200,000 gallons and the annual CSO reduction is approximately 142,000 gallons. The enhanced street trees will also prevent sediment and nutrients in stormwater from reaching the combined sewer system.

E-06: City Parking Lot #3

Upgrading of the City of Syracuse, NY Parking Lot #3 located at 101 Oswego Boulevard was completed in October 2010 and resulted in the installation of porous pavement parking stalls (8,700 ft2) in place of the previously used impervious pavement. Parking Lot #3 is approximately 2.6 miles from Onondaga Lake. Porous pavement allows stormwater to drain through the surface of the pavement into a subsurface infiltration bed. The water in the infiltration bed then infiltrates into the subsurface soils. The porous pavement that was installed at City Lot #3 is expected to provide an annual stormwater capture of approximately 881,000 gallons and an annual CSO reduction of approximately 625,000 gallons. Without the installation of porous pavement at this site, stormwater would freely enter the combined sewer system and Onondaga Lake during CSO events. Porous pavement also reduces the amounts of pollutants reaching the combined sewer system by 50% to 75% compared to impervious pavement.

F-01: City Parking Lot at Pearl Street

The city parking lot located at the 400 block of Pearl Street in Syracuse, NY was completed in September 2010 and resulted in the reconstruction of the parking lot using porous asphalt pavement. The Pearl Street Parking Lot is approximately 2.1 miles from Onondaga Lake. Porous pavement (25,300 ft2) was used in place of the previous impervious surface. Porous pavement is designed to allow stormwater to drain through the surface of the pavement into a subsurface infiltration bed. The water in the infiltration bed then infiltrates into the subsurface soils. The resulting porous pavement that was installed at the Pearl Street Parking Lot is expected to provide an annual stormwater capture of approximately 1,287,000 gallons and an annual CSO reduction of approximately 913,000 gallons. Without the installation of porous pavement at this site, stormwater would freely enter the combined sewer system and eventually enter Onondaga Lake during CSO events. Porous pavement also reduces the amounts of pollutants reaching the combined sewer system by 50% to 75% compared to impervious pavement.

A motion was made by Chairman Corbett, seconded by Mrs. Rapp to approve this item.  Passed unanimously; MOTION CARRIED.

Mrs. Rapp requested to be added to the resolution as a cosponsor.

Chairman Corbett stated that they had a guest today from Kenya, which he is going to allow to introduce himself.  He is here visiting, and will bring back to his government the ways in which we do our business.  Mr. Kenyatta Mwawashe thanked the Chairman and introduced himself.  He is here on a practically funded scholarship and is based at the Maxwell School.  His Country is adopting a constitution similar to the US Constitution.  At the moment they are trying to learn how to set up the institutions and because of the experiences we have, his government gave him a chance to come and study the institution of the Senate and the Congress for two years.  He has the privilege of coming and learning how the committees work through the various processes and state of affairs of the County.  

2Mrs. Tassone advised the Chairman that she would have to leave to attend another meeting. 

        d.     Bond Resolution.  A Resolution Authorizing the Issuance of $449,000 Bonds of the County of Onondaga, New York, to Pay the Cost of The Purchase of a Combination Sewer Cleaner, as Well as a Tanker, for the Onondaga County Sanitary District in and for Said County ($449,000)

Mr. Lannon:

• Review and follow-up from budget presentation, tanker used to haul sludge from various treatment plants, also used for emergency situations when a pump station needs to be pumped out and bypass a certain sewer segment, current tanker has over 259,000 miles plus consider the number of hours the tanker is idle but running the pumps on the back of the truck, $160,000 for the tanker chassis, purchasing a new chassis and transferring the existing tank
• Purchase of a aquatech $289,000, used for maintenance of sewers throughout the sanitary district both county and non-county owned, used for pump station applications as well, upwards of $60,000 per year billing rate to the various towns and villages the County provides sewer maintenance service for, high use heavy duty industrial vehicle, useful life is 8 – 10 yrs

Chair Corbett stated this has been reviewed through the Vehicle Use Review Committee.  It was also a compromise through the budget process that the vehicles are purchased via bonding instead of fund balance.  

Chair Corbett stated that you may have low mileage on the tanker but the motor constantly has to run and the torque on it is amazing, it is like a jet screaming all the time.  Mr. Capaza added that the combination cleaner runs at full speed to operate either the vacuum or the pump.  When they are sitting on the streets, they are running at top speed. 

In answer to Mrs. Rapp, Mr. Capaza stated they are looking to replace a 2001 aquatech.

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

        e.     A Resolution Approving the Purchase of a Combination Sewer Cleaner, as Well as a Tanker, for the Onondaga County Sanitary District of the County of Onondaga, New York

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

        f.      Bond Resolution.  A Resolution Authorizing the Issuance of $10,000,000 Bonds of the County of Onondaga, New York, to Pay the Cost of the Construction of Certain Improvements to the Electronics Park Trunk Sewer System in and for the Onondaga County Sanitary District in and for Said County ($10,000,000)

Mr. Capaza:

• Corrective actions approved by the DEC from 2007 Consent Order, full facilities planning and issuance of 2 Phases
• 1st Phase connecting to existing infrastructure, eliminate cross connection between the 2 trunk sewers, rehabilitation of 50 manholes on the trunk sewer to eliminate inflow and infiltration
• Infrastructure from 1948 when Electronics Park was developed, during certain rain events had sanitary sewer overflows, backups in peoples basements required them to pump out and back into the storm sewer, now prohibited by the Clean Water Act

In answer to Mrs. Rapp, Mr. Capaza stated $10 million covers both Phase 1 and 2.  The total costs will depend on how well they repurpose the force main.  If the force main doesn’t need a lot of rehabilitation or cleaning to get the new sewer pipe through it, the price will come down significantly.  O’Brien and Gere will be doing the final inspection.  Once they have the review they will have a more detailed cost.  There is a very short timetable with the NYSDEC to get the project underway, certain milestones have to be met.  If they waited until everything was completed for the design, they may not have met the deadlines.  In answer to Mrs. Rapp, Mr. Capaza confirmed this is due to the Consent Order.

A motion was made by Mrs. Rapp, seconded by Chairman Corbett to approve this item.  Passed unanimously; MOTION CARRIED.

        g.     A Resolution Approving the Construction of Certain Improvements to the Electronics Park Trunk Sewer System in and for the Onondaga County Sanitary District of the County of Onondaga, New York

A motion was made by Chairman Corbett, seconded by Mrs. Rapp to approve this item.  Passed unanimously; MOTION CARRIED.

        h.     Bond Resolution.  A Resolution Authorizing the Issuance of $5,600,000 Bonds of the County of Onondaga, New York, to Pay the Cost of Various Improvements at the Metro WWTP Including the Grit Handling Operations in and for the Onondaga County Sanitary District in and for Said County ($5,600,000)

In answer to Mrs. Rapp, Mr. Lannon stated that the bonds are paid for via sewer use dollars, not property tax dollars.   Electronics Park Trunk Sewer (EPTS), Oak Orchard and Grit projects are none ACJ, there are specific Consent Orders for each project.

Mr. Lannon:

• Copy of fact sheet presented at budget and an aerial view of Metro WWTP (On file with the Clerk)
• Critical that grit is removed at the head works of the treatment plant or sandy material will erode pipes and pumps, ends up sitting in digesters and reduces performance
• Project was born from 2 different ways, odor control project performed in the late 90’s made large modifications to the New Screen and Grit Building (NSG) by way of taking out the center channel reducing the volume which resulted in pour performance for grit capture, had a reduction of 50%, looking to make improvements in that regard, other reason is aging infrastructure; looking to replace, blowers, and pumps that have been around for over 30 years
• Install 3 mechanical climber screens in the Existing Screen & Grit Bldg (ESG), will filter out material before reaching the pump station and the rest of the plant
• Replace piping and valves in both ESG & NSG, replace blower in NSG,
• Install divider in NSG for 50/50 split of grit handling
• Replace pumps and drives in primary tanks and gravity thickeners

Chair Corbett asked if they were changing any of the electrical aspects when they changed the pumps.  Mr. Lannon responded they are installing varying frequency drives, plus today’s motors are much more efficient. 

In answer to Mrs. Ervin, Mr. Lannon stated the life expectancy for the new pumps is 20 to 30 years, with proper maintenance. 

A motion was made by Chairman Corbett, seconded by Mrs. Rapp to approve this item.  Passed unanimously; MOTION CARRIED.

        i.      A Resolution Approving Various Improvements at the Metro WWTP Including the Grit Handling Operations in and for the Onondaga County Sanitary District of the County of Onondaga, New York

A motion was made by Chairman Corbett, seconded by Mrs. Rapp to approve this item.  Passed unanimously; MOTION CARRIED.

        j.      Bond Resolution.  A Resolution Authorizing the Issuance of $12,405,000 Bonds of the County of Onondaga, New York, to Pay the Cost of the Construction of Certain Improvements to the Oak Orchard Facilities in and for the Onondaga County Sanitary District in and for Said County ($12,405,000)

Mr. Lannon:

• Fact sheet presented at budget and photos of disrepair (On file with the Clerk)
• Located near Great Northern Mall, take Morgan Road and turn right onto Oak Orchard Road before crossing the river
• Constructed in the late 70’s
• Serves the Towns of Clay and Cicero
• Flat area, a lot of pump stations contribute to the facility, long force mains particularly for the Davis Road
• Breakdown of material and subsequent emissions of hydrogen sulfide as the wastewater is conveyed to the treatment plant, try to control with bleach
• Some of the material still enters the head works of the treatment plant; problematic mechanical equipment erodes very quickly, concrete tends to degrade
• Repair floor in the head works building, replace influent building screens similar to the Metro Grit project, upgrades to facility such as roofing, insulation, upgrade of electrical service
• Installation of backup power via generator, designed for 2 feeds only 1 installed; backup power will comply with 10 States Standards
• Primary tanks upgraded, concrete repaired, remove cog bridges and install new electric flight and chain system
• Decommission of 8 flocculation tanks, will remove the mechanicals and fill in
• Repair seals for secondary treatment and polishing, losing some of the oxygen; some concrete repairs
• Lagoons will be cleaned and vegetation cleared
• Safety improvement to loading station for Biosolides transportation

Chair Corbett stated that the plants proximity to the river has been a concern as it ages and particularly with the lagoons.  This is a good reason to make these repairs.  If we ever leak anything into the river we would have a major problem with the EPA and the DEC.  Mr. Voss responded that the plant is across the road from the Oneida River and sets back about 1 mile.  Mr. Lannon added that the lagoons are even closer.

Mrs. Rapp asked if all the projects would fit within the Sewer Use Fee that was set via the 2012 budget.  Mr. Millea responded this was all part of the Capital Projects Improvement Plan; a continuation of the budget process.   The debt service will hit in future years; no economic impact on the Sewer Use Fee as approved by the Legislature.  Chair Corbett added that this was plugged into the budget and sewer use fees;  a lot of thought was put into the budget process.   

A motion was made by Chairman Corbett, seconded by Mrs. Rapp to approve this item.  Passed unanimously; MOTION CARRIED.

        k.     A Resolution Approving the Construction of Certain Improvements to the Oak Orchard Facilities in and for the Onondaga County Sanitary District of the County of Onondaga, New York

A motion was made by Chairman Corbett, seconded by Mrs. Rapp to approve this item.  Passed unanimously; MOTION CARRIED.

Chair Corbett advised the committee that there is a lot happening around the lake.

In response to Mrs. Rapp, Chair Corbett confirmed that the piping will be used in the process to vacuum the bottom of the lake. 

The meeting was adjourned at 11:40 p.m.                                                

Respectfully submitted,

KATHERINE M. FRENCH, Deputy Clerk

Onondaga County Legislature

* * *

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - OCTOBER 20, 2011

KATHLEEN A. RAPP, CHAIR

MEMBERS PRESENT:  Mr. Dougherty, Mr. Stanczyk, Ms. Williams

ALSO PRESENT:  Mr. Cox, See attached list

Chair Rapp called the meeting to order at 10:34 a.m.  A motion was made by Ms. Williams, seconded by Mr. Dougherty to waive the reading of the proceedings of the previous committee meeting.  A motion was made by Mr. Dougherty, seconded by Ms. Williams to approve the minutes of the proceedings of the previous committee meeting; MOTION CARRIED.

1.     ONONDAGA CIVIC DEVELOPMENT CORPORATION:

        a.     Confirming Reappointment to the Onondaga Civic Development Corporation Board of Directors (Cydney Johnson)

Ms. Esgro:

• Great board member; terms vary:  3 year, 2 year and 4 year – after first appointment, it’s all 2 year
• Turnover and record of attendance – not at this point; evaluation at end of year – termination not sure
• Cydney – missed 1 meeting from being out of town

Mr. Stanczyk requested a list of members, the expiration of their term and their attendance record.

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

2.     ONCENTER:  Bill Fisher, Deputy County Executive; Kelly Berger, Deputy County Attorney; Gary Lavine, Oncenter Board of Directors Vice-Chair

        a.     A Local Law Providing for the Defense and Indemnification of the Directors of the Onondaga County Convention Center War Memorial Complex Management Corporation

• Indemnifying board members; board of directors is nonprofit – protected by existing liability insurance policy
• Last year Oncenter owed money – controversy
• Directors – individuals are volunteers; County Executive appointed and confirmed by legislature
• Individual liability - $2 million; seems like a lot of protection but may not be enough for a $9-$10 million operation
• Asked Law Department to look into this board being covered the same as the library board; came up with local law
• First $2 from insurance co.; only if liability above that amount would the County pay for additional defense expenses

Mr. Stanczyk stated the concept is it will cost nothing because the County is self insuring the $2 million indemnity.  Is the board paying for the $2 million insurance?

• 2 insurance policies – one is $5-$6,000 (DNO) for all; second is for clear practices for a couple thousand dollars; clear practices is if whistle blower happens, they don’t investigate it and get sued

Mr. Stanczyk stated the Oncenter lives and breathes for the subsidy.  The more direct linkages that are created, the more it will be a de facto, and there should not be a board of directors there.  If there was a serious liability or problem, it would be more the County’s fault anyway because the director is basically the County’s person as well.  The lawsuit would be against Onondaga County that has deep pockets, and not against a member of the board who might have a net worth of a couple hundred thousand dollars.  Mr. Stanczyk fails to see the compelling reason to create this link legally.  Mr. Stanczyk served and directed on nonprofit boards and did not have this type of indemnity.  Above and beyond $2 million seems that there is:  a. there are crazy shenanigans being swept under the rug or b. the board is concerned about something they should not be concerned about.

Mr. Fisher:

• Go to great lengths to separate County and board – legally to protect County and taxpayers and accountability; board has come around to assume fiduciary responsibility; they are making the decisions; people want proper stewardship with money appropriated
• Board – people with solid CPAs; people who worked at Turning Stone, now business very well; PhD’s like Jack Kushner; tell them they are accountable; board stepping up and acting in the manner supposed to, would like County to step up to say the County will protect from lawsuit after $2 million
• Members of this legislature spoke to possibility the Oncenter would go bankrupt – CE won’t let happen; bankruptcy in $2 or $3 million range, vendors or others may get stuck on bankruptcy
• Other members said to bring vendors in to do a workout; someone not getting money back may sue a member

Mr. Stanczyk asked if the County would formalize, it would be as a matter of course of business anyway.  Chair Rapp agreed.

Mrs. Berger and Mr. Fisher:

• Vendor not paid by Oncenter cannot sue board member unless action by director; this is to put people’s minds at ease
• Personal relationship with vendor for reason of getting paid over another – can always bring the suit
• Person will sue County no matter if there is the extra coverage; may sue the board too
• In bankruptcy – people get paid last get sued by the people that didn’t get paid last and everyone gets pulled in
• Don’t think it’s likely to happen or cost money but understand why board have this fear; would like to take fear away

Mr. Dougherty asked if this will attract a lawsuit.  Mr. Stanczyk commented it formalizes the relationship between the County and the board.

Mr. Lavine:

• Appreciate opportunity to express, appreciate consideration, having served 23 years at Javits Center in NYC and 12 years at the Oncenter – would not be party to a cover up of any wrong doing of any sort
• Hope that you can put out of mind that exigency will not occur with current board members
• Dealing with remote possibilities; not implausibility’s; mass events in venues and history of country have disasters at these types of events - work with police, fire, etc to avoid this; mass events have a possibility of mass litigation
• Encourage having high caliber board members; cost free measure to reassure current board, future board members
• Purchased a rider on own policy to cover; do not think it’s right to purchase own insurance to cover volunteer position
• Idiosyncrasies in relationship between Oncenter and County; management agreement provides Oncenter indemnifies the County; no assets; only assets are proceeds of DNO policy in the event of successful litigation against Oncenter
• County has call on proceeds of DNO policy; cost free measure to go a long way; at juncture to fill seats for the board
• An attorney will sue everybody plausibly liable in situation – will look to those with particular resources; encouraging a lawsuit – reality; will be sued with extra policy or not

Mr. Fisher if there is a disaster, the County will be sued anyway.  Is there a scenario where someone would get more than the $2 million from the board members, and the County would have to step in and pay; pretty unlikely.  Mrs. Berger responded to Mr. Dougherty there are no lawsuits she is aware of against any board members.  Mr. Lavine replied to Mr. Fisher that the Javits Center was subject to class action litigation by employees and they were successful.  The situation is different because the NYCCOC is a public authority so they are backed by NYS.  A lawyer may say maybe they can bring in board members.  The issue of defense is an economic threat to those on the board.  Mr. Lavine wanted to stress that the board members are doing this without pay and believe it is important to be involved. 

Mr. Stanczyk commented he is abstaining, and will look for more facts from other convention center boards in the area.  Mr. Stancyzk believes it may be a black swan event and could be an easy yes.

A motion was made by Mrs. Rapp, seconded by Mr. Dougherty to approve this item.  Ayes:  2 (Rapp, Dougherty)  Abstentions:  2 (Stanczyk, Williams); MOTION CARRIED.

3.     SOCPA:  Don Jordan, SOCPA; James D’Agostino, Director

        a.     Amending the 2011 County Budget to Provide the Syracuse-Onondaga County Planning Agency with Additional Funds Beyond the Estimated Dollars Appropriated in the 2011 Budget, and Authorizing the County Executive to Amend the Contract with the Syracuse Metropolitan Transportation Council (SMTC) to Implement this Resolution ($295,851)

Mr. Jordan:

• Increase pass through funds in 2011 budget for SMTC; required prerequisite to allocation - $3 million in capital funds
• Host agency – advance budget with 100% reimbursement; working with estimate for budget – NYS finalizes budget then number confirmed

Mr. D’Agostino:

• Operating budget for SMTC – annual budget not in place until NYS in place; best guess; square up of what’s spent

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

4.     CENTERSTATE CEO:  Carol Eaton, Vice President of Marketing

        a.     Designating the Centerstate Corporation for Economic Opportunity as the Agency Authorized to Make Application to the New York State Department of Economic Development and to Receive Matching Funds Therefrom Under the New York State Tourist Promotion Act

• Permission to apply to NYSDED for tourism matching fund – one tourism promotion agency per County
• 2011 – received $57,000; in application process, matching funds cut by 30% - hoping for $39-$40 million, from state

A motion was made by Mr. Stanczyk to approve this item.

• Part of I love NY program – not division of tourism budget
• Designated for marketing; website, trade show, and collateral; I love NY on anything from CEO supported by funds

Mr. Dougherty seconded the motion.  Passed unanimously; MOTION CARRIED.

The meeting was adjourned at 10:58 a.m.

Respectfully submitted,

Jamie M. McNamara, Assistant Clerk

Onondaga County Legislature

 * * *

WAYS AND MEANS COMMITTEE MINUTES – OCTOBER 25, 2011

CASEY JORDAN, CHAIRMAN

MEMBERS PRESENT:  Mr. Corbett, Mr. Holmquist, Mr. Warner, **Mr. Stanczyk, Mr. Warner, *Mr. Kinne, Mr. Lesniak

MEMBERS ABSENT:  Mr. Kilmartin, Mr. Buckel

ALSO PRESENT:  Mr. Meyer, see also attached list.

Chairman Jordan called the meeting to order at 8:50 a.m.  A motion was made by Mr. Corbett, seconded by Mr. Kinne to waive the reading and approve the minutes of the previous committee.  MOTION CARRIED.

1.     SOCPA:  Don Jordan, Director

        a.     Amending 2011 County Budget to Provide the Syracuse-Onondaga County Planning Agency with Additional Funds Beyond the Estimated Dollars Appropriated in the 2011 Budget, and Authorizing the Co. Executive to Amend the Contract with the Syracuse Metropolitan Transportation Council (SMTC) to Implement this Resolution ($295,851)

A motion was made by Mr. Stanczyk, seconded by Mr. Corbett to approve this item.  Passed unanimously.  MOTION CARRIED.

2.     WEP:  Mike Lannon, Deputy Commissioner; Nick Capozza, Flow Control Division Manager

        a.     Authorizing the Acceptance of the Seventh North Street Water Main from the City of Syracuse for and on Behalf of the Onondaga County Sanitary District; Approving the Classification of an Unlisted Action Under the State Environmental Quality Review Act (SEQRA); Declaring Lead Agency Status; Accepting the Short Environmental Assessment Form; Making and Declaring a Negative Declaration; and Authorizing the County Executive to Enter into Agreements

Mr. Lannon:

• In 2012 budget presentation
• Acquire Seventh North water main from City of Syracuse, an abandoned force main
• Worked with DEC on consent order; approved facility plan, which would call for relieving surcharging at Electronics Park trunk sewer and pumping some wastewater to Ley Creek Pump station
• The abandoned force main would be used as a conduit to install a new force main to Ley Creek Pump Station

A motion was made by Mr. Stanczyk, seconded by Mr. Kinne to approve this item.

Chairman Jordan asked for explanation of the surcharge on the current trunk sewer.  Mr. Lannon said that there are concerns with infiltration inflow; there is grade defect – a reverse slop at the Hopkins Rd. trunk sewer.  It acts as a bottleneck.  They will be doing a number of things to alleviate the surcharging including rehabilitating a number manholes along Electronics Park trunk sewer and installing a force main.  The facilities plan identified that by all accounts this was the best method to alleviate surcharging concern. 

Chairman Jordan asked about the condition of the Seventh North Street pipeline.  Mr. Lannon said that they are hoping it is in good shape; calling for an investigation of it.  It needs to be in somewhat good shape; it will be used as a conduit--will be slip lined, so it doesn’t have to be pristine.  Chairman Jordan expressed concern that we are not taking on a huge problem where the pipe is in bad condition and County has to go in and spend millions of dollars to reconstruct the whole pipeline.  Mr. Capozza said that it will be used as a vehicle to pull another pipe through.  The biggest hurdle is going under Rt. 81.  Mr. Corbett added that the pipe would have to be totally collapsed in order not to use it; the City has alluded that it is not the case.  Mr. Jordan said that it is one of his concerns because it is water main—it is not a big mystery that a number of water mains in the City of Syracuse are in horrible condition.

In answer to Mr. Lesniak, Mr. Lannon said that all corrective actions have to be completed by May 2013.

Mr. Warner asked if the pipe will be high pressure.  Mr. Capozza said that it will be, but not as high a regular water main.  It will be plastic pipe, 10” diameter pipe.  The 10” gives additional capacity.  Mr. Kinne questioned why something bigger isn’t put in a 16” hole.  Mr. Capozza explained that the engineer looks at flow and system head curve, what is the most efficient pumping system and the most capacity that can be put in.  The larger diameter pipe creates too much retention time, and then end up getting odors.  There is a balance between capacity and flow.

Passed unanimously; MOTION CARRIED.

        b.     Authorize Execution of an Agreement with the Town of Geddes to Reimburse the Town Costs Related to Preventing Potential Backup of Sanitary Sewers in the Bronson Rd Area ($40,000)

Mr. Capozza:

• Over last 40 years have been basement flooding in 200-400 blocks of Bronson Rd, Geddes during extreme precipitation events
• Residents have experienced flooding and sewer back ups
• 2008 investigated – noted options – none were cost effective
• Worked closely w/Town of Geddes to come up with reasonable, corrective actions to protect residents & County
• Residents are connected directly to Westside trunk sewer, which was installed as part of the Westside sanitary district in the ’50s.  Houses were built in ’40s and ’50s throughout that area
• Project would help reduce infiltration and inflow at the point of connection to County trunk sewer and protect residents from sewage back up in extreme events

A motion was made by Mr. Lesniak, seconded by Mr. Corbett to approve this item.

In answer to Mr. Stanczyk, Mr. Capozza said that the total cost of this is $40,000 to the County; town is doing the administration. 

Mr. Corbett explained:

• This is part of the $3 million
• Been working on this for last 6 – 7 months
• Every project is recommended, brought before WEP and then has to be brought before the legislature for action
• This has been taken very carefully, step by step
•  Whispering Oaks was done
• Town of Geddes is doing in kind and on their own -- will be spending a lot of their own money
• Not just backflow valves; material was put into the trunk sewer at the time--the material has deteriorated
• Anything we do will help the County down the road from not going into the Westside pump station

In answer to Mr. Stanczyk, Mr. Capozza said these were connected in late ’50s.  He has reports of issues dating back to 1971.  Mr. Stanczyk said that we want to make sure things like this are done, want to also make sure we know what we are getting into.  There are a lot of areas around with similar problems.  Mr. Corbett said that this would have been done sooner but when first looked at it wasn’t fiscally responsible.  He has been on that street 3 times when 15-17 houses had 2-3 ft of raw sewage.  Finally reached a point where the County and the Town of Geddes can do this in a manner which will not take years to try to pay.  There are other areas around this that the town will be doing themselves to try to stop even more. 

Mr. Stanczyk asked if there is an incident with overflow in a house, does someone sue the County or town for damages.  Mr. Capozza said that they would sue the county; they are connected to the county trunk sewer.  Mr. Stanczyk would like to know how many areas of the county have situations like this. 

In answer to Mr. Warner, regarding legal obligation, Mr. Lannon said that if there is back up in the homes, the county has an obligation to notify the DEC if there is a sanitary sewer overflow.  It is more of a direct exposure/liability to the county vs. if homes were connected to a Town of Geddes trunk sewer that subsequently tied into the county trunk sewer. 

Mr. Kinne asked if this will solve the problem.  Mr. Capozza said that this will protect those homes from sewer backups during extreme events.  It will not stop street waters if the street floods.  It is all modern materials, and resists tree roots; should be good for 50 years.  Mr. Kinne questioned why it is taking so long to correct the problem, since other areas are known about.  Mr. Capozza said that the new sewer permits finally gave them the vehicle to allow them to do projects like this.  Local Law 13-1989 did not supply any language in it. Now allows for proactive approach rather than just building larger pipes and structures to handle wet weather flows.  Mr. Corbett referred to Floradale Road; had to have consent from DEC.  By doing this, the County won’t put ourselves in that position.

AYES:  6; NOES:  0; ABSTENTIONS:  1 (Stanczyk).  MOTION CARRIED.

        c.     Authorizing the Execution of Agreements with the NYS DEC Under the Water Quality Improvement Projects and Nonagricultural Nonpoint Source Projects Grant Program and Amending the County Budget to Accept the Grant Funds ($3,000,000)

Mr. Lannon:

• Grant used to offset Green Infrastructure program cost for Clinton sewer shed, specifically civic strip
• 25% match associated with this, equates to $3.75 million
• have been approved for the grant

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

        d.     Bond Resolution - A Resolution Authorizing the Issuance of $449,000 Bonds of the County of Onondaga, New York, to Pay the Cost of The Purchase of a Combination Sewer Cleaner, as Well as a Tanker, for the Onondaga County Sanitary District in and for Said County ($449,000)

Mr. Lannon:

• Part of 2012 budget package
• Purchase of combination sewer cleaner and tanker
• Tanker is critical piece of equipment- used to haul sludge from different treatment plants to the Metro Treatment Plant
• Sewer cleaner is critical – used for maintenance of sewers for county trunk sewers and town and village infrastructure – receive reimbursement for services

A motion was made by Mr. Lesniak, seconded by Mr. Corbett to approve this item.

Mr. Warner asked if the contract will be renewed for moving the sludge.  Mr. Lannon said that it is a priority of Commissioner Rhoads to look into different options for maybe a more beneficial reuse of biosolids.  The material would still have to be hauled from the other smaller treatment plants to Metro through use of a tanker truck.  Mr. Warner asked that the committee be provided with an update on this.

In answer to Chairman Jordan, Mr. Lannon said that $160,000 is estimated for the tanker and $289,000 for the sewer combination cleaner; it has not been formally priced out.  Mr. Capozza said that the last estimates were received in 2009 and 2010 -10% was added in for cost escalations.  Passed unanimously; MOTION CARRIED.

        e.     A Resolution Approving the Purchase of a Combination Sewer Cleaner, as well as a Tanker, for the Onondaga County Sanitary District of the County of Onondaga, NY

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

        f.      Bond Resolution - A Resolution Authorizing the Issuance of $10,000,000 Bonds of the County of Onondaga to Pay the Cost of the Construction of Certain Improvements to the Electronics Park Trunk Sewer System in and for the Onon. Co. Sanitary District in and for Said County ($10,000,000)

Mr. Capozza:

• Electronics Park Trunk sewer built in 1940s to serve GE complex in Salina
• As GE grew and the area grew, there were some issues
• Cross connection between Electronics Park Trunk sewer and Bloody Brook trunk sewer, which serves Floradale Rd. - the cross connection causes issues
• Will short circuit the flow, use some existing infrastructure – Liverpool pump station has 2.3 million gallon tank--instead of sending to trunk sewer, will send it right to the tank and utilize existing infrastructure
• Phase I:  manhole repair, Hopkins Rd trunk sewer and  cross connection to 2.3 million gallon tank
• Phase II:  utilize the water line, install pump station behind Holiday Inn on Electronic Parkway
• Will separate out Hopkins Rd service area and transmit flow from that point to Ley Creek Pump Station
• Will eliminate backups in Town of Salina, resolve the consent order with DEC at this location

In answer to Mr. Corbett, Mr. Capozza explained that they manholes were like old, Bilko door-type hatch covers.  Sometimes when catch basins are plugging and high water levels, it overtops those and floods.  They will be replaced with watertight manhole covers, go back to round traditional type of manholes. It will flood protect the manholes, to assure they don’t get any extraneous water in the facility during heavy precipitation.

In answer to Mr. Lesniak, Mr. Capozza said that the completion of the project will be May of 2013, will ask State to extend it a little – thinks all facilities will be on line and the consent order will be resolved at the end of 2013.  Mr. Lesniak asked if there is a draw off to keep capacity, when there isn’t high water.  Mr. Capozza said that there is – once the rain event is over, and they get a couple of days to dry up, a valve is opened and it sent back to Metro for further treatment.

A motion was made by Mr. Lesniak, seconded by Mr. Corbett to approve this item.  AYES:  6 (Corbett, Lesniak, Holmquist, Warner, Kinne, Stanczyk); NOES:  0; ABSTENTIONS:  1 (Jordan).  CARRIED.

        g.     A Resolution Approving the Construction of Certain Improvements to the Electronics Park Trunk Sewer System in and for the Onondaga Co. Sanitary District of the County of Onondaga

A motion was made by Mr. Lesniak, seconded by Mr. Corbett to approve this item.  AYES:  6 (Corbett, Lesniak, Holmquist, Warner, Kinne, Stanczyk); NOES:  0; ABSTENTIONS:  1 (Jordan).  CARRIED.

        h.     Bond Resolution – A Resolution Authorizing the Issuance of $5,600,000 Bonds of the County of Onondaga to Pay the Cost of Various Improvements at the Metro WWTP Including the Grit Handling Operations in and for the Onondaga Co. Sanitary Dist. in and for Said County ($5,600,000)

Mr. Lannon:

• Included in 2012 budget package
• Unit operations are critical for successful operation of treatment plant
• Pretreatment of wastewater before going into unit processes
• Units have been in operation for 30+ years; haven’t really had any major upgrades
• Install 3 new mechanical screen rakes, replace a number of process pipes, valves, etc.-due to wear and tear of grit
• Install new blowers that supply air to treatment process
• Looking for better flow and grit distribution amongst the existing tanks
• Replace several pumps

Mr. Corbett noted that a lot of the new pumps and electronics will be variable starts, which will cut energy consumption down. 

A motion was made by Mr. Lesniak, seconded by Mr. Corbett to approve this item.  AYES:  5 (Corbett, Lesniak, Warner, Kinne, Stanczyk); NOES:  0; ABSTENTIONS:  1 (Jordan); OUT OF ROOM:  1 (Holmquist).  MOTION CARRIED.

        i.      A Resolution Approving Various Improvements at the Metro WWTP Including the Grit Handling Operations in and for the Onondaga County Sanitary District of the County of Onondaga

A motion was made by Mr. Corbett, seconded by Mr. Lesniak to approve this item.  AYES:  5 (Corbett, Lesniak, Warner, Kinne, Stanczyk); NOES:  0; ABSTENTIONS:  1 (Jordan); OUT OF ROOM:  1 (Holmquist).  MOTION CARRIED.

        j.      Bond Resolution - A Resolution Authorizing the Issuance of $12,405,000 Bonds of the County of Onondaga to Pay the Cost of the Construction of Certain Improvements to the Oak Orchard Facilities in and for the Onondaga County Sanitary District in and for Said County ($12,405,000)

Mr. Lannon:

• 30+ year old treatment plant; since its construction there have been no major improvements
• Have concerns with hydrogen sulfide that comes in from pump station force mains that contribute to flow to the Oak Orchard treatment plant – caused problems with concrete degradation and mechanical degradation of equipment
• Make various improvements to plant headworks:  replacement of plywood to prevent falling concrete; replace screen rakes – critical pieces of equipment - various structural repairs and various mechanicals in the headwork’s building
• Make various improvements to primary treatment:  cog bridge – install newer equipment and better technology; various improvements to electrical system – replace motor control centers; provide backup power
• Aeration system:  inject pure oxygen into wastewater for treatment – looking to make various improvements:  replacing seals, various mechanicals; clean lagoons-part of treatment process before it goes to river;
• Building improvements:  various HVAC improvements; installation, windows, etc.
• Biosolids transportation:  improvements to on loading/offloading station

In answer to Mr. Lesniak, Mr. Lannon explained that Oak Orchard has a design capacity of 10 MGDs; are typically around 6 MGDs; peak during wet weather events because of inflow and infiltration, but well within capacity.

A motion was made by Mr. Lesniak, seconded by Mr. Corbett to approve this item.  AYES:  6 (Corbett, Lesniak, Warner, Holmquist, Kinne, Stanczyk); NOES:  0; ABSTENTIONS:  1 (Jordan).  MOTION CARRIED.

        k.     A Resolution Approving the Construction of Certain Improvements to the Oak Orchard Facilities in and for the Onondaga County Sanitary District of the County of Onondaga, New York

A motion was made by Mr. Corbett, seconded by Mr. Lesniak to approve this item.  AYES:  6 (Corbett, Lesniak, Warner, Holmquist, Kinne, Stanczyk); NOES:  0; ABSTENTIONS:  1 (Jordan).  MOTION CARRIED.

3.     ONONDAGA COUNTY RESOURCE RECOVERY AGENCY:  Andrew Radin, Director of Recycling & Waste Reduction; William Bulsiewicz, Legal Counsel

        a.     A Local Law Enacting a New County Source Separation Law, and Repealing Local Law No. 12–1989 as Amended by Local Law No. 14–1991 (Sponsored by Mr. Corbett)

Mr. Radin:

• Collectively reconfirming commitment to topnotch recycling program for our community
• Want to obtain statewide and nationwide leadership
• After 22 years it is time to update the original source separation/recycling law
• Bring consistency to 2 local laws that address recycling requirements - 1989, 2003

Chairman Jordan said that the fine structure exists currently-- fines can be split between OCRRA and enforcing municipalities.  He understands that the municipalities haven’t really been enforcing the fine.  Mr. Radin noted that there is no mechanism for splitting the fines.  OCRRA has never imposed a fine to any waste generator.  They are proposing that the fines within their entirety would go to enforcing municipality.  OCRRA is not looking to this as revenue generating system; looking at it as a great way to maintain a great recycling program. 

Mr. Lesniak asked if DEC has imposed fines for OCRRA.  Mr. Radin said “no”; through permits the agency has with DEC, OCRRA is really the regulatory/enforcing entity for the community regarding recycling compliance.  Mr. Lesniak asked if OCRRA isn’t enforcing if trash collector is picking up trash and picking up recycling bins and throwing them in the trash on the same truck.  Mr. Radin said it is enforced through the contractual relationship with the hauler; there are contractual penalties if that were the haulers practice.  It is not being done through the local recycling law, which they would like to be able to do.  Mr. Lesniak said DEC also enforces it; Mr. Radin said “no”; Mr. Lesniak disagreed.

Chairman Jordan clarified that with the change to the law, in the first instance there will be warning letter advising that they have violated the law and ask them to come into compliance.  Mr. Radin agreed. 

Mr. Stanczyk said that a public hearing on this should be held.  He asked about the 5% of the business that don’t recycle.  Mr. Radin answered that 5% is an estimate; by far and large our community does a great job recycling.  The update to this law would be very helpful in getting the other 5% in sync with what the rest of the community is doing.  Mr. Stanczyk asked who goes to the businesses to do inspections, sets the warning and fine.  Mr. Radin said that OCRRA has a team of recycling specialists, who go out every day to businesses, schools, apartment complexes, and focus on helping the businesses establish recycling programs; trying to help them comply.  

Mr. Stanczyk is concerned that the public should know what is proposed; have some opportunity for input by the public.  There has always been a problem with the system we have in place – a system that wants to burn and on the other side recycle, which are in conflict with each other.  Mr. Radin explained that the community recycles north of 60% of the waste, which is the envy of any community.  OCRRA focus is to be in compliance and follow state’s hierarchy to solve waste management – reduce, reuse, recycle before there is any effort to process through waste to energy.  Mr. Bulsiewicz said that some of the conflict was something of concern at the time when the community was deciding whether to go with waste to energy.  It was resolved by the inclusion of a requirement that 40% of the accessible had to be recycled in the WTE permit.  The permit was just reissued recently and the 40% number is a very aggressive number.  There is a legal requirement and the permit requirement has never been violated since they started in 1984.  He noted that in the ’90s some of the source separations violations were taken to court.  They had some people saying that they didn’t care about recycling as it costs them time and effort.  He went to the DA’s office and they went to court together.  There were inconsistencies, bad wording in the local law, especially regarding the provision on where the fines go.  They have worked with the County Law Dept.  In the re-write, it was decided to define a fine structure that would promote the court entertain fees and promote the DA’s office to enforce it when people are just thumbing their nose at recycling.  There aren’t really problems with the recycling being at odds with WTE because recycling rates are going up fairly consistently and there is a requirement to recycle.  They are not making major changes; not rewriting the concept of the recycling law; doing tweaking to make it more effective.

Chairman Jordan noted that these are changes to the law, but it really doesn’t change the law.  The law already provides for the imposition of the fines.  If anything, it provides that in the first instance there is no fine imposed and a warning is issued.  It changes the likelihood of enforcement.  Mr. Stanczyk said the laws have been in place and no one has been fined.  Now there is a change for enforcement and known where the money is going to go if there is a fine – it is setting up to fine people.  Because it is a complete departure of what is happening currently, there should be a public hearing.

Mr. Radin noted that the fines have been in place since 2003; this is just to bring it forward to update the 1989 law.  The fines passed previously would be pulled into the current update.

Mr. Kinne agreed that a public hearing should be held.  He noted several concerns:

• Since the City started charging for getting rid of TVs, they are being found in deserted roads in the city; electronics issue hasn’t been dealt with appropriately
• Not enough being done with City School District – don’t have a good recycling program
• Questions if an apartment complex in his area is recycling at all

Mr. Kinne asked if it is illegal if person takes a bottle out of someone’s blue bin for the $.05  bottle deposit.  Mr. Radin said that it is illegal; there is no scavenging of materials from the blue bin.  Mr. Kinne said that there are people in his district, who walk by with plastic bags and collect the $.05; they are living off of it.  Mr. Kinne questioned why the County would be against that; it seems it would help the community.  Mr. Corbett said that if someone were to complain, then it would be addressed.  Mr. Radin noted that if people are pulling out materials of high value, it undermines the financial viability of the program. 

Mr. Radin noted that this law would be a helpful tool for apartment complex and school recycling.  Mr. Kinne asked why OCRRA hasn’t dealt with the City School District sooner.  Mr. Radin said that they have dealt with the City School District almost every day.  Mr. Kinne noted that Roberts School won an award a few years ago for recycling.  He has been told what happened with all of it after OCRRA left; doesn’t know if it is true or not.  If it is true; there is a problem.  He knows that Meachem School does not recycle.

Mr. Kinne referred to Mr. Radin’s comment about the financial viability being determined by scavengers taking out high value items from bins.  He said that OCRRA does not have people sorting it when a recyclable truck goes to Rock Cut Rd. and dumps it out on the floor.  Mr. Radin agreed and said that is why OCRRA wants to see excellent source separation, which is what the law defines and calls for – not allowing it to go into the trash.  Mr. Radin said that OCRRA tries to have an excellent ongoing public education program – get people to do the right thing in the first place.  When they have done the waste quantifications, they have found that there is very little recyclables in with the trash.  Every year by doing our small part with the blue bins, approximately 40,000 tons of material is kept out of the trash; business keep out over 180,000 tons.

In answer to Mr. Stanczyk, Mr. Radin said that the material that goes into the trash is processed at the waste to energy facility.  Mr. Stanczyk said that then there is an actual public benefit for having the scavenging go on; making sure that the money goes to actual real people, rather than bottling concerns.  Mr. Radin disagreed – when someone is rifling through blue bins, and isn’t known if they are taking cans or personal papers, folks get concerned about it.  They could be taking personal information that could result in identity theft.  Mr. Kinne said that he has never seen anyone pick up papers; they want the bottles and cans.

Mr. Corbett said that the thrust of this law was to address commercial efforts; there is virtually no change to residential requirements.  He has tried to constantly keep all legislators involved in this.  This law, and its companion, has actually been changed at least 10 or 12 times.  Some of the input has come from Sierra Club, people that live around OCRRA; and Mrs. Ervin has reached out.  There will still be hearing because it is a local law, and there is a public comment right before the session.  He doesn’t think that special one night public hearing will help or hinder this.

Mr. Lesniak asked what the changes are to the commercial side.  Mr. Radin said “really none” – it is better defining the other recycling practices that are already common in the community.  Mr. Lesniak said that the County Executive will hold a public hearing, as this is a local law.

Mr. Bulsciewz referred to scavenging, and pointed out that it is on the books right now – it is in the 2003 law.

Mr. Warner referred to changes and noted that right now there is 1989 recycling law and a 2003 flow control law.  He said that the flow control law pertains to much more than recycling; Mr. Radin agreed.  Mr. Warner noted that in 2015 Covanta has the opportunity to purchase the incinerator for $1.  Right now there is about 40,000 tons per year less than capacity going through the incinerator.  When Covanta purchases it, it becomes a private ownership and the flow control laws no longer apply.  Someone outside of Onondaga County can bring in 40,000 tons to the incinerator.  Mr. Radin said that he was not prepared to answer some of the important questions that will face the community for waste management for the next 20 years.  The Board is reviewing those issues now.  Mr. Warner said that it is an important issue; right now there are laws to prohibit it.  Once it becomes privately owned, and if the County no longer has a say so, garbage could be brought in from outside Onondaga County to fill the incinerator.  Next, the same might apply to the landfill, worth millions and millions of dollars.  It should be the subject of a meeting.

* Mr. Kinne left the meeting.

Mr. Corbett referred to the 2003 law; have kept intact all of the flow control; have removed references on the recycling because there is a recycling law.  He noted that he had a 20 minute conversation with a reporter yesterday specifically about Mr. Warner’s concerns.  There was an attempt to do that here; he has said that nothing will be brought up in 2011.  Anything regarding it has to be brought up after all of the new legislators are in place.  It is not going to be jammed in over the next two months.

Mr. Corbett said that this is a tremendous law; it is one of the most significant laws that Onondaga County will pass for the benefit of Onondaga County.

A motion was made by Mr. Lesniak, seconded by Mr. Corbett to approve this item.  AYES:  4 (Jordan, Corbett, Lesniak, Holmquist); NOES:  0; ABSTENTIONS:  2 (Warner, Stanczyk).  MOTION CARRIED.

        b.     A Local Law Amending Local Law No. 5 – 2003 which Provided for the Regulation, Collection, and Disposal of Solid Waste Originating in the County of Onondaga (Sponsored by Mr. Corbett)

A motion was made by Mr. Lesniak, seconded by Mr. Corbett to approve this item.  AYES:  4 (Jordan, Corbett, Lesniak, Holmquist); NOES:  0; ABSTENTIONS:  2 (Warner, Stanczyk).  MOTION CARRIED.

4.     WAYS & MEANS MISC.:

        a.     Authorizing an Agreement with the Town of Lysander to Defray the Cost of Waste Water Improvements for Whispering Oaks Pursuant to Local Law No. 1–2011 (Sponsored by Mr. Lesniak)

Mr. Lesniak:

• A project was proposed to go under the river
• Co. Executive did not want to approve it because Harbor Heights would be at capacity on other side
• Grants were sought to go down Rt. 370; a substantial amount of miles, to hook into West Genesee Sewer Dist.
• Most of the cost to go down Rt. 370 was covered in a grant, other than $120,000.
• Residents of development will see a sewer unit charge increase for what it would have cost them were the project to go under the river
• Out of the $120,000, County’s cost is $60,000; the other $60,000 to be defrayed over 5 years.

Mr. Stanczyk noted that when hooking into the County system, usually they pay the cost of the hookup.  Mr. Lesniak said that the residents will be paying the cost of the hook up that would have been there if it were to go under the river and into Harbor Heights.  The County would have had to upgrade Harbor Heights, should there be any future growth.  In answer to Mr. Stanczyk, Mr. Lesniak explained that the $60,000 is sewer unit charges that will be defrayed over 5 years.  For the total project, the residents will see roughly a $600 increase in their sewer unit charge.  This reduces it by about $200 for 5 years to allow to pay for the expansion and excess capacity built into the pipe for future growth that could go in that area.  Mr. Stanczyk questioned why the County would pay $60,000.  Mr. Lesniak said that the County built a sewer that was larger than what was needed for that development.  Chairman Jordan explained that instead of building it to address this particular development, a larger system is being built to allow for expansion; County is paying for the excess capacity.

In answer to Mr. Stanczyk, Mr. Capozza said it will be an 8” force main.  As a benefit, the County will bring additional units on in the end, potential of hooking up 250 units.  Going under the river wouldn’t have really served anybody else.  The $60,000 was the residual that wasn’t covered under the grant; from a capital improvement perspective, $60,000 is a very reasonable number.  The total cost of the project was $1.2 million.

Mr. Corbett noted that the community septic system, which has failed, was approved, designed and put there by Onondaga County. 

A motion was made by Mr. Corbett, seconded by Mr. Lesniak to approve this item.  AYES:  5 (Jordan, Corbett, Lesniak, Holmquist, Warner);  NOES:  0; ABSTENTIONS:  1 (Stanczyk).  MOTION CARRIED.

        b.     Amending the 2011 Onondaga County Budget to Provide Funds for the Payment to NYS for the Early Retirement Incentive Program (Sponsored by Mr. Rhinehart)

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

        c.     Memorializing the Continued Support of this Onondaga County Legislature for the F-35 Joint Strike Fighter (Sponsored by Mrs. Tassone)

A motion was made by Mr. Stanczyk, seconded by Mr. Corbett to move this item directly to the floor.  Passed unanimously; MOTION CARRIED.

        d.     A Local Law Amending the Onondaga County Charter and Administrative Code to Provide for Information on Letters of Distribution (Sponsored by Mr. Meyer)

Mr. Meyer:

• In the 2011 budget there was great deal of discussion on letters of distribution
• A resolution was unanimously passed – request Comptroller and Management & Budget provide particular information on letters of distribution and put it in the budget book
• Budget Dept. provided the information initially for the Ways & Means Committee
• Information was not put in the budget book
• Onondaga County Charter provides legislature with complete line by line approval for people and pay -has observed that in most cases that happens, but many times it does not
• In some depts. the payroll is off – Comptroller and Budget were about $2 million apart
• During last budget cycle he discussed matter w/Facilities Commissioner where some work was being done at ballpark – non emergency – it was a number of people for a number of months.  Co. Facilities budget was being overcharged and ballpark was under charged.
• Has concerns that if current procedure is not disclosed, would it pass an audit by the state of feds
• Has not seen any documentation on how numbers were arrived at
• Wildridge Case – final analysis was that by Charter and by Courts, that the legislature has budget control
• Wildridge Case – added role of Comptroller--obligation to make sure all budget items were properly addressed
• Informational item - complex issue; asked members to discuss matter with Comptroller’s office
• Discussions with Comptroller’s office – believes that a more detailed paper trail needs to be developed

Mr. Stanczyk said he would be comfortable voting for it; more clarity is needed.  Legislature is responsible for line items in the budget

Mr. Meyer said that it can be done when it is in the County’s best interest and would be getting a lot of money – referenced Labor Day storm where detailed spending was shown.  Every expense was kept track of so that the County could get the money back.

Mr. Lesniak asked if this changes the original resolution which was already passed, other than to change the Charter and Code.  Mr. Meyer agreed and noted that the original resolution was a request.  Mr. Lesniak asked if there has been any discussion with the Executive side as to why they didn’t provide that.  Mr. Meyer stated that he asked the question, but received a rather oblique answer.

Mr. Seitz noted that letters of distribution go back as long as he has been with the County.  They were initially used for grants; for DOT – some charged to budget some are charged to capital.  They have never been any trouble documenting the distribution to salaries from a grant, from one department to a bond issue or to another department.  There has never been an audit issue; feels they are a little clearer that interdepartmental charges.

Mr. Stanczyk referred a request made to a former county executive – wanting a clear depiction between the 101 line, amount spent for administrative costs, and amount spent for line costs.  A request was made and ignored.  He understands the frustration, this is information that the legislature needs – things are being done and not in the full light of day.  The full light of day would be better for the legislature and government as a whole.  Onondaga County has a very week county executive form or government, but every county executive has always been strong willed about how and why they want to do things.  Information that the legislature needs to make decisions on, should be made available. 

Mr. Antonacci said that the Comptroller’s office has three concerns:

• breadth and depth of this practice has gotten more extensive than it was in the past
• would like to see more grossing up; see the gross appropriation in the department that is responsible for it.
• would like to see more detailed analysis on how the calculations are made, especially when charging to WEP or Van Duyn, which are not part of the general fund.

        e.     Amending Res. No. 265-1994, as Amended by Res. No. 4-1995, Regarding Partial Payments of County and Town Real Property Taxes (Sponsored by Mr. Meyer)

Mr. Meyer:

• Has support of tax receivers -- County can set up partial payment plan so receivers have ability to collect partial payments, as they can’t currently

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

**Mr. Stanczyk left the meeting.

        f.      Confirming Reappointments to the Onondaga County Water Authority (Dr. Eileen Gilligan, Susan Miller) (Sponsored by Mr. Rhinehart)

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

5.        LAW DEPARTMENT:

           a.        Trial Update – John Sharon, Senior Deputy County Attorney

A motion was made by Mr. Corbett to leave regular session and enter executive session to discuss Brian Frederick Radford v. County of Onondaga, seconded by Mr. Lesniak.  Passed unanimously; MOTION CARRIED.

A motion was made by Mr. Corbett, seconded by Mr. Lesniak to exit executive session and enter regular session, noting no action was taken during executive session.  Passed unanimously; MOTION CARRIED.

The meeting was adjourned at 10:50 a.m.                                         

Respectfully submitted,

DEBORAH L. MATURO, Clerk

Onondaga County Legislature

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