ENVIRONMENTAL PROTECTION COMMITTEE MINUTES – SEPTEMBER 12, 2016

MICHAEL E. PLOCHOCKI, CHAIRMAN

MEMBERS PRESENT:  Dr. Chase, Mr. Burtis, Mrs. Rapp

MEMBERS ABSENT:  Mrs. Tassone

ALSO ATTENDING:  See attached list

Chair Plochocki called the meeting to order at 9:08 A.M.  A motion was made by Dr. Chase, seconded by Mrs. Rapp, to waive the reading of the proceedings from the previous committee.  A motion was made by Mrs. Rapp, seconded by Dr. Chase, to approve the minutes from the previous committee.  MOTION CARRIED.  

Chair Plochocki took the agenda out of order.

3.     OFFICE OF ENVIRONMENT:  Travis Glazier, Director; Dereth Glance, Executive Director OCRRA; Amy Miller, Engineer OCRRA

        a.     Adopting the Onondaga County Local Solid Waste Management Plan

Chair Plochocki welcomed Ms. Glance and introduced her as the new executive director of OCRRA. 

Chair Plochocki said that the DEC requires updating of the Solid Waste Management Plan (SWMP).  Previously, an updated plan was presented at the same time as the Cortland County Ash for Trash agreement was considered.  The plan contained alternate language to contemplate the two outcomes of the Cortland County agreement.  However, consideration of the Cortland County agreement was very contentious and updating the SWMP was pulled.  Currently there are no plans for an agreement with Cortland County.  Therefore, the language does not need to be included in the agreement and future language may be added as needed. 

Chair Plochocki asked if there were other changes to the SWMP previously presented.  Mr. Glazier said that there are 2 other changes. The memo provided details the changes to the draft that is posted on the Onondaga County website http://www.ongov.net/environment/stormwater/

Chair Plochocki asked if Ms. Glance recommended the changes.  Ms. Glance said that today was her fourth day on the job.  In general, everything is fine, especially as a living document.  The waste stream continues to change so they want flexibility.  She is concerned that there may be an unintended consequence from the last sentence in Section 7.4, “In the future, OCRRA will explore progressive rate structures that promote and reward recycling, reuse and reduction of material added to the waste steam”.  At face value, this is fine.  However, they are facing significant financial challenges.  In the first budget meeting there was a suggestion to remove the zero tip fee for recyclables.  However, they feel this is critical.  The language was added with the intent to ensure OCRRA was maximizing recycling however, she wants to make sure there is not an unintended consequence from people conscientious of the sustainability, from a fiscal prospective, of the agency.  

• Several members of the legislature recommended changes based on public comments
• Interested in rate structure that penalized additional solid waste, thereby diverting people to recycling; unable to find existing rate structure – public comments pushed for stronger rate structures to promote recycling, intended to explore progression and allow the OCRRA Board to consider other components within the aspects of the plan, i.e. fiscal sustainability of any program
• Prior language protects Ms. Glance’s concerns

For clarification, Ms. Glance suggested changing the wording to read, “In the future, OCRRA will explore progressive solid waste rate structures”, so that recycling is off the table.  She is very concerned about moving away from a zero tip fee and believes that legislators would support the change. 

Chair Plochocki suggested approving the language as is, with the caveat that this is not the end of the process.  He will talk with the legislators who suggested these changes, and noted that amendments may be made at any time.  Ms. Glance said that she appreciates moving the plan forward.

Mrs. Rapp said that microgrids were the topic of the last Regional Planning Board meeting and a study suggested that a microgrid be formed around the hospitals and SU, using power from OCRRA, and waste as a revenue stream.  Ms. Miller said that OCRRA was involved with the study and was support of it.  It is outside of the SWMP, but provides additional value to the waste to energy plant.  Mrs. Rapp said that it provides another revenue source and may preclude the need for a tipping fee.  Ms. Glance said that she looks forward to getting additional briefings.  All options are on the table - they do not take taxpayer dollars and want to be as sustainable as possible.  Mrs. Rapp said that this was a win-win. 

In answer to Dr. Chase, Ms. Miller said that there is no tipping fee for residential recyclers.  Dr. Chase said that Skaneateles is not involved with OCRRA, but sends their recyclables to Albany and questioned why.  Chair Plochocki said that Skaneateles is part of his district and they are convinced that they save money.  However, Mr. Donnelly has insisted that Skaneateles was not accounting for everything, so their bottom-line number was inaccurate.  Ms. Glance said that the zero tip fee was only for residential recyclers that are members of the system. 

Ms. Miller said that OCRRA subsidizes the zero tip fee program for its members.  When prices are down, as they are currently, there is a cost for recycling.  OCRRA pays a fee to Waste Management Recycle America facilities for all the material haulers bring in.  Recycling is not free.  Ms. Glance said that they do not control global markets, i.e. cardboard price in China.  OCRRA’s role, as a public benefit corporation, is to invest in facilities here, so that people have recycling facilities that they can count on when markets go down.  

A motion was made by Mrs. Rapp, seconded by Mr. Burtis, to approve this item.  Pass unanimously; MOTION CARRIED.

1.     REGION 7 FISH AND WILDLIFE BOARD: 

       a.     Confirming Appointments to the Region 7 Fish and Wildlife Management Board (Stephen Wowelko, David R. Simmons

Pulled

2.     WATER ENVIRONMENT PROTECTION:  Tom Rhoads, P.E., Commissioner 

        a.     Authorizing the County Executive to Enter into a Contract with the United States Department of the Interior, for the Operation and Maintenance of Stream Gaging Stations in the County of Onondaga

Chair Plochocki complimented Commissioner Rhoads on the Clean Water Fair’s smashing success.  He added that the committee would be touring the Clinton Facility, as it was very impressive, and would be worthwhile for the committee to see.  Mr. Rhoads said that the facility has the best green roof in the system. 

Mr. Rhoads:

• Stream gauging required as part of AMP for the ACJ
• Partner with USGS, measures flow of tributaries into the lake

In answer to Chair Plochocki, Mr. Rhoads confirmed that the contract is approved on a yearly basis and they tweak the amount for the cost for services provided; feds do the work.  Mrs. Rapp asked if ESF was doing the work, or helping with it, for a time.  Mr. Rhoads responded that he did not know, adding that many use the data for various uses outside of their needs.

A motion was made by Mrs. Rapp, seconded by Dr. Chase, to approve this item.  Pass unanimously; MOTION CARRIED.

        b.     Reducing Authorized Costs for Certain Improvements Made for the Midland Avenue CSO Abatement Project in and for the County of Onondaga, New York Pursuant to Section 41 of the Local Finance Law, and Amending Resolution Nos. 50-2008 and 51-2008

Chair Plochocki said that items b and c are joined together and are cost neutral.  WEP is simply moving money from one budget to another, but needs to go through the approval process.

Mr. Rhoads:

• ACJ budgets and CSO basins established decades ago; projects established with EFC and DEC go through a planning and engineering report process - 5 different sewersheds as independent projects, all serve the same combined sewer area of the ACJ

• County Legislature established separate budgets decades ago, nearing end, makes sense to move monies to areas with higher priority of need
• Decrease Midland and increase Harbor Book budget for same amount; increase requires public hearing (see item 2c) a two-step process
• CSO’s in Harbor Brook go off more frequently - low threshold causes small rainstorms to release unacceptable contaminates into the environment, does not meet water quality standards
• Shifting money from red area to yellow

Mrs. Rapp asked if Midland was complete.  Mr. Rhoads said that they will be doing work in CSO’s 052, 060 and 077, but Midland has an adequate budget to get them to completion.  Mrs. Rapp questioned if it would be better to leave the funds for future repairs.  Mr. Rhoads said that they are allowed to do ACJ work, but he is not sure about future repairs.  They are acutely interested in helping the Legislature maintain the sustainability of their rate.  

Mrs. Rapp said they already bonded for the funds and they should be used where they are needed.  Mr. Rhoads said that they have the authorization, but have not drawn the funds down.  For smaller projects, they use fund balance and then work generally work with Mr. Morgan in January or February to bond for the funds.  They only borrow what is necessary at that time, are incurring debt in advance, and avoid over borrowing. 

Mr. Rhoads reiterated that he would be back to request the Harbor Brook funds.  In answer to Mrs. Rapp, Mr. Rhoads confirmed that they would not be coming back to request additional funds for Midland. 

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

       c.     A Resolution Calling a Public Hearing for the Purpose of Considering an Increase in the Cost of Harbor Brook CSO Improvements

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

The meeting adjourned 9:46 A.M.

Respectfully submitted,

KATHERINE M. FRENCH, Deputy Clerk

Onondaga County Legislature

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WAYS AND MEANS COMMITTEE MINUTES – SEPTEMBER 14, 2016

DAVID KNAPP, CHAIRMAN

MEMBERS PRESENT:  Mr. Shepard, Mr. Kilmartin, Mr. Jordan, Ms. Williams, Mr. May, Mrs. Ervin

ALSO PRESENT:  Chairman McMahon, Mr. Liedka, Dr. Chase

Chairman Knapp called the meeting to order at 9:05 a.m.

A motion was made by Mr. Kilmartin, seconded by Ms. Williams, to waive the reading of the minutes of the proceedings of the previous committee.  MOTION CARRIED.  A motion was made by Mr. Kilmartin, seconded by Mrs. Ervin, to approve the minutes of the proceedings of the previous committee.  MOTION CARRIED.

Chairman Knapp took the agenda out of order.

4.     MISC.:

        a.     Designating Oct. 16–22, 2016, as “Freedom From Workplace Bullies Week” (Sponsored by Mr. Liedka)

Mr. Liedka:

• An organization out of Buffalo advocates for a positive work environment
• They contacted the Chairman about a program they have to try to bring about awareness in the workplace
• Freedom From Workplace Bullies Week” will be recognized from 10/16 – 10/22
• Good idea – obviously it something we should live every day; have witnessed firsthand what bullies can do in a work place, both in the public sector as a mayor and in the private sector with a large corp. 
• Have seen financial impacts through lawsuits; have seen work production slide; and mental health impact

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

1.     ONONDAGA COMMUNITY COLLEGE:  Bill Fisher, Deputy Co. Executive

        a.     Confirming Appointment to the OCC Board of Trustees (Eulas Gene Boyd)

• Eulas Gene Boyd is the Co. Exec. appointment subject to legislature approval
• Vacancy occurred after Don Mawhinney’s extremely distinguished career and record of service at OCC
• Reviewed Mr. Boyd’s credentials in higher education, noting that legislators have been provided with resumes

Mrs. Ervin said that she knows Mr. Boyd and he is good guy.  Chairman Knapp stated that this a very important position, and is replacing a legend.  Mr. Boyd has an impressive resume, but this is the first that he has really heard his name – if possible thinks members should meet him or be able to do a little bit of research.  He will not call for a vote today on this, as it is a little new.  It is considered and can move forward at the regular session.

Chairman McMahon asked if Mr. Boyd has spoken to Dr. Crabill or the trustees.  Mr. Fisher said that he didn’t know, but will find out. 

Mrs. Ervin asked if this is normal to have someone come in to meet us before we approve.  Chairman Knapp said that it really depends on the position.  This is a very important one and would like to at least shake his hand and ask a few questions.  Chairman McMahon noted that this is a 10 year appointment.  Chairman Knapp said that he is not saying that he isn’t going to support it; it will be Chairman McMahon’s discretion for the regular session agenda.  It is nothing controversial by any stretch.  Mrs. Ervin said that it sounds that way because we make lots of big decisions and don’t have people come before us.  He is great guy and has an extensive resume.

2.     WATER ENVIRONMENT PROTECTION:  Tom Rhoads, Commissioner

        a.     Authorizing the County Executive to Enter into a Contract with the U.S. Department of the Interior for the Operation and Maintenance of Stream Gaging Stations in the Co. of Onondaga ($84,260)

• Done on annual basis – required stream gaging stations as part of the ACJ - where the amount of velocity & volume is measured that comes through all tributaries to Onondaga Lake
• Contract with U.S. Dept. of Interior, another governmental entity
• Consistent with what is budgeted; cost sharing  arrangement – county pays for approx. 65%., balance paid for by USGS

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

        b.     Reducing Authorized Costs for Certain Improvements Made for the Midland Avenue CSO Abatement Project in and for the County of Onondaga, New York Pursuant to Section 41 of the Local Finance Law, and Amending Resolution Nos. 50-2008 and 51-2008 ($3,700,000)

Mr. Rhoads distributed the following:

• Sewer sheds in the ACJ – there were 5 at one time
• Before Save the Rain Program - there were discussions about having 5 regional treatment facilities
• There was a lot of discontent with Midland RTF – moved away from RTF approach and are doing Save the Rain, green infrastructure approach – capturing storm water at the point where it hits the ground
• By NYS EFC, we have to have separate projects and separate engineering projects – separate budgets were established for each of the sewer sheds
• Companion resolution went to Env. Prot. Committee – one will add $3.7 million into Harbor Brook; one will subtract $3.7 million from Midland
• Reaching end of the line on ACJ program – have more work to do in Harbor Brook and a little bit of budget and capacity that is not needed in Midland
• Readjusting the CSO program to hit where it is needed – no additional borrowing is being requested; reducing authorized budget for Midland sewer shed

Chairman McMahon asked if green projects have been identified in Harbor Brook or do we know that more rain water needs to be captured.  Mr. Rhoads said that these are all small CSO’s but any contribution tends to create a water quality issue.  The Green Planning Committee has starting to identify potential projects with the Harbor Brook sewer shed.  Chairman McMahon said that in a sense more water needs to be capture in Harbor Brook and you have done a good job in Midland.  Mr. Rhoads said that they continue with Midland; doing a great project on South Ave, around Elmwood School – also Lancaster and Ackerman.  The Midland budget is adequate to support what is projected.

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

3.     PARKS & RECREATION:  Bill Lansley, Commissioner

        a.     Amending the 2016 County Budget to Make Federal Emergency Management Agency Funds Available for Use in the Onondaga Lake Hazard Mitigation Program, and Authorizing the Execution of Agreements ($35,248)

• 2011 substantial flooding around Onondaga Lake – massive debris came on shore; shore line that was not protected washed away – no stabilization
• Emergency Mgmt. coordinated with DOT and Parks to procure FEMA funds, $35,000
• Looking to use $35,000 to add riprap – large rock – along the shoreline – capital project
• Almost the entire east shore of Onondaga Lake Park has riprap, but the marina to Bloody Brook is open 

Chairman Knapp asked what the total cost of the project is.  Mr. Lansley said they have approximately $230,000 to finish the stretch from the Marina to behind the Salt Museum

Mr. Jordan asked if these were already monies in the 2015 budget.  Ms. Fricano said that the money was received in 2013-2014.  Mr. Lansley said the Emergency Management did the entire application on behalf of three departments.

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

4.     MISC.:

        b.     Authorizing the Acceptance by the County of Onondaga of a Right-of-Way to be Dedicated and Held for Public Use within the City if Syracuse

Mrs. Berger said that her understanding of this is fairly limited, but said that it is related to the Inner Harbor Development Project -- there are a series of private streets mapped out across the parcel.  There is a request for the county to accept a right of way across these streets for public use.

Mr. Jordan said that he is not sure why we are doing this.  From what he can gather, they will be giving the county the street roadways and once the development is done, we will be giving it back.  Mrs. Berger said that it is common with development within towns - when development is occurring the rights of ways turn into streets.  Mr. Jordan said that usually what happens is that the developer owns the land, develops it, and then once they finish developing it then the municipality that assumes it can maintain those streets.  In this situation, the county doesn’t own it right now, is going to be taking ownership of it, it is going to be developed, and then it will be transferred over to the City of Syracuse.  It doesn’t make much sense.  In the meantime, it is county property and if someone slips and fall on it, the county get sued and the intent is never for the county to actually own or maintain that road. 

Mr. Jordan said that he is not sure why we would do this.  Mrs. Berger said that there is a request to advance the project. 

Chairman Knapp said that when he read it he wasn’t quite sure of what was being accomplished.  Chairman McMahon said that his understanding is that there are issues with the City of Syracuse, but they aren’t here to talk about it – can hold off on it to ask some questions.  Chairman Knapp said we will consider it, but is definitely not comfortable asking for a vote at this point.

5.     FINANCE:  Steve Morgan, CFO

        a.     Refunding Bond Resolution Dated October 4, 2016 - A Resolution Authorizing the Issuance Pursuant to Section 90.10 of the Local Finance Law of Refunding Bonds of the County of Onondaga, New York, to be Designated Substantially "Public Improvement Refunding (Serial) Bonds", and Providing for Other Matters in Relation thereto and the Payment of the Bonds to be Refunded thereby

• Request to refund some 2009 and 2011 callable bonds in the amount of just over $36 million
• Current interest rate on these bonds:  2009 is 3.7%; 2011 is 3%
• Proposal received from Roosevelt and Cross will get a true interest cost of 1.47%
• Will save the county a budgetary savings, spread over the term of the bonds, of near $4.4 million; net present value savings is just under $4 million
• Continue to evaluate with fiscal advisors on a yearly basis as to which bonds would makes sense forma fiscal and callable perspective to refund. 
• RFP – had 10 proposals – all very competitive; usually choose the one with the lowest interest rate

Mr. May clarified that it is $14 million over 14 years.  Mr. Morgan agreed.

In answer to Mr. Jordan, Mr. Morgan said that on a yearly basis, bonds become callable.  Underwriters go out and read our portfolio and bring proposals forward – continue to do that every year and identify those bonds that are callable.  Mr. Jordan asked about the annual debt service savings; Mr. Morgan referred to the pages in the packet that details the savings each year.  

Chairman Knapp said that this is good news and appreciates Mr. Morgan keeping on top of it.

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

6.     PERSONNEL:  Carl Hummel, Acting Commissioner

a.     Accepting and Approving the Contract Between Onondaga County and the Civil Service Employees’ Association, Local 1000 AFSCME, AFL-CIO, Onondaga County Unit, Local 834 (Sponsored by Mr. McMahon)

Mr. Hummel reviewed the highlights:

• Ratified by CSEA membership on September 8; awaiting legislature’s approval
• Contract for years 2016 – 2019
• Includes 2% wage increases in each of those years, 2016 is retroactive
• Health benefit contribution and concessions:  starting in 2017 contribution will go to 14%; 2018 to 16%; 2019 to 18%, and effective the last day of the contract the contribution rate will split:  grades 1 – 8 will remain at 18% and grades 9 – 15 will contribute 20%
• Includes health benefit design changes – negotiated with the Health Benefit Coalition a few year ago – are getting implemented with each contract as they are accepted  
• Shift differential increase of 10¢ - through range of contract
• Meal allowance going from $7 to $8.25 through range of contract

Chairman Knapp asked what the budget impact is for 2017.  Mr. Morgan said that there is about $5 million in the 2017 budget as a placeholder – that includes the 2% for this year, and then 2% for next year.

Mr. Shepard asked if there was a retiree contribution included.  Mr. Hummel said that was part of the tentative agreement; it is an item that is not actually in the contract because it is a one-time item.  It is something that could be put into the contract, but not something that normally is since there is a separate agreement for the freeze.  It was a separate incentive negotiated as part of the package.  There are two components:  1. anyone in CSEA who retires before the end of this year will receive retiree health benefits at a 12% contribution rate; 2.  waives cap on terminal leave payout; normally a there is a 21 day cap.

Mr. Fisher said that the retirement incentive is specific to CSEA contract; county executive is willing to discuss it with any other bargaining units.  She would also like to see M/C employees, who chose to retire before the end of the year, be offered the opportunity to lock in the health benefits contribution rate.  Chairman McMahon asked if that is locking in the existing contribution rate, because they are not at 12%.  Mr. Fisher said it would lock in at 12%.  In answer to Chairman McMahon, Mr. Fisher said that current M/C retirees pay 15%, the same as CSEA.  Any CSEA employee who retired before now is currently paying 15%; the next batch of retirees would actually get a lower rate than the current ones.  Mr. Morgan added that it is a one-time offer.

Chairman Knapp asked what the legislature would have to do to be able to offer that M/Cs.  Mr. Fisher said it would have to be budgeted.  In answer to Mr. Fisher, Mr. Hummel said that they are not tied to the salary plan – we would have to look to see if anything special would have to be done other than the county executive offering it.  Mr. Fisher said that it is 15% because the legislature made it 15%; believes to make it 12% the legislature would have to make it so.  Chairman McMahon questioned why we would go backwards – to lock in at 15% or up to 20% is a tremendous benefit for people to consider; doesn’t see the value in going backwards if we don’t have to.

Mr. Jordan said that we are going backwards with CSEA.  Mr. McMahon said that they negotiated that in the bargaining unit.  Mr. Hummel said that it was an incentive.  Mr. McMahon said that we received things in exchange for that negotiation – what we are talking about now is why is this dropping.  If we had the numbers, it might make sense.  Mr. Morgan said that the analysis is looking to reduce costs.  Mr. Fisher said it would have to be connected to the concession; current M/Cs pay a certain rate for contribution towards health care – interested in discussing during budget review.  Building Trades are going to 20%; CSEA negotiated to phase in their contribution; M/Cs pay 16% and may want to look at raising the M/C contribution to 20%.  Mrs. Berger said that the Law Department can work to draft appropriate legislation.

Chairman McMahon clarified that this is a concept being floated – there hasn’t been any debate on it, and suggested that if it is a concept that the executive side wants enacted on, then they should get it in front of legislators sooner, rather than later.

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

        b.     Accepting and Approving the Contract Between the County of Onondaga and the Central and Northern New York Basic Building Trades Council (Sponsored by Mr. McMahon)

Mr. Hummel:

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

Chairman Knapp reminded members of the Special session, tomorrow at 10:00 a.m. to consider these two contracts.

7.     PURCHASE:

        a.     Revenue Contract Report

8.     LAW:

        a.     Litigation update

A motion was made by Mr. Jordan to enter executive session for the purpose of discussing pending litigation in the case of Kristin E. Adams Powell, Plaintiff -vs-County Of Onondaga and Joseph M. Bunt, Defendants.  Ms. Williams seconded the motion.  Passed unanimously; MOTION CARRIED.

A motion was made by Mr. Kilmartin, seconded by Ms. Williams, to exit executive session and enter regular session.  Passed unanimously; MOTION CARRIED.

Chairman Knapp stated for the record that no votes were taken during executive session.  

Chairman Knapp asked members to let him know if they will be unable to attend any of the budget review meetings. 

Chairman Knapp referenced a great meeting yesterday of the Veterans Advisory Committee at Clearpath.  The legislature has supported them in the past and will be asking again for support

The meeting was adjourned at 9:50 a.m.

Respectfully submitted,

DEBORAH L. MATURO, Clerk

Onondaga County Legislature

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