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MEETING MINUTES AUGUST 27, 2003 - 2:00 P.M. SCOTT HEYMAN CONFERENCE ROOM Present: B. Blanchard, Chair; M. Robertson; G. Totman; D. Booth, P. Penniman Staff: J. Wood, County Attorney; S. Whicher,
County Administrator; L. Shurtleff, Emergency
Legislature: D. Kiefer Guests: A. Tutiro, Ithaca Journal Called to Order The meeting was called to order at 2:30 p.m. Changes to Agenda There were no changes to the agenda. Chair's Report Ms. Blanchard reminded Committee members of the previous memo distributed by Mr. Wood, County Attorney, regarding sensitive information regarding facilities enhancing the security within the County, noting that pages on the County website containing information related to security been removed. When questioned whether this policy applied to all web pages for the County, Mr. Whicher noted that the process has begun to review material on sites to make a determination of appropriateness and at this time it is not believed other pages would have potentially sensitive material. Ms. Robertson inquired if information of this sort was available under Freedom of Information Law requests and was told that if it could potentially jeopardize citizens it need not be provided. Approval of Minutes MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously approved to accept the minutes of June 25, 2003 and July 23, 2003, as amended. Capital Budget Review and Rescheduling of September 2003 COMCAP Meeting Ms. Blanchard suggested, and it was unanimously agreed, that the capital project review be incorporated within the regular meeting rather than scheduling a special meeting. Due to a conflict the meeting date for September was changed to September 16, 2003, from 12:30 p.m. - 2:00 p.m. in the Scott Heyman Conference Room. Emergency Response Center Building Project Mr. LeMaro reviewed the audits of the project through June. He reported the exterior of the building should be fully bricked within the next several days and that the appropriate connection to utilities is occurring. The interior construction is progressing with the electrical, plumbing, HVAC, and drywall installations taking place. The interior work is expected to be complete by December 25, 2003. He then reported a meeting was held with Motorola to refine what the County will be buying such as consoles, interim microwave link, and necessary equipment. They also discussed modifications in structural electrical design which are expected to provide a more suitable design that allows for expansion. Mr. LeMaro will be bringing change orders that reflect these decisions to the September meeting for approval. He said of the $105,000 contingency that represents five percent of the total budget, the change orders to date total between $10,000-$15,000. Mr. Whicher noted his concerns regarding accessibility to the building after-hours due to the lack of doors; Mr. LeMaro said upon receiving a call from Mr. Whicher doors were placed on the building the following day. Phase I Status Report Ms. Shakarjian spoke of the four-day meeting with Motorola, Egner Associates representatives, and individuals from a variety of County Departments to review the technical design of the project. The review provided information on the design, timeline, cost, and preparation work to provide the connections and maintain the integrity of the infrastructure during the transition period. Items designed to assist in maintaining integrity would include appropriate grounding of the facility, additional telephone switching capability, and equipment layout that would provide the highest quality service. A discussion took place regarding the monopole tower that will connect the building, noting installation of equipment and cables. Ms. Shakarjian said that due to the specific design factors, the monopole would not meet the Village requirement of 150% clear fall radius, however, it is designed to break at 50 feet and collapse upon itself. Ms. Shakarjian and Mr. Whicher have spoken to the Village of Lansing and expect to receive a response indicating the appropriate personnel to discuss this matter with. Mr. Whicher said that while the County desires to accommodate the municipality as much as possible, the tower will be installed as planned on this specific location in order to receive the best signals. Mr. Totman asked if there was any known history of communication towers falling and was informed that to the best of anyone's knowledge that had not occurred. Ms. Shakarjian said the tower is designed to meet the future needs of the County. It will have only one dish on it at the end of Phase I; however future equipment will be added, including the possibility of commercial sharing that will produce revenue. The review of the existing site upgrade for Connecticutt Hill has continued, with decisions to provide additional support integrity with additional guy-wires and support, building a new shelter, with a larger generator, and upgrade to the electrical service. In addition to the cost of the physical upgrades, the cost of transferring equipment to the new shelter will be factored in. Ms. Sharkarjian noted that all work being done at this site will be only what is necessary and will take into account the desire to have the least impact on the surrounding landscape as possible. Ms. Blanchard indicated an interest to visit tower sites to have first-hand information when they are discussed. Ms. Shakarjian then indicated the County will be completing an application for new Federal Communications Commission licensing of the microwave link at 6 GHz to support the microwave system. She reported that for the Acceptance Test Plan NYSTEC will be requested to participate as witnesses when Motorola tests the system. Once the County signs off upon receiving acceptable test results Motorola will receive payment for the link. The amendments made to the project which includes the consoles and furniture will also allow for ten days of training of console operators prior to completion of this phase of the project. The cost of the monopole is $128,000, not including lighting or painting. The tentative estimate for the existing tower upgrade is approximately $160,000 for the site preparation, road work, and electrical upgrade. The tower modifications, guide-wires, and support structure are estimated at $48,000. The new shelter, which is pre-manufactured with all HVAC and electrical systems included is approximately $100,000. The generator upgrade is estimated at $58,000, however this may be reduced if the existing pad is utilized. The cost of moving equipment from the old shelter to the new shelter will be additional as well. The interim link cost is $152,000. This brings the total of Phase I of the project to approximately $1.2 million. The Committee discussed the work, asking if the Highway Department may be able to do some of the roadwork to provide a cost savings. Due to time constraints and previous obligations for the Highway Department it may not be possible. Next, a question was raised whether at a future date a contract would be signed with Motorola providing a total cost of the project. The Committee was told that upon completion of the technical design review, which would reflect all change orders, the final price would be set. Ms. Shakarjian then discussed equipment related to the 911 service and how it would relate to the telephone service, computers, and consoles. She also spoke of the required electro-magnetic testing that must be done as part of the installation. This testing is to determine that radiation emitted by the transmitter equipment is within FCC guidelines and is a performance issue. Next the Committee heard information related to the Midstate portion of the project, dealing with the legacy equipment. They will be working to relocate appropriate equipment to provide functionality during the switch-over process. Mr. Shurtleff reported that some of the telephone switching and related equipment may be eligible for reimbursement under homeland security programs. He will keep the Committee informed as the guidelines are being developed for these funds. The Committee was provided a timeline of the project, noting that it was critical that each portion maintain this timeframe. The training of personnel and 10-day period to monitor equipment will take place prior to the beginning of the warranty period. A question was raised about signal testing during the absence of dense foliage and the relevancy of the test. It was responded that as it is a microwave with a direct line of sight it would not have an adverse effect. Lockheed Martin Contact Ms. Shakarjian reported the County has been contacted by a member of a new division of research and development at Lockheed Martin focusing on public safety. They are in the process of developing coverage prediction models based on GIS data run through a program being developed. They would like to have Tompkins County participate in testing their program, particularly due to the geographic layout of the County. This program is to aid in determining the best communication coverage within a geographical area. Lockheed Martin would like to discuss how the County determined the bid specifications for the work being completed, how it could be improved, and utilize the County as a test area. Further discussions will take place that will provide more detail on this request. Balancing Test for Tower Mr. Wood, County Attorney, provided the following resolution related to the balancing test for the tower construction. He explained that, under the law, counties can put facilities in towns, villages, and the like provided that the nine point balance test determines the interest of the County in placing a facility outweighs the interest of the municipality. RESOLUTION NO. 190 - BALANCING TEST ANALYSIS REGARDING CONSTRUCTION OF TOWER AT EMERGENCY RESPONSE CENTER It was MOVED by Mr. Totman, seconded by Mr. Pennman. The Committee reviewed the Balancing Test, and having made several minor changes to the test, it was unanimously adopted by voice vote, to submit the following resolution to the full Board. WHEREAS, the County intends to construct a tower adjacent to the
Emergency Response Center in the Village of Lansing to allow for the Center
to be integrated into the County Emergency Communications System, and
The Balancing Test-Analysis of Criteria with respect to Construction
of a Tower at the Emergency Response Center
1. The Nature and Scope of the Instrumentality Seeking Immunity Tompkins County, a Charter County in New York State, has the responsibility to provide for public safety of County residents. The project is located in the Village of Lansing, a municipality in the County. 2. The Kind of Function of Land Use Involved The County intends to construct a communications tower adjacent to the new Emergency Response (911) Center on land already owned by the County. The site is at the Ithaca Tompkins Regional Airport, across the road from the Cornell University owned Industrial Research Park. The project is described at length in both the long form EAF and the Project Approval Request form developed by the County. 3. The Extent of Public Interest to be Served Thereby There is a critical public interest to be served by the facility. The facility is essential to linking the Emergency Response Center (including 911 dispatchers) with the countywide emergency communications system. This includes police, fire, ambulance and other radios used by emergency service providers. This facility is critical to the County’s public safety communications system and the safety of County residents. 4. The Effect Local Land-Use Regulations Would Have Upon the Enterprise Concerned Local land use regulation allows this type of facility in the area, but has at least one requirement (a tower fall-zone requirement) that could not be satisfied if the County were subject to the regulation. Strict compliance would be impossible since the Village ordinance requires a fall-zone of 1.5 times the tower height. The proposed monopole is 120' tall approximately 20’ of which will be sunk in concrete underground. The only structure within 100’ of the tower is the County’s own Emergency Response Center (approximately 55’ from the tower base). The tower is designed to break at 50’ from the top and collapse upon itself. So even the Emergency Response Center is not at risk in the extraordinarily unlikely event of a tower collapse and no other structure is at risk. Furthermore, the failure to proceed with the project would threaten the lives and safety of County residents. 5. The Impact Upon Legitimate Local Interest The impact on legitimate local interest is positive. The improvement will certainly provide for the safety of the citizens in the local community. The County can find no overriding Village interest in governing the details of the structure. The County itself is in the best position to judge the need, design and utility of the facility. 6. The County’s Legislative Grant of Authority The county is authorized to provide for the health and safety of its citizens. Municipal Home Rule Law §10(12). 7. Alternative Location for the Facility in Less Restrictive Zoning Areas The County considered several alternative locations. However, the proximity to the Emergency Response Center makes this location ideal to preserve integrity of the signal. 8. Alternative Methods of Providing the Needed Improvement The County has thoroughly examined several alternative methods of providing the needed improvement. It was only after an extremely lengthy consideration of possible alternatives that the County decided to proceed with the chosen project. 9. The Intergovernmental Participation in Project Development and Opportunity to be Heard The Village of Lansing has received detailed information on the project as it has been developed and has made significant input into the project. For over a year, the County has discussed in public meeting with the Village the need for this project and its technical requirements, as information became available. The County coordinated a meeting with municipal officials and interested parties (6/6/03) to review and discuss the proposed infrastructure. Based on this meeting, alternatives were considered by the County. The County provided site plan materials based on the municipality’s tower ordinance for the project, and has facilitated discussion in public meetings. Capital Project - Phase II Ms. Blanchard said the revised Capital Program that will include the upgrade of the communication system will add the mobile data segment to the project. This will increase the scope and at this time only the preliminary figures for equipment are available. More information is being compiled including the integration and how it effects roll-out of the entire project. It was noted that items that need to be included are the mobile data, paging, and the total upgrade of the microwave system. This projects needs to come forward this year, however questions still exist regarding the costs involved. Mr. Penniman, who is Chair of the Budget and Capital Committee, said that the capital program will be the first item discussed by the Committee of the Whole, including consistency of the approach of financing, and making certain that phasing is appropriate, the starting date and term of the financing, etc. He said it would be helpful to have the necessary information by the second Budget and Capital meeting in September. A brief discussion about how to best handle the presentation occurred, with a determination to have the information available for the September meeting to bring forward to the Budget Committee in October. Mr. Penniman indicated the need to have information about both options in order for the Committee to determine which to pursue. Ms. Shakarjian will be providing new PAR forms representing Phase II to Committee members. Update on Department of Transportation Project Mr. Marx reported that the petitioner for the annexation of property has responded to the objections raised at the August 13, 2003, hearing by the counsel for the Town of Dryden. Mr. Marx reported that he had been informed that at a meeting of the Village of Dryden, agreement was noted with the County position and that the objections do not have merit. A discussion of the annexation hearing took place, during which the parties discussed various concerns, including how tax bases would be effected. One citizen commented on the viability of including his nearby property for annexation as well, and Mr. Lane, District No. 14, spoke in favor of annexation to the Village. The Town of Dryden counsel filed a number of technical deficiencies on the petition, which was responded to by Mr. Wilson, Deputy County Attorney, who has also followed up in writing. At this time no formal response to the deficiencies filing has been made, however the Village members had favorable comments regarding the matter. The Town of Dryden has two meetings scheduled the first two weeks of September and it is hoped to have action taken at one of the meetings. Mr. Marx said planning work on this project is continuing forward in anticipation of receiving a favorable response, and once approval is received the ability to exercise the option for the property may take place followed by an agreement for design of the building. Ms. Blanchard informed members of the Committee that subsequent to the meeting with the National Development Council a listing of next steps will be included with the September agenda packet. Adjournment The meeting adjourned at 4:15 p.m.
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