Staff:     P. Messmer, J. Lampman, Highway Division; C. Nelson, Public Works Administration; E. Marx, Administration; J. Wood, County Attorney; R. Nicholas, Ithaca Tompkins Regional Airport; K. Thompson, Solid Waste

Guest: B. Eden, Hillview Road Landfill Citizens Advisory Committee

Called to Order

 Mr. Booth called the meeting to order at 2:00 p.m.

1)Additions/Deletions to Agenda

 There were no additions to the agenda.

There were no deletions from the agenda.

2)  Chair's Report

 Mr. Booth reported he has completed the revisions to the 2003 goal report for the Committee, and requested members provide any suggested goals for 2004 to Ms. Nelson.  He then spoke of the presentation the Committee would be viewing regarding the realignment plan for the Highway division.

3)  Persons Wishing to Address the Committee

 No persons wished to address the Committee.

4)  Minutes of January 27, 2004

 It was MOVED by Ms. Schuler, seconded by Mr. Winch, and unanimously approved to accept the minutes of January 27, 2004, as amended.

5)  Hillview Road Landfill Citizens Advisory Committee - Proposed Bylaws Revision

Mr. Brian Eden, new Chair of the Hillview Road Landfill Citizens Advisory Committee, addressed the Committee briefly to provide an explanation for the proposed changes to the Bylaws of this advisory committee.  He explained that the amendments are a result of the need for fewer members in the committee as the landfill is now in a monitor stage.  A request was made for members of the Committee to review the bylaws, noting a copy that specifies the changes will be made available along with a proposed resolution to amend the bylaws at the February 24th meeting.
 

6) Solid Waste Capital Projects Status Report
 
Mr. Thompson provided a written status report of the Caswell Leachate Treatment Project that noted the project is now in the Analysis/Planning stage.  At this time Barton & Loguidice is performing a screening analysis to determine the makeup of the leachate.  This step will be followed by a design phase offering a variety of choices including the feasibility of disposal at the Freeville Wastewater Treatment Plant.  When asked how the remaining $2.3 million would be spent, it was noted that a portion would go for an equalization tank on site.  Mr. Thompson indicated that in the event a sewer trunk were built to the Freeville plant, residents of the area might be able to connect to the wastewater line.  When asked about the results of screening tests taking place Mr. Thompson responded that there exists twelve to fifteen years of data on the leachate that indicate it is as a weak leachate with only iron and ammonia present in any significant amounts.

7)  RESOLUTION NO.    - AUTHORIZING GROUND TRANSPORTATION FEE STRUCTURE - ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Winch, seconded by Ms. Kiefer.  Members of the Committee were informed that correspondence notifying local hotel and motels of the proposed fee was sent in January and that to date no responses had been made.  Ms. Kiefer inquired about the basis for the TCAT fee.  Ms. Blanchard, who had agreed to speak to Tompkins Consolidated Area Transit, was unavailable to comment on their response to the fee.  However, committee members indicated they believed the minimal cost to TCAT would not be a drawback to moving ahead with the fee schedule.  Mr. Marx asked how a new member would be charged.  Mr. Nicholas brought to the Committee's attention that a new taxi business has indicated a desire to also transport individuals to and from the airport.  Mr. Lane believes fees should be set by category, not by individual business.  Upon review, members requested that the fee schedule be designed in a manner that would allow the inclusion of new businesses that may desire participation in ground transportation services for the airport.

Following the discussion a voice vote resulted unanimously approving to submit the following resolution to the full Legislature for its approval:

 WHEREAS, Local Law No. 4 or 2002 - Rules and Regulations and Minimum Standards - Ithaca Tompkins Regional Airport, authorizes the airport manager to assess and collect fees from ground transportation providers who operate on airport property, and
 WHEREAS, Federal case law has overwhelmingly upheld airports' rights to charge a fee to commercial ground transportation providers for use and upkeep of airport facilities and the privilege of deriving business from said airport facilities, and
 WHEREAS, the airport wishes to construct a fee system that more equitably apportions the costs of providing and maintaining said facilities to those that derive a financial benefit, and
 WHEREAS, the airport conducted a six-week survey of ground transportation usage in October and November 2003 to determine how a fee structure should be constructed to distribute fees more equitably, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the schedule for Ground Transportation Fees shown on "Attachment A" be approved for a one-year period from January 1, 2004, until December 31, 2004, and that the airport manager shall utilize said schedule in establishing annual fees for particular entities,
    RESOLVED, further, That another six-week survey be undertaken in 2004 to ascertain the fairness and accuracy of this fee structure and if changes are deemed necessary, that a proposal be brought to the program committee(s) for consideration and approval.
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The following is the original survey and fee schedule presented to the Committee, followed by the amended fee schedule developed by Mr. Booth, Chair, and approved by Committee members.

Appendix A
 
 

Passenger Survey

October 21, 2003 - November 30, 2003

Courtesy Vehicles
Company Number of Trips Passengers Carried (To/From) Estimated Passengers for Year
Statler 244 607 5261
Holiday Inn 252 864 7488
Ramada/Clarion 111 220 1906
Best Western 64 97 841
Courtyard 56 89 771
Red Runner 19 29 251
 
 

Other Passengers Carried % Estimated Total For Year
TCAT 213 11.7 1827
Ithaca Dispatch 850 46.5 7367
Ithaca Airline Limousine 764 41.8 6621

Appendix B
 
 

Proposed Fees

January 1, 2004 - December 31, 2004

Statler $ 400 Per Year
Holiday Inn $ 400 Per Year
Ramada $ 100 Per Year
Clarion $ 100 Per Year
Best Western $ 100 Per Year
Courtyard $ 100 Per Year
Red Runner $ 100 Per Year

*  TCAT $ 875 Per Year
**  Ithaca Airline Limousine $ 4,600 Per Year
**  Ithaca Dispatch $ 4,600 Per Year
* Estimated 2003 Enplaned Passengers
(67,844) x $0.11 = $ 7,462.84 x 11.7% = $ 873.15 (rounded up)

** Estimated 2003 Enplaned Passengers
 (67,844) x $0.11 = $ 7,462.84 x 88.3% = $ 6,589.69 + $ 2,610.31

Attachment "A"

ANNUAL FEE SCHEDULE
FOR
ENTITIES TRANSPORTING PASSENGERS IN COURTESY VEHICLES

Estimated* Annual Trips     Annual Fee
      To The Airport

0 - 600                                 $100

601 - 1,200                         $200

1,201 - 1,800                      $300

1,801 - 2,400                      $400

2,401 - 3,000                      $500

3,001 and up    Pro Rata in increments of $100 for each additional 600 estimated annual trips
 

Note:
For those entities using courtesy vehicles for dropping off and/or picking up passengers at the airport as of January 1, 2004, the airport manager shall determine the annual fee for each entity based on calculations flowing from the six-week survey of passengers transportation conducted by the airport in 2003.

Note:
For any new entity that commences using one or more courtesy vehicles for dropping off and/or picking up passengers at the airport during 2004 the airport manager shall estimate the number of annual trips that entity's vehicle(s) will make to the airport and use this schedule to set its annual fee.

 
ANNUAL FEE SCHEDULE FOR FARE-CHARING ENTITIES
 

 Annual fee = $.011 X estimated 2003 enplaned passengers X entity's estimated proportional share of passengers carried by fare-charging entities

 Note:
For those fare-charging entities dropping off and/or picking up passengers at the airport as of January 1, 2004, the airport manager shall determine the annual fee by applying the formula stated above.

Note:
For any new fare-charging entity that commences dropping off and/or picking up passengers at the airport during 2004, the airport manager shall estimate the percentage of enplaned passengers that entity will transport during 2004 and determine its fee by applying the above formula.  The commencement of business at the airport by any new fare-charging entity will not change the annual fee charged to any other entity.

8) RESOLUTION NO.    - APPROVAL OF CONTRACT - GROUND TRANSPORTATION SERVICES - ITHACA TOMPKINS REGIONAL AIRPORT

 MOVED by Mr. Winch, seconded by Ms. Kiefer.  A discussion regarding the design of the cooperative venture between Ithaca Airport Limousine and Ithaca Dispatch occurred.  Members were notified that the contract would hold the parties responsible for the total amount of the contract; however, the specific amount to be paid by each would be determined by IAL and ID.  Ms. Schuler noted that people from Cornell who used to fly were taking the Cornell University sponsored bus.  Mr. Nicholas said he has spoken with Cornell University and they said they must do what they feel is in the best interest of Cornell University.  This contract is substantially different from the previous contract due to the decrease in revenues received by these parties as a result of variety of factors such as increased courtesy bus transportation by local hotels/motels, the local transportation system, and the educational facilities use of courtesy vehicles.  This contract will be for a one year period and will include a survey to be conducted during a similar time period as in 2003 to make every effort to obtain a fair split in ground transportation fees.  Ms. Kiefer inquired how the total figure was determined for these individuals and was informed that it is based on what the survey determined percentage of the enplanement figures transported by these two companies multiplied by the standard charge used throughout the area.

A voice vote resulted unanimously approving to submit the following resolution to the full Legislature for its approval:

 WHEREAS, the airport's ground transportation services contract with Ithaca Airport Limousine (IAL) expired on September 30, 2003, and
 WHEREAS, it is deemed desirable from a customer service point of view to offer passengers with a choice of taxi, van, or mini-bus transportation, and
 WHEREAS, said choice is made possible through a cooperative venture between IAL and Ithaca Dispatch (ID) which currently controls all local taxi service, and
 WHEREAS, IAL and ID, with the airport's approval, have agreed to a cooperative partnership for a one year period from January 1, 2004, through December 31, 2004, to gauge the effectiveness of said cooperative venture and its service to the public, and
 WHEREAS, through surveys and meetings with IAL and ID, the airport will, with program committee concurrence, determine whether the terms of the contract should be changed and whether the contract should be extended beyond the end of 2004, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the County Administrator, or his designee, be authorized to sign a one-year contract with Ithaca Airport Limousine and Ithaca Dispatch for the period of January 1, 2004, through December 31, 2004, such contract to cover IAL's and ID's rental of counter space and their payment of fees in accord with Schedule "A" which was a part of Resolution No. __ of 2004.
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This contract is subject to an agreement being reached about the proposed fee structure that distributes costs more evenly among those entities that provide ground transportation services to the airport.  The plan is to run this cooperative service for a year, with the airport requesting feedback from users as to its efficiency and ease of use.  A six-week survey will be conducted next year to determine the fairness of the new ground transportation fee structure.

9)  Authorizing Extension of Contracts - Standard Parking for Management of Parking Lots; Aramark, Inc. for Management of Wanderlust Café and Gift Shop

 MOVED by Ms. Kiefer, seconded by Ms. Schuler, for discussion purposes of the two proposed resolutions to extend airport contracts respecting parking lot management and café/gift shop management.  Mr. Nicholas explained that there has been a ten-year contract for the parking management and café/gift shop concessions which was now coming to a close.  As with other contracts associated with the airport, concern regarding future revenue streams is an issue due to reduced enplanements and the uncertainty of future flight schedules.  For these reasons, Mr. Nicholas requested that a one-year extension be allowed for each contract rather than going out with a request for proposals as it was thought the future market may be a better time to do so.  Members of the Committee and Mr. Marx, Deputy County Administrator felt that a review of the situation by the County Attorney was in order prior to making a determination and by consensus the Committee agreed to table these items until the February 24, 2004, meeting.

10) RESOLUTION NO.  AUTHORIZATION TO EXECUTE SUPPLEMENTARY CONSTRUCTION FUNDING AGREEMENT WITH NYSDOT – BROOKTONDALE BRIDGE, BIN 3314100 (Lounsbery Road)

 MOVED by Ms. Schuler, seconded by Mr. Lane, and unanimously adopted by voice vote, to submit the following resolution to the full Legislature for its approval.

WHEREAS, a Project for the “Brooktondale Bridge”, BIN 3314100, over Six-Mile Creek, P.I.N. 375319, (the Project) in the Town of Caroline, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and
WHEREAS, Resolution No. 189 adopted on August 6, 2002 approved the Project and authorized execution of an agreement with the NYS Department of Transportation regarding administration and funding of Construction, Construction Inspection and Supervision, and
WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of 100% of the non-federal share of the costs of Construction, Construction Inspection and Supervision, and then file for reimbursement of eligible costs as required by the New York State Department of Transportation, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, that the Tompkins County Legislature hereby approves the above-subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent (100%) of the federal and non-federal share of the costs of Construction, Construction Inspection and Supervision work for the subject Project or portions thereof,
RESOLVED, further, that the sum of $833,000 is hereby made available within account HZ5103.59239.53.07, Brooktondale Bridges Capital Project Account, to cover the cost of participation in the Construction phase of the Project,
RESOLVED, further, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Tompkins County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification of the New York State Department of Transportation thereof,
RESOLVED, further, that the Tompkins County Highway Manager or designee be and is hereby authorized to execute all necessary Agreements, certifications and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefor that are not so eligible,
RESOLVED, further, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project,
RESOLVED, further, that this resolution shall take effect immediately,
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Explanatory Note: This supplemental agreement increases by $53,000 the total amount authorized for the project construction phase, from $780,000 to $833,000.  The County must pay 100% of expenses and then apply for reimbursement.

The project low bid exceeded the budget.  NYSDOT agreed to fund 80% of the cost overrun through the federal TEA-21 program and agreed to request Marchiselli funding to pay an additional 15%.  The County awarded the contract expecting federal and state share increases, since all previous Marchiselli funds requests had been granted.

The State Legislature, however, did not approve the Marchiselli funding request, and the State share was not increased.  This action created a $22,500 shortfall and increased the County share to 7.4% of the total cost.  The state share will be 12.6%.

Actual Construction & Testing Expenses: $824,033
Actual In-House Inspection Expenses: $8,079
Total Actual Construction Costs: $832,112
Total Authorized by this Agreement: $833,000
Total Originally Authorized: (-)$780,000
Additional Funding Authorized by this Resolution: $53,000
 
Federal Share per this Agreement: $624,000  80%
State Share per this Agreement: $105,100  12.6%
County Share per this Agreement: $61,500  7.4%
County Share above 5%: $22,500

11) Functional Highway Classification
 
Members of the Committee received a written report listing various roads throughout the County that are recommended for reclassification.  Mr. Lampman and Mr. Messmer explained that the reclassification recommendations were made based primarily on vehicle use experienced on particular highways.  It was noted that the MPO will review and act on approval of the recommendations prior to the review by New York State Department of Transportation.  Mr. Marx said that approval of the recommendations may prove difficult because amending a road from a minor classification to a major one results in the potential for increased Federal aid and therefore may not receive approval from the MPO.  The Committee requested a map that outlined which of the roads were specifically County-owned roads.

12) Ellis Hollow/Turkey Hill/Quarry Road Intersection

Mr. Messmer stated that subsequent to his obtaining as much information as possible related to accidents at this intersection, a solar-powered flashing stop sign is proposed to be placed at the Turkey Hill Road approach to Ellis Hollow Road, with a double stop sign on the Quarry Road approach.  Mr. Messmer explained that several data bases respecting accident information are kept by different entities; this makes it difficult to fully determine a problem at various intersections throughout the County.  He reported the need to approach the local fire department, county law enforcement, and State agencies to obtain adequate information to determine the signage need.

13)  Approval to Seek Bids - Live Bottom Horizontal Discharge Tri-Axle Semi-Trailer

 Moved by Mr. Winch, seconded by Mr. Lane, and unanimously approved by the Committee, to approve seeking bids for the live bottom horizontal discharge tri-axle semi-trailer, noting the Committee's desire to be informed of the outcome of such bid request.

14) Snow and Ice Contract - Recommended Change - Town of Dryden

Mr. Messmer requested direction from the Committee concerning snow and ice removal on a small portion of a County-owned road in the Town of Dryden.  He explained that previously this road was plowed by the Town of Dryden and the County would subsequently deposit salt on the roadbed.  Mr. Messmer said that the County has recently encountered situations where the road is not plowed when the salt trucks are making their sweeps so the County has been plowing and salting this particular portion.  He feels that it would be beneficial to remove this portion of roadway from the snow and ice removal agreement with Dryden, and he asked for Committee support for this recommendation.  The Committee agreed with Mr. Messmer's recommendation.

15)  Highway Division Realignment - Part A - Historical Perspective

   Using a Powerpoint presentation, Mr. Messmer provided the Committee with a historical perspective of the Highway Division.  The plan was developed by performing an analysis of past history within the division and undertaking meetings with department personnel, the County Personnel office, County Administration, and discussions with the Facilities and Infrastructure Chair.  Following the analysis and meetings, the plan took shape and received approval from County Administration and Personnel in December 2003.  Mr. Messmer stated the proposed structure will assist in providing adequate staff coverage and accountability in all areas of the division.  More detailed information regarding the proposed realignment plan will be made available at future Committee meetings.

16)  Adjournment

 The regular meeting adjourned at 4:07 p.m.

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