Call to Order

 Mr. Penniman, Chair, called the meeting to order at 3:30 p.m.

Agenda Additions/Deletions

 There were no additions to or deletions from the agenda.

Persons Wishing to Address the Committee

 There were none.

Commissioner of Public Works Discussion

 Mr. Penniman stated that Ms. Kiefer requested a discussion on the Commissioner of Public Works position.  Additionally, Ms. Kiefer, though excused from the meeting, has submitted a revision of the resolution to hold a public hearing on a proposed amendment to the Tompkins County Charter Articles 10 and 11 and at her request Personnel has drafted a revised job description for Public Works Commissioner.  Personnel has updated the old job description by adding information relating to the Public Works Commissioner from the combined position.  Mr. Penniman said the resolution for a public hearing on the amendments was passed at Budget and Capital Committee by a vote of 4-1.  Ms. Fuller stated that Ms. Kiefer noted her proposed amendments were intended to better clarify Mr. Whicher's recommendations related to the combined position.  He asked if there is sufficient interest within the Committee to proceed with the discussion.  Mr. Winch did not have an interest in continuing.  Mr. Todd felt that the subject had been discussed adequately and it is important for the Legislature to make a determination.  Mr. Whicher stated that his intent was to allow flexibility within the Charter by adding the language relating to Public Works Commissioner, however, he would like to have the combined position.  Additionally, he also believed the first suggested "Whereas" language implies the lack of a Public Works Commissioner was a failure; which is not true.

 It was MOVED by Mr. Todd, seconded by Ms. Schuler, to recommend the following resolution to the full Legislature for approval.  A voice vote resulted as follows:  Ayes - 3 (Legislators Penniman, Todd, and Schuler); Noes - 1 (Legislator Winch); Excused - 1 (Legislator Kiefer).  MOTION APPROVED

Public Hearing

RESOLUTION NO. - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO.  f OF 2005 - A LOCAL LAW AMENDING THE TOMPKINS COUNTY CHARTER AND CODE - ARTICLE 10 - DEPARTMENT OF PLANNING AND ARTICLE 11 - DEPARTMENT OF PUBLIC WORKS

 WHEREAS, combining the positions of Commissioner of Planning and Commissioner of Public Works into a single position of Commissioner of Planning and Public Works will provide for the direct integration of the Planning and Public Works functions, and
 WHEREAS, the County Administrator recommends enabling filling of the positions of Public Works Commissioner and Planning Commissioner with a single individual by combining the two Commissioner positions into a single title of Planning and Public Works Commissioner, while still maintaining separate departments, and
 WHEREAS, proposed Charter amendments to accomplish these changes have been reviewed by the Facilities and Infrastructure, Planning, Development and Environmental Quality, and Government Operations Committees, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, July 19, 2005, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. f of 2005 - A Local Law Amending the Tompkins County Charter and Code - Article 10 - Department of Planning and Article 11 - Department of Public Works.  At such time and place all persons interested in the subject matter will be heard concerning the same,
 RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County.
SEQR ACTION:  TYPE II-20

Job Description

 Mr. Penniman said the job description provided had been completed by Ms. Fitzpatrick, Personnel Commissioner, at the request of Legislator Kiefer.  He believes it is Ms. Kiefer's intent to, at the appropriate time, move a substitute resolution to separate the two positions and add a part time Commissioner of Public Works.  Mr. Whicher said he had met with Ms. Fitzpatrick and that the labor grade that would be recommended for the Commissioner of Public Works, as written, would be lower than the combined position.  Mr. Winch stated he does not like the direction this scenario has taken thus far.  He said that when there are two half-time positions to create a whole position it implies that the workload will be evenly split between the two areas.  He said the amount of time for each would fluctuate between seasons and it is a wrong move.  Someone eventually will request the amount of time in each area documented.  He stated that while he would not support it he suggests making a full-time Commissioner of Planning and Public Works. Mr. Winch does not like split positions.  Mr. Todd stated he is favor of the combined position as presented to allow the Legislature to make a determination.  He feels it is important to put something before the Legislature to act upon.  Mr. Whicher said if it goes forward the job description may require more work; he noted the requirement of licensed engineer was eliminated.  Mr. Marx indicated he feels some of the duties listed were Planning Department rather than Public Works oriented.

Solid Waste

 The Committee received a draft resolution regarding an award of bid for leachate transportation from the Hillview and Caswell Landfill sites, one bid was received.  It was noted the contract expires August 1st.  Due to not having historical information related to this contract the matter will be postponed until the next Committee meeting.  Mr. Winch stated he would like  other counties to be contacted to determine who is the hauler of their material and inquire why there is a lack of interest.  He said it may be a minor item compared to the costs of a contract.

Resolutions

RESOLUTION - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 12 WITH C&S ENGINEERS, INC. FOR COMPLETION OF AN ENVIRONMENTAL ASSESSMENT (EA) FOR AN OBSTRUCTION CLEARANCE PROJECT AT THE ITHACA-TOMPKINS REGIONAL AIRPORT

Mr. Marx advised the Committee he met briefly with Mr. Nicholas and the C&S Engineering staff to determine what items could be eliminated from the scope of work in order to reduce the amount of this contract.  Upon review it was determined the items relating to a GIS web information page for public review, and the newsletter could be eliminated with a reduced document provided.  Additionally, other items that are included could be reviewed as the project progressed.  Ms. Fuller noted Ms. Kiefer had provided items she had questions on related to the project.  Mr. Penniman took the document to review and report as necessary.  Mr. Marx said in his opinion there are items that are not large and seem unnecessary, however C&S Engineers stated the items are required by FAA to be documented even though we know they do not apply to this project.  As a result of the meeting it was agreed the contractual amount could be reduced to a total of $175,000.  Mr. Marx indicated that further reductions would not be significant overall and have little impact on the County's share for the project.

Mr. Morrissey, C&S Engineers, said the FAA is very strict about their requirements and specify particular steps, language, and form to report the required items.  He said items that may be available are useful and the majority of the cost is associated with the inclusion within the actual reporting document.  Although an obstruction clearance study was undertaken previously the regulations have modified sufficiently to require new reporting.

Ms. Schuler asked how the possibility of a vegetation species or other method to eliminate the need to clear would fit in the plan.  Mr. Nicholas said the study will consider the possibilities and that it is important to determine what can be done to eliminate the recurrent need to spend vast sums of money on obstruction clearance projects every ten to fifteen years. One of the various options would be to get the area to a point where it could just be mowed once a year.
Mr. Todd agreed that to utilize a brush hog mower once a year would be beneficial.

Mr. Todd asked what the total cost of the obstruction clearance is estimated to be. Mr. Morrissey said the total cost was estimated as high as $3.285 million.  The specific cost breakout for the various clearance areas and methods is defined in the report provided by C&S Engineers.  Each area will be reviewed to determine the best treatment, what is good for a low woodland may be different than where there are high trees.  Mr. Penniman asked if the area will be trimmed enough to last ten years.  He was informed by C&S that the funding individuals in the FAA would like to see as much cut as possible, while the environmental division of the FAA often prefer minimal cutting.  Mr. Penniman asked if it is possible to receive estimates for a 30-year cycle.  Mr. Morrissey said the idea is to take down and maintain as much of an area as possible to enable a cost savings; however, receiving approval from the FAA environmental division may be difficult.  Mr. Morrissey said it would be a twenty-year cycle of obstruction removal unless the long-range planning was in place to eliminate some of the reoccurring obstruction.  Mr. Nicholas said that after the environmental assessment the Committee would be updated and provided all alternatives to choose from.  Mr. Barba said cooperation from the FAA, the DEC and the Army Corps of Engineers is a critical regarding any wetland areas.

It was MOVED by Ms. Schuler, seconded by Mr. Winch, and unanimously approved, to recommend the following resolution to the full Legislature for approval. MOTION APPROVED.

      WHEREAS, the Legislature approved an Obstruction Study that commenced in 2004 and was finalized in 2005, and
      WHEREAS, said Obstruction Study identified a number of obstructions that need to be removed or mitigated, and
      WHEREAS, some of the identified obstructions are in, or close to sensitive areas, and close attention must be paid to the potential impacts on the environment, and
      WHEREAS, the Federal Aviation Administration (FAA) will not fund an obstruction clearance project until an environmental assessment has been completed, and
WHEREAS, the required Independent Fee Estimate was conducted by McFarland Johnson and came in above $200,000, therefore, the C&S Engineers, Inc. fee of $175,000 is considered by the Federal Aviation Administration to be fair, and

WHEREAS, the information generated by this detailed environmental assessment can and will be used to help develop a long-range agreement on what permanent changes in vegetation can be made in the airport Runway Protection Zone to simplfy future management activities, now therefore be it

      RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Agreement No. 12 with C&S Engineers for an Environmental Assessment of the Obstruction Clearance project in the amount of $175,000 be approved and financing of the contract is as follows:

     Federal Aviation Administration (FAA) (95.0%)                      $ 166,250
     New York State Department of Transportation (2.5%)         $     4,375
     Local (Airport Operational Budget) (2.5%)                         $     4,375
     Total                                                                                 $ 175,000

      RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required documents,
      RESOLVED, further, That C&S Engineers, Inc. will work with the Tompkins County Planning Department to make use of information and capabilities already on hand in Tompkins County to reduce the cost below this maximum of $ 175,000,
      RESOLVED, further, That the Finance Director be authorized to make payments for this project until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation.
SEQR ACTION : TYPE 1-6
 

Notes:

1. The FAA requires the completion of an Environmental Assessment (EA) for Obstruction Clearance projects before they will fund any obstruction removal.
2. C&S will complete a full EAF as part of the SEQR process.
3. The costs of this project are directly related to the level of work required by the stakeholders. At present, the Scope of Work includes the use of wetlands specialists to delineate and survey any wetlands. In addition an outside botanist and an outside ornithologist have been retained for requested work.

 It was MOVED by Mr. Winch, seconded by Mr. Todd, to recommend the following resolution to the full Legislature for approval.  Mr. Nicholas noted this resolution is for the design work of the last Phase of this project (Phase III).  This phase will be bid during 2005/2006 winter with construction taking place in 2006 if funding is available. This is a mandated project that has been undertaken over the past 7-8 years.

A discussion took place regarding construction of Phase II of this project, Mr. Morrissey said the price of this project has risen substantially due to increased construction costs.  Originally the project estimate was $2.25 million and was revised once already to $3.4 million.  Mr. Morrissey stated that costs have continued to rise due to ever-increasing materials costs and the price of oil  Mr. Nicholas said the lowest bid received was $800,000 above the revised estimate of $ 3.4 million.  The fact that both bids were significantly above the estimate suggests the future estimated costs will need to be revised prior to the bidding.  There was not sufficient federal funding to cover the low bid of  $4,249,867.50 but the FAA has enough AIP discretionary funding to cover a project that is slightly above the engineer's estimate of $3.411 million. The FAA has, therefore, requested that the project be scaled back from the original Scope of Work with the uncompleted work being added to Phase III.  In order to reduce the work to match the available money, removal of the old taxiway will not occur and one of the stub taxiways will not be renovated. Mr. Nicholas said that if the Phase II project was rebid during the coming winter and construction delayed until 2006 the discretionary funding may not be available. He recommends scaling back as noted and going ahead with the project this year.  Mr. Winch suggested that consideration be made to possibly use the removed materials for the taxiways in the Highway Division.  Mr. Morrissey said normally the contractor includes the removal of material in the bid, if it would not increase the cost of the contract it could be possible.  Mr. Todd asked if it had to be removed and was informed it is desired by the FAA because leaving old taxiways in place can cause confusion for pilots. Mr. Nicholas stated that he would be bringing a resolution to the next Facilities & Infrastructure Committee on July 12th to award a contract to the low bidder based on the revised Scope of Work and available funding.

Returning to the resolution concerning Design of Phase III of the Parallel Taxiway Relocation, a voice vote resulted in a unanimous decision by members present to approve the motion.  MOTION APPROVED.

RESOLUTION NO.  -  AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 13 WITH C&S ENGINEERS, INC., FOR DESIGN SERVICES IN CONNECTION WITH THE PARALLEL TAXIWAY RELOCATION (PHASE III) –  ITHACA TOMPKINS REGIONAL AIRPORT

      WHEREAS, the relocation of the parallel taxiway to maintain a 400 foot separation from the runway centerline has been mandated by the Federal Aviation Administration (FAA), and
      WHEREAS, Phase 1 of the relocation has already been completed and Phase II is scheduled to be completed this year, and
      WHEREAS, design of the third and final phase this coming winter would allow for construction to take place during the next construction season, and
      WHEREAS, the funding of this design contract is as follows:

     FAA (95%)                                                                         $178,600
     New York State Department of Transportation (2.5%)       $    4,700
     Local (Operational Budget)                                                $    4,700

     Total                                                                                     $188,000

, now therefore be it
          RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplementary Agreement No. 13 with C&S Engineers, Inc., for $188,000 be and hereby is approved, subject to the required Independent Fee Estimate being performed to confirm that the fees are fair, and that the County Administrator is authorized to execute the required documents,
      RESOLVED, further, That the Finance Director is authorized to advance payment for these services until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation.
SEQR ACTION: UNLISTED
(Negative Declaration - Short EAF on file at the Legislature's office)

Adjournment

 On motion the meeting adjourned at 4:30 p.m.

Respectfully submitted - Karen Fuller, Deputy Clerk