Chair B. Blanchard called the meeting to order at 9:02 AM

1.  Chair's Report - No report

2.  Resolution to Amend TCAT Consolidation Agreement - B. Blanchard reported that the amendment is needed in order to provide an additional one-year period for TCAT re-structuring to occur.  In TCAT's new strategic plan, which has been developed from the roots of the organization upward, three objectives are outlined as follows:
1.  For TCAT to "grow" their own bus drivers.
2. For TCAT to become one consolidated organization instead of a 3-way partnership (Tompkins County, City of Ithaca, Cornell).
3.  To improve the workforce environment.
T. Todd, D. Winch, and M. Lane all stated their concern that rural service could be negatively affected.  Barbara stated that as the re-organizational process is being done, Board members will have several opportunities to comment.  D. Kiefer questioned why the amendment was written to reflect a 90 day plus 12 month extension period.  Barbara stated that attorney's for all of the partners have worked to reach the wording in the agreement.  The present agreement allows for a 90 day window of time for any of the partners to withdraw, if they so choose.  D. Winch requested that after 1/1/03, a full TCAT presentation be given to the PWC.  At 9:21 AM, it was moved by D. Kiefer, seconded by D. Winch and carried to enter an executive session for the purpose of discussing TCAT legal matters.  The committee returned to open session at 9:30 AM.

After discussion, the following resolution was approved in a motion by M. Lane, seconded by T. Todd and carried with the understanding that S. Whicher would follow up with J. Wood regarding whom would be the responsible signature for each of the partners, and that any place that a year was referenced as (5th), (6th), or (7th), that the calendar be also included in parenthesis (5th) (2002), (6th) (2003), and (7th) (2004):

Whereas, TCAT has drafted a Strategic Plan for approval by the TCAT Board that identifies the formation of a single transit organization with one employer as one of three major objectives for the future, and

Whereas, the TCAT Board of Directors is committed to working together to restructure TCAT as soon as possible to meet this important Strategic Plan objective and,

Whereas, the existing April 1, 1998 TCAT Consolidation Agreement, which created the joint venture structure, will need to be terminated in order to create a different organizational structure, and

Whereas, the Consolidation Agreement states: “At any time during the final ninety (90) days of the fifth (5th) calendar year of this agreement, any party may give written notice to the other parties that it will withdraw from the joint venture without forfeiture of its share in the assets of TCAT, such withdrawal to be effective at the end of the sixth (6th) calendar year after the effective date of this agreement” and,

Whereas, the TCAT Board on behalf of the three partners does not wish to cause undue concern among employees and customers about the viability of public transit in the County and fears about job security which would be damaging to morale and make it more difficult to recruit drivers and retain other employees, and

Whereas, given the rapid approach of the withdrawal notice period, one or more of the partners may feel they have to serve the notice to preserve their rights, and

Whereas, this scenario can be avoided if the parties agree to amend the Agreement to extend the notice period throughout the calendar year 2003 during which time the parties will work to create a different organizational structure and terminate the Consolidation Agreement, and

Whereas, the Consolidation Agreement states it can be amended “only by an instrument in writing in the same manner in which it was adopted,” The City of Ithaca Common Council, the Tompkins County Board of Representatives, and Cornell University will all need to authorize their representatives to sign the proposed amendment,

Resolved, that the TCAT Board requests the City of Ithaca, Tompkins County, and Cornell University to amend the first sentence of Section 8.1(c) of the Consolidation Agreement as follows:

“At any time during the sixth (6th) calendar year of this agreement, any party may given written notice to the other parties that it will withdraw from the joint venture without forfeiture of its share in the assets of TCAT, such withdrawal to be effective at the end of the seventh (7th) calendar year after the effective date of this agreement.”

Resolved further, that the TCAT General Manager, working with the Partner Representatives on the TCAT Board, is directed to convey this request to the City, County and University for action in as timely a manner as is possible.

3.  Contaminated Soil Removal - Airport - Report of Bid Results - R. Nicholas reported that three bids had been received and that the bid of Ontario Specialty Contract Inc. (OSC) was the successful bidder for the total amount of $49,989.  D. Kiefer and D. Winch questioned to which landfill the material would be sent.  Bob will provide them with this information.

4.  Authorizing Supplemental Consultant Agreement No. 6 with C&S Engineers, Inc. for Design Services in Connection with the Parallel Taxiway Relocation (Phase Two) - Ithaca/Tompkins Regional Airport - R. Nicholas stated that this work is required to meet new FAA design standards.  Jim Morrissey was present to answer the committee member's questions.  D. Kiefer [asked] why C&S was requesting a 15% profit mark -  up on overhead.  Jim stated that this is the allowable amount by NYSDOT and the FAA and it is standard practice to use the 15% on contracts.  S. Whicher questioned if the environmental review was complete.  Jim stated that it has been completed. D. Kiefer questioned why the committee was being asked to approve this supplemental agreement since the report on C&S fee schedule for the Lent parcel had not been given to the committee.  B. Blanchard said that there was never any mention of not doing additional work with C&S in the meantime.  Bob stated that he had [forwarded] a report on the Lent purchase to Barbara.  Barbara asked that Bob send the report to the committee members as she had thought that it had been provided to them all previously.   [Jim stated that the asphalt material to be removed as part of this phase will be utilized on the next phase of the project and not wasted.]  [Bob also stated that an independent fee estimate was done by McFarland-Johnson and it was almost identical to the C&S fee.  As such, the C&S fee is deemed to be acceptable to the FAA.]

After discussion, the following resolution was approved in a motion by T. Todd, seconded by D. Winch and carried:

Whereas, the approved Airport Master Plan includes the onging project to relocate the parallel taxiway in accordance with the FAA mandated design criteria, and

Whereas, through Resolution No. 219 dated 17 September 2002, the County has accepted a grant offer of $1,298,554.00 from the FAA to fund ninety percent (90%) of the design costs with the residual going towards construction costs in 2003, and

Whereas, a second grant offer will be forthcoming from the FAA in 2003 for the remaining construction and inspection costs, and

Whereas, the budget for the Parallel Taxiway Design Project ( Phase II) is as follows:
FAA Share  (90%) Acct. No. HT5601.44592 $122,080.00
NYSDOT Share ( 5%) Acct. No. HT5601.43592 $    6,782.00
Local Share  ( 5%) Acct. No. HT.5601.45031 $    6,782.00
Total        $135,644.00
 
Now therefore be it

Resolved, on recommendation of the PWC, that Supplementary Agreement No. 6 with C&S Engineers for $135,644 be and hereby is approved, subject to an Independent Fee Estimate  being conducted which finds the fee is fair,
Resolved, further that the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT

5.  Transportation Security Administration (TSA) Report - R. Nicholas reported that on 11/19/02, the federal government will take over the passenger and carry-on baggage screening.  There will be 20 additional TSA employees working from the terminal to provide the needed shift coverage.  [Lockheed Martin and Boeing were] charged with designing layout plans for the new requirements.  Groups of TSA representatives have been visiting all of the airports in the country to discuss how the additional hardware needed for the stepped up screening processes will be arranged.  Bob stated the he felt a plan had been agreed to but, it was modified by TSA to include sorting tables being placed out into the main part of the terminal from the baggage check area.  Bob rejected this plan since it was not in keeping with the original design and functional areas of the terminal. The committee thanked Bob for keeping the original integrity of the building in mind.  To perform the baggage screening at the counter, additional tables and equipment are needed.  Again, the TSA's plan to make modifications to the terminal structure to place tables, etc. was rejected by Bob.  Bob reported that he has met with the Federal Security Director for this region, and he has been able to assist with moving toward satisfactory resolutions to these two issues so that everything will be in place by the mandated dates.  Bob also reported that the TSA needs 1000 sq. ft. of administrative space, for 5 years with no strings attached.   Since there is no space available in the terminal for this use, [other than airline space that Bob suggested they use with a short quit-claim clause in case another airline should want to rent the space,] Bob will rent a modular unit and have it located out of the site of the traveling public.  The TSA will reimburse the airport for the cost of this unit.  The committee suggested, that since this is expected to be a long-term arrangement, that a permanent addition be built onto the terminal with the cost being covered by TSA rental fees.  If it is agreed that at any point modifications need to be made to the terminal, the TSA will cover the expenses.

6.  Airport Capital Projects Report - Due to time constraints, the committee members were asked to review the report and contact Bob with any questions.

As an aside, B. Blanchard stated that she and Bob Nicholas were going to an upcoming forum about upstate aviation issues being sponsored by Sen. Schumer.  Anyone who wants to go is invited to do so.

7.  Audit of Final Payment - Tompkins County Library - Frey & Campbell, Inc. - The following resolution was approved in a motion by M. Lane, seconded by T. Todd and carried:

Whereas, Frey & Campbell, Inc. has completed their mechanical contract for the Tompkins County Public Library, now therefore be it

Resolved, on recommendation of the PWC, that the following claim against the County of Tompkins be and hereby is audited by the Board of Representatives:
Vendor   Payment Request # Account No.   Amount
Frey & Campbell, Inc.     14 (final)  HL7480.59239.74.80  $25,95980

Resolved, further, that the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HL7480.59239.74.80

8.  Appropriation from Contingent Fund - Highway - The following resolution was approved in a motion by T. Todd, seconded by M. Lane and carried:

Whereas, the Highway Department has to pay the New York State Emergency Management Office the amount of $6,818.09 for a disaster project in 2002 that was de-obligated, and

Whereas, this is an unexpected expense to the highway materials budget, and

Whereas, the highway materials account will be in a deficit situation in the amount of approximately $6,900 for 2002 with this added expense, now therefore be it

Resolved, on recommendation of the PWC and Budget and Capital Committee, that the Director of Finance be authorized to make the following budget appropriations:

From:  A1990.54400  Contingent Fund  $6,818.09
To: D5001.54312 Highway Materials $6,818.09

9.  Pavement Management Decision Making Process - Highway - P. Messmer distributed and reviewed with the committee the process of how decisions are made for selecting sections of roads for the various maintenance, repair, or rebuild options.  A questions had been raised by M. Robertson and some of her constituents about how the decision was made to do the work that was done on Irish Settlement Rd. this summer.  The committee thanked Pete for the information and said that it was very informative.
D. Kiefer stated that the present shoulder policy worked in conjunction with the decision making process.  However, Pete stated that even though the shoulder policy exists, it is not being adhered to since adding shoulders to a road or upgrading the shoulders on a road add to the infrastructure and the related maintenance costs.  There is not enough funding to be adding infrastructure and maintaining it.  Any shoulder work done is being done in-kind without upgrade unless it is a TEA -21 project.

10.   Ellis Hollow/Turkey Hill/Quarry Rd. Engineering Analysis - This item was postponed until the 11/7 meeting.

10 A.  Appropriation From Contingency & Award of Bid - Tompkins County Bridge Painting - P. Messmer and J. Lampman reported that the amount previously requested from the contingency fund for N. Triphammer and Lounsbery Rd. was more than what was actually needed.  Of the $200,000 from the contingency fund for N. Triphammer, only $80,000 was needed.  [They will discuss with David Squires whether} these overages can be returned to the contingency fund for other uses.  After discussion, the following resolution was approved in a motion by M. Lane, seconded by T. Todd and carried:

WHEREAS, Resolution 34 of 2002 authorized an agreement with the State of New York whereby Federal and State sources will furnish 95% of the funding necessary to repaint nine bridges maintained by the Tompkins County Highway Division at various locations throughout the county, and
WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the repainting of the bridges, and
WHEREAS, five (5) bids were received on August 6, 2002 and publicly read, but the Tompkins County Attorney recommended that the low bidder be allowed to withdraw its bid after said bidder cited a substantial error in bid preparation, and
WHEREAS, the second bid exceeded the amount authorized by Resolution 34 of 2002 by $72,413.00 and the New York State Department of Transportation (NYSDOT) has agreed to fund 80% of the cost overrun ($57,930.40) through the federal TEA-21 Program, and
WHEREAS, the NYSDOT will request an additional 15% ($10,861.95) be included in the State’s budget for the 2003 State fiscal year, now therefore be it
RESOLVED, on recommendation of the Public Works and Budget and Capital Committees, That the bid be awarded to United Eagle Painting Corp., of 217 Oliver Street, North Tonawanda, NY, lowest, responsible bidder, in the amount of $359,000.00.
RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed 2.5% of the aforementioned bid amount on behalf of the County, funds to be provided from account D5111.54411.
RESOLVED, further, That the Director of Finance be authorized to make the following budget appropriations:
FROM: A1990.54400 Contingency Funds $3,620.65
TO: 9522. Contribution to Highways $3,620.65
FROM: D5111.42801 Interfund Revenues $3,620.65
FROM: D5111.43589 Bridges (State Aid) $10,861.95
FROM: D5111.44589 Federal Aid, Bridges $57,930.40
TO: D5111.54411 Bridge Contracts $72,413.00

Explanatory Note: Painting work must be completed before July [31], 2003.  The originally estimated amount of funds needed from contingency for the N. Triphammer Road project now appears to be largely unneeded due to project cost savings.  Similarly, the increased local share projected for the Lounsbery Road Bridge Replacement will not be as large due to State agreement to increase the Federal and State funding shares.
 

Table of Bid Results
1  UNITED EAGLE PAINTING CORP. N. Tonawanda, NY  $  359,000.00
2  AMSTAR OF WESTERN NY, INC. West Seneca, NY  $  362,000.00
3  MARINE STEEL PAINTING CORP. Alden, NY  $  439,000.00
4  P.S. BRUCKEL, INC. Avon, NY  $  530,980.00
Withdrawn  TDA CONSTRUCTION Yonkers, NY  $ 217,000.00

Breakdown of Funding Shares
 Amount % Share Increase
Total Cost (low bid):  $   359,000.00  100%  $      72,413.00
Federal Share:  $   287,200.00  80%  $      57,930.40
Marchiselli Match:  $     53,850.00  15%  $      10,861.95
Balance (local share):  $     17,950.00  5%  $        3,620.65

11.  Budget Transfer - Highway - The following transfer was provided to the committee for information only; no action required:

FROM:      TO:
5010.54452 Postage - $300    5010.54412 Travel/Training
Explanation - Money needed to cover the expense for the 2002 statewide bridge conference in Syracuse.

12.  Approval of Minutes - 9/23/02 - These minutes were approved as submitted in the agenda packet.

Meeting adjourned at 11:06 AM
 

       Respectfully submitted,
 

       Cheryl A. Nelson
       Public Works Administrator