Chair B. Blanchard called the meeting to order at 9:03 AM.

1.  Chair's Report - Chair  Blanchard reported that D. Winch has been working for a peaceful resolution to this issue.  B. Blanchard and J. Wood are drafting a letter to the town (draft copy distributed to the committee members) reaffirming the County's position on the bridge and asking the Town to respond within thirty (30) days to the letter.  It was moved by M. Lane, seconded by D. Winch and carried for Barbara to send the letter on behalf of the PWC.  D. Kiefer questioned the 30-day limit and if other departments, such as Planning, could be of assistance with the Town applying for grants, etc.

2.  Approval of Minutes - 5/16/02 - These minutes were approved as presented in the agenda packet along with D. Kiefer's changes, which were distributed at  the meeting, in a motion by M. Lane, seconded by D. Kiefer and carried.

2A.  Approval of Resolutions c, x, and y from the 6/5/02 Board Meeting  - These three resolutions were to be voted on by the committee prior to the 6/5/02 Board meeting but were overlooked.  Resolution c, entitled Authorization to Execute Construction Funding Agreement with the New York state Department of Transportation - Brooktondale Bridges, BINS 3314100 (Lounsbery Road) and 1045990 (Valley Road) was previously approved by the PWC on 5/30/02.
Resolution x, entitled Authorize an Application and Agreement for $300,000 in Job Acess and Reverse Commute Grant FFY 2002 - Tompkins Consolidated Area Transit was approved in a motion by T. Todd, seconded by D. Kiefer and carried.  Resolution y, entitled Authorizing 2002 Federal Section 5309 Grant - Tompkins Consolidated Area Transit  was approved in a motion by D. Winch, seconded by T. Todd and carried in a vote of 4 yes, 1 no (Kiefer).  These three resolutions will now move to the full Board for action at its 6/18/02 meeting.

2B.  TCAT Lawsuit - Evans - J. Wood reported that the judge had ruled that no punitive damages were due to the plaintiffs by the County.  Further lawsuits are pending related to hiring practices and the City's negligence of the intersection design, but any judgments would be covered within existing insurance limits.

3.  Approval to Seek Bids and Level of Committee Involvement - 10-Wheel Dump Truck - It was the committee's consensus for staff to seek bids, award the bid, and report the results to the committee.  The purchase of this item was approved in the 2002 budget.

4.  Approval to Seek Bids and Level of Committee Involvement - 125 Gallon Melter/Appliator  - It was the committee's consensus for staff to seek bids, award the bid, and report the results to the committee.  The purchase of this item was approved in the 2002 budget.

5.  Snow and Ice Payments to the Towns - Payments to the towns, based on the contract formula, will decrease by 38%.  Even though P. Messmer stated that the towns are aware of this, the committee requested that a letter be sent to the towns stating the reduction.

6.  Authorization to Execute Supplemental Agreements with C&S Engineers, Inc. for Design Services - Reconstruction of County Road 105, Cortland-McLean Road
The following resolution was approved in a motion by T. Todd, seconded by D. Winch and carried:

Whereas, Resolution 158 of 1998 authorized a contract with C&S Engineers, Inc. (C&S) of Syracuse Hancock International Airport, Syracuse, NY for design services in connection with the reconstruction of County 105, Cortland-McLean Road, and
Whereas, Resolution 324 of 2001 approved a Design Report which identified additional highway reconstruction needs, among them replacement of a bridge over Fall Creek (BIN 331250), and
Whereas, Resolution 33 of 2002 authorized a supplementary agreement with the State of New York whereby State and Federal sources will furnish 95% of additional funding necessary for design services up to a total sum of $390,000 and also made the sum available within accounty HZ5103.59239.53.02, McLean Road Capital Account, to cover the cost of these services, now therefore be it
Resolved, on recommendation of the PWC, that the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with C&S Engineers, Inc. of Syracuse Hancock International Airport, Syracuse, NY for additional design services in connection with the referenced project for an amount not to exceed $131,000, funds to be provided from account HZS5103.59239.53.02, McLean Road Capital Account

7.  Authorization to Execute a Supplemental Agreement with Popli Consulting Engineers & Surveyors for Construction Inspection Services - Bridge Painting Project - The following resolution was approved in a motion by D. Winch, seconded by T. Todd and carried:

Whereas, Resolution 34 of 2002 authorized an agreement with the State of New York whereby State and Federal sources will furnish 95% of funding necessary for maintenance painting of nine Tompkins County bridges, and
Whereas, said Agreement requires Tompkins County to complete this project in accordance with applicable federal regulations and guidelines, and
Whereas, Resolution 93 of 2001 authorized a contract with Popli Consulting Engineers & Surveyors (Popli) of 55 Penbrook Drive, Penfield, NY for design services in connection with the referenced project, and
Whereas, Public Works Department staff has recommended Popli as best qualified to peform construction inspection for the Project in accordance with a proposal Popli dated October 29, 2001, now therefore be it
Resolved, on recommendation of the PWC, that the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Popli Consulting Engineers & Surveyors, of 555 Penbrooke Drive, Penfield, NY for construction inspection services in connection with the referenced project for an amount not to exceed $35,000.
Resolved, further, that the Highway Division be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed 10% of the aforementioned contract amount, funds to be provided from account D5111.54411 (Road/Bridge Contracts)

D. Kiefer questioned if staff would have done this work.  J. Lampman stated that in the past there has been reimbursement for this type of work being done by in-house staff.  P. Messmer stated that there is not enough staff time to do this, and he is looking at options of outsourcing this and other work when needed.  D. Kiefer raised the question of whether this could have been done by in-house staff if the Engineering division were still in place.  Even if Engineering were still a division, J. Lampman would have been the primary staff person to do this, and the point is that John doesn't have the time to do this, so it is being suggested that Popli do the work as outlined.

8.  Authorization to Acquire Right-of-Way - Brooktondale Bridges Project - PIN 375319 (Lounsbery Road Bridge, BIN 3314100) - This item was withdrawn since the committee approved it on 5/30/02.

9.  Highway Captial Projects Status Report  - This report was presented in the meeting agenda packet but not reviewed at the meeting.

10.  2001 Year-End Closeout - Highway - D. Squires continued his discussion of this item from the 5/30/02 committee meeting.  David prepared a handout that, using the N. Triphammer Rd. project as an example, illustrates the impact on the Highway Fund's cash flow by the County "upfronting" the cost of the projects.  In this example, David estimates the lost of interest to the County at 12/31/02 to be $23,412.37 based on the expenditure and receivable timing lapses.

11.  (Agenda item # 19) Disposal Fee Waiver - Ellis Hollow Community Center  - B. Eckstrom distributed copies of a letter that had been forwarded to her by S. Whicher and M. Robertson requesting a disposal fee waiver for approximately 10 tons of  wood mulch that has been in place under playground equipment that has possible arsenic exposure to children that play on it.  The waiver for the disposal of the 10 tons would equal $510.00  B. Eckstrom stated that this material is not considered hazardous waste per the DEC.  It was moved by M. Lane to approve this waiver up to $500.  The motion failed due to the lack of a motion second.  B. Eckstrom is to prepare a list of the past waiver requests for the committee's information.  D. Squires stated that he did not feel that the committee could grant any waivers.  J. Wood stated that waivers cannot be given to private individuals but that there is an expansive list of agencies, etc. for which the County can grant waivers.

12.  (Agenda item #16) Award of Bid - North Triphammer Road Rehabilitation and Bridge Replacement (BIN 3314360) - J. Lampman distributed handouts showing that the low bid is over the engineers estimate and possible ways that the overage could be addressed in order to keep the project on track for this construction season.  After discussion, it was moved by T. Todd, seconded by M. Lane and carried to approve the following resolution and to request the amount of $119, 050 (the increase in the County's share of the overrun) from the contingent fund and to offer modifications to the TIP to move projects out and utilize approved funding for the this project:
 
WHEREAS, Resolution 139 of 2001 authorized an agreement with the State of New York whereby State and Federal sources will furnish 95% of the funding necessary to rehabilitate North Triphammer Road and replace the North Triphammer Road bridge over Gulf Creek (BIN 3314300), and
WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the project, and
WHEREAS, two (2) bids were received on June 3, 2002 and publicly read, and
WHEREAS, the low bid exceeded the amount authorized by Resolution 139 of 2001 by $678,341.39, and
WHEREAS, the County Highway Manager has recommended partially offsetting this overrun by shifting surplus funds from project right-of-way acquisition, performing a portion of construction inspection with County staff, eliminating reconstruction of the Lounsbery Road Bridge approach on White Church Road and deferring rehabilitation of the Lower Brooktondale Bridge until 2005, the latter two recommendations being parts of the Brooktondale Bridges TEA-21 Project, and
WHEREAS, the Ithaca-Tompkins County Transportation Improvement Program (TIP) was amended to provide in accordance with the above recommendations, now therefore be it
RESOLVED, on recommendation of the Public Works Committee, That the bid be awarded to Economy Paving Company, Inc., of Cortland, lowest responsible bidder, in the amount of $2,782,341.39, pending approval of the bid by the New York State Department of Transportation.
RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed 0.5% of the aforementioned bid amount on behalf of the County, funds to be provided from the North Triphammer Road capital account (HZ5103.59239.53.01) and $119,050 from County Contingency.
Staff was directed to continue discussions with the State and the Town of Caroline regarding possible funding options.  Also, an amended agreement with the State will be needed for this project.

13.  Authorizing an Agreement with Ricondo & Associates to Provide Services in Connetion with a New Airline Agreement - Ithaca - Tompkins Regional Airport - There had been a question raised by S. Whicher as to whether or not this service would need to be sought through a bid or request for proposals or qualifications.  D. Squires has ruled that other proposals do not need to be sought since this is a professional service.  David stated that "public work" that exceeds $20,000 needs to be bid, but professional services do not, especially when the provider vendor is considered to be sole source.  After discussion, it was moved by T. Todd, seconded by M. Lane and carried to approve the following resolution:

     WHEREAS, the airport’s Use and Lease Agreement with US Airways is due to expire on 31 December, 2003, and

     WHEREAS, the County Board of Representatives deems it desirable to begin early negotiations with US Airways to provide the County with a clearer picture of the airport’s future financial position and how said position may impact future airport expenditures and the County’s budget, and

     WHEREAS, prior to commencement of contract negotiations, it will be necessary to develop a current operating/financial profile and to identify the County’s goals and objectives for negotiations, and

     WHEREAS, it is desirable to have expert assistance in the contract negotiations, to have assistance with the development of a rates & charges structure, and with the formulation of an airline agreement, now therefore be it

     RESOLVED, on recommendation of the Public Works Committee, That a professional services agreement with Ricondo & Associates for labor and out-of-pocket expenses, not to exceed $ 50,000, be approved and that the County Administrator be and hereby is authorized to execute said agreement.

     RESOLVED, further that the costs associated with these services be appropriated from the airport fund balance but included in the airline reconciliation for 2002/2003.

14.  (Agenda item #12) Authorizing a Supplemental Consultant Agreement No. 5 with C&S Engineers, Inc. for Additional Construction Observation & Administrative Services and Additional Environmental Services in Connection with the General Aviation Ramp Expansion Project - Ithaca - Tompkins Regional Airport - This item was withdrawn.

15.  (Agenda item #13) Executive Session - Taughannock Aviation - This item was withdrawn.

16.  (Agenda item #18) PW Charter Changes - D. Kiefer requested that in the Charter changes being proposed, that the latest version be changed to reflect that the division managers are authorized to hire consultants, not counsel.

17.  Airport Annual Report - D. Kiefer requested that in future years that:
A.  the report be double-side copied.
B.  there be the inclusion of an airport layout map.
C.  additional information be gathered and inserted on general aviation.

Bob was congratulated for being recognized by NYAMA and receiving the Bill Shea Award for being deemed as the person to have done most to benefit aviation in New York State during the preceding 12 months.
 
18.  Executive Session - Airport Security - It was moved by T. Todd, seconded by D. Kiefer and carried to enter and executive session at 11:00 AM.  The committee returned to open session at 11:20 AM.

Meeting adjourned at 11:20 AM