Highway Committee

May 6, 2004

8:30 a.m.

DRAFT Minutes

Present were: Paul Allen, Chairman; Larry Cornell; Merwin Armstrong, Scott Elston, Dan Tagliente,

Others present: Ann Homer; Don Chambers; Joe Eggleston; Bob Buerkle; Scott Schrader; Nicole (Cortland Standard); Phil Simon, MVE Homes

Excused: John Steger

Absent: Steve Dafoe but notified the Legislative Chair he would not be in.

Chairman Allen called the meeting to order at 8:37 a.m.

On motion of Mr. Cornell, seconded by Mr. Elston, minutes of April 1, 2004, meeting were approved as printed.

Resolutions

 

1. Authorize Agreement to Outload Gravel – Owego Harford Railway, Inc., Highway Department – On the motion of Mr. Cornell, seconded by Mr. Elston. Mr. Chambers explained that the purpose of this resolution and what Owego Harford Railway will be doing with this material. The gravel is being purchased from Mr. Kimmich but we have the permit. We are loading the gravel for safety reasons – Owego Harford Railway will reimburse for equipment and labor, the gravel is being purchased from the Kimmichs. . All members voting in favor; none opposed; motion adopted.

 

2. Authorize Agreements – Main Street/Page Green, Highway Department – On the motion of Mr. Cornell; seconded by Mr. Armstrong. All members voting in favor; none opposed; motion adopted.

Mr. Chambers explained that this is for the next phase of the project.

 

3. Authorize Supplemental Agreement – McGraw-Marathon Bridge, Bin 3311990/Highway – On the motion of Mr. Tagliente; seconded by Mr. Armstrong; all members voting in favor; none opposed; motion adopted.

 

4. Create Projects/Transfer Funds, Highway Department – On the motion of Mr. Cornell; seconded by Mr. Tagliente; all members voting in favor; none opposed; motion adopted.

 

5. Authorize Agreement for Engineering, Highway Department/Recycling – On the motion of Mr. Cornell; seconded by Mr. Tagliente. This is the firm being recommended as a result of a proposal. This is under professional services and does not require a bid process. Mr. Eggleston indicated this is similar to a design/build concept. We would take possession of the building on January 1, 2005. The equipment would be in and the employees would be trained and we would be ready to run January 3, 2005. Mr. Schrader said that DEC has provided new information regarding reimbursement position. All members voting in favor; none opposed; motion adopted.

 

6. Authorize Agreement NYSDEC, Highway Department/Recycling – On the motion of Mr. Elston; seconded by Mr. Cornell. This is required to receive the 50% funding from DEC. You must use their verbiage or it will be sent back to be redone. All members voting in favor; none opposed; motion adopted.

NOTE: The committee would like committee agenda item numbers on the resolution.

7. Designation of Lead Agency, Determination of No Significant Environmental Impact, Highway Department/Recycling – On the motion of Mr. Tagliente; seconded by Mr. Cornell; all members voting in favor; none opposed; motion adopted.

 

8. Award Service Agreements, Highway Department/Landfill – On the motion of Mr. Elston; seconded by Mr. Cornell. Mr. Allen explained that Waste Management is the low bidder for containers and K&S the low bidder for the tires. Tire removal is cheaper than previous contract; waste management is within a few dollars of the previous contract. All members voting in favor; none opposed; motion adopted.

 

9. Authorize Amnesty Day, Highway Department (Lime Hollow Nature Center) – On the motion of Mr. Elston; seconded by Mr. Cornell. This is a separate amnesty day from the municipal amnesty day. All members voting in favor; none opposed; motion adopted.

 

10. Amend 2004 Budget/Transfer Funds, Highway Department/Solid Waste – On the motion of Mr. Cornell; seconded by Mr. Elston. Mr. Allen explained there is $0 budgeted for recycling; this is to build a budget for recycling. We spend about $10,000 per month on recycling on contractual costs. The goal with the new center is to cut costs back. All members voting in favor; none opposed; motion adopted.

 

11. Authorize Permanent Easement, Highway Department/Airport – On the motion of Mr. Cornell; seconded by Mr. Cornell. Mr. Allen explained this is for the Highland Sewer project that Cortlandville has been trying to get going for several years. The County and Cortlandville have reached an agreement as to where this easement will be. This should not negatively impact any future airport projects. All members voting in favor; none opposed; motion adopted.
12. Authorize Agreement (MOU) CRT/Highway - On the motion of Mr. Cornell, seconded by Mr. Armstrong. All members voting in favor; none opposed; motion adopted. 

 

13. Award Fireworks, Highway Department – On the motion of Mr. Cornell; seconded by Mr. Tagliente. Mr. Schrader indicated that this is for $9,999.99 and was done by a reverse proposal. All members voting in favor; none opposed; motion adopted.

 

14. Carry In Carry Out Policy, Highway Department/ Dwyer Memorial Park – On the motion of Mr. Armstrong; seconded by Mr. Cornell. Mr. Allen explained this is in the unfortunate result of the cutbacks in the budget process. Mr. Cornell asked if this is going to create a problem with trash being thrown all over the park. Mr. Allen said he does dare hazard a guess. Mr. Schrader indicated he has the same concerns, but he thinks we should give it a try. Mr. Eggleston said historically there has been a dumpster for the Highway Department’s use, which is serviced on a weekly basis. Mr. Eggleston’s staff has other duties, such as mowing and maintenance, and this is a service that must go. The dumpster will remain but will not be serviced on a weekly basis but will be serviced on an "as needed" basis. For the next committee meeting, Mr. Eggleston was asked to prepare a report of where we have trash collection for the County itself and what the costs are. This will be done in conjunction with Mr. Schrader. Mr. Schrader indicating that we are looking in to "name licensing" for a corporate sponsor of the park. All members voting in favor except Mr. Tagliente opposed; motion adopted.

1. Daisy Hollow Stockpile Area – Mr. Phil Simon, co-owner of MVE homes, circulated photos and maps of the 600+ foot frontage that he is looking for develop. Mr. Simon indicated that the County does not maintain this particular area. He wants to put two new homes on the frontage. There is one sold already and the owners are concerned about the stockpile of materials and the machinery that is sitting in front of the area where the new home will be. The question is also about how to get across the area for a driveway. Whose responsibility is it to raise the land for the driveway to cross? MVE is proposing that the County abandon the area as a storage area. MVE would be willing to take the land and recover it and add it to the frontage of the lots and the cost of reclamation would be passed on to the County. They want to get land and homes on the tax rolls. Mr. Simon is asking the County to abandon use of their area and if you are willing to do that, how do we move forward on that. Mr. Simon indicated that there are several properties being taken for taxes in the County and perhaps the County could find a more suitable area for this material and the equipment. The urgency on Mr. Simon’s part is that he has someone who wants to be there now and there is a short building season. Mr. Allen indicated there is a balancing act because we want a high tax base and we want to help landowners and taxpayers, but the other thing we have to weigh is the fact that in his short tenure we have come in to problems (in Cuyler) with trying to be generous and we have a small area now for staging. The end of Gee Hill Road, there are concerns from those moving in to the area and don’t appreciate the piles of grindings. I’ve driven past them since I was young and they don’t bother me. We have to balance out where we are going to stage for construction projects. Where else in the proximity could we have a staging area that the County owns? Mr. Eggleston has not done any investigation on this issue. We usually take what we can get. This piece was produced by realignment of the road in the mid 1980s and it was a fairly major realignment. At the time, there was a house or two and it was absolutely no problem. Over time, the property owners change and the activities of the County are no longer acceptable. This leaves us no place to go and I’m not certain we would be any better received in a different position in that geographic area. Mr. Schrader indicated that there are some legal issues. We can’t just give property aware. We would have to go through a process and if we abandon property, it would have to be dispersed amongst all property owners; and we would have to sell it and go through a competitive bidding process. Mr. Eggleston indicated that when Mr. Simon commenced developing this area, he should have discussed it with the County at that time. Mr. Schrader said unless someone in the area is willing to donate some land, we aren’t able to purchase any more property. Mr. Allen indicated to Mr. Simon that he should sit down with the Director of Real Property Tax Services and/or Planning and look at what the County has taken in the general vicinity. If we had an idea that we could use it might be possible. But I have an obligation to the Highway Department to ensure that they have a place to put these materials if we take away this spot. Mr. Elston asked if we actually own the deed to the property. Mr. Eggleston said that a portion is the Highway right of way and we can use as needed. Mr. Elston asked how often we stockpile materials. Mr. Eggleston said that we use it as often as necessary. Mr. Buerkle indicated that we will be using this stockpile location this summer. Mr. Elston asked if we don’t have another stockpile location within 2 to 3 miles. Mr. Eggleston indicated that we use Cornell’s location and the town’s location, but they tell us how we can use it. Mr. Eggleston doesn’t like the fact that people are now telling us how to use our land. Mr. Elston has an issue with the location. He feels it is a hazard to store materials and/or equipment at that location. Mr. Elston feels it is less than 50 feet from the fog line to the front of Mr. Simon’s property. Mr. Eggleston is not aware of any NYS guideline for parking equipment temporarily. Mr. Buerkle indicated that the NYS guideline is for permanent items on the location, not temporary. Mr. Elston feels this issue needs to go to the County Attorney to look at; the committee doesn’t have enough information to make a motion. Mr. Eggleston said this is a failure that this was not discussed when the land was purchased/acquired and/or developed. Mr. Simon acquired the property after the County was using the land for stockpile, so he was aware of its usage. Mr. Simon said the situation is not that they didn’t know about it, but 14 years later there is a need for housing and it is time to look at a more suitable location than something that would be in a homeowner’s front yard. Mr. Schrader asked about a property swap. Mr. Simon said he doesn’t believe there would be anything available on that same parcel that he could swap with the County. Mr. Elston stated that he would like to see a land swap on this project. Mr. Schrader indicated he will get with Planning/Highway/RPTS to see if there is something that can be done. He is not optimistic about it, but he will look in to it. Mr. Eggleston indicated that they have no stockpile area on Babcock Hollow and they need a stockpile area for this general geographic area. Mr. Allen indicated that he is not against this, but he needs assurance that there are suitable staging areas for the County. Mr. Elston indicated that he wants this project to happen and he wants the County to cooperate. A land swap may be a viable alternative. It may not be Mr. Simon’s most desirable alternative, but we need to try to get a staging area. Mr. Elston wants an area in the corner as a land swap. Mr. Allen asked Mr. Simon not to gear his conversation to indicate that the County is preventing this project. Mr. Simon reiterated that the atmosphere in the area is changing – there is a need for development/housing in this area. Mr. Schrader said you have to look at it this way. If we don’t fix the road, who is going to build at all on a specific road – you need to look at Cold Brook Road. We have a responsibility to rehab roads. Mr. Schrader indicated that a landowner has to get a permit/permission to build a driveway that cuts into a road. Mr. Schrader wants the opportunity to meet with Highway/Planning/RPTS to investigate this further to see if there is a way to accomplish this some other way – either through a different division, a land swap, or identifying some other place to stockpile. We have to be able to stockpile in that area. Mr. Allen indicated that this will be continued if Mr. Simon can come back with a viable plan.
2. Mr. Allen asked the committee to look at their calendars to schedule a "field trip" in June to look at the County roads. The road tour is scheduled for Friday, June 18, at 8:30 a.m. Leave from the County Office Building. Mr. Schrader to cal Syd McEvoy to procure the van.

 

3. Mr. Allen brought to the committee the subject of flow control based on the presentation by the attorneys yesterday. At next month’s meeting, Mr. Allen would like to see a flow control resolution on the committee agenda so it can be moved forward and voted on by the Legislature. Mr. Allen indicated that we are making sizable commitments to long-term capital projects and in order to move forward, he feels it would be foolhardy not to stabilize the financial aspect of our solid waste system.

 

4. Amnesty day – for the towns who have called with concerns about the ability to get all the garbage there in one day. In the past we have informally extended the days. If the municipalities cannot get all the garbage there in one day, Mr. Allen would like to see the informal extension again this year, particularly with only one amnesty day this year. The committee agreed to let the amnesty trickle out a few days at Mr. Chamber’s discretion.

NOTE: Published agenda item to approve credit was withdrawn and not discussed.

The meeting adjourned at 10:06 a.m.

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