Cortland County Highway Committee

 

Minutes

7/8/08

8:30 AM

County Office building

Room 304

 

 

 

Meeting called by

Mr. McKee @ 8:42 AM

 

Type of meeting

Regular Committee

 

committee Members present

Mike McKee, Chairman; John Steger, Vice Chairman; Danny Ross;

Chad Loomis; Tom Hartnett;

 

attendees

Don Chambers, Highway Superintendent; Dennis Whitt, County Auditor; Mark Suben, County Attorney; Sandy Price, Majority Leader;  Brianne Parker, Secretary I; Eric Mulvihill, WHXC; Brian Noteboom, Empire State Regional Council of Carpenters- Council Rep.

 

not present

Scott Schrader , County Administrator ; Newell Willcox – Absent;

Kathie Arnold- Excused

 

Mr. Loomis moved for the adoption of the June 10, 2008 minutes as printed.

Mr. Hartnett seconded the motion.

All members voting in favor; None opposed; Minutes approved as printed.

 

Agenda topics

 

Resolution ~ Highway

 

No.1 Award Contract/Highway Department

 

Discussion

Mr. McKee called for a motion.  Mr. Hartnett moved the motion.

Mr. Loomis seconded.

 

 

Mr. Chambers explained that the Highway Dept. put a fire extinguishing system out for bid for the gasoline fuel island.  Currently there is no extinguishing system at the island, which is required by fire code.  The department has been operating without a system.  Installation of the system would bring the island up to current fire code.  Money is available within the current Highway budget.  Mr. Chambers stated that he intends to utilize the Highway Dept. and the Buildings & Grounds Dept. to run a conduit for the electrical power to the island.  He also stated that other than the electrical power, the rest of the work would be contractual.

Mr. Loomis inquired about the amount of the bid.  He asked Mr. Chambers if the bid amount should read $18,900.00, as it is missing a zero. 

Mr. Chambers said that was correct.

Mr. Loomis stated that there will have to be an amendment to the resolution to correct the amount of the bid.

Mr. McKee agreed.

Mr. Loomis wondered if there was only one bid put out.

Mr. Chambers informed Mr. Loomis and the committee that the bid was advertised.  There were invitations to other persons within the business, but only one bid was returned.

Mr. McKee inquired how long bids stayed out for.

Mr. Chambers responded that they have at least 5 days.  In this situation it was almost two weeks.  They have ample time to put together a bid.

Mr. Loomis inquired if this period of time was where you would specify or advertise for installation of the fire extinguishing system and that someone would produce a proposal.

Mr. Chambers responded that he wrote the specifications using the manufacturer’s information.  He produced a generic spec for the system.

Mr. McKee asked if there were any more questions or concerns; then called for a vote.

 

 

 

Conclusions

All members voting in favor; None opposed; Motion carried.

 

 

 

 

 

Resolution ~ Highway

 NO. 2 Award Highway Bid

Timber Deck Material for Cheningo Solon Pond Road Bridge - Highway Department

 

 

Discussion

Mr. McKee called for a motion.  Mr. Loomis moved the motion.

Mr. Hartnett seconded.

 

Mr. Chambers began by stating that in regards to the Cheningo Solon Pond Road Bridge project, he believes that at last month’s meeting the committee approved the structural steel and galvanized main beams.  He explained that this resolution would be for the timber decking on the bridge.  They will be using a nail laminated deck.  The Highway Dept. will be constructing the deck and installing the steel.  He explained to the committee that it’s a super structure replacement, so everything above the bridge seat will be new.

Mr. McKee said that he was curious as to what the dimensions of the timber being used for the deck would be.

Mr. Chambers informed Mr. McKee and the committee that he believes that it will be

2 x8 pressure treated timber lumber.  He also stated that the timbers will be nailed together with 20 D galvanized nails. 

Mr. McKee inquired as to whether there will be more than one layer of 2 x 8’s.

Mr. Chambers responded that the timbers will be stood up side by side.  He explained that it is transverse, so the beams will run longitude in relation to the road and the timbers will run transverse across the structure.  Mr. Chambers continued to explain that the structure that is there now is constructed of all timber.  The bridge has a center pier which will be removed so the bridge will span the entire creek.  Mr. Chambers also informed the committee that the state has identified this structure as scour critical that may be subject to flooding during the next flood.  The structure has been on flood watch.  The state has advised Mr. Chambers to address the issue.  The center pier will be removed to make it a single span bridge which will increase the hydraulic efficiency of the structure and also address the scour issue. 

Mr. McKee inquired about when the work will begin, as he has not traveled the road in some time.

Mr. Chambers responded that they should begin work in late August or early September.

Mr. Loomis inquired what the life span of the bridge would be once it was completed.

Mr. Chambers forecasted the lifespan to be 40 years.

Mr. McKee asked for any more questions or comments; then called for a vote.

 

 

 

Conclusions

All members voting in favor; None opposed; Motion carried.

 

 

 

 

 

Resolution ~ Highway

NO.3  Authorize Contract/ Highway Department

Town of Taylor (Snow and Ice-County Roads)

 

 

 

Discussion

Mr. McKee called for a motion.  Mr. Hartnett moved the motion. 

Mr. Steger seconded.

Mr. Chambers explained that this is for the continuation of our snow and ice operations.  Mr. Chambers had a meeting with state DOT and they wish to continue the program.  He informed the committee that the Town of Taylor provides the service for the county.  They have been plowing a number of county roads for years.  This year Mr. Chambers did put in an increase.  The cost had been $2,860.00 per mile up until last year.  It had been that amount for 3 or 4 years.  Mr. Chambers said that he extrapolated some costs and spoke with Town Highway Superintendants.  He said that the Town Highway Superintendants believe the increase is equitable for the program.  Mr. Chambers stated that he also agreed with the increase due to the increase in diesel fuel, salt, and labor costs.  He believes that it will work for both parties involved.

Mr. McKee inquired as to how many towns that Mr. Chambers contracted with throughout the county.  He stated that he was aware of Cincinnatus, Taylor and Homer.

Mr. Chambers explained that they were contracting with Homer, but discussed it with Homer and will no longer be contracting with them.  The decision was made partially based on the expansion of the landfill.  Homer was asked to abandon part of Townline Road as it would only be 2,130 feet of road into the Landfill.  The Landfill now has a plow and is buying the sand from Homer to use at the Landfill.  Homer used to store sand and salt mixture at the Landfill, but DEC has stated that it was unacceptable to have the mixture outside and uncovered.  So working with Homer it was decided to buy the mixture from the Town of Homer , load it in the trucks and sand the road on the way into the Landfill.  Town of Homer ’s superintendant was in favor of this decision. 

Mr. McKee asked if there were any more questions or concerns on this particular item; then called for a vote.

 

Conclusions

All members voting in favor; None opposed; Motion carried.

 

 

Resolution ~ Highway

NO. 4 Authorize Contract/ Highway Department

Town of Cincinnatus (Snow and Ice- County Roads)

Discussion

Mr. McKee called for a motion.  Mr. Hartnett moved the motion.

Mr. Steger seconded.

Mr. McKee explained that this resolution is basically the same as the previous agenda item. 

Mr. Chambers informed the committee that this contract is slightly different because it includes both county and state roads.  He informed the committee that under the 4.05 miles of county road the payment would be $3,300.00 per mile.  Under the 8.01 miles of state roads, as a sub-contractor on the state contract, the payment would be time and material.  Mr. Chambers explained that the payment would not exceed          $ 38,000.00.  He explained that was how the contract was worded last year, except the amount was not to exceed $30,000.00.

Mr. McKee inquired how Mr. Chambers did in regards to not exceeding the allotted $30,000.00.

Mr. Loomis stated that it sounded like he might have gone over the allotted amount since there is an increase.

Mr. Chambers informed the committee that they did not exceed the $30,000.00. He believes the amount spent or paid was in the mid 20,000 range.  He stated that due to the winters around the county he would like to have a cushion.  You can never predict on winter, they might have to remove snow and ice all day, everyday, and would like to be able to compensate for that. 

Mr. McKee asked if there were any more questions or concerns; then called for a vote.

 

Conclusions

All members voting in favor; None opposed; Motion carried.

 

 

Resolution ~ Highway

NO. 5 Award Highway Bid

Metal Object Removal Highway Department/ Recycling

Discussion

Mr. McKee called for a motion.  Mr. Loomis moved the motion.

Mr. Hartnett seconded.

Mr. Chambers explained that the contract is for the placement of dumpsters at the County Landfill and the Highway Department garage.  He stated that at the Highway garage the metal is taken off of the vehicles and placed in a bin.  At the Landfill the metal comes from the shop and also from what residents bring to the facility.  This metal is usually in the form of white goods such as: stoves, refrigerators, and other appliances.  They are in need of a way to dispose of the materials, this way it is being recycled.

Mr. McKee asked if there are any questions and calls for a vote.

 

Conclusions

All members voting in favor; None opposed; Motion carried.

Ms. Price stated that after the discussion items listed on the agenda have been discussed, she has three items that she would like to talk about.

Mr. McKee agreed to let Ms. Price speak.

 

Discussion ~ YMCA Bike Tour Request

Discussion

Mr. McKee announced that the committee would be moving on to the

discussion items on the agenda.  Asked if anyone would like to discuss Dwyer Park .

Mr. Chambers informed the committee that the YMCA has requested to utilize Dwyer Memorial Park as a stopping point for 500 bicyclists.  There is a matinee show that day with CRT and what is being proposed is to fence off an area in the outfield area of the ball field.  Porta-jons and tables will be set up, as it will serve as a rest stop for the bicyclists.  If this is acceptable, Mr. Chambers will have the park people fence off an area for them to use. 

Mr. Suben inquired as to whom would be responsible for insurance, as they will be on county property.

Ms. Price said that she understands the question of liability, but states that it is the public utilizing a public place.

Mr. Chambers stated that they have not required them to have insurance in previous years.

Mr. Hartnett stated that it’s a big bike run which is an annual event.  It brings a lot of people through town. Mr. Hartnett stated that he has seen the increase at the diner.  He also stated that he couldn’t imagine the economic impact of not having the bicyclists stop here.

Mr. Suben stated that he was not proposing not to hold the event.

Ms. Price stated that when you make things difficult for volunteers, then they are more apt to move on to another location.  She also stated that she understands Mr. Suben’s responsibility and appreciates that he brought the issue to the attention of the committee. 

Mr. Hartnett stated that he believes they should take a chance on it.

 

Conclusions

Mr. McKee stated that by a consensus it would be alright to move

forward.  Mr. Chambers thanked the committee for the approval to proceed.

 

Discussion ~ Travel Request

Discussion

Mr. Chambers started the discussion asking for authorization for Mr.

Buerkle and himself to travel to Garden City, NY to meet with FAA officials regarding grants for the airport.  He stated that it would be a one day trip.  Last year’s trip turned out very successful.  He said that before they departed for the trip, they did not believe they would be eligible for funding.  They left the meeting with $500,000.00 in funding after the face to face meeting.  He believes that it is a good way to get the point across.  They will take the plans with them as they will be traveling with the consulting engineers. 

Ms. Price inquired if the trip would be overnight.

Mr. Chambers stated that the plan is to fly down and to fly back the same day.

Ms. Price stated that she is aware that the contact from previous meetings had been very successful on many projects including roadwork and the airport.

Mr. Chambers stated that at this point he does not have an estimate of what the cost of the trip will be.  He is planning on looking into purchasing airline tickets.  He figures that they will most likely have to rent a car in order to get from the airport to the site of the meeting.  He said there would be some travel costs involved, but they would be covered through the Highway Department’s budget.

Mr. Loomis inquired how many consultants would be traveling with them.

Mr. Chambers informed him that there will probably be two consultants going.  He said that they would be paying their own way for the trip.  He offered to have anyone on the committee accompany them on the trip.

Mr. Loomis asked when the trip was.

Mr. Chambers replied July.

 

Conclusions

Mr. McKee asked for approval by a consensus.  All members

approved.  Mr. Chambers thanked the committee for their approval.

 

Discussion ~ Disposing of old telephone poles

Discussion

Mr. Chambers introduced a request on behalf of one of his employees.

He asked the committee if they had any objections to the employee using some old telephone poles that have been up to the park.  Mr. Chambers said that he spoke with Steve Bryan, who believed that the poles had been there for 20 years or more.  Mr. Chambers believes that when the utility company ran new telephone and power poles through the park for the few residents that live there, then left them there.  He stated that one of his employees would like to make use of the poles.

Ms. Price stated that she didn’t have a problem with it, but she was aware that some years ago a legislator took some poles or some sort of materials for a dock.  An issue arose and as a result the legislator had to return the materials.  She stated that if they have been around for 20 years then they are not worth anything.  She then asked the opinion of the County Attorney , so the employee will not be put into an embarrassing situation.

Mr. McKee explained to Mr. Suben that Mr. Chambers has an employee who would like to make use of the poles left in the park for almost 25 years.  He stated that he has no problem, but would also like the opinion of Mr. Suben.

Mr. Suben questioned whether the poles are County property.

Ms. Price stated that she believes that Mr. Schrader is working on a policy in regards to issues of this manner.

Mr. Whitt commented that first and foremost, it must be determined whether the material is County property.  He highly doubts that logs left by another company would be considered County inventory or even considered a fixed asset.  He stated that if they are County property, a declaration can be made in terms of an audit perspective to dispose of the material.

Ms. Price stated that would be the way to do it.

Mr. Whitt stated that if someone wants to make an issue, those issues only arise when the materials are taken without a request and without authority.  If the material is not considered County property, it’s not being treating on the books as such, there is no problem.  Even if the material is deemed property of the County, the committee would still have the authority to have the material disposed of.

Ms. Price stated that if the committee believes there is no perceivable use for the material they can authorize the employee to dispose of it.

Mr. Whitt stated if you believe there is no value of the poles lying at Dwyer Park for the last 25 years you can authorize that.

Mr. Suben stated that you would determine that the poles are not County property.  If they are telephone poles, they would not be considered County property. His understanding is that if you never acquire that pole; it would always belong to the company that left them.

Ms. Price said that she must protect the employee; she believes that the committee should pass a resolution that there is no value or use for the poles.

Mr. Suben stated that the following issues should be included in the resolution.

1-      The material is not County property and is not on the County books.

2-      There is no use for the material (which is true for any disposition of County property)

3-      There is no value to the County.

He stated that if someone drafts something he would review it.

Ms. Price said that she believes Ms. Parker has written the three issues down.

Mr. Suben said to let Mr. Schrader authorize the disposal of the material.

Ms. Price questioned whether authorization can be given by committee approval or would there be a need for a resolution.

Mr. Whitt stated that from his point of view, if the material is not on inventory, he believes that you can administratively dispose of it.  The committee approval certainly gives value to administrative decision.  He agreed with Mr. Suben, that it must be determined if the material is County property or not; a resolution that would claim the disposal of the material.

Mr. Loomis stated that with a resolution it would keep the transaction clean.

Ms. Price stated that she believes that the disposal of unwanted items has been done by committee approval in the past.

Mr. Chambers informed the committee that he was not even aware the poles were there.  He had an employee inform him that they have just been sitting there.

Ms. Price offered to decide by resolution and when Mr. Schrader returns, he can deem it un-necessary, but at least the vote would be on record that the committee approved it.

Mr. Whitt stated that the only person who would tell you it’s necessary would be the County Attorney .

Mr. Suben responded that he would not tell the committee that.

Mr. Whitt stated that from an administrative standpoint, he doesn’t think there would be a need for the committee’s approval if the material is not the property of the County.

Mr. Suben believed that what Ms. Price is saying is that she wants to protect the employee.  He said that he would go out on a limb and except the institutional memory of our majority leader and agree that we do not need a formal resolution, but would appreciate the committee’s approval. 

Ms. Price suggested that the committee do it as a resolution or a committee motion whichever the County Administrator chooses to use.

Mr. Suben stated that he can’t believe that this would ever be challenged by anyone.  He believes that the discussion taken place and the minutes will be sufficient enough to protect the employee and the County as long as Mr. Chambers has no knowledge that the poles are County property.

Mr. Whitt inquired if it had been determined that the issue will be voted on by committee.

Mr. Suben recommended deciding by committee.

Mr. Whitt suggested getting a motion based on the recommendation of the Highway Superintendant that the poles at Dwyer Park are of no value to the County.

Mr. Suben stated that he does not mean to interrupt, but would like clarification that Mr. Whitt has no knowledge that the poles are on the books for County inventory.

Mr. Whitt replied that he does not have any knowledge of the poles. He would order the employee to dispose of the items.  If that is the motion, a second would finish.

Mr. Chambers stated that the committee did the exact same thing about three months ago with some other material that was disposed of.  That issue was resolved by action of the committee. 

Mr. Suben stated that the last thing he would like to add is: not to name the employee, but if he/she is to dispose of the material, the County employee is by no means acting improperly.

 

Conclusions

Mr. McKee called for a motion.  Mr. Ross moved the motion.

Mr. Hartnett seconded.  All members voting in favor; None opposed; Motion carried.

Ms. Price stated that in relation to excess property, Mr. Schrader is working on a policy because at some point the contents of the Moose building will have to be disposed of.  There might be some items there that could be of value to other municipalities or to private people.

Mr. Hartnett stated that an inventory will have to be completed first to see what is in the building.

 

Discussion ~ Ms. Price

Discussion

Mr. McKee informed Ms. Price that she may begin her discussion

items that she inquired about earlier. 

Ms. Price began by introducing Brian Noteboom to the committee.  Brian is from the Carpenter’s Union and is interested in what the County is doing.  He has been observing us in different ways for a few years.  She then asks Brian if he would like to speak.

Mr. Noteboom stated that he represents the interest of the contractors and members of the union that do work in Cortland County .  He is aware that there are some building projects coming up.  He just wanted to attend the meeting as there are a lot of things changing on the State level.  He also thanked the committee for allowing him to be there.

Ms. Price informed the committee that she would have Ms. Morgan add him to the mailing list so he is aware of the meetings.  The second issue she wanted to discuss was the fact that there was a striping paint problem that was handled very well by Bob Buerkle.  She stated that when our people do well, she would like to make note of it.  It was a sticky problem in more ways than just the paint and Mr. Buerkle handled it very well and swiftly.  She stated that it is what we want for our constituate when there is a problem.  The third issue she wanted to discuss was the Daisy Hollow repair time frame.  She asked Mr. Chambers if he knew when it would be starting.

Mr. Chambers replied that he didn’t know.

Ms. Price said that it was ok.  Just when you figure it out let her know.

Mr. Chambers said he would update her on any changes.

Ms. Price thanked Mr. McKee for the time to speak.

 

Conclusions

 

 

 

Discussion ~ Audit Report

Discussion

Mr. McKee asked if Mr. Whitt had anything to discuss with the

committee. 

Mr. Whitt informed the committee that he was sitting in for Mr. Schrader and the chairman, but was also present as their County Auditor .  He stated that it was seldom that he attended the Buildings & Grounds and Highway committee meetings for auditing purposes.  There was an item that he wanted to discuss with the committee and also asked for help from the County Attorney and Highway Superintendant.  In processing the audit, we try to keep everything clean.  We try our best to keep our financial picture clean for the people on the outside that rate us.  A check was discovered for the amount of $8,300.00 that was written in September of 2003 that has gone un-cashed.  The check, according to a preliminary review from the Treasurer’s Office and Audit, was written to Kenneth A. Demun.  The check states it is for the easement of the South Main project.  He is not familiar with the project.  He just wanted the committee to know that the check is outstanding.  He then inquired if Mr. Chambers was Highway Superintendant in 2003. 

Mr. Chambers replied that he was not.

Mr. Whitt stated that this issue predates Mr. Suben, Mr. Chambers, and himself.  The committee needed to know that for some reason the check for the project did not get cashed.  According to the Treasurer’s Office and recollection the check was sent as part of a closing packet.  The check could still be sitting in a file.

Mr. Suben stated that he remembers being on the City Corporation Council at that time and remembers being asked out on Traction Drive with Frank Casula, who was handling the project for the County.  He stated that if he was provided with a short memo and it was in documentary form, he would look into it.  He also stated that they all know Ken and he is a very canny businessman.  He assured the committee that if that amount of money did not get to Ken we would have known before now.

Mr. Whitt stated that the issue will be resolved administratively, but wanted the committee to be aware.  He said he was taking the issue to the Budget and Finance committee because it is an Audit issue.  The issue is that he doesn’t understand how the County went 4 to 5 years without knowing that they had an outstanding check.  There should be no issue with the County Attorney ’s Office.

Mr. Suben stated that once the file was found, he would contact Matt Newman.

Mr. Whitt stated that he would not report back to this committee on this issue, but would send a memo as to the outcome.

Ms. Price stated that inquiring minds would like to know and it would be appreciated if they knew the result.

 

Conclusions

Mr. McKee asked if there are any more questions and called for a

motion to adjourn.

 

 

Meeting Adjourned

Motion to adjourn @ 8:22 AM.

Special notes

 

 

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