Highway Committee

March 11, 2008 – 9:00 am

DRAFT MINUTES

 

Present:                      Mike McKee, Chairman; John Steger; Vice Chairman; Kathie Arnold, Tom Hartnett, Chad Loomis, Danny Ross and Newell Willcox

Others present:          Scott Schrader, County Administrator; Carol Tytler, Legislative District 3; Eugene Waldbauer, Legislative District 13; Sandy Price, Legislative District 19; Mark Suben, County Attorney; Katrina Spicer, Secretary to County Administration; Donald Chambers, Superintendent of Highways; Bob Buerkle, Deputy Superintendent of Highways; Kevin E. Voorhees, Barton & Loguidice; Jeff Swan, Elexco; Willie Shelton, Elexco; Eric Mulvihill, WXHC; Evan Geibel, Cortland Standard; Holly Green and Angela Jackson-Wilde

Mr. McKee called the meeting to order at 9:11 a.m.

Mr. Ross moved adoption of the minutes of the February 12, 2008 meeting; seconded by Mr. Hartnett.  All members voting in favor; none opposed; minutes approved as printed.

DISCUSSION ITEMS:

 

1.                  Barton & Loguidice Presentation – DEC Proposed Landfill Changes – Mr. Voorhees discussed the changes being planned by the New York State Department of Environmental Conservation in regards to State Wide Solid Waste Management.  He added that these ideas are preliminary and are still in the discussion phase.  He explained that one change being discussed is to raise money by imposing a $5 per ton surcharge fee.  He expressed this is just being discussed at this stage and added that the plans are not to impose this tax on the public sector but instead to impose it on the private sector.  He further discussed a changing of policy regarding landfill permits and then added that the Cortland County Landfill need not worry because their permit does not expire until 2014.  Mr. Voorhees discussed a portion of the surcharge, if imposed, may need local legislation.  He stated that the countywide plan might need changes due to the changes in the statewide plan.  Mr. Voorhees invited any questions.  He added that if questions arise after the meeting they could be funneled through Mr. Chambers.  He ended by stating that he wanted to just give the committee members as a heads up on the changes being looked at and to make every effort to let the public know. 

2.                  Natural Gas Search, Seismic Testing at the Landfill, Jeff Swan and Willie Shelton – Mr. Swan explained that his company is interested in searching for natural gas on Landfill property through seismic testing.  He added that the testing should take approximately two weeks and further discussed a map with committee members, which indicated lines coordinating with testing.  He added that this testing would have the least amount of impact.  He explained that a temporary data cable will be laid on the ground, energy will be induced to form sound waves and all necessary items will be taken out of harms way.  He discussed and explained a 1,000-foot buffer will be in place and the process of collecting data and surveying the area.  He stated that the testing will be as non-intrusive as possible and his company will pay for any and all damages.  Mr. Swan explained that he would like to start this testing next month and without the cooperation of the County for testing at the county landfill a large shadow will be cast in the data collected.  Mr. McKee inquired as to any negative impact this will have on the Landfill and on DEC permits.  Mr. Buerkle and Mr. Chambers expressed that they were not certain what impact this would have on the permits but added that they will check into this and get back to the committee members with that information.  Mr. Schrader inquired as to what the estimated amount of energy being used in the charges is.  Mr. Swan explained that he did not know.  Mr. Buerkle explained that there is a curve “not to exceed” as a national standard.  Mr. Schrader expressed his concerns regarding the liner.  Committee members discussed the enormous expense involved if damages do occur to a liner.  Mr. Buerkle explained that a problem would be “proof”; proving that the seismic testing caused the damage to the liner.  Ms. Arnold expressed and discussed her concerns and personal history regarding this testing.  Mr. Ross expressed that he would rather wait for a response from DEC regarding this before moving forward.  He added that he also has concerns regarding the liners.  Mr. Loomis inquired as to what the benefits would be to allow for this testing.  Mr. Buerkle stated that there would not be a gap in the data colleted and added that there is a potential of gaining revenue from a lease.  He added that without allowing for this testing there will be a hole in the data and an adequate determination of the overall effect on the Landfill and surrounding lands will not be possible.  Mr. Loomis stated that the advantage to the County allowing for this testing is that they will have control over the issue.  Mr. Schrader expressed that the company has also asked for a lease.  Committee members discussed a lease and the terms of the lease.  Mr. Schrader strongly expressed that his biggest concern remains with potential damage to the liner.  Committee members discussed a buffer and control of the testing being conducted.  Mr. Willcox suggested that the insurance policy include a clause that will mitigate concerns.  Mr. Schrader stated that language is not needed in the insurance policy but rather in the contract and he added that the long-term liability to the County is “huge.”  Mr. Chambers discussed the liners involved in the capped landfills.  Mr. Buerkle discussed ground movement causing the liner to slip and tear and also causing a puncture in the liner.  He also discussed measuring ground movement.  Committee members discussed the amount of energy involved in movement of the liner and the testing.  Mr. Buerkle discussed this testing being done on County Highways.  Mr. Suben agreed with statements made regarding a breach in the liner and it being subject to proof.  He added that the county is vulnerable to this.  He explained that the County Attorney could handle representing the County regarding this but added that it would be extremely costly to the County.  Mr. Schrader inquired if there is a payment to the County for allowing the testing to be done.  He was told that the payment would be $2,000.  Mr. Schrader and Mr. Suben discussed the $2,000 not being enough to cover the expert testimony involved in a lawsuit if the liner were damaged.  Ms. Arnold suggested that if the County is under this pressure she recommends not allowing this testing to be done.  Mr. Schrader expressed that this could be discussed this for months and his concerns regarding the liner would still not be mitigated.  He again stated that he is still extremely concerned about damage being done to the liner.  Committee members asked Mr. Voorhees for his input regarding this.  Mr. Voorhees discussed an analysis being conducted and further discussed the potential for natural seismic movement.  He addressed his concerns regarding safety and potential for earthquakes.  Mr. Voorhees mentioned his concerns with the older of the landfills; the Townsley Landfill.  He stated that he was not certain what damages would be caused by seismic testing because Barton & Loguidice did not design that landfill.  Mr. Voorhees stated that he shares others concerns regarding the potential for damage to be done to the liners.  He added that it was mentioned that expert witnesses could be costly; he stated that the cost could likely be $2,000 per day per expert witness.  Mr. Schrader recommended, at the very least, Barton & Loguidice and the DEC both look at this before anything further is done.  Mr. Chambers explained that an analysis done by Barton & Loguidice would be costly.  Mr. Schrader recommended obtaining an estimate as to the cost of the analysis from Barton & Loguidice.  The consensus of the Highway Committee was not to move forward with Natural Gas Exploration and Seismic Testing at the Landfill.

RESOLUTIONS:

AIRPORT

1.                  Award Bid, 100 LL Aviation Gasoline Bid, Cortland County Airport, Highway Department – Mr. Ross moved adoption; seconded by Mr. Loomis.  Mr. Ross inquired if this is being awarded to the same company that we are currently using.  Mr. Buerkle stated that it is and that it is the same company we have used for ten years.  All members present voting in favor; none opposed; resolution approved.

2.                  Award Construction contract, 10 Bay T Hangar Building, Cortland County Airport, Chase Field, Highway Department – Mr. Hartnett moved adoption; seconded by Mr. Ross.  Mr. Buerkle stated that this is a result of the bidding that was conducted and previously approved.  He added that this bid came in at $1,000 less than the last building and it is below the estimated cost.  Mr. Willcox inquired as to what other costs are involved.  Mr. Buerkle stated that roughly $120,000 of the work would be completed in-house.  He added that the County’s share of the entire project is $45,000.  Ms. Tytler inquired if the structure was to be the same as last time.  Mr. Buerkle stated that it was and added that materials would be purchased locally from Essex Steel.  All members present voting in favor; none opposed; resolution approved.

HIGHWAY

3.                  Award Highway Department Bid, Tree Removal Service, Highway Department – Mr. Willcox moved adoption; seconded by Mr. Hartnett.  Mr. Willcox inquired as to why Wilson’s Tree Services was not awarded the bid.  Mr. Chambers stated that Wilson’s did not meet the bid specifications.  He further discussed that their bid did not include the use of a bucket truck but instead include the use of a crane.  Mr. Chambers discussed safety issues he is concerned about regarding the use of a crane versus the use of a bucket truck.  He stated that the use of a bucket truck is safer.  Mr. Willcox inquired if all past bidders this was awarded to used a bucket truck.  Mr. Chambers stated that they did.  Mr. Loomis inquired as to how often services per hour were used.  Mr. Chambers stated that they are rarely used.  Committee members discussed stating specifications one way and then accepting a bid differently than specified.  Mr. Suben expressed that he believed it would be prudent to avoid this.  Mr. Schrader explained that Mr. Dafoe couldn’t contract with the County for public works projects.  He went on to add that in other municipalities he would be able to bid on public works project – the states “except for counties.”  He explained that he has informed Mr. Dafoe of this.  Mr. McKee, Mr. Steger; Ms. Arnold, Mr. Hartnett and Mr. Loomis voted in favor; Mr. Ross and Mr. Willcox were opposed; resolution approved.

LANDFILL

4.                  Authorize Highway Equipment – One (1) Excavator Mounted Mulcher, Highway Department, Solid Waste – Mr. Hartnett moved adoption; seconded by Mr. Steger.  Mr. Chambers explained that this is budgeted for in the 2008 Budget.  He added that now the department uses equipment that allows them to do work on some slopes.  He added that there are some slopes that are too steep that the current equipment cannot be used.  He added that such a slope exists at the Landfill and failure to maintain these steep slopes will leave the county out of compliance with NYSDEC Landfill permit.  Mr. Willcox inquired as to how this has been handled in the past.  Mr. Chambers explained that it has not been done and there has not been a need to do it.  He added that there are compliance issues that have arisen regarding this and it needs to used at the landfill but can be used elsewhere.  Mr. Buerkle added that this is the most cost effective manner to handle this.  All members present voting in favor; none opposed; resolution approved.

DWYER PARK

5.                  Reject Highway Bid, Dwyer Park Pavilion, Second Floor Porch and Open Stair Framing Repairs, Highway Department – Mr. Ross moved adoption; seconded by Mr. Hartnett.  Mr. Buerkle explained that there was just one bid received regarding this and added that this bidder was above the estimated amount budgeted for the project.  He went on to explain that he would like to have the work completed in house.  He added the work could be done in the fall.  All members present voting in favor; none opposed; resolution approved.

DISCUSSION ITEMS:

3.         Bidding of Equipment: Moving Trailer – Mr. Chambers explained that this is on the equipment replacement schedule for next year.  He further discussed that the current trailer being used is in need of replacement.  He explained that his department reviewed the current trailer and stated that it is in need of replacement because of major structural defects.  He further explained that there is money in capital replacement funds.  He stated that this is budget neutral.  He explained that some structural defects include deterioration and rust fatigue.  He stated that this is a 1989 equipment trailer and there were plans to replace it next year but due to the structural defects it is warranted to be replaced this year.  Ms. Arnold made a motion to authorize the Highway Department to go to bid for a Moving Trailer; seconded by Mr. Ross.  All members present voting in favor; none opposed; motion approved.

4.         River Trail Project, Funding – Mr. Schrader explained that he attended a meeting with New York State Department of Transportation in regards to the River Trail Project.  He explained that the DOT cannot change the scope of project and they are not keen on eminent domain.  He added that $167,000 would need to be repaid if the project were abandoned now.  He further explained that there is a chance that the penalty fee may be waivered.  He further discussed the money originally set aside for the River Trail project could be used for another transportation project.  Mr. Schrader explained that if the funds were to be used for another project that this needs to be determined by September 1, 2008 due to the fact that Congressman Walsh would be leaving.  He explained that $1.4 million is needed to continue with the River Trail Project.  He further explained that if $1.4 million is not guaranteed prior to September 1, 2008, he recommends asking Congressman Walsh to move the funds to another project and request a waiver for the penalties involved.  He added that anything requested after September 1, 2008 could jeopardize the funds.  Mr. Schrader further discussed Thoma Development expressing that they have list of possible funding sources and added that they will not provide that information to the county unless the county contracts with them.  Mr. Schrader discussed looking for other funding sources.  Ms. Tytler inquired about the time frame.  She asked if the Highway Department could be prepared with a plan to utilize this money elsewhere by September 1, 2008.  Mr. Buerkle stated that they could be.  Mr. Loomis inquired about Thoma having identified other funding sources.  Mr. Schrader stated that he does not recommend contracting with Thoma for a list of possible funding sources.  He added that he believes that the community should step up and give assistance in obtaining the needed funding.  Mr. Willcox made a motion to accept the recommendation made by Mr. Schrader, if the additional funding has not been obtained by September 1, 2008, the Cortland County Highway Committee request the full Legislature to support a request of a waiver of the penalties incurred in regards to the River Trail Project and request Congressman Walsh to allow the funds previously reserved for the River Trail Project to be used for another transportation project in Cortland County; seconded by Mr. Hartnett.  All members present voting in favor; none opposed; motion carried.  Ms. Arnold suggested that notice be to the public regarding this.  Ms. Holly Green expressed that she is supportive of the River Trail Project and feels that it will attract tourism and is a good idea overall for the community.  She added that she hopes that every possible means will be looked at to obtain the $1.4 million needed to complete the project.  Ms. Arnold expressed that she had flooding concerns.  Ms. Tytler expressed that the Village of McGraw and the City of Cortland currently have contracts with Thomas Development and added that they may be of assistance to obtain the possible funding sources from Thoma Development.   Mr. Chambers added that the IDA might also be of assistance in regards to Thoma Development.  Ms. Angela Jackson-Wilde asked Mr. Schrader what exactly he is requesting of the community to do regarding the additional funding.  Mr. Schrader stated that he is willing to work with anyone to obtain the additional funding.  He added that he does not recommend contracting with a company to identify additional sources.  He stated that he would continue to work with State and Federal representatives regarding funding.  Mr. Schrader did state that he believes it will be tough to locate the additional $1.4 million for this project but he will continue to do so.  He further stated that he is opposed to a 7% tax increase just for this project.  Ms. Angela Jackson-Wilde inquired if the main goals of the County is to look for additional sources and not to just use the funding elsewhere.  Mr. Schrader explained that the first goal is to try to obtain additional funding sources and if those sources are not available then the plan is to look into using the funds elsewhere. 

5.         Delinquent Accounts - Landfill – Mr. Chambers stated that he would make a copy of the current report available to Committee members.  Committee members discussed writing off the delinquency of Almost Anything Trash Removal.  Mr. Schrader stated that he would contact Ric McNeilly to see what needs to be done to write this off.  Mr. Suben explained that he has spoken with another attorney in the area and they did confirm that this could become a very costly procedure to pursue in Texas. 

6.         Wind Turbines - Landfill – Mr. Schrader stated that he would like to make the Committee aware that the use of Wind Turbines is being explored in the Agriculture/Planning /Environment Committee but it also impacts this committee.  He expressed that he has requested a copy of the map for the proposed placement of wind turbines at the Landfill.  Mr. Ross explained that each tower would need 50 acres of turbulence. 

Mr. McKee, Mr. Steger and Mr. Chambers attend a conference recently in Albany.  They discussed talking with Senator Seward, Assemblyman Finch and Assemblywoman Lifton.  They explained that all the representatives were receptive to discussions regarding the New York State Tentative Budget and assisting the Highway Departments with funding.  They explained that there is a proposed cut in the tentative budget of approximately $40,000, which would affect Highway projects.  Mr. Steger commented that the revenue that comes in remains the same, while the expenses keep increasing. 

Mr. McKee adjourned the meeting at 10:31 a.m.