Highway/Solid Waste/Airport Committee
February 7, 2006 - 7:30 am
DRAFT MINUTES
Present:
Dan Tagliente, Chairman; Steve Dafoe, Vice Chairman; Merwin Armstrong,
John Daniels, Newell Willcox
Others present: Marilyn Brown, Chairman of the Legislature; Scott Schrader, County Administrator; Danny Ross, Legislator; Kay Breed, Legislator; Richard Van Donsel, County Attorney; Katrina Spicer, Secretary to County Administration; Susan Morgan, Clerk of the Legislature; Donald Chambers, Superintendent of Highways; Bob Buerkle, Deputy Superintendent of Highways; Linda Hartsock, IDA/BDC; Eric Mulvihill, WXHC; Jeremy Boylan, Cortland Standard
Absent: Tom Hartnett, John Steger
Mr. Tagliente called the meeting to order at 7:37 a.m.
Mr. Daniels moved adoption of the minutes of the January 10, 2006 meeting; seconded by Mr. Willcox. All members voting in favor; none opposed; minutes approved as printed.
RESOLUTIONS:
1.
SEQR Determination Project to Construct T-Hangar – Mr. Daniels
moved adoption; seconded by Mr. Dafoe.
Mr. Buerkle began to explain to the committee that there was not any
significant impact. Mr. VanDonsel
asked if each section of the SEQR questionnaire could be gone through with
Committee Members.
Mr. Willcox made a motion to table this item until the committee can be provided with a SEQR Questionnaire; seconded by Mr. Daniels. All members voting in favor; none opposed; motion carried.
2.
Brush Chipper Purchase – Mr. Daniels moved
adoption; seconded by Mr. Dafoe. Mr.
Chambers explained to Committee Members that he opened up the only bid he
received yesterday. This bid was
covered within the budget and was actually significantly less than it was
budgeted for. Mr. Chambers stated
that this was an open market bid and not on state bid.
He added, that he liked this model and was satisfied with it.
The committee discussed this being higher than the state bid but it was a
much better piece of equipment. The
committee members further discussed the repair and parts for this equipment.
All members voting in favor; none
opposed; resolution adopted.
Mr. Daniels made a motion to move Agenda Item No. 1 off the table for further discussion; seconded by Mr. Dafoe. All members voting in favor; none opposed; motion carried.
1.
Mr. VanDonsel read through the SEQR Questionnaire.
There were not any questions that could be answered “yes.”
The committee decided no items existed.
All members voting in favor; none
opposed; resolution adopted.
3.
Tioughnioga River Waterfront Development Project-Engineering Agreement
–
Mr. Willcox moved adoption; seconded by Mr. Armstrong. Mr. Chambers explained that last year the committee reviewed this project and it is a 2.7 mile river trail walk from Yaman Park to Albany Street in Homer. Ms. Hartsock explained to the committee the local match and the IDA pledge for the project. Ms. Hartsock distributed information regarding this project to committee members (attached hereto). Ms. Hartsock further explained to the committee the status of the project and stated that 92% of the 527 households affected by the trail have stated that they will use it on a regular basis. She added that easements for more than 80% of those needed have already been obtained. Committee members discussed the remaining easements. Ms. Hartsock added that the five school districts along the trail are implementing curriculum in relation to the trail. The committee further discussed liability of this project. Mr. VanDonsel included comments regarding the liability. Mr. Armstrong inquired about policing the trail. Ms. Hartsock stated that area police agencies have been very supportive. Mr. Tagliente asked when will the ground breaking begin? Mr. Chambers stated that it will take time to run through the state process. The committee further discussed where the trail will be running. Mr. Schrader further expressed that he does not believe liability is an issue with this project. Mr. Tagliente, Mr. Dafoe, Mr. Armstrong and Mr. Daniels voted in favor, Mr. Willcox was opposed; resolution adopted.
Information Distributed by Linda Hartsock:
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37
Church Street
Cortland,
New York 13045
756-5005
To: Don Chambers, Cortland County Highway Superintendent
Highway Committee of the Cortland County Legislature
Re: Local Match and IDA pledge for Tioughnioga River Trail
Per your request, this is to confirm the IDA’s commitment to the completion of the Tioughnioga River Trail project:
1) Cash Contribution -- $71,002.57
The IDA pledges a cash contribution of $71,002.57 to Cortland County to assist with the project. It is to be applied directly to engineering fees under the terms of the county’s contract with C&S Engineers, or other firm that the county has selected for the project. This amount represents the balance of a HUD grant for the SEQR process and related survey and engineering work, as well as a local community planning process undertaken in conjunction with the New York State Department of State. While the DOT will not consider these funds as part of the local match, the IDA agrees to allocate these funds to the county toward the engineering contract, since their purpose is trail development. The county shall invoice the IDA for this portion of the engineering work, upon its completion, and the county shall supply a cost affidavit that the funds have been spent as specified for the trail. This cost affidavit is required for documentation to HUD.
2) Local Match -- $250,000 Empire State Development CCAP Grant #T591
Empire State Development has authorized the use of NYS
Community Capital Assistance Grant #T591 to the IDA as a local match for this
project. This ESD grant was
executed by New York State on October 20, 2005 and approved by the IDA board on
November 10, 2005.
Please note that
this is not a direct cash contribution to the county. This grant will be administered by the IDA as part of the
overall project, constituting the local services.
The grant is designated for additional environmental remediation required
at the Contento site to develop it as an access point for the River Trail.
The IDA holds the development rights to this parcel, and will supervise
this component of the project, working directly with the NYSDEC, Cortland County
Environmental Health, Cortland County Soil and Water Conservation District and
the Cortland County Planning Department. The
IDA will provide cost affidavits as required to both the county and the DOT to
document expenditures associated with this component of the project.
If you have any
questions, please do not hesitate to contact the IDA.
Copy:
IDA Board
IDA Counsel, John Sidd, Esq.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Tioughnioga River Trail -- Q & A’s
What
is the status of the River Trail?
The Cortland County
IDA has just completed the SEQR environmental review phase, with IDA adopting
the Final Environmental Impact Statement (FEIS) in April 2005. The
SEQR process was nearly an 18-month project, with a comprehensive archeological
and cultural resources study conducted by a certified consultant, as well as
extensive environmental assessments by professional engineers.
A number of public hearings were held as part of the process.
The IDA served as lead agency for the coordinated review that
involved the City of Cortland, Town of Cortlandville and Village of
Homer, as well as involved and interested agencies such as the DEC, DOT,
Cortland County Soil and Water Conservation District, Cortland County Health
Department and other groups. Copies
of the SEQR scoping document, Draft Environmental Impact Study and Final
Environmental Impact Study were distributed to all municipalities, and agencies,
and sent to all public libraries in the county as part of the public review
process. The DEIS and FEIS was
given to the Legislature in April 2005.
Where
is the trail route?
SEQR was completed
for a proposed trail along the Tioughnioga River from Yaman Park in the City of
Cortland to Durkee Park in the Village of Homer. However, plans call to build the trail from Yaman Park to the
Albany Street central business district in the Village of Homer.
The main trail will be approximately three miles long and will be made of
various surfaces, including asphalt, fine stone or suitable alternates,
depending on the location and topography of the trail segment.
The trail will include public access points along the trail route.
What
is this next step?
Following the SEQR
process, the next step is a final design to be completed and submitted to
regulatory and funding agencies such as the DOT. Following the acceptance of the final design report,
easements may be acquired, and the construction process can commence.
This will all still take some time, as any projects that are funded with
federal dollars do.
How
much public involvement has there been in the process?
Many, many public
meetings have been held over the past four years, from conferences to numerous
community meetings and workshops in neighborhoods bordering the trail.
Public meetings have also been held with specialized user groups such as
hikers, canoers and kayakers, and fishing enthusiasts.
More than 800 people have attended River Trail related meetings over the
past two years, expressing support and excellent ideas.
Where there have been neighborhood concerns (such as in north Homer),
they have been solved.
Overseeing this process has been a waterfront commission co-chaired by
Congressman James Walsh and Cortland Line CEO Brian Ward.
Members of the steering committee for the past four years have been the
BDC, Cortland County Planning, Cortland County Tourism, Lime Hollow, SUNY
Cortland Department of Recreation Studies, Cortland County Soil and Water, DEC
Regional Fisheries, US Fish and Wildlife, Trout Unlimited, local school
districts, Cortland County Historical Society and other groups such as the
Central New York Rails to Trails Conservancy.
It is a project that has brought people of all ages together.
What
does the community think?
SUNY Cortland
surveyed 527 households within range of the trail, including door-to-door
interviews with 169 households adjacent to the direct trail area.
They found an overwhelming positive response.
92% said they planned to use it regularly.
(Survey results attached.)
What do property owners think? Have
they been contacted?
Each property along
the proposed trail route has already been surveyed by Lawson Engineering.
Project manager Ken Teter personally met with each owner along the trail
route, explained the project, gave them a detailed information package, and
answered questions. Each property owner signed permission forms for their
properties to be surveyed, and those SEQR surveys were completed.
All property owners also consented to allow an archeologist on their
property to dig test borings, take samplings and conduct an examination as part
of the archeological and cultural resources survey required by the New York
State Department of Parks, Recreation and Historic Preservation.
Property owners have been supportive of the project, although we are not
able to complete easement acquisition until the final design report is approved
by the DOT.
Easements for more than 80% of the properties along the proposed trail
route are already in hand. They
were acquired nearly 15 years ago by the City, and those easements continue to
be held by the City of Cortland.
Who
will hold the rest of the easements?
As noted, the City
of Cortland already holds most of the easements. The remaining easements may be held by local municipalities,
by the county if it chooses, or by a Local Development Corporation that was
established several years ago by the Cortland County IDA specifically for this
purpose. That LDC is a nonprofit
corporation, and can privately fundraise or accept donations.
What
are some other accomplishments to date?
ź
New
York State signed legislation adding the Tioughnioga River to the State’s list
of "major inland waterways," allowing municipalities along the River
to apply for funding. The
legislation will also streamline the process of obtaining State support for
waterfront development projects.
ź
The New York State Department of
Education awarded the Cortland-Homer Teacher Center a grant for teachers to
develop local curricula about the historical, cultural and environmental
importance of the River, which is the headwater of the Susquehanna
River/Chesapeake Bay system.
ź
The Village of Homer received DOS
funding to undertake rehabilitation of Durkee Park.
ź
The Village of Marathon received DOS
funding to create a picnic pavilion and boat launch adjacent to Lovell Field.
ź
A joint project with OCM BOCES created a
new gazebo for outdoor events at Yaman Park.
Many weddings and special events have occurred there, and the Cortland
Youth Bureau is using it.
·
What
about trail maintenance?
Annual river clean
ups have been held for five years as a partnership between the Cortland County
Soil and Water Conservation District, Lime Hollow Center, SUNY Cortland’s
Department of Recreation and Leisure Studies, local school districts and the
Cortland County BDC. Nearly 150
people attend these annual clean-ups, including many young people from area
colleges and schools, as well as local scout troops.
These groups have agreed to help with ongoing maintenance of the trail
through an “adopt a trail” program. Rotary
and many other groups have already approached the BDC about taking on sections
of the trail. In addition, formal
conversations with Lime Hollow are underway about a relationship that might
include both maintenance and program development.
What
about liability?
One reason that
there are trails in so many communities around the country is that 48 states
have recreational use statutes to encourage their development and protect public
and private property owners from liability. New York is one of those states, and a summary of its
recreational use statute is attached.
For
more info: www.cortlandbusiness.com
Where is funding coming
for the River Trail project?
The Cortland County BDC-IDA has secured more than $2 million in direct
federal and state funding. No county or local funding has been requested or allocated.
Sources:
$250,000
HUD Economic Development Incentive grant
This grant was made to the Cortland County IDA, and is designated for
SEQR survey work, archeological studies, environmental and SEQR engineering
work, the completion of the DEIS and FEIS, the public participation process, and
the final design report.
There is $71,
002.57 remaining from this grant, and while it is not counted toward the local
match, the IDA pledges this $71,002.57 in cash toward to Cortland County to
assist with the project. It may be
applied directly to engineering fees.
$500,000
US DOT Community Facilities Enhancement Appropriation
This grant, secured by the Cortland County IDA, is to Cortland County
for direct expenses associated with construction of the trail.
No funds have been expended to date.
$800,000
US DOT TEA 21 Enhancement Grant
This grant, secured by the Cortland County BDC-IDA, is to Cortland
County for direct expenses associated with construction of the trail.
No funds have been expended to date.
$250,000
Direct local match from the Cortland County IDA through Empire State
Development Community Capital Assistance Program (CCAP) grant #T591, executed by
New York State on October 20, 2005 and approved by the IDA board on November 10,
2005.
This grant will be administered by the IDA as part of the overall
project, and is designated for the additional environmental remediation required
at the Contento site to develop it as an access point for the trail.
The IDA hold the development rights to this parcel, and will supervise
this component of the project working directly with the NYSDEC, Cortland County
Environmental Health, Cortland County Soil and Water Conservation District and
the Cortland County Planning Department. The
IDA will provide cost affidavits as required to demonstrate expenditures
associated with this component of the project.
Please
note: The City of Cortland is
supportive of this project, and Mayor Tom Gallagher has committed to providing
in-kind services, cutting, clearing, and chipping trees for the trail. This also counts toward the local match.
Projects
completed to date:
$200,000
NYS DOT multimodal grant for Marathon Station
This grant was made to the Cortland County IDA, and was administered by
the IDA for the restoration of Marathon Station as a new “Tioughnioga Heritage
Center.” This project has been
completed and all funds have been expended.
$50,000
NYS DOS LWRP grant
This grant, to the City of Cortland, is being administered by the
Cortland County BDC, to create a 12-community Local Waterfront Revitalization
Program. The BDC provided a
matching grant (from HUD funding noted above).
The BDC has contracted with Thoma Development to work with local
communities along the West, East and Main branch of the Tioughnioga River on the
creation of a LWRP. This project
began in 2005 and will be completed in 2006.
Marathon has already successfully received a $60,000 grant from the New
York State Department of State to create a boat launch and public access point
at Lovell Field. The City of
Cortland has just submitted a grant to create a boat launch at Yaman Park.
We are currently working with the Towns of Virgil, Truxton, Preble,
Little York and Homer on projects. These
projects range from shoreline erosion, to public fishing access to boat
launches. One of the goals of the
project is to create a 65-mile “Bluewater Trail” along the river, with
multiple public fishing access points, canoe and kayak launch sites, and local
community sites along the river for picnic pavilions, etc.
The BDC and Thoma will
be working with local communities to help submit grants on their behalf to fund
the implementation of these projects in coming years.
What about
liability?
A number of attorneys have explored this issue. The trail committee has solicited technical assistance from the New York State Department of State. This issue is well addressed through the New York State Recreational Use Statute, which was introduced specifically by New York State to encourage the development of trail networks and protect both public and private landowners from liability associated with opening their property to the public for recreational use and potential tort liability.
The Legislature enacted General Obligations Law § 9-103, commonly known as the recreational use statute. Section 9-103 provides that "an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty, to keep the premises safe for entry or use by others" for a number of recreational activities "or to give warning of any hazardous condition or use of or structure or activity on such premises" to recreationists entering the property for such activities. The statute is a complete affirmative defense to claims of negligence by persons injured while recreating on the property.
The Legislature enacted the recreational use statute for the sole purpose of inducing property owners who might otherwise be disinclined for fear of liability to allow persons to enter their property to pursue certain activities. The statute offers two inducements to owners to open their land: (1) a broad grant of immunity from liability for negligence: and (2) an assurance that by giving permission to others to use the property, owners do not by that act alone accept responsibility or ensure that the premises are safe. The application of the statute does not depend on whether a landowner was actually induced by the statute to open his land or expressly consented to the recreational use of the property. The statute equally protects landowners who open their land to the public and those who seek to prevent others from using their lands by posting pursuant to Section 11-2111 of the Environmental Conservation Law.
Protected activities include recreational purposes. Over the years, the statute has been amended to include additional activities and, as a result, the class of properties protected by the statute has been expanded.
Historically, the main purpose of the statute has been to encourage property owners to open their properties to the public to pursue recreational activities, including public lands when the property is not supervised and maintained for public use and no fee is charged.
Public and private landowners have a powerful ally in the defense of claims of negligence by persons injured while recreating on their land.
|
SUNY CORTLAND RIVER
TRAIL SURVEY:
A comprehensive
community survey by a SUNY graduate class in the Department of Recreation and
Leisure Studies was completed under the direction of SUNY professors, Dr. Sharon
Todd and Dr. Lynn Anderson. The
design and implementation of the study was based on sophisticated survey
methodology and the results are detailed in a 54-page report available on-line
on the SUNY Cortland website (www.cortland.edu/rec)
or at the Cortland County BDC/IDA website (download).
The survey included
extensive telephone interviews with a random sample of hundreds of Cortland
County residents. In addition,
extensive door-to-door interviews were conducted with 169 households who lived
within a half-mile of the proposed trail. Collectively, the survey canvassed 527 households within
range of the Trail, a statistically significant sample size.
Highlights of the findings:
·
More than 38% of local
residents said they would use the trail at least once a week or more; Nearly 92%
of local residents said they would use it on a regular basis; Only 8% of local
residents said they would not use it
·
More than 64% of local
residents said they would attend special events along the trail
·
More than 53% of local
residents said they would volunteer with trail maintenance
·
The average age of
respondents was 45.8 years; 55.6% were female and 42.9% were male; The average
number of years respondents lived in Cortland County was 27.4 years; 36% of
respondents lived in Cortland more than 30 years; More than 58% of local
households had already used the Tioughnioga corridor for recreation purposes
·
The main activity of
interest to local respondents was walking (77%), followed by fishing (59%),
biking (57%); 40% of local residents also included walking, kayaking/ canoeing,
photography, nature study, jogging
·
More than 53% of local
residents would be willing to participate in a volunteer effort to maintain the
trail
·
83% of local residents
favored public grants to build the trail; 21% of local residents said they would
also support trail maintenance through local taxes
General
conclusions: The authors of the survey reported a very positive response from the vast majority of local residents and concluded that they "plan to use the trail extensively, see its benefits to themselves and their community, and want to be involved in the future of the trail." |
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4.
Authorize Agreement/Verizon Page Green Road Phase II– Mr. Daniels moved
adoption; seconded by Mr. Armstrong. Mr.
Chambers stated that this is the next phase along Page Green Road.
He continued by explaining to the committee members that some of the
Verizon utilities are on private property and will need to be moved, while
others that will need to be moved are in the right of way.
He added that this is part of making this road wider and safer.
He further added that there are a great deal of under ground utilities in
that area and that these have been budgeted for.
All members voting in favor; none
opposed; resolution adopted.
5.
Authorize Supplemental Agreement/Environmental Monitoring/Landfill –
Mr. Willcox moved adoption;
seconded by Mr. Daniels. Mr.
Chambers discussed that this is for Towslee Landfill environmental monitoring.
He added that a supplemental agreement is needed with Soil and Water
Conservation for this monitoring. All members voting in favor; none opposed; resolution adopted.
6.
Transfer Funds/Recycling – Mr. Armstrong moved adoption; seconded by
Mr. Daniels. Mr. Chambers stated that this is due to a slight overrun for what
was budgeted for the Recycling Center and it is due to the cost of $24,000 for
the relocation of the Niagara Mohawk utility pole.
He added that only one pole was moved and this pole was a main feed line.
Committee members discussed the high cost of moving only one pole.
Mr. Chambers added that originally the cost was $88,000 but it was later
reduced to $24,000. All members voting in
favor; none opposed; resolution adopted.
7.
Transfer Funds/Capitol Account – Mr. Armstrong moved adoption; seconded
by Mr. Daniels. Mr. Chambers stated
that this was to transfer money from various accounts to the in-house capitol
account and there will be no impact on the budget.
All members voting in favor; none
opposed; resolution adopted.
8.
Authorize Agreement/NYS Jennings Creek Road Bridge – Mr. Willcox moved
adoption; seconded by Mr. Daniels. Mr.
Chambers stated that this is for federal aide that is based on projects that are
in a more dire need for replacement in the County.
He further added that Federal and State funding have been obtained;
approximately 80% federal and 15% state. Mr.
Willcox asked of Mr. Schrader what impact this will have on the budget.
Mr. Schrader stated that there will be no impact on the budget because
this is part of the capitol projects and has been budgeted for.
All members voting in favor; none opposed; resolution adopted.
9.
Endorse County Airport Grant Request/Airport – Mr. Armstrong
moved adoption; seconded by Mr. Daniels.
Mr. Willcox inquired as to how much money is involved.
Mr. Buerkle explained that this is grant money requested.
He added that it will be used to provide pavement around the new T-Hangar
and the size of the T-Hangar will be increase to add two additional hangars.
Mr. Buerkle stated that this project is 90% federal and 10% local.
Mr. Schrader added that there is a pretty good chance of receiving the
funding for this. Mr. Chambers
stated that the application must be in by March 15, 2006. Mr. Armstrong inquired about the waiting
list for the T-Hangars at the airport. Mr.
Buerkle stated that there are about fourteen people on the list currently.
He added that with the new hangar and this project ten people will be
taken off that list. All members voting in
favor; none opposed; resolution adopted.
DISCUSSIONS/PRESENTATIONS:
1. City of Cortland using County Recycling Facility
– Mr. Chambers stated that last week Chairman Brown, Mr. Schrader, Mr.
Tagliente, Mr. Daniels, Mr. Parker and himself had a meeting with Mayor
Gallagher and Mr. Damiano from the City of Cortland regarding this issue.
He stated that at the meeting it was decided to look at a one-month trial
period of the City of Cortland using the facility for their recycling and during
this month they will try to work out the bugs.
Mr. Tagliente discussed the impact that this will have on the Recycling
Center and he added that the City stated they had approximately 250 tons of
recycling a year. Mr. Schrader
added that the City was unclear as to how much recycling they actually do have.
Mr. Armstrong and Mr. Daniels inquired about where the additional
labor/manpower would be needed. Mr. Chambers stated that it will be needed to sort recycling.
Mr. Tagliente informed committee members that he had visited the Tompkins
County Recycling Facility. He
discussed with the committee and informed them of the large amount of recycling
they handle there. He added that
they even handle a portion of Cortland County’s recycling.
Mr. Chambers stated that he will inform the committee about how it works
out with the City’s recycling at the next meeting.
He did state that they will not have a full month in by then and it will
take some time to have fully accurate information, but he will provide an
up-to-date status.
2. Landfill Delinquent List – Mr. Chambers distributed a Delinquent List as of 02/06/06 to committee members and he informed the committee that the list had been turned over to the County Attorney. Mr. Van Donsel stated that his office had sent out 20-day demand letters and the 20 days had not yet expired. Mr. Van Donsel stated that he would have more information at next months meeting. Committee members discussed the possibility of charging interest. They further discussed users with the potential of running up large bills having to provide some type of guarantee, such as having a payment bond. Mr. Tagliente inquired about having the municipality paying the Landfill directly. Mr. Schrader stated that it could be written into the contract. Mr. Van Donsel agreed. Mr. Schrader added that the contractor may not be in agreement and discussed reasons why. Mr. Tagliente made a motion to have Mr. Van Donsel, County Attorney, contact the municipalities and ask that they begin to write into their contracts with haulers to pay the Landfill directly; seconded by Mr. Willcox. All members voting in favor; none opposed; motion carried. Chairman Brown asked what the County’s next step would be with the large accounts. Mr. Van Donsel stated that if we did not receive a response from the 20 day demand letter the next step would be to sue.
Mr. Chambers announced to committee members that this Saturday, February 11, 2006, the Recycling Center would be open for electronic recycling. Committee members discussed this further.
Mr. Daniels made a motion to adjourn the meeting, seconded by Mr. Tagliente. The meeting adjourned at 8:35 a.m.