COURT FACILITIES AND COUNTY SPACE NEEDS COMMITTEE

MARCH 3, 2010

 

** NOT APPROVED **


Committee Members Present

D. Pullen (arrived late), D. Fanton, G. Benson, D. Cady, P. Curran, D. Russo, C. Crandall

 

Others Present

M. Alger, M. Armstrong (Bovis), M. Balling (Bovis), D. Burdick, D. Button, S. Collins, M. Healy, T. Hopkins, J. Margeson, T. Miner, T. Parker, B. Riehle, D. Roeske, T. Ross, E. Ruckle, F. Sinclair

 

            Court Facilities and County Space Needs Committee Vice Chairman Dwight Fanton called the meeting to order at 3 p.m.

 

Approval of Minutes

            The minutes of February 3, 2010, were approved following a motion made by Legislator Benson, seconded by Legislator Russo and carried.

 

Court Facilities Project, Construction Manager Update

            Bovis Lend Lease Sr. Vice President Mark Balling distributed copies of a project update (attached to original minutes).  The report included a budget review, site overview and summary of decisions and issues. 

 

Change Orders:

 

            Mr. Balling indicated that the potential change order column totaling $12,300 for Javen represents five change events:

 

            1.  Storm Piping Revisions ($1,200 credit) - relative to the manhole and piping that were deleted on the drawings.

            2.  Temporary Enclosures for Type M2 Window Infills ($5,042) - relative to where the addition hits the existing Courthouse, Bovis is haggling with the contractor over temporary protection of the windows that are not covered with plywood.  Until they are replaced, they need to be protected from damage, and this temporary solution was not clear on the drawings.

            3.  Site Utility Redesign ($10,000) - relative to test pit on existing utility elevations.  The results concluded that some of the storm and sanitary piping and manholes that LaBella designed needed to be changed in order to account for the actual conditions that were discovered.  This also impacts the schedule which is why there has not been a lot of work going on.  The test pits fell under the contractor’s scope so LaBella had to make their best guess, and this kind of thing sometimes happens when a thorough investigation is not done during the design process.  Mark Armstrong from Bovis indicated that the whole system had to be redesigned, and the total estimate was $7,000 to $12,000. 

            4.  Building Management System Separation of Courthouse from Office Building ($5,000 credit) - relative to the issue of Climate Controls Technology (CCT), the proposed vendor, and Building Controls (BCS), the County vendor.  Building Controls will remain the vendor in the County Office Building, and CCT will provide the controls for the Courthouse addition.  There should be some sort of credit coming back from Javen, and the County will issue a similar change to BCS to control the County Office Building as a stand alone which will be an added cost to BCS. 

            5.  OCA Directed Electrical Changes ($6,500) – The Court System requested some electrical changes that were not included in the bid documents.  Mr. Balling indicated that he did not have enough history to know if the Office of Court Administration should pay for the changes, and he plans to discuss this matter with LaBella to determine when the changes were requested. 

 

Safety:

            Mr. Armstrong stated that Bovis has conducted ten safety orientations through February 2010.  One written safety warning was issued because a worker was not properly anchored to a lift.  Appropriate action was taken, and they haven’t experienced any lost time. 

 

 

Work Summary:

            Mr. Armstrong indicated that the following work was completed during the month of February:

 

·         Temporary construction fencing

·         Testing of underground utilities

·         Installation of temporary window protection

·         Relocation of gas line

·         Demolition of maintenance building

·         SWPPP fencing and inspection (Storm Water Pollution Protection Plan)

·         Temporary hot water tank installed

·         Exploration of pits, inverts and locations

 

Mr. Armstrong indicated that the following work should be completed within the next 60 days:

 

·         Temporary window protection at north side of Courthouse for safety during construction of Phase Two

·         Relocation and tie-in of gas line

·         Electrical demolition of air handler and chiller

·         Temporary relocation of air handler

·         Sanitary sewer piping and structures

·         Sanitary sewer tie-ins

·         Underpinning of existing foundations

·         Storm water treatment

·         Storm water piping and structures

·         Excavation of building pad

·         Foundation excavation

·         Installation of concrete footings

·         Installation of concrete foundation walls

 

            Mr. Armstrong stated that one item not included is that the parking lot phasing will change in about a week, and he plans to send a note out indicating that the entrance to the parking lot will be closed, and they will also be fencing off additional parking spots.  Mr. Balling referred to a timetable showing the activities that Mr. Armstrong mentioned above.   Mr. Balling noted that the addition is running about a month longer than was intended because of the utility delay they have experienced, but Phase 3 will only be completed about two weeks later.  The utility redesign was huge, and now they need to get everything fabricated. 

 

Relocation of Buildings & Grounds Staff and County Historian

            Public Works Superintendent David Roeske stated that Court Facilities and County Space Needs Committee Chairman David Pullen requested him to put together a proposal for the relocation of Buildings and Grounds staff.  Mr. Roeske stated that the building that houses the County Historian is in very poor condition with rotting roof boards, and he would like to see the building torn down.  The County Historian and Museum could then be relocated to the Support Collection Unit Building. Mr. Roeske indicated that the Support Collection Building is a good sound building; however, it does have asbestos which would need to be abated at an estimated price of $60,000. 

 

            Mr. Roeske’s initial proposal included building a 100 X 40 foot building along with some parking where the current Museum is, and he distributed copies of a suggested floor plan (filed with original minutes) to committee members.  Mr. Roeske stated that after the Public Works Committee reviewed his proposal earlier this afternoon, they suggested turning the entire Museum area into parking and constructing a Buildings and Grounds structure behind the County Office Building, which Mr. Roeske thought provided a better solution.  Mr. Roeske indicated that the new building should give them about 3,000 more square feet than what they have now, and they would plan to use the extra space for storage.  Mr. Roeske stated that he does not have any cost figures at this time, and he believes they would want to use a consultant to put the numbers together.  Mr. Fanton asked if the electrical lines we ran for the contractors would also be sufficient for the Buildings and Grounds Facility, and Mr. Roeske indicated that it would.  It was noted that the building could not be constructed until the Courthouse Project has been completed.  A motion was made by Legislator Russo, seconded by Legislator Benson and carried authorizing Mr. Roeske to issue requests for proposals for this building project.  Legislator Russo asked Mr. Roeske to compare the parking spaces that could be made available using either building scenario.  Refer to Public Works Superintendent David Roeske

           

Public Works Administrative Office Building Proposal

 

Referral from Public Works Committee:  Request approval for Department of Public Works to plan and build an office building near the County Landfill.

 

            Mr. Roeske distributed copies of an aerial map of the County Landfill whereon he has drawn in a proposed DPW Administrative Office Building, Recycling Center, Highway Shop, and Truck Garage.  Mr. Roeske also distributed a copy of a suggested floor plan for the Administrative Offices.  (Both are attached to the original minutes.)  

 

            Mr. Roeske stated that it makes sense to have everything centralized.  Although the Landfill will be closing, we will still be operating a transfer station.  There has also been talk of a Recycling Center, and we need to start thinking about replacing the Friendship Shop.  They would plan to construct a 60’ X 100” or 6,000 square foot sheet metal building.  Preliminary estimates for building are $100 per square foot, and funding could come out of CHIPS money.  Legislator Healy asked if it would be possible to use methane from the landfill down the road, and Mr. Roeske indicated that they are in the process of trying to determine how much gas the landfill produces and how it can be used.  Mr. Roeske also noted that it would be freeing the space his offices currently occupy in the County Office Building.  The Recycling Coordinator is looking at available grants for a Recycling Center.  Mr. Roeske stated that he would like to move forward with this while CHIPS Funds are still available as they keep threatening to do away with that program.  A motion was made by Legislator Fanton, seconded by Legislator Russo and carried authorizing Mr. Roeske to issue requests for proposal for a design and contracting consultant.   Refer to Public Works Superintendent David Roeske

 

SEQR for Lease and Purchase of Parking Lots

            County Attorney Thomas Miner provided a brief review of what the State Environmental Quality Review (SEQR) Act entails.  SEQR requires that certain actions which may have an impact on the environment must undergo an environmental review by an appropriate agency.  Allegany County would be the lead agency on this project because there are no other agencies that would have approval authority on these leases.  Attorney Miner stated that both actions constitute “unlisted actions.”  The County Board Rules provide that the Court Facilities and County Space Needs Committee will be charged with doing the environmental review. 

 

First Baptist Church Lease:

            Attorney Miner distributed copies of the lease and Short Environmental Assessment Form for the First Baptist Church, 9 Willets Avenue, Belmont, New York.  The project entails entering into a lease between the County and the Baptist Church for use of property for purposes of vehicular parking, and it is the potential environmental impact of entering into a lease that requires the SEQR.  Attorney Miner directed Court Facilities and County Space Needs Committee Chairman David Pullen to go through the form to reach an independent review of whether there would be any significant environmental impact.  Attorney Miner explained that if the committee determines that there would be any significant environmental impact, the committee would issue a positive declaration, and there would need to be an environmental impact study conducted on that.  If the committee determines that there is no significant environmental impact to entering into this lease, the committee would issue a negative declaration, and no further environmental reviews would be necessary.  The Committee can also request that a Conditioned Negative Declaration be issued which would indicate that no significant environmental impact would be present once a certain action is taken.  Attorney Miner asserted that the law states that the committee must take a hard look at each issue, and if any committee member has issues that they want to discuss, please bring them up as we want this to be an independent determination. 

 

            Legislator Pullen read through the first page of the SEQR Short Environmental Assessment Form, noting that most of it is background information, and it has been completed by Mr. Margeson.  Legislator Pullen stated that although the parking area that the County plans to use is off of Court Street, the church’s address is 9 Willets Avenue.  Legislator Pullen indicated that the proposed action is new, but functionally the County has been using the area in excess of 15 to 20 years.  Legislator Pullen read each item under Part II – Impact Assessment, which is to be completed by the lead agency, so that committee members could respond, which was recorded as follows:  (A copy of the SEQR Short Environmental Assessment Form and supporting documentation is on file with the original minutes.)

 

Part II – Impact Assessment:

            A.  Does Action Exceed Any Type I threshold in 6 NYCRR, Part 617.4?   Committee members responded, “No.”

 

            B.  Will Action Receive Coordinated Review as Provided for Unlisted Actions in 6 NYCRR, Part 617.6?  Committee members responded, “No.”

 

            C.  Could Action Result in Any Adverse Effects Associated with the Following:

                        C1.  Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems?    The following was noted:  Some increase in parking in an existing parking lot.  Some increase in pedestrian and vehicle traffic to and from the parking lot.  Some increase in noise from additional traffic to and from parking lot.  Potential drainage issues if parking is expanded onto existing lawn of church.

                        C2.  Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources, or community or neighborhood character?  Explain briefly.  The following was noted:  Potential reduction in the green buffer (lawn) on the south side of lot along Court Street if parking is expanded onto existing lawn of church.

                        C3.  Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species?  Explain briefly.  The following was noted:  Potential loss of grasses in lawn space to gravel or pavement.

                        C4.  A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources?  Explain briefly.  Committee members responded, “No.”

                        C5.  Growth, subsequent development, or related activities likely to be induced by the proposed action?  Explain briefly.  Committee members responded, “No.”

                        C6.  Long term, short term, cumulative, or other effects not identified in C1-C5?  Explain briefly.  Committee members responded, “No.”

                        C7.  Other impacts (Including changes in use of either quality or type of energy)?  Explain briefly.  Committee members responded, “No.”

 

            D.  Will the Project Have an Impact on the Environmental Characteristics that Caused the Establishment of a Critical Environmental Area (CEA)?   Committee members responded, “No.”

 

E.  Is There, or is There Likely to Be, a Controversy Related to Potential Adverse Environmental Impacts?  Committee members responded, “No.”

 

Part III – Determination of Significance:

            Legislator Pullen read the instructions relative to the determination.  County Attorney Miner reminded committee members that each effect should be assessed in connection with its: (A) setting (urban or rural); (B) probability of occurring; (C) duration; (D) irreversibility; (E) geographic scope; and (F) magnitude. 

 

            Legislator Sinclair stated that the fact that the increase in traffic will occur during normal working day hours, it’s a parking lot now, and there will not be a lot of increased parking at night could be included in the rationale of no impact.  Attorney Miner also commented that the lease itself limits our use of the lot to 7:30 a.m. to 5:30 p.m. Monday through Friday. 

 

            Shari Collins asked about the County’s liability if there is an accident.  Legislator Pullen stated that we will be required to provide insurance certificates, and the liability would be the same as any other parking lot the County uses. 

 

            It was noted that the term of the lease is for two years with an option to renew with the same terms for an additional two years.  The lease also provides an option that the County will have the first right to purchase the property if the church decides to sell it.

 

            Committee members agreed that the bottom box on the Environmental Assessment Form should be checked which indicated that they determined, based on the information and analysis and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts.  A motion was made by Legislator Fanton, seconded by Legislator Benson and carried directing Legislator Pullen in his capacity as Chairman of the Court Facilities and County Space Needs Committee to check the appropriate box and sign the form.  Attorney Miner stated that a resolution designating the County as lead agency or approving the SEQR would not be required.  Refer to County Attorney to Prepare Negative Declaration Indicating Committee’s Determination

 

            Legislator Pullen stated that the Ways & Means Committee must approve the financial side of the lease, and then approval of the lease and any necessary financial arrangements will be forwarded to the full Board.   Refer to Ways & Means Committee

 

IDA Lease/Purchase:

            County Attorney Miner distributed copies of the Short Environmental Assessment Form relative to the lease/purchase of a parking lot located at the northern corner of the intersection of South Street and Maple Avenue in the Village of Belmont.  The lot is owned by the Allegany County Industrial Development Agency, and the County plans to lease/purchase it for vehicular parking. 

 

            The same detailed instructions were provided for the review of this SEQR Short Environmental Assessment Form as were for the prior review.  Committee members reviewed Part I – Project Information completed by Mr. Margeson.  Legislator Pullen individually read each item Under Part II – Impact Assessment, and committee members responded that A, B, C, D and E should all be answered “No” with the following notations:  C1 – Resumption of parking in an unused existing parking lot with an increase in pedestrian and vehicle traffic to and from the parking lot.  Some increase in noise from additional traffic to and from parking lot.  C2 – By using an existing parking lot which has not been used for several years, the quiet residential character of the neighborhood will be changed somewhat.

 

            Legislator Daniel Russo commented that he was reluctant about this lot due to the distance from the County Building; however, Legislator Frederick Sinclair had some ideas that changed his mind.  Legislator Sinclair stated that there has been some discussion regarding arranging a shuttle route in the morning and afternoon providing a window for work arrival and departure.  Legislator Sinclair also indicated that there are some perspectives being developed for human resource agencies to use the school so it makes perfect sense for the County to purchase the parking lot to support activities in the community.  Relative to the environmental assessment, Legislator Sinclair stated that there is a traffic light on the corner by the parking lot that could be reactivated if it became necessary down the road.

 

            Legislator Pullen read the instructions relative to Part III – Determination of Significance, and asked if any committee members had concerns noting that each effect should be assessed in connection with its: (A) setting (urban or rural); (B) probability of occurring; (C) duration; (D) irreversibility; (E) geographic scope; and (F) magnitude.  Committee members agreed that the bottom box on the Environmental Assessment Form should be checked which indicated that they determined, based on the information and analysis and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts.  A motion was made by Legislator Curran, seconded by Legislator Russo and carried directing Legislator Pullen in his capacity as Chairman of the Court Facilities and County Space Needs Committee to check the appropriate box and sign the form.  Refer to County Attorney to Prepare Negative Declaration Indicating Committee’s Determination

 

            Legislator Pullen stated that the Ways & Means Committee must approve the financial side of the purchase/lease, and then approval of the lease and any necessary financial arrangements will be forwarded to the full Board.   Refer to Ways & Means Committee

 

County Space Needs

            The Buildings and Grounds staff relocated to the old Jail prior to their building being demolished, and Mr. Roeske indicated that they will need to occupy this space until a new facility can be constructed.  The voting machines are also stored in the former Jail as well as storage from some other departments.  Legislator Fanton stated that the Chairman looked into the possibility of Ag Tech students doing some interior work.  Chairman Crandall stated that he believes the Space Needs Study should be updated prior to any decisions being made. 

 

            Chairman Crandall stated that we had proposals for use of the jail space going back to when we first started discussing the Court Project.  A space study was done, and that needs to be done again if we are going to be looking at where different departments need to go.  LaBella has put together a proposal and Mr. Margeson will talk about that.

 

            Mr. Margeson distributed copies of a proposal that LaBella Associates submitted for Design Services to investigate the most appropriate and efficient options for space distribution within the County Office Building for a cost not to exceed $7,000.  Chairman Crandall stated that the proposal includes providing the County with a few options before a final plan is developed.  Legislator Pullen stated that he believes we need to have the study done, and it would cost us more if we went to a firm that was not as familiar with our needs.  Legislator Pullen noted that competitive bidding is not required for professional services.  Legislator Cady stated he believes that we should wait until the Court Project has been completed, and he suggested tabling the matter.  Legislator Curran suggested that we should ask the departments what their needs are.  Legislator Fanton commented that LaBella has already done a lot of the initial work.  Chairman Crandall stated that this is important for more than just for the jail space.  A lot of time and money was spent to put the needs of departments together which included necessary adjacencies.  We need to have a professional update of scenarios given the changes that have taken place since the last study was done.  Legislator Pullen stated that he does not want to spend unnecessary funds, but the bids came in favorably on the Courthouse Project, the economy has not improved appreciably, and when stimulus money is gone, we may miss an opportunity to get good contractor prices.  A motion was made by Legislator Cady, seconded by Legislator Curran to table the matter. Chairman Crandall stated that we still need to have some professional help to line us up to make the right decisions.  Legislator Curran suggested reviewing old records and reviewing what has been done before we spend more money.   The motion to table was defeated on a roll call vote (Voting Yes:  Cady, Curran, Russo.  Voting No:  Benson, Crandall, Fanton, Pullen).  A motion was then made by Legislator Benson, seconded by Legislator Fanton and carried to approve the LaBella proposal and send it to Ways & Means to identify the funding source not to exceed $7,000.  The following roll call vote was taken (Voting Yes:  Benson, Cady, Crandall, Fanton, Pullen, Russo.  Voting No:  Curran).   Refer to Ways & Means Committee

 

Next Meeting

            The next meeting will be Wednesday, April 7, 2010, at 3 p.m.

 

Adjournment

            The meeting was adjourned at approximately 4:45 p.m. following a motion made by Legislator Fanton, seconded by Legislator Curran and carried.

 

 

Respectfully submitted:

 

Brenda Rigby Riehle, Clerk of the Board

Allegany County Board of Legislators