Multi-Services Committee MINUTES OF MEETING November 26, 2018

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1 Multi-Services Committee MINUTES OF MEETING November 26, 2018 Meeting of the Multi-Services Standing Committee of the Chemung County Legislature Minutes of a meeting of the Multi-Services Committee of the Chemung County Legislature held in the Legislative Chambers, 5th Floor, Hazlett Building, 203 Lake Street, Elmira, New York on Monday, November 26, 2018 Members and officials present: John Pastrick, David Manchester, L. Thomas Sweet, Joseph Brennan, Kenneth Miller, Cornelius Milliken III, Peggy Woodard, William Fairchild, Martin Chalk, Paul Collins, Richard Madl, Donna Draxler, Rodney Strange, Richard Keyser, Michael Mucci, Matthew Hourihan, Tina Hager, Robert Dieterle, Stephanie Fiorini, Bill Hopper, Scott Shaw, Peter Buzzetti, Samantha Potter, Mark Cicora, Andrea Fairchild, Bryan Maggs, Taylor Lance Legislators excused: Brian Hyland, Aola Jackson The meeting was called to order by the Chairman of the committee, Peggy Woodard. Motion made by William Fairchild, seconded by Martin Chalk, and Passed with a vote of 4-0, authorizing agreement with the YWCA Elmira and the Twin Tiers on behalf of the County Executive. Mr. Collins asked who oversees and administers the Community Development Block Grant for the Chemung County Well and Septic Program. Mr. Shaw stated that Arbor Housing will help to assess and evaluate the critical and eminent health threat that a failed water well and/or septic system poses for a family. The program is geared toward medium and low income families. Mr. Shaw noted that information about the program will be available at the Office for the Aging, Habitat for Humanity, The Institute for Human Services and will also be advertised in all free local publications. Motion made by William Fairchild, seconded by Kenneth Miller, and Passed with a vote of 4-0, authorizing application for and acceptance of Community Development Block Grant for the Chemung County Well and Septic Program (Arbor Housing and Development). Motion made by Martin Chalk, seconded by William Fairchild, and Passed with a vote of 4-0, calling for a Public Hearing for the purpose of considering proposed revisions to the scope and/or cost of certain improvement for the Elmira Sewer District. Motion made by William Fairchild, seconded by Kenneth Miller, and Passed with a vote of 4-0, approving Change Orders No. 1 and No. 2 for additional work for the Chemical Feed and Storage Upgrade Project on behalf of the Chemung County Sewer District No. 1.

2 Motion made by Kenneth Miller, seconded by Martin Chalk, and Passed with a vote of 4-0, extending Chemung-Tioga Counties' inter-municipal agreement on behalf of the Chemung County Transit Board. Motion made by Kenneth Miller, seconded by William Fairchild, and Passed with a vote of 4-0, extending agreement with Elcor/First Transit on behalf of the Chemung County Transit Board. Motion made by Martin Chalk, seconded by Kenneth Miller, and Passed with a vote of 4-0, extending agreement with First Transit on behalf of the Chemung County Transit Board. Motion made by Martin Chalk, seconded by Kenneth Miller, and Passed with a vote of 4-0, ratifying application for and authorizing acceptance of modernization and enhancement program grant from the New York State Department of Transportation on behalf of the Chemung County Transit Board. The meeting was adjourned on the motion by Mr. Fairchild, seconded by Mr. Miller. Motion carried.

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15 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution authorizing agreement with the YWCA Elmira and the Twin Tiers on behalf of the County Executive Resolution #: 01 Slip Type: SEQRA status State Mandated CONTRACT False Explain action needed or Position requested (justification): The YWCA will provide professional staffing and administrative support services and act as the fiscal agent for the Chemung County Human Relations Commission. Term of the Agreement: 1/1/ /31/2019 for an amoung of $20,000 Vendor/Provider YWCA Elmira and The Twin Tiers, 211 Lake Street, Elmira, NY Term 1/1/19-12/31/19 Total Amount $20,000 Prior Amount Local Share State Share Federal Share Project Budgeted? Yes Funds are in Account # CREATION: Date/Time: Department: 11/14/2018 2:33:00 PM County Executive APPROVALS: Date/Time: Approval: Department: 11/19/ :40 AM Approved Budget and Research 11/20/2018 8:43 AM Approved County Executive 11/20/2018 4:30 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: Copy of Agreement Human_Relations_Commission_Agreement_2019.pdf Cover Memo Item # 1

16 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution authorizing application for and acceptance of Community Development Block Grant for the hemung County Well and Septic Program (Arbor Housing and Development) Resolution #: 02 Slip Type: SEQRA status State Mandated GRANT False Explain action needed or Position requested (justification): Chemung County, with the assistance of Arbor Housing and Development, proposes to repair a minimum of 16 septic systems, water wells or public utility laterals for low to moderate income households in Chemung County. Total CDBG grant funds to be requested is $198,000 with no match required. This program assesses the critical and eminent health threat that a failed septic system of water well poses for a family. Unless it is quickly repaired or replaced, the home will be condemned and the family will be homeless. Arbor will also evaluate the home for other needed improvements and utilize additional funding to address other health and safety home repairs as well as referring clients to other programs or agencies as needed, providing comprehensive service to all. Vendor/Provider NYS Office of Community Renewal Term 2 years Total Amount 198,000 Prior Amount n/a Local Share 0 State Share 0 Federal Share 0 Project Budgeted? No Funds are in Account # CREATION: Date/Time: Department: 10/25/2018 4:00:52 PM Planning Department APPROVALS: Date/Time: Approval: Department: 11/2/2018 2:05 PM Approved Budget and Research 11/5/2018 1:54 PM Approved County Executive 11/19/ :26 AM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: No Attachments Available Item # 2

17 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution calling Public Hearing for the purpose of considering proposed revisions to the scope and/or cost of certain improvements for the Elmira Sewer District Resolution #: 03 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): Portion of resolution calling for a public hearing as prepared by bond counsel: "WHEREAS, the County has previously approved improvements to the Elmira Sewer District, including (i) rehabilitation of the Grace Street Pump Station and rehabilitation of Industrial Park City Yards Pump Station ($1,100,000), and (ii) planning for influent screw pump replacement ($50,000); and WHEREAS, the cost has increased by $300,000 for (i) and the purpose and cost of (ii) have been revised to reflect not only planning but also construction, at a maximum estimated cost of $1,650,000; and WHEREAS, it is now desired to call a public hearing thereon" Public hearing to be held January 7, 2019 at 6:50 p.m. CREATION: Date/Time: Department: 10/24/2018 1:12:20 PM Legislature Chairman APPROVALS: Date/Time: Approval: Department: 11/2/2018 2:03 PM Approved Budget and Research 11/5/2018 1:51 PM Approved County Executive 11/19/ :23 AM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: No Attachments Available Item # 3

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30 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution approving Change Orders No. 1 and No. 2 for additional work for the Chemical Feed and Storage Upgrade Project on behalf of Chemung County Sewer District No. 1 Resolution #: 04 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): The original agreement for the Electrical Contract with Matco Electric is for $70,350. Change Order No. 1 proposes the installation of influent flow signals to the new chemical metering pumps. This will allow the chemical to be fed based on the actual flows through the treatment plant rather than constant equivalent pacing. It is estimated that flow pacing our PAC will save approximately $10,000 per year and reduce the risk for excessive aluminum residual in our effluent. Change Order No. 2 proposes a new grounding loop system for the Sludge Dewatering building. The previous grounding system was insufficiently installed and causing periodic electrical shock and shorting. Original Contract $70,350 Change Order No. 1 $16,386 Change Order No. 2 $ 1,733 TOTAL $88,469 These items were budgeted in the Contingency line item for this Capital Project. CREATION: Date/Time: Department: 11/18/2018 1:03:25 PM County Sewer Dist. No. 1 APPROVALS: Date/Time: Approval: Department: 11/19/201810:42 AM Approved Budget and Research 11/20/20188:56 AM Approved County Executive 11/20/20184:20 PM Approved Legislature Chairman ATTACHMENTS: Item # 4

31 Name: Description: Type: CO_- _01E_PAC_Flow_Pacing.pdf Change Order No. 1 CO_- Change Order No. 2 _02E_Grounding_Replacement.pdf Backup Material Backup Material Item # 4

32 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution extending Chemung-Tioga Counties' inter-municipal agreement on behalf of the Chemung County Transit Board Resolution #: 05 Slip Type: SEQRA status State Mandated CONTRACT False Explain action needed or Position requested (justification): Chemung County Transit Board recommends that the Legislature authorize the County Executive to execute a two-year extension and amendment to the existing Chemung-Tioga Counties' Inter-municipal Agreement for the Elmira-Owego transit service for calendar years The Intermunicipal Agreement with Tioga County began in December 2014 as a way to preserve Chemung County's transit route to Wellsburg and Chemung County residents' access to the Robert Packer Hospital. The Elmira-Owego service is coordinated with the Chemung County-First Transit service contract. Previous NYSDOT funding was $55,000 per year for this service, and the County will be requesting an increase in NYSDOT funding. Tioga County agrees to make up any shortfall from the estimated budget (up to $15,000 is estimated for 2019). Ridership has been lower than estimated on this pilot route. To grow ridership, C TRAN submitted and was awarded Supportive Employment (SES) funding to provide employment service to/from Tioga Downs Casino. The proposed increased service has not been finalized at this time. Draft of the Chemung-Tioga Intermunicipal Agreement Attached. Final contract language is subject to County Attorney approval. Vendor/Provider Term Total Amount Prior Amount Local Share State Share Federal Share Project Budgeted? Yes Funds are in Account # Bus Operations CREATION: Date/Time: Department: 11/15/ :07:37 AM Transit System Item # 5

33 APPROVALS: Date/Time: Approval: Department: 11/19/201810:44 AM Approved Budget and Research 11/20/20188:53 AM Approved County Executive 11/20/20184:46 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: Item # 5

34 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution extending agreement with Elcor/First Transit on behalf of the Chemung County Transit Board Resolution #: 06 Slip Type: SEQRA status State Mandated CONTRACT False Explain action needed or Position requested (justification): Chemung County Transit Board recommends that the Legislature authorize the County Executive to execute a two-year extension and amendment of the current contract with Elcor/First Transit for adult daycare transportation service for calendar years , with all contract language subject to attorney approval. Per trip rate for adult daycare will be reimbursed at a level of $22. Elcor will continue to be able to use the CTRAN Access Chemung program at the current public rate of $15 per trip for qualifying trips. Vendor/Provider Term Total Amount Prior Amount Local Share State Share Federal Share Project Budgeted? No Funds are in Account # Funds do no flow through County budget CREATION: Date/Time: Department: 11/15/ :16:21 AM Transit System APPROVALS: Date/Time: Approval: Department: 11/19/201810:43 AM Approved Budget and Research 11/20/20188:53 AM Approved County Executive 11/20/20184:46 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: Item # 6

35 THIRD AMENDMENT TO AGREEMENT BETWEEN CHEMUNG COUNTY AND FIRST TRANSIT, INC. THIS THIRD AMENDMENT (the Amendment ) is made effective the 1 st day of January, 2019 (the Effective Date ), by and between COUNTY OF CHEMUNG, a New York municipal corporation, with its principal office at 203 Lake Street, Elmira, New York 14902, (the COUNTY ) and FIRST TRANSIT, INC., a Delaware corporation, with its national headquarters at 600 Vine Street, Suite 1400, Cincinnati, OH and local business offices for purposes of this Amendment located at 1020 Center Street, Suite 16, Horseheads, New York (the OPERATOR ). WHEREAS, the parties entered into that certain Agreement Between Chemung County and First Transit, Inc. dated November 10, 2015, and First Amendment dated January, 1, 2017, and Second Amendment dated January, 1, 2018 with exhibits attached (collectively, the Agreement ), intended and designed to promote mass transportation services and other operations performed by the OPERATOR on behalf of the COUNTY within the County of Chemung, New York; and WHEREAS, the parties desire to amend and add additional terms and conditions as further specified in this Amendment. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: A. AMENDMENT AND RESTATEMENT OF SECTION Section 1.18 Contract Period of the Agreement is deleted in its entirety and restated as follows: Section 1.18 Contract Period: With this agreement, the COUNTY has exercised the final base term of the contract and has exercised its one two (2) year option period under the same terms and conditions. This Agreement shall become effective January 1, 2016 and shall terminate on December 31, B. AMENDMENT AND RESTATEMENT OF SECTION 7. Section 7 of the Agreement is deleted in its entirety and restated as follows: 7. REVENUES AND EXPENSES: AMENDMENT AND RESTATEMENT OF SECTION 1.02B SUBSECTION 16 (pages of 66). Section 1.02 B Subsections 16 of the EXHIBIT A Request for Proposals of the Agreement is hereby deleted in its entirety and restated as follows: The Operator is entitled to all operating revenues and is responsible for all operating expenses in regard to operation of the C TRAN transit system: a. As defined herein, the term operating revenues shall mean and include (without limitation) all revenues derived from the operation of the Transit System, including but Chemung County (NY) First Transit Third Amendment to Agreement 1 Item # 7

36 not limited to all passenger fares, transportation contracts, and advertising fees, State of New York and a portion of federal monies including operating and preventive maintenance capital assistance of the annual Federal 5307 payments, as described below and agreed upon by Chemung County. For Calendar Year 2019, the COUNTY is requesting Federal Transit Administration funding (FTA) of $ 750,000 in FTA Section 5307 funding of preventive maintenance, $ 74,500 in FTA Section 5311 funding, and up to $ 401,718 in FTA Section 5307 of operating assistance. Payment of federal funds are dependent on the Operator s ability to demonstrate proof of qualifying expenses and to the extent that funds are available. b. As defined herein, the term operating expenses of the Transit System shall mean and include (without limitations) all wages and compensation of all personnel, all payroll, social security, property and all other taxes pertaining to the operation of the Transit System, all rentals, utilities, association dues, insurance premiums, cost of fuel, supplies and parts, repairs, uninsured losses, judgments, settlements, awards and all other charges, costs and expenses incident to the operation of the Transit System and the Downtown Transportation Center. The Operator shall be responsible to pay all utilities, including natural gas, electricity, water, sewer, and provide for solid waste disposal for the Downtown Transportation Center. c. Downtown Transportation Center Management Fees / Owner Costs: The Operator shall operate and maintain the Downtown Transportation Center, and assume the expenses to perform same within the operating revenues. d Revenues: First Transit has agreed to a cost estimate of $4,366,000 with the following revenues assumed: Transportation services funding for 2019 for Elcor Nursing and Rehabilitation Center s Adult Day Health Care Program is based upon an estimate of 11,000 passenger trips at the agreed upon fare of $ 22 per trip paid by Elcor and the related New York State Transportation Operating Assistance (STOA) these trips earn. There is no presumption of risk by the County if the number of estimated trips do not occur and conversely the Operator is entitled to all operating revenue collected as a result of providing trips above the estimated number of trips. Estimated Elcor revenue is $207,000. The Elmira-Owego route services funding for 2019 is based upon providing 2,800 revenue service hours at a cost of at least $68 per hour. Expected funding sources include a portion of Chemung s 5311 rural funding, an expectation of at least $55,000 from Tioga County Section 5311 funding in operating assistance transferred, STOA, and other state funding. The estimated total operating revenue is at least $195,000. Any potential revenue shortfall shall be met with additional Federal and State funds allocated by the New York State Department of Transportation and/or Tioga County. Chemung County (NY) First Transit Third Amendment to Agreement 2 Item # 7

37 The Pre-Kindergarten Special Needs Transportation funding is based upon an estimate of 10,600 passenger trips at the agreed upon rate of $ 50 per trip. There is no presumption of risk by the County if the number of estimated trips do not occur and conversely the Operator is entitled to all operating revenue collected as a result of providing trips above the estimated number of trips. Estimated County source revenue is $530,000. The Access Chemung funding will be reimbursed at the agreed upon rate of at least $ 68 per revenue hour for the service. The County will reimburse up to $60,000 in 5310 Enhanced Mobility in operating assistance for the Access Chemung service in Chemung County agrees to fund up to $ 100,000 in FTA Section 5311 Supportive Employment Service funds for service to employers DeMet s and Tioga Downs. If requested by First Transit, Chemung County agrees to fund up to $10,000 in additional federal Operating Assistance in the first quarter of 2019 to help cover costs related to the electronic fare collection system. The County agrees to continued pass through of all STOA funding, including but not limited to STOA received for ridership and miles, STOA Clean Up Bonus, and STOA early payment, including those earned by operating the Elcor, Pre- Kindergarten, Access Chemung services, and Supportive Employment Service. First Transit will assume the risk in the variations of this funding source. Estimated STOA payments are $1,261,000. The parties agree that the County will continue to pass through any and all additional funding from Federal, State or other sources that are intended for the operation of public transit services (not including funding for County assets/capital referenced in section 14) by CTRAN that were not specifically identified previously. The parties agree that annual funding revenues for 2020 and 2021 will be similar to the 2019 negotiation noted above and will meet annually to identify specific funding sources. e. In addition, for , the OPERATOR assumes an annual pass through of a payment of at least $1,167,504 from New York State Department of Health to offset funding losses in the public transit system due to the change in brokerage and operation of the NEMT system. On an annual basis, the COUNTY agrees to make up any decrease below $934,003 with federal funding up to a maximum COUNTY contribution of $200,000 per calendar year. Except as amended herein, all other terms and conditions of the Agreement shall remain in full force and effect. Chemung County (NY) First Transit Third Amendment to Agreement 3 Item # 7

38 IN WITNESS WHEREOF, this Agreement has been signed and executed in duplicate on behalf of the parties hereto by persons duly authorized on the day and year first written above. COUNTY: COUNTY OF CHEMUNG, a New York municipal corporation By: Name: Thomas J. Santulli Title: Chemung County Executive OPERATOR: FIRST TRANSIT, INC., a Delaware corporation By: Name: Title: Chemung County (NY) First Transit Third Amendment to Agreement 4 Item # 7

39 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution extending agreement with First Transit on behalf of the Chemung County Transit Board Resolution #: 07 Slip Type: SEQRA status State Mandated CONTRACT False Explain action needed or Position requested (justification): Chemung County Transit Board recommends that the Legislature authorize the County Executive to execute the Third Amendment to the contract with First Transit to amend the negotiated budget for The County awarded a four year contract for operation and management of the County transit system, C TRAN, with the agreement that funding levels would be negotiated on an annual basis. There have been some funding uncertainties. However, for calendar year 2019, the County expects to negotiate a favorable contract where the operating expenses are within the confines of the existing Federal and State annual funding. The transit contract is supported by several other sources of revenue. Approximately $530,000 in DSS funding for prek transportation (mix of County and State funds) funding meets a State requirement for local match to transit preventive maintenance. The Intermunicipal contract with Tioga County leverages additional state funding and Tioga County is at risk for any shortfall on the Elmira to Owego route with their annual contribution estimated at $10,000. A Chemung County-Elcor-First Transit contract provides additional funding for trips for Elcor residents. The draft contract amendment will be sent to the legislature once negotiations are complete. Legal departments of both entities will review and sign off before the amendment is executed. Vendor/Provider Term Total Amount Prior Amount Local Share State Share Federal Share Project Budgeted? Yes Funds are in Account # Bus Operations CREATION: Date/Time: Department: 11/14/2018 1:16:22 PM Transit System APPROVALS: Item # 7

40 Date/Time: Approval: Department: 11/19/ :54 AM Approved Budget and Research 11/20/2018 8:52 AM Approved County Executive 11/20/2018 4:46 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: Draft agreement 2019_Draft_Chemung_County_First_Transit_Third_Amendment_TH.doc Exhibit Item # 7

41 MEMO TO: Tom Santulli FROM: Tina Hager, Transit Specialist RE: NYSDOT MEP Supplemental Grant Applications DATE: November 15, 2018 Recently NYSDOT provided a competitive grant opportunity for capital funds. There was a short timeframe for submission, so the application was submitted by NYSDOT s November 5 th deadling prior to legislative approval. The Chemung County Transit Board supports Chemung County s application for $373,000 in NYSDOT multi-year Capital Funds Garage. The grant application to NYSDOT for $373,000 in renovations to the Transit Garage and Projects include roof repair, rehab of the vehicle ventilation system, and repair of the perimeter fencing. There is no local share for the projects. Chemung County was also included in a regional MEP Supplemental grant application that will seek to integrate fare collection among several counties in the Southern Tier. The application was submitted by Steuben County. Item # 8

42 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution ratifying application for and authorizing acceptance of modernization and enhancement program grant from the New York State Department of Transportation on behalf of the Chemung County Transit Board Resolution #: 08 Slip Type: SEQRA status State Mandated GRANT False Explain action needed or Position requested (justification): The Chemung County Transit Board supports Chemung County's application for (currently estimated at $350,000) in NYSDOT multi-year Capital Funds funding to rehabilitate the Transit Garage and Administration building. The Board supports giving the County Executive the authority to execute the application, sign the subsequent contract with NYSDOT for the project and authorization for him to execute contracts resulting from the award of grant funding. The Transit Garage and Administration building, located at 1201 Clemens Center Parkway, was built in 1986 and is in need of renovations. The 2018 NYSDOT MEP Supplemental grant application would help to keep the facility in a state of good repair and improve safety. Interior and exterior rehab is needed, including roof repairs, resealing and striping the parking lot, rehab of the vehicle ventilation system, rehab of the oil delivery system, HVAC improvements, and repair of the perimeter fencing. There was a short timeframe for submission, so the application was submitted by NYSDOT s November 5 th deadline prior to legislative approval. The application was submitted with no local share contributed for the upgrades. Vendor/Provider Term Total Amount Prior Amount Local Share State Share Federal Share Project Budgeted? No Funds are in Account # CREATION: Date/Time: Department: 11/9/ :03:53 AM Transit System APPROVALS: Date/Time: Approval: Department: 11/19/201810:46 AM Approved Budget and Research 11/20/20188:58 AM Approved County Executive Item # 8

43 11/20/2018 4:46 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: Cover Memo November_2018_Memo_Concerning_MEP_Supplemental_Grant.docx Cover Memo Item # 8