[0:00] Is there a second? >> Second.

[0:02] » Thank you very much. All in favor? >> I opposed. Carried.

[0:07] Uh, is there anyone here to speak to the committee on the privilege of the floor?

[0:13] This would be the time to come forward. Speak to the committee. I'm not seeing

[0:18] or hearing anyone for the privilege of the floor. So, we will close the

[0:21] privilege of the floor. We have three items. A fairly uh light agenda this

[0:27] week uh or this month. Uh three items are on the agenda. The first one is a

[0:31] discussion item only information only such as my understanding we are not de

[0:35] voting on this one as it's not a proposed resolution. It is local law

[0:39] intro 1226. So if if there's anybody here to speak on it that uh want to come

[0:45] down or if they have a microphone in front of them and want to stay there

[0:47] that's that's fine as well. Uh it's a local law requiring operators of motor

[0:51] vehicles to maintain a safe distance to three feet when overtaking

[0:55] non-motorists. And I see that this is um this is being sponsored by legislator

[1:00] Nelson. >> Yeah. Thank you, Mr. Chairman. Um yeah,

[1:04] I guess this started back in April. Uh I'm in a a cycling group that's well

[1:11] represented by the county sheriff's department. Uh it's led by Tim Kimberg

[1:15] and Tim Hollerin and uh John Heden is a member. My brother Bill Nelson is a

[1:21] member. So, we've got a lot of the, you know, the sheriff's department well

[1:27] represented. Um, we are out there usually on a Tuesday night riding about

[1:32] 20 miles and you may have seen us. Um, you really can't miss us because we all

[1:37] have reflectors and lights and bright green shirts and helmets and and uh

[1:43] anyway, in talking to Tim Kimberg and Tim Hollerin, they mentioned a

[1:47] three-foot law. This was back in April. And um I did a little research on it and

[1:53] then I have talked to Sheriff Quatron about it and you know what I found out

[1:58] is that in in New York state the law requires a motorist to exercise do care

[2:06] uh and pass a bicyclist at a safe distance. The problem is is what is a

[2:11] safe distance? And that can mean different things to different people.

[2:15] Um, if you're out there cycling like I am, you find some people pass you and

[2:22] you feel like your elbow just went out a little bit, you bump them and some

[2:25] people are, you know, give you plenty of room. So, um, what I think this does is

[2:32] it establishes a three-foot minimum which provides drivers with a simple,

[2:39] uh, you know, understandable distance that they should

[2:45] used when passing. Um it's uh it's something that it's already a law in 33

[2:52] other states and the District of Columbia

[2:55] in within New York State. Um it's been passed in Monroe, Suffalkk, and

[3:01] Courtland counties. Our law is very similar to Courtland counties.

[3:06] um in Monroe County it was passed and it was called Car's Carrie Ray's law

[3:13] because Caryn Ray was a 46-year-old uh

[3:18] elementary school teacher from Brockport um who was killed while riding her bike

[3:26] um on a road uh the Sweden Walker road in Brockport. um and you know a a a

[3:34] mother and wife and really a beloved member of the community and so her

[3:38] husband fought hard to to get that passed. Um

[3:44] and when I you know and that's the law has that

[3:49] name. It's called Car's Law and I was thinking

[3:52] I'm glad we don't have to name it after anyone.

[3:55] » Uh and then a month ago we had our own fatality here uh in Chiakwa County. So,

[4:01] I think it's a law that is I hope it makes a difference, you know. Um, I

[4:07] think it's something that we need to do at the county level. Uh,

[4:12] it's something that I think will give motorists at least the education piece.

[4:16] give them the the idea that we need to move over and give cyclists or

[4:22] pedestrian or somebody if you notice the law includes

[4:26] » uh maybe some money on on horseback, someone horse and buggy, police officer,

[4:31] emergency vehicles. >> Um give them some space.

[4:36] Um I think it's you know an important thing we can do to make make it a little

[4:41] safer out there for for cyclists. Uh I you know like I said it was something

[4:48] that I won't take credit for it. It was really initiated by uh Tim Kimberg and

[4:53] Tim Hollerin who you know mentioned it to me and uh I thought we should really

[5:02] look into this and um I think it'll make a difference. Uh I think it's something

[5:08] that uh you know would make the county a little bit safer.

[5:13] Do you have any questions?

[5:18] Be happy to >> Yeah, thank you for that uh description.

[5:23] I had four questions marked down and you answered three of them and um so that

[5:28] was a a good description. The big thing I was looking for, [clears throat]

[5:31] » excuse me, which you you answered. Uh but give me that number again. Um so

[5:36] this is a only a county thing in New York State.

[5:38] » Only in county. Yeah. The it hasn't it's been introduced in the Senate and

[5:42] Assembly. it hasn't passed through um you know for through the state

[5:46] government. It's a good question as to why it hasn't. I think you know the

[5:51] state is you know it's vastly different from our county to

[5:55] » Mhm. >> Yeah.

[5:55] » you know uh to New York City. I can see where in New York City may not fit. So

[6:01] it might be something that uh makes more sense to go county by county. Um, I

[6:06] think in our county, if you're, you know, again, uh, there's a number of

[6:11] groups that are out riding, uh, we're kind of an offshoot of a group that used

[6:18] to meet at Holly Loft. >> There were, uh, there was an A, B, and a

[6:22] C group. We call ourselves the C minus. Um, we're not that fast. Uh, but, you

[6:29] know, we have on any given night, we could have 25 to 30 people in our group.

[6:34] So, there's a lot of us um and mostly an older group. Um and I think, you know,

[6:41] it would hopefully with the word we get out there, it would make things a little

[6:45] bit safer for anybody out there on the road.

[6:48] » And Tom Tom, did you know did you did did you list how many counties in New

[6:53] York State have similar rules? >> Just three. Just

[6:57] » Okay. The ones you the ones you specifically named. Okay.

[6:59] » Those are the only three right now. >> All right.

[7:03] Um, the penalties are listed there. So, I I read that. Was there any discussion

[7:10] with your sheriff contacts on I'm just curious on the enforcement? Uh, because

[7:16] there's somewhat of a Yeah, >> I guess it it's not subjective, but it

[7:20] is in the event of, oh, hey, I was within three feet or I was way past it.

[7:24] I, you know, arguments that would stem out of that.

[7:26] » Yeah. I Well, it's possible. I think you know

[7:31] in the case of um Carrie Ray from Monroe County, the driver in that in that case

[7:38] uh was issued a traffic citation. Um in the case of the the county woman

[7:45] was this 78-y old woman who was just killed

[7:48] » a month ago, >> the same thing happened.

[7:51] » It was just the only thing they could do was

[7:54] » issue a citation. Um,

[7:58] this would help, I think, in maybe an an accident in investigation.

[8:03] » Um, obviously if an officer observes this, he can

[8:06] » sure >> could pull them over.

[8:08] » Um, you know, to me, it's kind of like a law that says, uh, no smoking or tobacco

[8:14] products at a town park. You know, you hope people honor that. I hope that this

[8:19] kind of becomes something that they talk about in driver ed.

[8:22] » Um that people begin to think, okay, >> you know, the bicycles aren't going away

[8:29] and I I see all of the other problems with

[8:33] » ebikes and, you know, scooters and >> and I think the state's going to have to

[8:38] tackle that at some point. Yeah. >> Um

[8:40] » but this is simply more of an educational thing. They give them a

[8:45] little bit of room. If you can't, you really have to slow down and pass

[8:49] » when it's safe. >> Yeah. Right. Right.

[8:51] » Yeah. Just wait. I saw that. >> Mhm.

[8:53] » Other questions or comments? >> I don't want to dominate anything there

[8:58] at all. >> I see.

[9:00] » You are uh also presenting to public safety. Okay.

[9:05] » Yeah. I was going to stay for administrative services if anybody

[9:08] wanted to ask a question about that. >> Um and then

[9:12] » yeah, >> on Wednesday I'll

[9:14] » Gotcha. um be available to the other committees if they're

[9:18] » I want to ask any questions. >> Anybody have anything else? I we're not

[9:23] doing anything with other information. So I appreciate that. Yep.

[9:26] » Sure. Good work there. So all right. Thank you very much for that, Tom.

[9:34] We will move on to I'll leave that there. We'll move on to

[9:40] number two of our proposed resolution authorizing New York State Department of

[9:43] Transportation undertakings. Is there anybody here for that?

[9:57] » Oh, okay. Okay. >> Okay.

[10:05] » Oh, okay. All right. That's all right. Thank you.

[10:11] Good. >> Good afternoon. Tim Carr, director of

[10:13] public facilities. Uh the resolution before you is um Department of Public

[10:17] Utilities. From time to time, um we conduct activities within the state

[10:21] right away and they're looking for permits um from the county or to the

[10:26] state from the county and this just is a resolution to um support that. Um we

[10:32] have that on file. Um, this is just a resolution that they're requesting at

[10:36] this time for anytime we do work in the state right away.

[10:39] » Is it more for insurance purposes? >> Yeah, I say there's no monetary, it

[10:42] says. So, >> yeah, there's no dollar amount.

[10:45] » No dollars changing hands or anything like that at all. Is it So, this isn't

[10:48] annual. This is as needed. >> Um, this this is annual, correct?

[10:52] » This is annual. Okay. Okay. All right. Very good. Questions, comments on the

[10:56] simple proposed resolution? >> Mr. Chairman? Yes. Uh Tim, the sewer

[11:04] districts just enacted a one of these undertakings, the county sewer

[11:08] districts. So is this required for the the county DPF separately from the sewer

[11:15] districts or could they have been done together?

[11:16] » They probably could have been done together. Drew did mention that the

[11:19] other day um that the sewer district did also do it. I understand.

[11:22] » Yes, they did. >> Yeah.

[11:25] » Okay. So maybe going forward we could >> have one policy.

[11:27] » Yep. Okay. Thank you. >> Thank you.

[11:31] Thank you, Mr. Chairman. Anyone else? Anything else? All right. All those in

[11:37] favor of the proposed resolution, please signify by saying I.

[11:40] » I. >> Any opposed?

[11:42] Carried. Thank you very much. Thank you. Appreciate that.

[11:47] All right. And then number three on our agenda agenda is the author to authorize

[11:52] execution of lease agreement with the town of Shiitaka for the office space

[11:56] for the stock county public defender family court division and on our tables

[12:04] as of almost immediately is a um uh substitution. So we can talk about this

[12:12] then we will be looking to uh amend by substitution and then to the one that is

[12:19] on our desk. Good afternoon gentlemen. >> Good afternoon. Sam Zutoto, deputy

[12:23] director of finance. >> Josh Rothwell, assistant deputy director

[12:27] of public facilities building. [snorts] >> Ned Baron, uh public defender.

[12:33] » Thank you for being here. Alrighty. What do we have here in front

[12:38] of us? the amendment by substitution.

[12:42] » Yes. Let's let's uh you know what? Let's um let's make a uh I'll entertain a

[12:48] motion to amend by substitution that which was left on our desks here.

[12:52] » I'll make a motion to uh amend to the copy laid on our desks.

[12:57] » Thank you, Dalton. Is there a second? >> Second.

[13:00] » Thank you very much. All in favor? >> Opposed? Carried. So the answer to that

[13:05] question is yes. >> So

[13:06] » all right. So yes, this actually originally was going to be three

[13:09] separate resolutions for one project up at the town of Shiakwa for office space.

[13:14] It made more sense given there was a local share component that isn't part of

[13:18] the grant funding through the probation and public defenders offices to put this

[13:21] all together. It was one resolution to bring it forward all together. So it was

[13:25] more concise. So that is kind of why we're substituting at this point. Um as

[13:29] I mentioned, this is a buildout cost and 10ear leases up at the town of Shiakwa

[13:34] for those two departments. and then um most of it is kind of grant funded and I

[13:39] will kind of let Josh give you the background of why we're here and then we

[13:42] can answer any questions. >> So [clears throat]

[13:45] um back in let me get my notes pulled up here.

[13:50] Um July 10th of 2024, um the town of Shitakqua terminated

[13:58] their lease with another entity that actually had a 99-year lease agreement

[14:04] with that that other company for that what the town calls the C-wing. Some

[14:10] refer to as the third wing, but we reference the C-wing. Um during during

[14:15] that time, this other um company leased that space under that 99-year agreement.

[14:22] The two departments in which this resolution uh talks about had leases

[14:27] there already. They leased from that other um company. So these aren't

[14:33] technically they're new leases because the square foots and the numbers have

[14:36] changed and now the lease will be through the town of Shiakqua versus the

[14:40] other company. But what happened was on um

[14:46] January 25th of 24, the uh current owner at that time before the town was able to

[14:54] take the lease back over um essentially failed to maintain the roof and the roof

[14:59] leaked significantly. It [clears throat] was full of snow and water and it got a

[15:02] warm spell and it dumped a bunch of water and snow and flooded out the whole

[15:07] entire hallway into which the probation department in the public defenders

[15:11] department currently already rented from them.

[15:14] » Um, there was some internal things going on within that company. I don't really

[15:18] know for sure what their dealings were or what have you, but they ended up

[15:23] selling the wing back to the town. So the space was not able to be occupied by

[15:30] us. So we terminated our leases with with that other company and the town um

[15:37] eventually took the space back over under their own agreement. They got it

[15:40] back out of that 99-year lease lock that the other company had it in.

[15:44] » So now >> that all had to be remodeled. They had

[15:48] to have a new roof. Had to have new insulation. They had to do um abatement.

[15:52] um they had to do mold mold treatment when the water got in there and then it

[15:56] sat from the time that the attorneys were able to get the possession of the

[16:00] wing back over to the town. So quite a bit of time had had gone by and the town

[16:05] has been great this whole time to work with. I'll add they let us store all our

[16:09] stuff across the hall, all our office furniture and equipment, desks, chairs,

[16:14] etc. So all that stuff's currently just across the hall. Um the the

[16:18] [clears throat] probation department within this resolution actually theirs

[16:22] is just an amendment to their lease because their lease is actually good

[16:26] with the town. >> So there is going to be an amend. That's

[16:30] why we wanted to do it on one because there's literally three steps to this

[16:33] but they all coincide. So there's an amendment which just changes the square

[16:38] foot numbers and the costs. Um at the time we we had been meeting

[16:44] um the town was very adamant and in a hurry to get the space fixed. They did

[16:48] the windows, the roofs, uh handicap entrance, a bunch of stuff. They asked

[16:53] the county if we were to get back into a lease with them with with legislative

[16:58] and county executive approval how we would like to see the space built out.

[17:02] So we met um public defenders office, probation department. We met with them.

[17:07] They put it out to bid. They're having that work done whether or not we lease

[17:11] the space or not because they have other tenants that are interested in renting

[17:14] from them. So, the project is currently going on. The construction project is

[17:19] currently going on. Um they're I I would hope within a month of being completed.

[17:25] Um the reason we're we're at this point in bringing it to to the legislature is

[17:30] because there's still some unknowns that we still don't know about as that third

[17:35] part of this is the um amendment to the buildings and grounds budget of some use

[17:40] of the general fund. So when we had these early discussions with them in

[17:45] negotiating, they were very generous at $10 a square foot, which is cheap rent

[17:51] as the county has, you know, ties to the building as well being taxpayer owned

[17:55] building and whatever. And um we we only agreed to pay up to a certain amount of

[18:01] money, which was that $600,000. And with the grants that um Ned's office

[18:07] was able to obtain and Mr. Taylor's offices were able to obtain were about

[18:12] that 125 and change short. So that's 96 square feet. So instead of doing a

[18:18] separate lease agreement for just one office, they're just doing a a contract

[18:24] with the probation department to use that in office as needed. So that's why

[18:28] we wanted to change this and make it into one thing because it's really

[18:31] » it's really one one thing. So, um, and I can't speak, I guess, as much to the,

[18:38] um, the grant funding and how how they came up with that and those numbers and

[18:42] stuff that Sam and the departments can can talk to that.

[18:47] » Well, that Okay, so thank you. Thank you for that, Josh. So, that uh, summary

[18:51] questions, comments on that on the summary of what we're we're doing here

[18:57] and that was pretty good detail. Um, you mentioned the town's been good to work

[19:02] with, which I didn't suspect otherwise. Um,

[19:07] uh, questions. Yeah, let me cut it off there. Questions, comments on any of

[19:10] that. >> I have one. You said the company that

[19:13] leased was responsible for the building at the time they leased it.

[19:16] » Just that wing. >> That wing.

[19:18] » Yeah. Or the town gave them the option. Or you can get out of your 99-year lease

[19:22] and sign it back over to us and we'll take back control of it. And that's

[19:26] happening. >> Now the town's going to take care of the

[19:28] building. Yes, absolutely. They have their own maintenance guy up there and

[19:32] also um within this lease agreement, they also agreed to supply the cleaning

[19:37] too um in lie because we're essentially paying for the hallway buildout which

[19:43] isn't included in the square footage of rent. But instead of trying to break the

[19:47] cost of the hallways, you know, getting the drywall put up and the painting and

[19:51] the flooring and the doors that they put in, instead of trying to figure out what

[19:56] exactly that cost, they just said we'll provide the cleaning for 10 years, which

[20:00] in my opinion that outweighs what hanging 20 sheets of drywall and

[20:04] painting would cost. So, um, yeah, they're they have their own maintenance

[20:09] staff. We currently do rent space up there. The county does up above on the

[20:13] second floor. for mental health um rents a bunch of space up there and uh there

[20:17] there's there's not ever any issues with any maintenance up there.

[20:22] » The reason I asked is our South County buildings going from a private owner to

[20:26] another private owner, you know, here we got somebody to trust

[20:31] the town behind us. So, it's kind of nice to know that somebody we can trust,

[20:35] not just one. Thank you. >> Yep. Thank you.

[20:42] Um you had mentioned um Josh about uh or perhaps Miss Marone

[20:50] discussing the grant portion thereof. >> Yeah, we had some different awards from

[20:55] both departments. Um the probation department had some pre-trial award

[20:59] which had a included in that award was a budget for the build out of this. We

[21:03] actually amended the probation budget earlier this year for the pre-trial

[21:06] award that was included in that amendment earlier this year. And the

[21:10] probation or the public defenders office all had some aid to defense funding also

[21:14] that's been approved for for this purpose in this dollar amount to go

[21:18] forward towards this project. And these funds are something that the county has

[21:21] in our possession in a deferred account waiting for approval on this resolution

[21:25] also. So this isn't something we have to seek reimbursement for. The funds are in

[21:28] our possession at this time. >> All right. Yeah, good information.

[21:32] Appreciate that. Anything else? Any other questions, comments on the

[21:37] proposed resolution or the puzzle pieces that they are putting together?

[21:42] » $10 a square foot, you said. >> Correct.

[21:47] » Again, that's just a good working relationship with the town and the

[21:50] county. You know, it's >> definitely well below going rate for

[21:54] square footage costs. Plus, they're doing the utilities, the water, the

[21:58] heat, electric, all the utilities, the maintenance and the cleaning.

[22:02] » It's less than what uh our PE office pays for our Jamestown space in city

[22:10] hall. >> It's you know how much that is square

[22:13] foot? >> Um I don't offhand. Um

[22:19] » 15 that sounds >> I think it was approximately $15 a

[22:24] square. probably close to. Yeah. >> And that I don't think included

[22:30] maintenance or cleaning. >> Yeah.

[22:33] » Yeah. We we have to pay for cleaning separately as well. So yeah, so that we

[22:39] thought it was a really good rate what the um Sam and Josh were able to obtain

[22:45] and that's why we let them handle it because they're the experts at that with

[22:51] with especially that building. Sure. Okay. Very good.

[22:57] » Anything else? All right, Mr.

[22:59] » Chairman. Yes. Sam, just to clarify, um >> the appropriation accounts, the $324,420

[23:09] » is the total for 10 years. >> That is the buildout cost for the

[23:14] additional buildout. We'll be budgeting in the rent as it goes forward. That's

[23:17] the buildout piece that they're paying at this to get the $10 a square foot. Um

[23:21] and then the $150 was already amended into the probation budget earlier this

[23:26] year. Then the balance is the local share.

[23:28] » Okay. So then the $125580 that's that's a onetime expense.

[23:33] » Onetime expense to the county for our basically our share that's not

[23:36] reimburseable or grant funded through New York State for the buildout cost of

[23:40] that. >> Just wanted to be clear on that. It's

[23:42] kind of you know the 324 although it's a one-time cost. It's covering 10 years

[23:47] » and the 125 is Yeah. It's technically covering 10 years, but it's a it's a

[23:52] onetime cost. It's a true onetime cost. >> So, it won't be spread out over 10

[23:56] years. It'll be >> we expect once the final cost from the

[23:59] town to come in that the public defender will pay their 324,000.

[24:03] Um the probation department is already ready to pay the 150,000 and then

[24:07] whatever that final cost, whether it goes up to the 600 or not, we would

[24:10] probably either pay that on one invoice altogether.

[24:13] » Um but that that's why we're amending it now. So, we we'll be ready to do it when

[24:17] you know basically ready to move forward. Also, I'd like to clear up too,

[24:20] that's a not to exceed number. >> So, okay,

[24:23] » the the probation department did elect to not do some of the work that they

[24:27] were included in that total cost. So, they may come back and say it's only

[24:31] 80,000 when once it's complete, but we wanted to get it to you guys for

[24:36] approval before we go getting the cart in front of the horse. So, um obviously

[24:41] we know we need your approval to do that. So, um just wanted to get

[24:45] everything. >> Yeah. Okay. Thank you for that

[24:47] clarification. Anything else? All right. Um uh all those in favor of

[24:54] the proposed resolution, please signify by saying I.

[24:57] » I. I. >> Opposed. Carried. Great gentlemen. Thank

[25:00] you very much. We appreciate that. >> Thanks, Adam. Thank you, Josh.

[25:09] » And I don't have anything else on my agenda. Does any of the committee

[25:15] members have anything else? All right. If not, [snorts] we will entertain a

[25:19] motion to adjurnn. >> I'll make a motion to adjurnn.

[25:24] » Thank you, Dalton. Is there a second? >> Second.

[25:26] » All in favor? >> Opposed? Carried. We are

[25:28] » adjourned. Let's

Public Facilities Committee Meeting 08/17/26

Transcript