Called to Order

 Mr. Penniman called the meeting to order at 5:05 p.m.

RESOLUTION  NO. 149 - AMENDMENT TO THE 2003-2007 CAPITAL PROGRAM AND  CONTRACT AMENDMENT - PUBLIC SAFETY BUILDING  RENOVATION

 MOVED by Mrs. Schuler, seconded by Mr. Booth.  It was noted the first phase of the project will be for conceptual design; the second will be the architectural phase.  A voice vote resulted as follows:  Ayes - 4, Noes - 0, Excused - 1 (Koplinka-Loehr).  MOTION CARRIED.

WHEREAS, the County of Tompkins has an approved Capital Project in the 2003-2007 Capital Program in the amount of $5 million for renovation and improvements to the Public Safety Building, and
WHEREAS, no funds were appropriated in the 2003-2007 Capital Program for the Public Safety Building renovation project, and
WHEREAS, residual funds from appropriations in the 2000-2004 and 2001-2005 Capital Programs enabled the Legislature by Resolution No. 86 of 2003 to authorize a contract in the amount of $90,000 with Jacobs Facilities, Inc., for conceptual design services for this project which services are now underway, and
 WHEREAS, the County wishes to accelerate the progress of this project in order to be in a better position to address space and general building needs in a timely fashion and to meet the requirements of the New York State Commission on Corrections, and
WHEREAS, Jacobs Facilities, Inc., has provided a Scope of Work for services including the development of Preliminary through Schematic design that will result in plans for phased improvements to the building to address deficiencies as well as provide additional capacity in the jail, as may be necessary in the next 20-30 years, and
WHEREAS, the cost of these services is $228,000, and
WHEREAS, Jacobs Facilities, Inc., also outlined a fee schedule for development of a final design, development of bid documents, and release and award of bid for the first phase of building improvements at such time as the County makes a determination of what that phase should include, and
WHEREAS, the cost of completing this additional work is estimated to be approximately $572,000, resulting in a total of $800,000, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the 2003-2007 Capital Program be amended to provide funding in the 2003 budget for planning and design services and to provide the flexibility to accommodate additional planning and design services as the project progresses,
RESOLVED, further, That the County Administrator be authorized and directed to amend the agreement with Jacobs Facilities, Inc., to include the Preliminary through Schematic phases of design as specified within this resolution, not to exceed $228,000,
RESOLVED further, That the Finance Director is authorized to advance funds in connection with the project and prepare a bond resolution for approval by the Legislature.
SEQR ACTION: TYPE II-20

Discussion of PAR (Project Approval Request) Form

 Mr. Booth expressed concern about the language contained in the form and the overall use of the form.  He stressed the form should only be used as an administrative tool and cautioned others about it taking on a greater meaning that it has.  It was requested that a disclaimer be added to the top of the form.

RESOLUTION NO. 150 - AUTHORIZING THE ISSUANCE OF $800,000 SERIAL  BONDS OF THE COUNTY OF TOMPKINS, NEW YORK,
TO PAY THE COST OF THE PLANNING AND DESIGN OF IMPROVEMENT AND EXPANSION OF THE COUNTY’S PUBLIC SAFETY
BUILDING, IN AND FOR SAID COUNTY

 MOVED by Mr. Penniman, seconded by Ms. McBean.  Mr. Squires said another resolution will need to come before the Legislator to authorize any construction costs for the project.  He also said this will likely be a thirty-year note.  A voice vote resulted as follows:  Ayes - 4, Noes - 0, Excused - 1 (Koplinka-Loehr).  MOTION CARRIED.

WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and
WHEREAS, it is now desired to authorize the financing of such capital project, now therefore be it
RESOLVED, by the Tompkins County Legislature of the County of Tompkins, New York, as follows:
Section 1. For the specific object or purpose of paying the cost of the planning and design of improvement and expansion of the County’s Public Safety Building, in and for said County, including incidental expenses in connection therewith, there are hereby authorized to be issued $800,000 serial bonds of said County of Tompkins, New York, pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $800,000, and that the plan for the financing thereof is by the issuance of the $800,000 serial bonds of said County of Tompkins, New York, authorized to be issued pursuant to this bond resolution.
Section 3.  It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Director of Finance of the County of Tompkins, New York, the chief fiscal officer.  Such notes shall be of such terms, form, and contents, and shall be sold in such manner, as may be prescribed by said County Director of Finance, consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said County of Tompkins, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year.
Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the County of Tompkins, New York, by the manual or facsimile signature of its County Director of Finance and a facsimile of the corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of its County Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting the sale, and awarding the bonds, are hereby delegated to the County Director of Finance of the County of Tompkins, New York, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds.  The receipt of said County Director of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County of Tompkins, New York, by the facsimile signature of its County Director of Finance and providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities, and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by its County Director of Finance.  It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping, and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal  agent.  Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the County Director of Finance of the County of Tompkins shall determine.
Section 9. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit, or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150 - 2.  Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 11. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper of such County, together with a notice of the Clerk of the Tompkins County Legislature in substantially the form provided in Section 8l.00 of the Local Finance Law.
SEQR ACTION:  TYPE II-20

Adjournment

 The meeting adjourned at 5:12 p.m.