Excused:   Dick Booth

Chair Randall called the meeting to order at 3:50 PM.

1.  Determination of a Negative Declaration of Environmental Impact and Authorization toIssue Design and Right-of-Way Plan Approvals – CR 188, Station Road Culvert Replacement – PIN 3753.86 – The completed Full Environmental Assessment Form was distributed and discussed.  The pipe replacement will be 40’ longer than the present pipe.  NYSDEC has reviewed the design and they will need to issue a permit for construction.  Wording is to be added to the Assessment Form to further define that even though the project is in an agricultural district, there is no agriculture in the area of the project.  After discussion, the following resolution was approved in a motion by Pam Mackesey and seconded by Dooley Kiefer and carried:

RESOLUTION NO.   - DETERMINATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT and AUTHORIZATION TO ISSUE DESIGN AND RIGHT-OF-WAY PLAN APPROVALS – CR 188, STATION ROAD CULVERT REPLACEMENT - PIN 3753.86

WHEREAS, Resolution 13 of 2005 authorized an agreement between Tompkins County and the New York State Department of Transportation (NYSDOT) to fund the design of a culvert replacement to carry County Road 188, Station Road, over Cayuga Inlet in the Town of Danby, and

WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and

WHEREAS, a Long Environmental Assessment Form has been completed and reviewed in conjunction with determinations made by both NYSDOT and the Federal Highway Administration, said agencies both concurring that the project will have no significant impacts, and

WHEREAS, the project has been reviewed and classified as an "Unlisted Action" under the SEQRA (State Environmental Quality Review Act), as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and as a "NEPA (National Environmental Policy Act) Categorical Exclusion", and

WHEREAS, in accordance with applicable federal regulations and guidelines a Right-of-Way Plan has been prepared that indicates that acquisition of approximately three (3) parcels (one fee ‘taking’ and two permanent easements) is necessary, but that the individual and cumulative impacts of right-of-way acquisition are considered total de minimus in nature, and

WHEREAS, completion of all procedural requirements needed prior to project design approval and Right- of- Way Plan approval have been certified by the design consultant and approved by the County Highway Manager, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, having reviewed project materials provided, hereby determines that this project is an Unlisted SEQRA action and that the action will not have a significant negative impact on the environment, requiring no further environmental review, and

RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for this project.

RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of the project final design shall be authorized, and

RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting approval of the Right-of-Way Plan for the referenced project.

SEQR ACTION: Unlisted   (No further action required)

Nathan Shinagawa arrived at 4:12 PM

2.  Bond Resolution Dated June 20, 2006 – A Resolution Authorizing the Issuance of $8,060,000 Serial Bonds of the County of Tompkins, New York, to Pay a Portion of the Cost of $Road and Highway System Reconstruction and Improvements at Various Locations Throughout the County – The committee requested that a list of the locations of the projects and the kinds of work at those sites be added to the resolution.  After discussion, the following resolution was moved by Pam Mackesey, seconded by Nathan Shinagawa and carried:

Bond Resolution Dated June 20, 2006 – A Resolution Authorizing the Issuance of $8,060,000 Serial Bonds of the County of Tompkins, New York, to Pay a Portion of the Cost of $Road and Highway System Reconstruction and Improvements at Various Locations Throughout the County
Whereas, Tompkins County (the “County”) is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et. seq., and implementing regulation, 6 NYCRR Part 617 (the “Regulations”); and

Whereas, it is now desired to authorize the financing of a capital project consisting of repaving certain existing roads and highways at various locations throughout the County not involving the addition of new travel lanes (the “Project”); NOW, THEREFORE,

BE IT RESOLVED, by the County Legislature of the County of Tompkins, New York as follows:

Section 1.  The County, having reviewed the impact of undertaking the Project, hereby determines that such action constitutes a “Type II Action” under the NYCRR § 617.5  (c) (4) of the Regulation and is not subject to review under SEQRA; and

Section 2.  For the class of objects or purposes of paying a portion of the cost of repaving certain existing roads and highways at various locations throughout the County not involving the addition of new travel lanes, including preliminary costs and costs incidental thereto and the financing thereof, there are hereby authorized to be issued $8,060,000 serial bonds of the County of Tompkins, New York, pursuant to the provision of the Local Finance Law.

Section 3.  It is hereby determined that the maximum estimated cost of the aforesaid class of objects of purposes is $15,345,000 and the plan for the financing thereof is by the issuance of the $8,060,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and the application of $6,515,000 of Federal and State aid, including funds from the State’s Consolidated Local Street and Highway Improvement Program expected to be received for this purpose.  It is hereby further determined that if the amount of Federal and State aid actually received is greater than $6,515,000, the amount of bonds ultimately issued may be reduced by the receipt of such excess aid.

Section 4.  It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years under subdivision 20(b) of paragraph a. of Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.

Section 5.  Subject to the provision 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 serial bonds herein authorized including renewals of such notes, is hereby delegated to the County Director of Finance, 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 6.  The faith and credit of said County of Tompkins, New York, and hereby irrevocably pledged for the payment of the principal of and interest of such bonds 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 of such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said County a tax sufficient to pay the principal of and interest of such bonds as the same become due and payable.

Section 7.  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 the County Director of Finance and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the County Clerk.

Section 8.  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, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as her or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provision of the Local Finance Law and any order of rule of the State Comptroller applicable to the sale of municipal bonds.  The receipt of the 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 9.  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 oar 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 by the facsimile signature of the County Director of Finance, 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 the County Director of Finance.  It is here by 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 shall determine.

Section 10.  The temporary use of available funds of the County, not immediately required for the purpose or purposes of which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 2 of this resolution.  The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 3 of this resolution shall be from the county’s General Fund.  It is intended that the County shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes.  This resolution is intended to constitute the declaration of the County’s “official intent” within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein.  Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein.

Section 11.  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 provision 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 commended within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.

Section 12.  This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper of said County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.

LEGAL NOTICE
NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the County Legislature of the County of Tompkins, New York, on the 20th day of June 2006, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said County is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commended within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution.

Dated:  Ithaca, New York,
            June     , 2006

  ____________________________
                                                                                  Clerk, County Legislature
 
 Meeting adjourned at 4:22 PM

Respectfully submitted by Cheryl Nelson