Catherine Covert, Clerk of the Board, called the meeting to order at 5:30 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members

 Members and guests participated in the Pledge of Allegiance to the Flag.
 Present:  12 Representatives.  Excused - 3 (Representatives Booth, Joseph, and Todd).

   District No.  1 - Barbara Blanchard, 316 Brookfield Road
   District No.  2 - Leslyn McBean, 528 West Clinton Street
   District No.  3 - Richard S. Booth, 510 Mitchell Street
   District No.  4 - Nancy B. Schuler, 110 Ferris Place
   District No.  5 - Katherine Luz Herrera, 116 Utica Street
   District No.  6 - Thomas L. Todd, 847 Davis Road, Lansing
   District No.  7 - Frank P. Proto, 2585 Slaterville Road, Slaterville Springs
   District No.  8 - Daniel M. Winch, 310 Burdge Hill Road, Newfield
   District No.  9 - George L. Totman, 31 Church Street, Groton
   District No. 10 - Dooley Kiefer, 629 Highland Road, Ithaca
   District No. 11 - Michael A. Koplinka-Loehr, 124 Crest Lane, Ithaca
   District No. 12 - Tim Joseph, 772 Elm Street Extension, Ithaca
   District No. 13 - Martha Robertson, 1655 Ellis Hollow Road, Ithaca
   District No. 14 - Michael E. Lane, 42 East Main Street, P.O. Box 835, Dryden
   District No. 15 - Peter Penniman, 3391 Halseyville Road, Trumansburg

Election of Temporary Chairman

 Mrs. Covert announced the first order of business was the election of a temporary chairman.  Ms. Blanchard nominated Mr. Winch as Temporary Chairman, seconded by Mr. Koplinka-Loehr.   After hearing no more nominations, it was Moved by Mrs. Schuler, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to close nominations.  A voice vote resulted as follows for Temporary Chairman:  Ayes - 12, Noes - 0, Excused - 3 (Representatives  Booth, Joseph, and Todd).   MOTION CARRIED.    Mr. Winch took the chair as Temporary Chairman.

Election of a Vice Chairman

 Nominations were opened for Vice Chairman.  Ms. Robertson nominated Mr. Lane as Vice Chair, seconded by Mr. Totman.  Hearing no more nominations, it was MOVED by Ms. Herrera, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to close nominations.

 A voice vote resulted as follows to elect Michael Lane Vice Chairman:  Ayes - 12, Noes - 0, Excused - 3 (Representatives Booth, Joseph, and Todd).  MOTION CARRIED.

 Mr. Lane stated Representative Joseph is out of town this evening visiting relatives and said the order of business has been rearranged in order to allow the Vice Chairman to conduct this meeting.

Election of Permanent Chairman

 The next order of business was the election of a Permanent Chairman and nominations were opened.  Mr. Penniman nominated Mr. Joseph as Permanent Chairman, seconded by Mr. Koplinka-Loehr.

 Mr. Penniman said Mr. Joseph has been an effective leader during the last year when the Board has faced some difficult decisions.   He said there are three particular qualities Mr. Joseph possesses that qualify him to be the best leader for this Board in 2003:

 1.  He has demonstrated many times his concern for the welfare of all citizens of Tompkins County, especially for those who are less fortunate and who are not always able to speak effectively for themselves;
 2.  He has a real dedication to the job of County Legislator and has been able to commit a great deal of time to it.  There are many tasks and decisions the Chair of the Board has to deal with of which most are administrative.  He has been there day after day attending to those things.
 3.  He has a real gift for taking complex issues and finding the salient parts.  He helps to "boil things down" to areas where the Board needs to focus.  This is a very valuable skill for the person who is forming the Board Committees and running Board meetings.

 Mr. Penniman said for these reasons he is pleased to nominate Mr. Joseph for the position of Chair of the Board.

 Hearing no more nominations, it was MOVED by Mr. Winch, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, to close nominations.

 A voice vote resulted as follows to elect Tim Joseph Chairman of the Board:  Ayes - 12, Noes - 0, Excused - 3 (Representatives Booth, Joseph, and Todd).  MOTION CARRIED.

Privilege of the Floor by the Public

 Michael Raffee, Emergency Services Director for the Tompkins County Chapter of the American Red Cross, spoke concerning the recent weather situation and power outages due to ice and snow storms.   Mr. Raffee said the American Red Cross established five sites in Tompkins County to address some of the needs with the populations affected by the storms.  He thanked representatives from the Bethel Grove Bible Church and the West Danby, Newfield, and Brooktondale fire departments for making the service to the community so strong.  He also thanked the Tompkins County Health Department and public safety agencies for their support.   Mr. Raffee also thanked the 55 volunteers from the community who stepped forward and gave up their time as well.

 Mr. Raffee said there needs to be better education provided to the public on emergency shelters, carbon monoxide concerns, and alternate fuel safety.  He said this can be done through community disaster education efforts to the public.  He noted that without a disaster declaration people had to take time off work to volunteer.  Mr. Raffee said there were grant applications put forward for this effort.   He said the Board needs to give consideration to setting aside funds toward mitigation efforts so that the County can leverage larger pools of money.  Mr. Raffee said there were many people impacted by the situation; however, as a community Tompkins County did as much as it could and has been extremely effective.

 Mr. Lane thanked Mr. Raffee for the efforts of the Tompkins County Chapter of the American Red Cross.  He said the efforts that Mr. Raffee spoke of are very important and he hopes the Board committee that will have the responsibility for public safety will take up some of the items that were mentioned this evening.

 Fay Gougakis, City of Ithaca resident, spoke of funding for the SPCA.  She said she has been asking the City of Ithaca to be involved with announcing the dog barking law in the City that states there is a three-minute limit of time that a dog can continuously bark.   Ms. Gougakis said she has been affected by a neighbor's dog barking very early in the morning and feels this is a serious issue.  She said the SPCA does not want to inform people about this law that she believes impacts her quality of life.

Privilege of the Floor by Board Members

 Mr. Winch, District No. 8 Representative, spoke of the recent weather situation and the tremendous work performed by volunteers throughout Tompkins County.  He said he is very proud of the Tompkins County volunteer fire departments, the American Red Cross, and all of the neighbors who reached out to another neighbor to help.  Mr. Winch thanked Michael Raffee, Emergency Services Director for the Tompkins County Chapter of the American Red Cross for all of his work during the situation.  He said Mr. Raffee has demonstrated the quality of life in Tompkins County.

 Mr. Proto, District No. 7 Representative, also spoke of the recent weather situation.  He said he represents two of the towns in the southern portion of the County that were heavily hit by the snowstorm.  He thanked Lee Shurtleff, Director of Emergency Response, for his coordination of all the fire departments within the County.   He also thanked the Brooktondale, Danby, and Newfield fire companies for all of the work they did.    Mr. Proto also extended his appreciation to Pete Messmer, Highway Manager, for responding to needs by the municipal highway departments.  Mr. Proto said one of the concerns that was raised is that there are some places that should have generators that do not, for example, the senior citizen housing in Caroline and Ulysses.  He said this will be an area to include when the County does another funding round through HUD (Housing and Urban Development).  Mr. Proto thanked all of the local fire companies, the Sheriff's Office, and Michael Raffee, Emergency Services Director for the Tompkins County Chapter of the American Red Cross.

 Mr. Proto said he has asked Lee Shurtleff to meet with him, the Danby and Caroline Town Supervisors and Highway Superintendents, the American Red Cross, and a representative of NYSEG to determine who is in charge in this type of situation.  He said one of the problems they encountered was a lack of communication and knowing who should be called to obtain information during this type of situation and hopes this meeting will provide answers to those questions.   He noted NYSEG has a registry of which residents are on life support.

 Mrs. Schuler, District No. 4 Representative, also thanked the many volunteers and the American Red Cross for their efforts during the recent weather emergency.  Mrs. Schuler briefly spoke of alternatives to incarceration and told a story of Oscar Swensen, a City Alderman who was manager of the Ithaca Leather Products during the 1930's.  Mr. Swensen was very concerned about the welfare of the community during the depression.  She said the City Court Judge worked with Mr. Swensen to keep Ithacans employed and out of trouble.  There were some individuals who were taken to court that the Judge felt would not have been committed if the accused were not financially destitute.    Mr. Swensen offered these individuals jobs and a stable salary, thereby saving the lives of these victims of the depression.  Mrs. Schuler said this example shows alternatives-to-incarceration activities were taking place even at that time.

 Ms. Kiefer, District No. 10 Representative, reported all members should have received copies of the decision by the Ethics Advisory Board.     She said the coverage the decision has received in the media has been slightly misleading.  Ms. Kiefer stated there were three things that the Board deliberated about in regard to Mr. Wetmore's complaint:  Whether Mr. Hershey and Mr. Cohen had a conflict of interest, whether there was an appearance of a conflict of interest, and whether certain financial disclosure forms filed and adequate.  Ms. Kiefer said the charge of conflict of interest was not upheld by any evidence the Board had.  However, the charges of the appearance of a conflict of interest and inadequate or incomplete financial disclosure forms were upheld.    She apologized for typographical errors contain in the draft report and press release, and stated those errors have been corrected.

 Ms. Robertson, District No. 14 Representative, in support of her nomination of Mr. Lane as Vice Chair, thanked him for his leadership as Vice Chair of the Board.  She noted many areas where Mr. Lane has lead this Board, including Charter review and redistricting.  She thanked him for his attention to detail, perseverance on hard tasks, and his willingness to take a stand when necessary.

 Mr. Penniman, District No. 14 Representative, spoke of the recent weather emergencies.  He said it is extremely important that people use carbon monoxide detectors when they are using alternative sources of heat in emergency situations.

 Ms. Herrera, District No. 3 Representative, spoke of the Co-op Plus Energy Cooperative.  She said this is a group that is offering its members an opportunity to achieve a five to ten percent savings on energy costs and eventually for the provision of energy efficiency services and renewable energy services.   She said  anyone who is interested should contact Kenny Christianson at 607-277-1566.

 Ms. Blanchard, District No. 1 Representative, reported the Municipal Gas and Electric Alliance is having a difficult time serving residential customers and is hopeful that the energy co-op will be more successful.  She said the Municipal Electric and Gas Alliance will be working with them to explore ways to find further savings for residential customers.

 Mr. Proto, District No. 7 Representative, said he will distribute criteria for the Distinguished Youth Award to all Board members by the end of the week.    Mr. Proto responded to the comments made by Ms. Gougakis under Privilege of the Floor by the Public, and said it is not the SPCA's responsibility to educate residents about local ordinances.

Report from a Municipal Official

 There was no municipal official in attendance.
 
Chair’s Report and Appointment(s)

At this time Mr. Lane thanked the following staff members for their hard work throughout the year:   Catherine Covert, Clerk of the Board; Michelle Pottorff, Deputy Clerk; Karen Fuller, Deputy Clerk, Wendy Skinner, Public Information Coordinator; Frank Rollen, cameraman; David Craig, cameraman; and Jim Blizzard, television producer.

Report from County Staff

 There was no report from County staff.

Report from the County Administrator

 Mr. Whicher expressed his appreciation to the many agencies during the recent emergency situation.  He particularly noted the work of the Highway Department and said they did an excellent job clearing the roads for safe travel.

Report from the County Attorney

 Mr. Wood had no report.

Report from the Finance Director

 Mr. Squires had no report.

Addition of Resolution(s) to the Agenda

 There were no resolution(s) added to the agenda.

Withdrawal of Resolution(s) from the Agenda

 There were no resolution(s) withdrawn from the agenda.

Approval of Appointment(s) and Resolution(s) Under the Consent Agenda

 It was MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

Tompkins Consolidated Area Transit
Frank Proto - County Representative- term to expire December 31, 2005

Fire, Disaster, and EMS Advisory Board
Lester K. Coit - Town of Groton Representative - term to expire December 31, 2004

Water Resources Council

Daniel D. Konowalow - Agriculture Representative - term to expire December 31, 2005
Christian M. Boissonnas - Environmental Management Council Representative - term to expire December
31, 2005
Deborah Grantham - At-Large Representative - term to expire December 31, 2005
Monika Roth - Cornell Cooperative Extension Representative - term to expire December 31, 2005
John M. Andersson - County Health Representative - term to expire December 31, 2005
Sigrid Popowitch - Ex-officio - New York State Department of Parks, Recreation and Historic
Preservation Representative
Thomas Every - Recreation Representative - term to expire December 31, 2004
Todd S. Miller - Ex-Officio - U.S. Geologic Survey, U.S. Natural Resources Conservation Service
Gail Steinhart - At-Large Representative - term to expire December 31, 2005

Environmental Management Council
Daniel Pearlstein - At-Large Representative #2 - term to expire December 31, 2003
Karen Edelstein - At-Large Representative #9 - term to expire December 31, 2004
Kenny Christianson - At-Large Representative #7 - term to expire December 31, 2004
Steven J. Uzmann - At-Large Representative #12 - term to expire December 31, 2004
Herbert J. Engman - At-Large Representative #10 - term to expire December 31, 2004
Christian Nielsen-Palacios - At-Large Representative #11 - term to expire December 31, 2004
Daniel Lamb - At-Large Representative #8 - term to expire December 31, 2004

Soil and Water Conservation District
Ronald Updike - At-Large representative - term to expire December 31, 2005

Agriculture and Farmland Protection Board
Matthew M. Mix - Farmer Representative - term to expire December 31, 2006
 

RESOLUTION NO. 1  - AUTHORIZING APPLICATION FOR NEW YORK STATE  DEDICATED TRANSIT FUNDING FOR TOMPKINS
CONSOLIDATED AREA TRANSIT IN STATE FISCAL YEAR 2002/2003

 MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, the Governor of the State of New York awarded a grant of State Dedicated Transportation Funds in the amount of $669,000 for State Fiscal Year 2002/2003 to purchase buses and improve facilities in Tompkins County, and
 WHEREAS, the Tompkins Consolidated Area Transit (TCAT) Board of Directors request Tompkins County to apply for $669,000 in State Dedicated funds on its behalf and to plan and make public improvements to the Tompkins Consolidated Area Transit public transportation system, and
 WHEREAS, the $669,000 State Dedicated Transportation Fund grant will reimburse one hundred percent of the cost of proposed projects as follows:

Purchase one 40 ft. low-floor diesel transit replacement bus  $295,000
 Purchase and install up to twelve bus passenger shelters   $  60,000
 Rehabilitate and Renovate TCAT Administration/Operations Facility $  80,000
 TCAT City Center Project:  Architectural/Engineering design,   $130,000
   Conceptual Plan, Project Schedule, Cost Analysis, Environmental
   Review and Project Management Plan
 Purchase ADP Hardware/Software     $  21,000
 Purchase Shop Equipment      $    6,000
 Purchase TCAT Facility Sweeper/Cleaner    $  40,000
 Purchase TCAT Journey Planning Software    $  30,000
 Purchase TCAT Bus Stop Signs      $    7,000
 TOTAL        $669,000

, now therefore be it

 RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives authorizes the application for $669,000 in State Fiscal Year 2002/2003 State Dedicated Transportation Funds to the New York State Department of Transportation for the above-listed projects,
 RESOLVED, further, That Tompkins Consolidated Area Transit will be reimbursed one hundred percent by New York State Department of Transportation funds, which are received by Tompkins County and passed through to Tompkins Consolidated Area Transit,
 RESOLVED, further, That Tompkins County will accept these State funds through a supplemental contract agreement with the New York State Department of Transportation after New York State Department of Transportation's approval of the grant application.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 2  - ACCEPTANCE OF SNOWMOBILE TRAIL GRANT

 MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under the Consent Agenda.

 WHEREAS, by Resolution No. 243 of 2002 the Tompkins County Board of Representatives authorized the Planning Department to sponsor and administer the Snowmobile Trails Fund Grant, and
 WHEREAS, the County has been awarded a Snowmobile Trail Grant from the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) for the purpose of funding trail maintenance by local snowmobile clubs, and
WHEREAS, the funds will be used by local snowmobile clubs to maintain 105 miles of trails in Tompkins County, and
 WHEREAS, the grant funds awarded are higher than the $12,000 originally estimated and included in the County’s 2003 budget, now therefore be it
RESOLVED, on recommendation of the Planning Committee, That the County hereby accepts funds in the amount of $18,116 from the New York State OPRHP,
 RESOLVED, further, That the following adjustment be made to the 2003 budget:
 Revenue:  A8027.43959  State Aid  $6,116
 Appropriation:  A8027.54400  Program Expenses $6,116
SEQR ACTION:  TYPE II-1

RESOLUTION  NO.  3 - AUTHORIZING EXECUTION OF AN INTERMUNICIPAL AGREEMENT REGARDING THE CAYUGA LAKE WATERSHED INTERMUNICIPAL ORGANIZATION

 MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under the Consent Agenda.

WHEREAS, the Cayuga Lake Watershed Intermunicipal Organization (IO) was organized to develop and implement a watershed management plan to help governments within the Cayuga Lake watershed collaborate on water-related activities for the purposes of increasing access to funding for, saving and sharing costs associated with, and increasing efficiency in water resources management efforts in the Cayuga Lake watershed, and
WHEREAS, more than seventy percent of the Tompkins County land area drains into the Cayuga Lake watershed, accounting for approximately sixty percent of the total land area of the Cayuga Lake watershed, and
WHEREAS, Tompkins County and many of its constituent municipalities have participated in the IO since its inception in 1998 under initial funding from New York Department of State for preparation of a document characterizing the Cayuga Lake watershed and using that as a basis for developing a watershed management plan, and
WHEREAS, the IO has completed its watershed management plan, called the Cayuga Lake Watershed Restoration and Protection Plan (RPP), with specific actions to assist in the maintenance and improvement of water resources within the Cayuga Lake watershed while building and maintaining a productive economy within the Cayuga Lake watershed, and
WHEREAS, the RPP will be used by local, State, and Federal governmental agencies, such as New York State Department of Environmental Conservation, to help determine funding priorities for proposed water resources management projects throughout the Cayuga Lake watershed, and
WHEREAS, Tompkins County’s continued participation in the IO will increase the likelihood of obtaining federal and state funding for water-related projects throughout the Cayuga Lake watershed, and
WHEREAS, Tompkins County will benefit from funding received by the IO, particularly for projects that address erosion and sedimentation that are priority concerns for the Cayuga Lake watershed as listed in the RPP, and
WHEREAS, eleven of the thirty-two IO members are representatives from local and County governments in Tompkins County, and
 WHEREAS, a draft agreement has been favorably reviewed by the Planning Committee and the County Attorney, now therefore be it
RESOLVED, on recommendation of the Planning Committee, That the County Administrator is authorized to execute the Intermunicipal Agreement.
SEQR ACTION:  TYPE II-20

Report and Presentation of Resolution(s) from the Health and Human Services Committee

 Mr. Winch, Chairman, had no report.

RESOLUTION NO.  4   - AUTHORIZING THE ISSUANCE OF $330,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE PURCHASE OF A PARCEL OF LAND AND THE BUILDING THEREON LOCATED AT 2422 NORTH TRIPHAMMER ROAD, VILLAGE OF LANSING (KNOWN AS TAX PARCEL  #43.1-1-45), IN THE COUNTY OF TOMPKINS, NEW YORK, FOR USE BY SAID COUNTY IN HOUSING FOODNET, THE COUNTY’S HOME DELIVERED MEAL PROGRAM FOR THE ELDERLY
 

 MOVED by Mr. Winch, seconded by Mrs. Schuler.  Mr. Lane said he will abstain from voting on this resolution because he has represented the owners of this property in his private practice.  He noted he did not represent them in this particular transaction.    A roll call vote resulted as follows:  Ayes - 11, Noes - 0, Abstentions - 1 (Representative Lane); Excused - 3 (Representatives Booth, Joseph, and Todd).  RESOLUTION ADTOPED.

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, on recommendation of the Health and Human Services and Budget and Capital Committees, That by the Board of Representatives of the County of Tompkins, New York, as follows:
Section 1. For the specific object or purpose of paying the cost of the purchase of a parcel of land and the building thereon located at 2422 North Triphammer Road, Village of Lansing (known as Tax Parcel #43.1-1-45), in the County of Tompkins, New York, for use by said County in housing Foodnet, the County’s home delivered meal program for elderly County residents, including incidental expenses in connection therewith, there is hereby authorized to be issued $330,000 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 $330,000, and that the plan for the financing thereof is by the issuance of the $330,000 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 twenty years, pursuant to subdivision 11(b) 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 Board of Representatives in substantially the form provided in Section 8l.00 of the Local Finance Law.
SEQR ACTION:  TYPE II-20

RESOLUTION NO. 5  - AUTHORIZING THE COUNTY OF TOMPKINS TO PURCHASE PROPERTY CURRENTLY USED BY FOODNET AND TO LEASE THE PROPERTY TO FOODNET

 MOVED by Mr. Winch, seconded by Mr. Proto.  Ms. Kiefer expressed concern that this is an acquisition of property by the County and it is not stated in the resolution that the Board has followed the  County 's Land Policy.  Ms. Kiefer said the SEQR form that was distributed also does not refer to the County's Land Policy.  She questioned what distance from the property is included when you disclose land use in the vicinity of the project, and said she is not sure if it should all be identified as commercial property or if it should include the residential properties that are in the vicinity.
 Mr. Wood said the area is primarily commercial but he would not oppose selecting the residential  box also on the SEQR form.  He said the County did follow the Land Policy, so an additional Whereas was incorporated into the resolution.

 Mr. Proto said in the past he has not supported similar financing for Tompkins Community Action because of their ability to seek financing on their own.  He said he will support this because Foodnet does not have access to the type of financing that other organizations in this community do have.  He said they are primarily supported by the County and feels this is an agency the County is directly responsible for.

 Ms. Robertson asked for a brief explanation on the economic benefit of taking this action.  Mr. Griffin, Director of Foodnet, stated this will be the best use of resources that are available in order to help the residents in this community.  He said the purchase of this building is a good way for the County to save money.  He said because Foodnet will save money, the savings will be passed along to the people   they serve as well as the taxpayers.

 A voice vote resulted as follows:  Ayes - 11, Noes - 0, Abstentions - 1 (Representative Lane); Excused - 3 (Representatives Booth, Joseph, and Todd).  RESOLUTION ADOPTED.

 WHEREAS, Foodnet performs a valuable service for the County, and
 WHEREAS, the County currently supports this service by providing funding to Foodnet which allows Foodnet to make rental payments for its facility on North Triphammer Road in the Village of Lansing, and
 WHEREAS, the cost to the County would be lower if the County purchases the facility, and
WHEREAS, the property has been checked in accordance with the County's land policy and found suitable for County acquisition, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That the County Administrator is hereby authorized to purchase the property currently used by Foodnet at 2422 North Triphammer Road in the Village of Lansing, and to enter into an occupancy agreement with Foodnet,
 RESOLVED, further, That the County Administrator or his designee is authorized to sign all documents necessary to effect these transactions.
SEQR ACTION:  Unlisted
(Short EAF on file with Clerk)

Report from the Information Management Committee

 Mr. Winch, Chairman, reported the Committee met on December 19 and heard a report from Greg Potter, Director of Information Technology Services, on the emergency management main server replacement.  Mr. Potter has been meeting with the architects, engineers, and technicians, to discuss the County's networking, telephone systems, and needs of the new emergency management building.  Mr. Potter also reported on the New York State bio-terrorism preparedness planning project, and said all deadlines were met from the standpoint of information technology.

Report from the Public Works Committee

 Ms. Blanchard, Chair, reported the Committee met on December and spent most of the meeting touring the Crash, Fire, Rescue Building which is the project at the Airport that will allow all of the heavy equipment to be stored undercover so that it can be maintained in good condition.

Report from the Planning Committee

 Ms. Kiefer, Chair, reported the Committee met on December 19.  At that meeting, Ed Marx, Planning Commissioner, reported on a proposal for a multi-jurisdictional hazard mitigation plan and said various municipalities have been meeting to discuss the preparation of this type of plan.  She said there is grant money possibly available from SEMO (State Emergency Management Office).  She said given all of the comments made earlier in the meeting it makes sense for municipalities to explore this type of plan.   Ms. Kiefer said because the County is already investing in a flood hazard mitigation plan it is conceivable that that could be County's share of preparing a joint plan.

 Ms. Kiefer said Commissioner Marx also reported on comments on the Downtown Ithaca Development Draft EIS (Environmental Impact Statement), and said some of the items the County is pointing out to the City include the following:

? There is a potential of a one-third reduction in the effectiveness of the solar panels on the Library due to shading and a very rough estimate of what that might cost the County in increased electricity costs would be $7,000 to $10,000
? Concern over how the Mental Health Department and the Public Library will function during the construction phase;
? The impact on traffic, in particular, pedestrians and bicyclists;
? The impact of shading on Building C if the new hotel project moves forward;
? Road redesign and parking options are already used up, yet zoning in the City will allow for further downtown development.  There is a question on how this can occur if all of the parking and road options that are financially feasible have already been used up with the present development; and
? Concern over the air-handling on the south side of the Library during construction of the proposed parking garage.

 Ms. Kiefer said Commissioner Marx discussed with the Committee a program that is being proposed as a revamping of the old Circuit Rider program.  Ms. Kiefer said there have been questions raised as to whether it makes sense for the Department to move forward and sign contracts because it isn't clear there will be County funding support for multi-year contracts.  She said the Town of Danby, Village of Lansing, and the Town and Village of Groton are in discussions with the County Planning Department and want to have these services provided.     Ms. Kiefer noted the Planning Committee achieved all of its goals for 2002.   She said during the last half hour of the December 19 meeting the Committee was joined by the City's Planning and Development Committee to look ahead to 2003 to see what services the City and County provide that may be worked on together.

 Ms. Kiefer said the Planning Committee will have a relatively short meeting on January 16.

Report and Presentation of Resolution(s) from the Government Operations Committee

 Mr. Koplinka-Loehr, Chairman, reported the Committee has not met since the last Board meeting.     He reported the Government Operations Committee will not hold a regular meeting in January.  He announced the Quality- of- Life Report was accepted by the Board and he highlighted one of the indicators contained in the report, and said the Arts, Recreation, and Entertainment indicator is a snapshot of how many events there were in 2002.   There were over 5,000 events, including music, lecture, film, and art, and said this speaks very well to the cluster of diverse activities and expressions that this community offers.   Mr. Koplinka-Loehr invited Board members to attend a celebration to unveil the Quality-of-Life 2000 report following this meeting.    He said some members of the Community Affirmative Action Committee will meet on January 20 to look at transitioning that group to a different model.

RESOLUTION NO.  6 - ESTABLISHING 2003 MEETING DATES

 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present.

 RESOLVED, That the 2003 regular meetings of the Tompkins County Legislature are as follows:

Tuesday,  January 7, 2003 at 5:30 p.m.
Tuesday, January 21, 2003 at 5:30 p.m.
Tuesday, February 4, 2003 at 5:30 p.m.
Tuesday,  February 18, 2003 at 5:30 p.m.
Tuesday, March 4, 2003 at 5:30 p.m.
Tuesday, March 18, 2003 at 5:30 p.m.
Tuesday,  April 1, 2003 at 5:30 p.m.
Tuesday, April 15, 2003 at 5:30 p.m.
Tuesday, May 6, 2003 at 5:30 p.m.
Tuesday,  May 20, 2003 at 5:30 p.m.
Tuesday, June 3, 2003 at 5:30 p.m.
Tuesday, June 17, 2003 at 5:30 p.m.
Tuesday, July 1, 2003 at 5:30 p.m.
Tuesday, July 15, 2003 at 5:30 p.m.
Tuesday, August 5, 2003 at 5:30 p.m.
Tuesday,  August 19, 2003 at 5:30 p.m.
Tuesday, September 2, 2003 at 5:30 p.m.
Tuesday,  September 16, 2003 at 5:30 p.m.
Tuesday, October 7, 2003 at 5:30 p.m.
Tuesday, October 21, 2003 at 5:30 p.m.
Wednesday,  November 5, 2003 at 5:30 p.m.
Tuesday, November 18, 2003 at 5:30 p.m.
Tuesday, December 2, 2003 at 5:30 p.m.
Tuesday,  December 16, 2003 at 5:30 p.m.
SEQR ACTION:  TYPE II-20

Report from the Economic and Workforce Development Committee

 Mr. Lane, Chairman, had no report.

Report from the Budget and Capital Committee

 Mr. Penniman, Chairman, reported the Committee met briefly today to take action on resolutions listed on the agenda.  He spoke of the tax bills that are being mailed and said the County Board adopted a budget that included a tax increase of 13.4 percent.  The amount that is displayed on the tax bill is the total tax levy and shows an increase of 17.7 percent.  He said the reason for the difference is because total assessments in Tompkins County increased by approximately four percent.    Mr. Penniman said the Committee has not established a meeting schedule for 2003.

Report from the Public Safety Committee

 Mrs. Schuler, Chair, reported the Committee has not met since the last Board meeting. She urged the public to restock emergency supplies of batteries, water, and fuel.   She announced Glenn Sharshon, Dispatch Center Director, will be leaving employment with the County on January 18 and wished him well his in new endeavors.

Report from the Charter Review Committee

 Mr. Lane, Chairman, reported the Committee will meet tomorrow at 1 p.m.

Report from the Communications Capital Project Committee

 Ms. Blanchard, Chair, reported the Committee has not met since the last Board meeting.  The next meeting will be January 28, 2003.

Report from the Public Safety Building Space Planning Committee

 Ms. Blanchard, Member, said the Committee has not met since the last Board meeting.  She reported the organization that was selected to work with the Committee on further analysis of Jail needs and the way the County works with the Commission of Correction, will begin soon.

Report from the Space Needs and Location Committee

 Mr. Lane reported the Committee has not met.

Approval of Minutes

 No minutes were presented for approval.

Adjournment

 On motion the meeting adjourned at 6:44 p.m.