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HomeMy WebLinkAbout01-23-02 Budget & Administration Committee Meeting Agenda BUDGET AND ADMINISTRATION COMMITTEE JANUARY 23, 2002 7 :30 P.M. COMMON COUNCIL CHAMBERS AGENDA Statements from the Public Amendments to Tonight' s Agenda A. Common Council 1 . Briefing by Red Cross on Emergency Management Preparations B. Fire Department 1 . Request to Establish Capital Project for National Weather Service Transmitter - Resolution C. I U R A 1 . A Resolution Authorizing the Guarantee by the City of Ithaca of the Payment of the Principal of and Interest on Certain Indebtedness of the Ithaca Urban Renewal Agency D. Chamberlain 1 . Request to Amend Tax Bill - Resolution 2 . Approval of Certificate of Authority to Invest Funds at Fleet Bank - Resolution E. Youth Bureau 1 . Request to Approve Recreation Partnership Terms of Agreement - Resolution F. Reports 1 . Approval of October, 2001 Budget Meeting Minutes 2 . Approval of September 25, 2001 and October 29, 2001 B & A Minutes 3 . Mayor' s Report 4 . Council Members' Announcements 5 . Next Month' s Meeting: MONDAY, FEBRUARY 25, 2002, 7 :00 P.M. COMMENTS TO BUDGET AND ADMINISTRATION COMMITTEE OF CITY OF ITHACA COMMON COUNCIL BY CHARLES NOCERA, EXECUTIVE DIRECTOR TOMPKINS COUNTY CHAPTER, AMERICAN RED CROSS JANUARY 23, 2002 Introduction These comments are from the perspective of a not for profit agency whose mission includes helping the individuals and communities in their service delivery area prepare for, respond to and recovery from disasters, community distress and other emergency situations. Phases of Emergency Management See Attachment 1 Phases of Disaster Recovery See Attachment 2 Recent History: May 1999 to January 2000 Involved in interagency planning for Y2K. Late November 1999 Attendance at Intergrated Emergency Management Training at FEMA's Emergency Management Institute in Emmittsberg, Maryland. September 2000 to Present Emergency Management Group. September 2000 to Present Human Needs Task Force. February 2001 to Present Tompkins County/City of Ithaca Interagency Exercise Development Team. June 2001 High Rise Exercise at Titus Towers. Proposed April 2002 Weapons of Mass Destruction Exercise. Human Needs Task Force: The Tompkins County Chapter of the American Red Cross was charged by the Tompkins County Emergency Management Group to be the lead agency in the development of a human needs annex of the updated countywide Emergency Plan and coordinate the human needs component during all phases of emergency management and disaster recovery. The structure of the HNTF is along functional lines. See Attachment 3. Gaps and shortfalls have been identified. Issues to be addressed by the City of Ithaca: Human Resources: Leave Policy for Staff. (Registered and spontaneous volunteers). 1. Internal Emergency Management Needs Assessment. 2. Identification of staff with skills to address needs. 3. Collective Bargaining Issues. 4. Duties as assigned. Resource Needs Continuation of participation and support of the Emergency Management Group. ATTACHMENT HUMAN NEEDS TASK FORCE PHASES OF EMERGENCY MANAGEMENT I. MITIGATION (GET RID OF IT BEFORE IT HAPPENS) -ACTIVITIES WHICH OCCUR BEFORE THE EMERGENCY OR DISASTER -ELIMINATE OR REDUCE THE PROBABILITY OF OCCURRENCE -INCLUDE ACTIONS TO POSTPONE, LESSEN, DISSIPATE OR REDUCE THE EFFECT II. PREPAREDNESS (GET READY FOR IT) -MINIMIZE DISASTER DAMAGE -ENHANCE DISASTER RESPONSE ACTIONS -ORGANIZATIONS AND INDIVIDUALS GET READY TO RESPOND III. RESPONSE (DEAL WITH IT) -PROVIDE EMERGENCY ASSISTANCE -REDUCE PROBABILITY OF ADDITIONAL INJURIES/DAMAGE -SPEED RECOVERY OPERATIONS IV. RECOVERY (GET OVER IT) -RETURN SYSTEMS TO NORMAL LEVELS - CAN BE SHORT TERM, LONG TERM OR BOTH ATTACHMENT 2 HUMAN NEEDS TASK FORCE PHASES OF DISASTER RECOVERY I. EMERGENCY -ADDRESS THE IMMEDIATE NEEDS CREATED BY THE ONSET OF THE DISASTER EXAMPLES: -EVACUATION -SHELTERING -FEEDING -PERSONAL NEEDS -REPLACEMENT MEDICINE, HEARING AIDS, GLASSES -STRESS DEBRIEFING II. INTERMEDIATE -ADDRESS THE NEEDS IDENTIFIED THROUGH ASSESSMENT OF DAMAGE AND CLIENT'S CIRCUMSTANCES EXAMPLES: -DEBRIS CLEARANCE -CLEANUP AND/OR DECONTAMINATION -RECONSTRUCTION AND/OR REPAIRS -CRISIS COUNSELING -INDIVIDUAL ASSISTANCE PROGRAMS AND/OR GRANTS -ONGOING SHELTERING AND FEEDING -ASSISTANCE IN LOCATING REPLACEMENT HOUSING -HOUSEHOLD GOODS III. LONGTERM -ADDRESS THE UNMEET NEEDS EXAMPLES: -SPECIAL HOUSING -TRANSPORTATION ISSUE ATTACHMENT 3 HUMAN NEEDS TASK FORCE COORDINATION SHELTER DOMESTIC PETS FEEDING BULK DISTRIBUTION HEALTH SERVICES SPECIAL NEEDS GROUPS MENTAL HEALTH SERVICES INDIVIDUAL& ASSISTED RECOVERY FAMILY SERVICES Building Repair LOGISTICS VOLUNTEER DONATION COMUNICATION MANAGEMENT MANAGEMENT s f: CITY OF ITHACA t� •et 310 West Green Street Ithaca, New York 14850-5497 �OAPoTEB`�O OFFICE OF THE FIRE CHIEF — Telephone: 607/272-1234 Fax: 607/272-2793 MEMORANDUM TO: DOMINICK CAFFERILLO FROM: MARCIA E.LYNCH,DIRECTOR OF DEVELOPMENT SUBJECT: B&A AGENDA ITEM FOR MEETING OF 12/20 DATE:: DECEMBER 13,2001 As we have discussed,please include the following item,submitted by the Fire Department(Emergency Management)on the Budget and Administration Committee's December 20,2001 agenda: • Establishment of Capital Project—National Weather Service transmitter See proposed resolution attached. We will be at the meeting to provide further information. "An Equal Opportunity Employer with a commitment to workforce diversification." L� f�1 m. Proposed resolution: Establishment of Capital Project— National Weather Service Transmitter Whereas,the City of Ithaca,through efforts of the Ithaca Fire Department,will soon receive$75,000 in grant funds awarded by the Rural Utilities Service(RUS)of the U.S. Department of Agriculture,to support installation of a National Weather Service transmitter,which will extend National Weather Service(NWS) coverage to this area;and Whereas,these grant funds will support the entire cost of this project,at no cost to the City,including acquisition and installation of the transmitter and associated equipment at a site donated by Ithaca College;and Whereas,on October 3,2001,Common Council authorized,and Mayor Cohen on October 24,2001 signed,on behalf of the City of Ithaca,a Memorandum of Agreement with the National Weather Service, which will transfer ownership of the acquired facilities to the weather service once installed,so that NWS can assume maintenance and operating costs;and Whereas,the City Controller has advised that establishment of a capital project is the appropriate financial mechanism to accept the grant funding and support acquisition and installation of the equipment prior to transfer; now,therefore,be it RESOLVED that Common Council hereby authorizes establishment of a capital project to support this purpose and,further,authorizes the City Controller to transfer grant funds received from the Rural Utilities Service to the appropriate capital account. WILLKIE FARR&GALLAGHER n M I THOMAS M. ROTHMAN 212 728 8269 trothman@willkiexom JAN 14 2002 787 Seventh Avenue New York,NY 10019-6099 By Tel: 212 728 8000 January 11, 2002 Fax:212 728 8111 Mr. Dominick R Cafferillo City Controller City of Ithaca 108 East Green Street Ithaca,New York 14850-5690 Norma Schwab,Esq. City Attorney City of Ithaca / 108 East Green Street Ithaca,New York 14850 Dear Dominick and Norma: I have revised and enclose for your use the following: 1. Common Council resolution authorizing the Guarantee. The sole change is in changing "2001"to"2002". 2. Urban Renewal Agency resolution authorizing the issuance and sale of the Agency's bonds or notes. I have changed the date from"2001" to"2002" and deleted the form and substance of the obligations. When I attempted to write a form of bond and form of note to be attached as an exhibit, I found that the same are so dependent upon the business arrangements finally agreed upon that I could not do this. Accordingly, I have added a delegation to the Chairman or Vice Chairman to approve the form and substance of the note or bond, which I will prepare as soon as the details are known. 3. Urban Renewal Agency resolution approving Ithaca Neighborhood Housing Services as a qualified and eligible sponsor of the Neighborhood Housing Initiative Program. There are blanks in this resolution reflecting prior Agency action and the date of the hearing. I have not received from the City either a copy of the resolution I have previously sent calling the hearing or printer's affidavit of publication of the notice of the hearing and, accordingly, I do not know the date of adoption of that resolution or the date of the hearing. NEW YORK WASHINGTON, DC PARIS LONDON MILAN ROME FRANKFURT 989468.1 Assuming the City wishes to continue, after the hearing the Agency should adopt the two resolutions. A majority vote of the entire voting strength of the Agency is required for each. At the appropriate time, after Agency action on the above, the Common Council should adopt the Guarantee resolution. This resolution requires the affirmative vote of at least two of the voting strength of the Common Counsel. When available,please return to me a certified copy of each of the enclosed resolutions together with a certified copy of the resolution calling the hearing and the printer's affidavit of publication of the notice of the hearing. With best wishes, Very truly yours, Thomas M.Rothman TMR:pds Enclosures 989468.1 -2- . a RESOLUTION DATED ,2002. A RESOLUTION AUTHORIZING THE GUARANTEE BY THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, OF THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON CERTAIN INDEBTEDNESS OF THE ITHACA URBAN RENEWAL AGENCY AND APPROVING THE FORM AND SUBSTANCE OF A GUARANTEE, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH RELATING THERETO. WHEREAS, the Ithaca Urban Renewal Agency (the "Agency") proposes to issue its revenue bonds and notes (the "Obligations") to finance the cost of the Neighborhood Housing Initiative Program proposed to be undertaken by the Agency within the Ithaca Community Development/Urban Renewal Project Urban Renewal Area in the City of Ithaca (the "City"), including certain costs of issuance thereof and other costs and expenses(the"Initiative");and WHEREAS, pursuant to Section 503-a of the General Municipal Law,the City is authorized to guarantee the principal of and interest on indebtedness contracted by the Agency; and WHEREAS,the City, pursuant to Article 8 of the Environmental Conservation Law and the regulations promulgated thereunder by the State Department of Environmental Conservation ("SEQR ."), declared itself"lead agency" for the Initiative, determined that the Initiative, including the issuance of the Obligations to pay costs thereof, is an "Unlisted Action" and that the implementation and funding of the Initiative, as proposed, will not have any significant environmental effects upon the environment; and WHEREAS, the Common Council is desirous of authorizing the guarantee by the City of the principal of and interest on the Obligations of the Agency to be contracted, from time to time, for the Initiative; NOW,THEREFORE,BE IT 972205.4 -2- RESOLVED, by the Common Council of the City of Ithaca, Tompkins County,New York, as follows: Section 1. The guarantee by the City of the principal of and interest on the Obligations of the Agency to be issued, from time to time, for the Initiative, as more fully described in the preambles hereof,is hereby authorized; provided, however,the maximum amount of such guarantee shall not exceed in the aggregate sum of the amount authorized by Section 4, Article XVIH of the State Constitution(the"Guarantee"). Section 2. The Guarantee shall be evidenced by the execution and delivery by the City Controller of a Guarantee substantially in the form presented to this meeting and annexed hereto as Exhibit A. The form and substance of the Guarantee are hereby approved. The Guarantee shall apply whether the Obligations of the Agency are issued and sold as bonds or notes, including renewal notes or bonds issued to renew notes and whether such Obligations are issued and sold upon such terms and conditions that interest payable thereon shall be includable or excludable in the computation of gross income of the owners thereof for purposes of federal income taxation. In the event that the Obligations of the Agency are refunded,the Guarantee may also apply to the payment of the principal of and interest on any refunding obligations of the Agency. Section 3. The City Controller is hereby authorized, for and in the name of and on behalf of the City, to execute and deliver the Guarantee, in substantially the form thereof presented to this meeting. Section 4. The City Controller, and all other officers, employees and agents of the City, are hereby authorized and directed, for and in the name and on behalf of the City, to do all acts and things required or provided for by the provisions of the Guarantee and to execute and deliver all such additional certificates, instruments and documents, pay all such fees, charges and expenses and 972205.4 -3- to do all such further acts and things as may be necessary, or in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the resolution and to cause compliance by the City with all of the terms, covenants and provisions of the Guarantee binding upon the City. Section 5. This resolution shall take effect immediately. 972205.4 Exhibit A FORM OF GUARANTEE GUARANTEE, dated as of the date of issue of the Obligations hereafter described, made pursuant to Section 503-a of the New York General Municipal Law and a resolution of the Common Council of the City of Ithaca, Tompkins County, New York, duly adopted pursuant thereto on February 6 , 2002, acting by and through its City Controller as provided in said resolution, relating to $ 2,000,000 Neighborhood Housing Initiative Revenue [Note(s)] [Bond(s)], 200 2___, dated , 200_ (the "Obligations") of the Ithaca Urban Renewal Agency(the"Agency"). The City of Ithaca, Tompkins County, New York (the "City"), hereby irrevocably and unconditionally agrees to pay to the registered owners of the Obligations(the"Registered Owners") any payment of principal of and interest, or only interest,as the case may be,due and payable on the Obligations ("Debt Service")which shall be unpaid because of Nonpayment (as defined below)by paying, or causing to be paid, to the Fiscal Agent (as defined below) Debt Service on the Obligations in the manner described below, except in those circumstances herein described in which any payment of Debt Service will be made directly to the Registered Owners; provided, however, that in no event shall the aggregate total of all payments of Debt Service made by the City hereunder exceed the lesser of$ or the actual amount which shall become due for the payment of Debt Service but shall be unpaid because of Nonpayment(as defined below). The City, in recognition of its irrevocable and unconditional agreement to pay Debt Service, hereby waives its rights to any defenses that may limit or alter its obligations under this Guarantee and agrees that the obligations of the City under this Guarantee will not be released, reduced or discharged in the event the obligation of the Agency to pay Debt Service becomes unenforceable or upon the bankruptcy of the Agency. The City fiuther agrees that it will not be entitled to subrogation rights until the Obligations are paid in full. "Nonpayment" means: (a) failure of the Agency to pay, or cause to be paid, Debt Service on the Obligations to the fiscal agent for the Obligations, appointed pursuant to that certain fiscal agent agreement between the Agency and such fiscal agent relating to the Obligations (the"Fiscal Agent'), at least five Business Days(as defined below)prior to any date on which Debt Service on the Obligations is due and payable (a"Debt Service Payment Date")and which payment failure by the Agency shall be continuing on the date two Business Days(as defined below)following receipt from the Fiscal Agent of a Notice of Nonpayment (as defined below), or (b) the avoidance and recovery of any payment of principal of or of interest on the Obligations from the Fiscal Agent or the Registered Owners by a trustee in bankruptcy, debtor or debtor in possession, as the case may be, or any person or entity acting on their behalf, as a preferential transfer under Section 547 of Title 11 of the United States Code or any successor federal bankruptcy law governing the avoidance of preferential transfers, pursuant to a final court order, which is not or no longer subject to appeal or rehearing. Except in the circumstances described below,payments under this Guarantee shall be made by the City in immediately available funds to the Fiscal Agent no later than two Business Days (as defined below) following receipt by the City from the Fiscal Agent of notice in the form and given 972205.4 -2- in the manner specified below(a"Notice of Nonpayment"). "Business Day" means any day other than a Saturday, Sunday or a day on which the offices of the Fiscal Agent or the City are authorized by law to remain closed. A Notice of Nonpayment: (a) in the event of a failure by the Fiscal Agent to have received from the Agency moneys sufficient for the payment of Debt Service at least five Business Days prior to any Debt Service Payment Date (i) shall be mailed by express mail, next day delivery, or sent by overnight service or courier not less than four Business Days prior to the Debt Service Payment Date to which it pertains; and (ii) shall state that the Fiscal Agent has not received from the Agency or any other source or party at least five Business Days prior to such Debt Service Payment Date an amount or amounts sufficient for the payment of such Debt Service Payment Date of Debt Service payable on the Obligations,or (b) in the event that funds shall have been paid to the Fiscal Agent as provided herein for the payment of Debt Service on the Obligations on any Debt Service Payment Date, and either(x)the Fiscal Agent is precluded form making payment with such funds by actions of a trustee in bankruptcy, debtor or debtor in possession, as the case may be, or any person or entity acting on their behalf, pursuant to a final court order, which is not or no loner subject to appeal or rehearing or (y) there occurs an avoidance and recovery by any such trustee in bankruptcy, debtor or debtor in possession, as the case may be, or any person or entity acting on their behalf, pursuant to a final court order, which is not or no longer subject to appeal or rehearing of any Debt Service Payment on the Obligations from the Fiscal Agent or the Registered Owners of the Obligations (i) shall be mailed by express mail, next day delivery, sent by overnight services or courier as soon as possible, (ii) shall state which of such contingencies shall have occurred; and (iii) shall be accompanied by a duplicate original or certified copy of the order or instrument received by the Fiscal Agent barring such payment or requiring such repayment and, in the case of such repayment, by evidence satisfactory to the City that such repayment has been made. A Notice of Nonpayment shall, in either event, be in writing, shall be executed by a duly authorized officer or employee of the Fiscal Agent, and shall set forth(i)the Debt Service Payment . Date to which such notice pertains, (ii) the aggregate amount of Debt Service to be paid on said Debt Service Payment Date, (iii)the amount, if any, received by the Fiscal Agent from the Agency or any other source with respect thereto or otherwise available therefor, and (iv)the amount to be paid by the City hereunder(which amount, when added to the total of amounts theretofore drawn hereunder, if any, shall not exceed$ ). 972205.4 -3- A Notice of Nonpayment shall be deemed to be received by the City upon delivery thereof to the City Controller at the address set forth below if such delivery is made on a Business Day between the hours of 9:00 a.m. and 4:00 p.m.; if delivery is made at any other time, then receipt shall be deemed to occur on the Business Day next following such receipt between the hours of 9:00 a.m. and 4:00 p.m. Notices of Nonpayment and any other communications with respect to this Guarantee shall be to the following addresses: City of Ithaca. 108 East Green Street Ithaca,New York 14850-5690 Attn: City Controller The City shall not be responsible under this Guarantee for the payment on any Debt Service Payment Date of any amount exceeding the aggregate Debt Service due on the Obligations on such Debt Service Payment Date, and in no event shall the City be responsible under this Guarantee for the payment of any amount which would cause.the total amount drawn hereunder to exceed the limit hereinbefore provided. If a Nonpayment occurs more than 123 days after the final payment on the Obligations, payments to the City under this Guarantee shall be made directly to the Registered Owner of each Bond affected thereby. Such payments will be made by the City not more than two Business Days after delivery to the City of a notice given in the manner set forth above for delivery of Notices of Nonpayment, setting forth details of the Nonpayment. Such notice shall be executed by each Registered Owner of each Bond or by their duly appointed agent or attorney, and shall be accompanied by evidence satisfactory to the City that such Nonpayment has occurred, and shall specify the Debt Service Payment Date with respect to which it has occurred,the amount payable to such Registered owner on such Debt Service Payment Date, the portion thereof which such Registered Owner has been required to repay and the amount requested to be paid by the City hereunder on account thereof IN WITNESS WHEREOF, the City Controller of the City of Ithaca has signed this Guarantee as of the date first above written. By: City Controller 972205.4 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF THE AGENCY'S NEIGHBORHOOD HOUSING INITIATIVE REVENUE BONDS AND NOTES AND THE EXECUTION OF RELATED DOCUMENTS. WHEREAS, by Articles 15 and 15-A, and Section 608 of Article 15-B, of the General Municipal Law of the State of New York, as amended (collectively, the "Act"), the Ithaca Urban Renewal Agency (the "Agency")was created with the authority and power to, among other things, provide for the acquisition, construction, reconstruction and equipping of certain projects and programs in accordance with the Act and to issue its revenue bonds and notes to pay costs of such projects and programs; and WHEREAS, there has been submitted to the Agency a program known as the "Neighborhood Housing Initiative Program" (the "Initiative"), which Initiative has been approved by the Common Council of the City of Ithaca (the "City") and consists of(i) the acquisition of substandard residential properties, the renovation and reconstruction of such properties and the sale of such renovated and reconstructed properties to single family or duplex owner-occupants, the Initiative being designed as a demonstration project for the redevelopment of substandard properties to prevent the neighborhoods in which the same are located from deteriorating and becoming blighted and generally substandard, (ii)funding of the Initiative by the issuance of obligations of the Agency in a principal amount not to exceed $2,000,000(the"Obligations"), which Obligations may be in the form of revenue bonds, revenue notes, revenue notes issued to renew notes previously issued and, or, revenue bonds issued to refund bonds previously issued to pay costs of the Initiative, (iii) designating Ithaca Neighborhood Housing Services, a New-York not-for-profit corporation and an IRS Section 501(c)(3) corporation ("INNS"), the qualified and eligible sponsor", pursuant to Sections 556(2) and 507(2)(c) of the General Municipal Law and in accordance with established rules and procedures prescribed by the Agency (the "Sponsor"), of the Initiative and (iv) entering into an agreement by and between the Agency and INNS pursuant to which INNS will implement the Initiative; and WHEREAS,the City, pursuant to Article 8 of the Environmental Conservation Law and the regulations promulgated thereunder by the State Department of Environmental Conservation ("SEQRA"), declared itself"lead agency" for the Initiative, determined that the Initiative, including the issuance of the Obligations to pay costs thereof, is an "Unlisted Action" and that the implementation and funding of the Initiative, as proposed, will not have any significant environmental effects upon the environment;and WHEREAS, the Agency has designated INHS the "qualified and eligible sponsor" of the Initiative and now desires to authorize the issuance and sale of the Obligations; NOW,THEREFORE,BE IT RESOLVED by the Agency as follows: Section 1. The Agency hereby finds and determines that the Initiative is a "demonstration project", as authorized by Section 554(15) of the General Municipal Law, and that it is desirable and in the public interest for the Agency to undertake the Initiative and to issue the Obligations in the principal amount not to exceed $2,000,000. 973640.3 t -2- Section 2. In consequence of the foregoing the Agency hereby determines to: (i) issue and sell the Obligations; (ii)use the proceeds of the Obligations to provide funding for the Initiative; (iii) execute a Tax and Arbitrage Certificate in connection with the issuance of the Obligations(the "Tax and Arbitrage Certificate");and(iv)do all other things necessary in connection with the undertaking of the Initiative and the issuance, execution, delivery and sale of the Obligations. Section 3. The Agency is hereby authorized to accomplish the Initiative and issue the Obligations and to do all things necessary or appropriate for the accomplishment thereof and all acts heretofore taken by the Agency with respect to the Initiative are hereby ratified and approved. Section 4. The form and substance of the Agreement between the Agency and Ithaca Neighborhood Housing Servies, a New York not-for-profit corporation and an IRS Section 501(c)(3) corporation and the organization chosen by the Agency through a competitive procurement process to implement the Initiative for the Agency, relating to the implementation of the Initiative (the "Initiative Agreement") (in substantially the form presented to this meeting), are hereby approved. Section 5. The Agency is hereby authorized to issue, execute and deliver, from time to time, to each purchaser the Obligations, provided that: (a) The Obligations authorized to be executed and delivered pursuant to this Section 6 shall (i) be in the form of a note, renewal note, bond or refunding bond, issued, executed and delivered at the discretion of and at such time as the Chairman or the Vice Chairman of the Agency shall determine, and (ii) be in such form and substance and bear interest at the rate or rates, be subject to redemption prior to maturity and have such other provisions and be issued in such manner and on such conditions at the discretion of and as the Chairman or the Vice Chairman of the Agency shall determine. (b) The Obligations shall be issued solely for the purpose of providing funds to pay costs of the Initiative and the administrative, legal, financial and other expenses of the Agency in connection with the Initiative and incidental to the issuance of the Obligations. (c) The Obligations and the interest thereon are not and shall never be a debt of the State of New York or any political subdivision thereof(except the City pursuant to a certain guarantee of the Obligations) and neither the State nor any political subdivision thereof shall be liable thereon(except the City pursuant to its guarantee of the Obligations). (d) Neither the members, officers, employees or agents of the Agency, nor any person executing the Obligations or the Initiative Agreement shall be liable thereon or be subject to any personal liability by reason of the issuance, sale, execution, delivery, distribution or use thereof. (e) The Obligations and interest payable thereon shall be special obligations of the Agency payable solely from the revenues and receipts derived from the guarantee by the City thereof. (f) Notwithstanding any other provision of this resolution, the Agency covenants that it will make no use of the proceeds of the Obligations or of any other funds 973640.3 -3- which, if such use had been reasonably expected on the date of issue of the Obligations, would have caused the Obligations to be an "arbitrage bond" within the meaning of Section 148(f)of the Code. Section 6. The Chairman or the Vice Chairman of the Agency is hereby authorized, on behalf of the Agency, to cause to be prepared, to execute and to deliver the Obligations and the Initiative Agreement (which documents are hereinafter collectively called the "Transaction Documents") and the Secretary of the Agency is hereby authorized to affix the seal of the Agency thereto and to attest the same, all in substantially the forms thereof presented to this meeting with such changes, variations, omissions and insertions as the Chairman or the Vice Chairman shall approve, including a determination of the form of the Obligations, the rate or rates of interest to be borne, prepayment provisions and the amortization and other terms of the Obligations. The execution thereof by the Chairman or the Vice Chairman shall constitute conclusive evidence of such approval. Section 7. A special bank account, separate and apart from any other funds and accounts of the Agency is hereby established, to be held and maintained by the Agency in one or more banks, trust companies or national banking associations located and authorized to do business in the State of New York. Said special bank account shall be designated the"Neighborhood Housing Initiative Account". All net proceeds from any Obligations shall be deposited in such special bank account. All funds in such special bank account shall, until duly expended, collaterally secure the Obligations. Withdrawal from the special bank account shall be made only to pay costs of the Initiative and as provided in Section 6(b)hereof or,to the extent that a balance shall remain in such special bank account after payment of all costs of the Initiative have been made, for the purpose of paying principal on the Obligations. Section 8. The members, officers, employees and agents of the Agency are hereby authorized and directed for and in the name and on behalf of the Agency to do all acts and things required or provided for by the provisions of the Obligations and the Initiative Agreement, and to execute and deliver all such additional certificates, agreements, instruments and documents, including the Tax and Arbitrage Certificate, pay all fees, charges and expenses and to do all such further acts and things as may be necessary, or in the opinion of the of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolution and to cause compliance by the Agency with all of the terms, covenants and provisions of the Obligations and the Initiative Agree binding upon the Agency. Section 9. A copy of this resolution, together with the form of the Initiative Agreement present to this meeting, shall be placed on file in the office of the Agency where the same shall be available for public inspection during regular business hours. Section 10. This resolution shall take effect immediately. 973640.3 RESOLUTION DATED , 2002. A RESOLUTION DESIGNATING ITHACA NEIGHBORHOOD HOUSING SERVICES AS THE QUALIFIED AND ELIGIBLE SPONSOR OF THE NEIGHBORHOOD HOUSING INITIATIVE PROGRAM. WHEREAS, by Articles 15 and 15-A, and Section 608 of Article 15-13, of the General Municipal Law of the State of New York, as amended (collectively, the "Act"), the Ithaca Urban Renewal Agency (the "Agency") was created with the authority and power to, among other things, provide for the acquisition, construction, reconstruction and equipping of certain projects and programs in accordance with the Act and to issue its revenue bonds to pay costs of such proj ects; WHEREAS, there has been submitted to the Agency a program known as the "Neighborhood Housing Initiative Program" (the "Initiative"), which Initiative has been approved by the Common Council of the City of Ithaca (the "City") and consists of (i) the acquisition of substandard residential properties, the renovation and reconstruction of such properties and the sale of such renovated and reconstructed properties to single family or duplex owner-occupants, the Initiative being designed as a demonstration project for the redevelopment of substandard properties to prevent the neighborhoods in which the same are located from deteriorating and becoming blighted and generally substandard, (ii) funding of the Initiative by the issuance of obligations of the Agency in a principal amount not to exceed $2,000,000 (the "Obligations"), which Obligations may be in the form of revenue bonds, revenue notes, revenue notes issued to renew notes previously issued and, or, revenue bonds issued to refund bonds previously issued, to pay costs of the Initiative, (iii) designating Ithaca Neighborhood Housing 993294.2 Services, a New York not-for-profit corporation and an IRS Section 501(c)(3) corporation ("INHS"), pursuant to Sections 556(2) and 507(2)(c) of the General Municipal Law and in accordance with established rules and procedures prescribed by the Agency, the "qualified and eligible sponsor" of the Initiative, and(iv) entering into an agreement by and between the Agency and INNS pursuant to which INNS will implement the Initiative; and WHEREAS, Sections 556(2) and 507(2)(c) of the General Municipal Law require that a public hearing, following at least ten days public notice,be held by the Agency on the question of designating the"qualified and eligible sponsor"; and WHEREAS, the City, pursuant to Article 8 of the Environmental Conservation Law and the regulations promulgated thereunder by the State Department of Environmental Conservation and the City of Ithaca Environmental Quality Review Ordinance, declared itself"lead agency" for the Initiative, determined that the Initiative, including the issuance of the Obligations to pay costs thereof, is an "Unlisted Action" and that the implementation and funding of the Initiative, as proposed,will not have any significant environmental effects upon the environment; and WHEREAS, on January 17, 2002, the Agency duly held said public hearing on the designation of INNS as the "qualified and eligible sponsor" of the Initiative after the requisite public notice; and WHEREAS, a majority of the Members of the Agency attended such public hearing; NOW, THEREFORE, BE IT RESOLVED,by the Members of the Agency, as follows: Section 1. Based upon the public hearing held at the Council Chambers, Third Floor, City Hall, in Ithaca,New York, on January 17, 2002 at 9:00 o'clock AM, Prevailing Time, on the 993294.2 question of designating INNS the "qualified and eligible sponsor" of the Initiative, it is hereby determined to designate INHS the "qualified and eligible sponsor" of the Initiative within the meaning of Section 507(2)(c). Section 2. The Chairman of the Agency is hereby authorized and directed to distribute copies of this Resolution to INNS and to do such further things and perform such acts as may be necessary or convenient to implement the provisions of this Resolution. Section 5. This Resolution shall take effect immediately. .....tT CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 yCORN. OFFICE OF THE CHAMBERLAIN �I�ATEO Telephone: 607/274-6580 Fax: 607/272-7348 - JAN 1 6 1002 U� To: Budget and Administration Committee From: Debra A. Parsons, City Chamberlain Re: Request to Amend Tax Bill Date: January 16, 2002 Tom and Bia Stavropoulos were billed for installation of new water and sewer service at 131 Haller Blvd. in October 1999, The bill was for$10,489.11. Payments were made against the bill during 2000,but ceased in October. The balance with accrued interest totaling$10,584.98 was added to the 2002 first installment tax bill. Ms. Stavropoulos is asking to have the bill removed from her taxes. She is prepared to make an immediate payment of$7,000, and will pay the remainder by a date to be set within the next two months. "An Equal Opportunity Employer with a commitment to workforce diversification." �� WHEREAS, a bill for installation of water and sewer services in the amount of $10,584.98 was added to the first installment of the 2002 City taxes for 131 Haller Boulevard, and WHEREAS, the owner of the property has asked to have the bill removed so that it may be paid separately from the taxes, and WHEREAS, the owner has committed to paying the bill in full no later than March 31, 2002,now therefore be it RESOLVED, that Common Council hereby authorizes the City Chamberlain to remove the $10,584.98 bill from the City First Installment tax bill for 131 Haller Boulevard, and be it further RESOLVED, that the owner be given an opportunity to pay the bill with applicable interest no later than March 31, 2002, and be it further RESOLVED, that the bill be added to the 2002 City Second Installment taxes if it is not paid by March 31, 2002. °..iTx CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 a 0 �► f..'� OFFICE OF THE CHAMBERLAIN �°bIlATEO Telephone: 607/274-6580 Fax: 607/272-7348 1` �lj_i; �Li Ii, JAN 1 6 i °f1U � ���2 7 . To: Budget and Administration Committee From: Debra A. Parsons, City Chamberlain Re: Certificate of Authority to Invest Funds at Fleet Date: January 16, 2002 Fleet requires the attached resolution in order to open a money market savings account. Currently,the rates offered for such accounts are running higher than those offered for fixed term investments,making it advantageous to the City to open one at Fleet. "An Equal Opportunity Employer with a commitment to workforce diversification." co CERTIFICATE OF AUTHORITY Legal Name of Business ("Depositor"): City of Ithaca Trade Name(if applicable) Principal Business Address: Debra A. Parsons 108 E. Green St. Business Type(Check One): ' NY 1:4850 Corporation _ Member-managed LLC _ Sole Proprietor _ Manager-managed LLC _ Limited Partnership — Unincorporated organization or _ Limited Liability Partnership association _ General Partnership _XXTown/Ciby/Municipality _Fiduciary(type): Other(specify): CHECK ONE: X Certification of Resolutions:The undersigned is authorized by the Depositor to certify,and herby does certify,that the Resolutions set forth below were properly adopted on February 6 2002 by the Depositor in accordance and conformity with the Depositor's governing documents, all agreements with third parties,and all laws applicable to the Depositor,have not been modified or rescinded, and are in full force and effect and binding on the Depositor. Adoption of Resolutions:The undersigned does hereby adopt the Resolutions set forth below,and certify that such Resolutions are in accordance and conformity with the Depositor's governing documents,all agreements with third parties,and all laws applicable to the Depositor. Resolutions RESOLVED:That Fleet Bank (the"Bank")be,and hereby is, designated a depository of funds of the Depositor,with authority to accept at any time for the credit of the Depositor deposits in checking,savings,money market savings,term or any other account,by whomsoever made in whatever manner endorsed;and RESOLVED:That the Bank shall not be liable in connection with the collection of such items that are handled by the Bank without negligence and the Bank shall not be liable for the acts of its agents,subagents or for any other casualty;and RESOLVED:That the Depositor assumes full responsibility for and shall indemnify the Bank against all losses,liabilities and claims resulting from payments,withdrawals or orders made or purported to be made in accordance with,or from actions taken in good faith and in reliance upon,these Resolutions:and Payment Orders RESOLVED:That the Bank be,and hereby is,authorized and directed to certify,pay or otherwise honor all checks,drafts,notes,bills of exchanges,acceptances,undertakings and other instruments or orders for the payment,transfer or withdrawal of money for whatever purpose and to whomsoever payable when such instruments and orders are properly made,signed,or endorsed by the signature,the actual or purported facsimile signature or the oral direction of any of the authorized signers below;provided,however, that any check,draft,note,bill of exchange,acceptance,undertaking or other instrument for the payment,transfer or withdrawal must bear the actual or purported facsimile signature of any (if no number is inserted,it shall be deemed to be one)of the authorized signers below;and RESOLVED:That any authorized signer acting alone be,and hereby is,authorized on behalf of the Depositor to endorse,negotiate and collect any and all checks,drafts,notes, bills of exchange,acceptances,undertakings and other instruments and to open and close and update information on any account of the Depositor at the Bank;and Funds Transfers RESOLVED:That any of the authorized signers below acting alone be,and hereby is, authorized on behalf of the Depositor to instruct,orally or by such other means as the Bank may make available to Depositor,the Bank to initiate the transfer of funds by wire,telex, automated clearinghouse,book entry,computer or such other means,and to execute agreements with the Bank for the transfer of funds from any of Depositor's accounts and to delegate from time to time to other persons the authority to initiate the transfer of funds from any such account;and Additional Resolutions RESOLVED:That the Bank may rely on any signature,endorsement or order and any facsimile signature or oral instruction reasonably believed by the Bank to be made by an authorized signer, and the Bank may act on any direction of an authorized signer without inquiry and without regard to the application of the proceeds thereof,provided that the Bank act!4n good faith;and RESOLVED:That the Depositor assumes full responsibility for and shall indemnify the Bank against all losses,liabilities and claims resulting from payments,withdrawals or orders made or purported to be made in accordance with,or from actions taken in good faith and in reliance upon,these Resolutions:and RESOLVED:The Bank may rely on this document and on any certificate by an authorized representative of the Depositor as to the names and signatures of the authorized signers of the Depositor until the Bank has actually received written notice of a change and has had a reasonable period of time to act on such notice;and RESOLVED:That the Depositor agrees to notify the Bank promptly and in writing of any change in(a)these Resolutions,(b)the identity of persons authorized to sign,endorse or otherwise authorize payments,transfers or withdrawals,(c)ownership of the Depositor or the Depositor's legal structure or status,including the Depositor's dissolution or bankruptcy,and RESOLVED:That any of the following named persons,or persons from time to time holding the following offices of the Depositor be,and hereby are,designated as the authorized signers to act on behalf of the Depositor in accordance with the above resolutions(fill in names of individuals or titles of officers): City. hamh rlain City Controller Deputy City Controller Certification The undersigned does further certify that the Depositor is duly organized and in good standing in the jurisdiction in which it is organized and that the signatures below represent the true and accurate signature of the person named below and that such person holds the title corresponding to such person's name: Name(Please print or type) Title(Please print or type) Signature Debra A. Parsons City Chamberlain Dominick Cafferillo City Controller Steven Thayer Deputy City Controller If the Depositor is a corporation,each individual executing this document certifies and warrants that s/he is duly authorized to act on behalf of the corporation in all matters pertaining to its rights,responsibilities and activities in connection with the foregoing,including but not limited to executing this document on behalf of the Depositor.If the Depositor is a limited liability company or partnership,each individual executing this document certifies and warrants that the undersigned are all of its members,managers or general partners,as the case may be. IN WITNESS WHEREOF,I/we have signed this certificate on the day of (Signature and Title) (Signature and Title) (Signature and Title) (Signature and Title) NOTE:If only one person signs the above certification and that person is authorized to act by the above resolutions,this certificate must be confirmed by another authorized representative of the Depositor. (Not applicable if the Depositor is a sole proprietorship and the sole proprietor signs the document.) CONFIRMED By: (Signature and Title) Date 15537 Rev 6/00 PK 50 Youth Bureau - Request Approval of Recreation Partnership Agreement RESOLVED, That the Mayor be authorized to enter into an agreement with the Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield and Ulysses, the Village of Lansing and Tompkins County for the term beginning January 1, 2001 and continuing indefinitely for the Intermunicipal Cooperative Recreation Partnership Agreement attached. CITY OF ITHACA V~ � 1 James L. Gibbs Drive Ithaca, New York 14850 � 1 yP A. YOUTH BUREAU .. .. .•• � APo�?�0 Telephone: 607/273-8364 Fax: 607/273/2817 DATE: January 18, 2002 TO: Members of the Budget and Administration Committee FROM: Alice Green, IYB Acting Director RE: Request to include Recreation Partnership Terms of Agreement On the Jan. 23, 2002 B &A Agenda Last month, when you passed a several items related to the Recreation Partnership, the Inter-municipal Terms of Agreement was held up, due to last minute questions from the county about language on hiring a program coordinator. This week the County Board of Representations passed a language revision, which is agreeable to the Recreation Partnership Board. We are requesting approval of the revised Terms, which define a new arrangement of the original 1995 partnership beginning in 2001. The new version of the Partnership provides cooperative funding for recreation programs, but not for city-owned recreation facilities. (Ownership and support for the Waterfront Parks are the subject of a separate, city-town- county study. ) The amended language regarding hiring an independent coordinator appears on page five (5), lines twelve(12)through twenty(20). Thanks again for your ongoing support of these inter-municipal efforts. "An Equal Opportunity Employer with a commitment to workforce diversification." i,� 1 AGREEMENT FOR INTERMUNICIPAL COOPERATIVE 2 RECREATION PARTNERSHIP 3 4 Pursuant to Section 119-o of the General Municipal Law, the undersigned municipalities 5 hereby enter into this Agreement to form a Recreation Partnership. 6 This agreement shall become effective upon execution by each and every municipality 7 listed in below and shall continue indefinitely. If all of the approvals and signatures are not 8 obtained by March 31,2002 this agreement shall be null and void. 9 Establishing a Program 10 The parties hereby establish an on-going program partnership for the purpose of 11 jointly planning, financing, providing, and coordinating shared, recreational services that 12 supplement and complement those offered by localities. A governing board of partners will 13 direct and oversee the contracted services of the Ithaca Youth Bureau's Recreation Division 14 and other providers. The Partnership will be governed independently of any municipality. 15 The Partnership will have no authority over any locally planned, locally funded, and locally 16 operated programs except at the request of the sponsoring municipality. Local programs may 17 choose to use the Partnership as a vehicle for voluntarily sharing information, equipment, 18 publicity about programs, and/or coordinating their respective services. The Ithaca City 19 School District participates by providing access to school facilities for Ithaca Youth Bureau 20 programming in a reciprocal and mutually beneficial arrangement outlined in a Memorandum 21 of Understanding. 22 23 Sharing Program Costs 24 25 For 2001, the Ithaca Youth Bureau, in consultation with the current Recreation 26 Partnership Board, developed a diverse set of services that cost no more than $185,000 after 27 program revenues were subtracted. This required a combined approach of increasing 28 sponsorships, raising fees, trimming costs and reducing new offerings since the projected cost 29 for 2001 was originally $195,000. I The $185,000 in net operating costs of programs was split four ways. The City of 2 Ithaca paid one quarter of the total, the Town of Ithaca paid one quarter, and the County paid 3 one quarter. The remaining one-quarter was shared among smaller municipalities. 4 The cost for each smaller municipality was calculated using an index that combined 5 the 1999 assessed value of its taxable properties in the Ithaca School District and its share of 6 program participation in 1998. The Planning Group selected this formula, which assigns the 7 assessed value twice the weight of participation, for several reasons. First, the use and 8 weighting of assessed value was used as a measure of each municipality's ability to pay for 9 services. Second, the formula recognizes that children from the Ithaca City School District 10 have been significant users of the services and a number of municipalities have been 11 concerned about providing equitable support to all their youth. Third, the use of Ithaca City 12 School District properties as opposed to the municipalities' full assessment, acknowledges 13 that towns like Dryden, Ulysses, Groton, and Lansing also invest significantly in their own 14 local recreation programs which are used primarily by children from their own school 15 districts. Finally, by assigning a heavier weight to the assessed values of properties in the 16 Ithaca School District, the amounts in this fiscal scenario resulted in more modest changes 17 over the current amounts than most of the other formulas considered. A chart outlining 2001 18 and 2002 proposed costs is attached as Appendix 1. 19 20 21 To determine future contributions: 22 23 A) The governing board shall review preliminary budget projections by May and 24 decide on the acceptable net program cost for the upcoming year; 25 26 B) The governing board shall develop budget guidelines for allocating the cost of any 27 agreed upon increases. e.g. The governing board may specify how much of the 28 increase should be raised through fee increases, how much is to be raised through 29 sponsorships, how much through cost cutting, and how much should be subsidized 30 by partners; 31 32 C) Every year, the participation rates of the three previous years shall be reviewed, 33 averaged and used along with the most recent assessed valuation to re-calculate the 34 members' contribution rate for the upcoming year; 35 36 D) The governing board shall periodically re-examines the basis for cost allocation 37 (e.g. The 4 way split and the use of the index with smaller municipalities) for all 38 participating municipalities. 2 1 2 If the City is not able to achieve an acceptable facilities agreement by July 1, 3 2002, the City Youth Bureau, as a provider, reserves the right to re-negotiate the 4 facility costs charged to partners for Ithaca Youth Bureau Recreation Division 5 Programs beginning in January 2003. 6 7 8 Governance 9 10 Name: The governing board shall be called the Recreation Partnership Board. It will 11 replace the Recreation Partnership Board that existed from 1995-2000. 12 Membership: The board shall have a total of 14 members. The partners include: 13 Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield and Ulysses, the 14 Village of Lansing, City of Ithaca and Tompkins County. Each participating municipality 15 will have at least one seat on the governing board (11). The Recreation Planning Group 16 recommends that these seats be filled with an elected official willing and able to make policy 17 decisions. When deemed necessary by any municipality, a lay designee who has the 18 confidence of that municipal board may be appointed. 19 In addition, the City of Ithaca, the Town of Ithaca, and Tompkins County may appoint 20 one more representative each to reflect their greater investment in the Partnership (3). These 21 additional appointed representatives may be elected or lay members. The Recreation 22 Partnership Board may determine if it wants to create any non-voting at-large seats to add 23 expertise or coordinating links to other key stakeholder groups e.g. Ithaca School District, 24 youth with disabilities. 25 Members will serve two-year terms. 26 The governing board will elect its own officers: a Chair, a vice chair, and a treasurer. 3 1 Roles of the Recreation Partnership Board 2 3 The Recreation Partnership Board will develop its own operating by-laws to be ratified 4 by all municipal partners. Future amendments will be subject to ratification by all 5 participating municipalities. 6 The Board will develop a work plan of key policy, program, and planning issues to be 7 addressed annually. 8 The Board will select providers, set program and budget priorities, and approve the net 9 operating budget for programs, set fees for all programs and sponsorships and fiscal targets 10 and guidelines for scholarships for use by the provider(s). Municipal boards will ratify the 11 budget annually. 12 The Board will meet monthly to review progress toward goals, address policy 13 questions, review performance data, and finances to assure that provider(s) are meeting the 14 goals and expectations of the partners. 15 The Board will authorize any addition or deletion in programs and acceptance of any 16 large group sponsorships. 17 The Board will periodically evaluate the performance of its providers and make 18 recommendations to enable providers to improve services 19 The Board may assign a liaison to program advisory committees to work with the 20 group and staff to identify any policy questions that need action by the full governing board. 21 Recreation Partnership Board representatives will be required to make regular reports 22 to their municipalities. 23 Roles of officers 24 25 The Chair shall develop the agenda in consultation with the Tompkins County Youth 26 Bureau staff and providers, chair the meetings, represent the Recreation Partnership Board at 27 inter-municipal or public meetings, assist as needed in contract negotiations to implement the 28 wishes of The Recreation Partnership Board. 29 The Vice Chair shall act in the absence of the chair. 4 I The Treasurer will work with the provider(s) and Tompkins County Youth Bureau 2 staff to develop a format for regular financial reports that meet the needs of the Recreation 3 Partnership Board. The Treasurer will review the financial report prior to the Board meetings 4 and present the report to the full Board, noting any significant changes in expenses or 5 revenues. The Treasurer will recommend to the Board a budget timetable and guidelines to 6 enable providers to prepare budgets for the upcoming year. 7 Fiscal agent and staff support: The participating municipalities will make their 8 payments to Tompkins County. The funds will be managed as a separate program within the 9 Tompkins County Youth Bureau's budget. The County Youth Bureau will contract with and 10 make payments to providers authorized by the Recreation Partnership Board. 11 12 It is a goal of the Recreation Partnership Board to establish a program coordinator position 13 that would exist independent of any individual participating municipality. Within two years 14 of signing the agreement, the Recreation Partnership Board will develop a proposal that 15 includes the role and relationship of the coordinator to the partnership board, its members and 16 providers, the duties and qualifications of the position, the cost to members, and designate the 17 employer of record. The proposal shall be reviewed by all participating municipalities. 18 Staff from the Tompkins County Youth Bureau will work in close cooperation with 19 the Recreation Division of the Ithaca Youth Bureau and other providers to provide support to 20 the Recreation Partnership Board that includes: 21 • coordination of orientation to the Partnership and its services; 22 . orientation to the roles of the Recreation Partnership Board and its members; 23 • assistance in developing an annual work plan of priority planning, oversight, and 24 evaluation issues; 25 • assistance in developing policy options and guidelines as needed to implement the 26 work plan; 27 • preparation of meeting agendas in consultation with the Board chair and providers; 28 • preparation of minutes; 29 • preparation of contracts with providers as authorized by the Recreation Partnership 30 Board; 31 • coordination with the providers to assure that program and financial reporting meets 32 the needs of the Recreation Partnership Board; 33 • coordination with providers to assure that their program policy questions that require 34 Board decisions are acted on in a timely way; 35 • authorization of payments after Board review of expenses; 36 • assistance to the Board in monitoring and evaluating providers, as requested. 5 I The provider(s) will be responsible for: 2 3 • providing the programs and services authorized by the Recreation Partnership Board in 4 compliance with all relevant laws and safety regulations; 5 • providing a summary of participation, program highlights, participant feedback, 6 expenses and revenues for each program within two months after the last date of the 7 provision of service to enable the Board to evaluate the program and make 8 recommendations for the future; 9 • convening advisory groups as needed to review operational details of interest to 10 participants; 11 • providing adequate liability coverage for approved programs and holding the 12 participating municipalities harmless 13 • tracking and reporting expenses and revenues in formats requested by the Recreation 14 Partnership Board, in account(s) separate from the provider's main budget; 15 • tracking participation in formats and on a schedule requested by or acceptable to the 16 Board; 17 • periodically highlighting any trends or significant changes in programming, 18 participation, customer feedback, expenses or revenues for the Recreation Partnership 19 Board; 20 • recommending programs or changes to improve services and/or lower costs; 21 • working with the Tompkins County Youth Bureau to present any policy questions and 22 options related to programs or financing that require Board action. 23 24 FISCAL AND ADMINISTRATIVE ACCOUNTABILITY 25 Independence: The Partnership will be a free-standing inter-municipal commission 26 governed by its partners. 27 Role and Relationship of the City of Ithaca: In the past, the City of Ithaca has been a 28 member, the sole provider, coordinator, and the fiscal agent for the partnership. In the future, 29 the City will be a member responsible for one quarter of the program costs. Like other 30 members, it will make a payment to Tompkins County for its share of the approved budget. 31 Like Tompkins County and the Town of Ithaca, it will have two seats on the governing board. 32 Like other members, it may ask or convene local advisory committees to recommend the 33 kinds of recreation services they want for the residents of their own municipality. 34 As a provider selected to operate programs for the next two years, the City of Ithaca 35 will hire/contract staff as needed within the approved budget to provide services authorized by 36 the Recreation Partnership Board. The Ithaca Youth Bureau will be subject to normal civil 37 service rules and procedures and to approved collective bargaining agreements. As a provider, 38 the City will use its own facilities and may enter into agreements with other municipal 39 partners or agencies to use other facilities throughout the partnership for approved programs. 6 I As a provider, the City will keep separate account of partnership funds and report in a 2 format and on a timetable requested by the Recreation Partnership Board. 3 Role of Tompkins County: Tompkins County is the fiscal agent for the Partnership. 4 The County shall provide bills to the municipalities based on the agreed upon cost allocation 5 and shall receive funds from the municipalities. 6 The County Youth Bureau will administer those funds in accordance with the wishes 7 of the Recreation Partnership Board by creating and managing contracts with designated 8 providers and making approved payments to providers. The providers will continue to be 9 responsible for tracking line item expenses and program revenues and will provide this 10 information in a format required by the Recreation Partnership Board. 11 Fiscal accountability 12 As a condition of this agreement, designated provider(s) will maintain completely 13 separate accounting for the Partnership that clearly shows all revenues by program, cluster and 14 total; that shows all expenses, including direct, administrative, and facility-related costs by 15 program, cluster and total. 16 The providers must be able to track surpluses and deficits across budget years. 17 The providers will prepare financial reports in a format that satisfies the governing 18 board which includes proposed budget,year to date cumulative expenses and revenues. 19 The providers will also identify any potential for under or over-spending in the 20 upcoming quarter so the governing board can make decisions on how to address changes. 21 How surpluses and deficits will be handled 22 The Recreation Partnership Board will decide how unanticipated under-spending or 23 surpluses will be handled. For example, a surplus or savings might be carried over for one- 24 time program expenses, reserved for future deficits, used to pilot new self-supporting 25 programs, used as credits to reduce next year's municipal payments or budgeted into a reserve 26 fund for equipment/vehicle replacement. 27 A provider may experience a deficit from shortfalls in revenue despite its due 28 diligence in trying to meet projections or unanticipated increases in costs. If this occurs, the 7 I Recreation Partnership Board will, in consultation with the provider, develop a plan to handle 2 the deficit which may include: authorizing mid-year changes to increase revenue or cut costs; 3 authorizing use of a contingency fund. 4 How Municipalities Join or Leave the Partnership 5 The Towns of Lansing and Newfield may join the Partnership on a trial basis for one 6 year starting in 2001 at the costs shown in Appendix 1. During the trial period, they would 7 not be subject to the member withdrawal requirements listed below. If they elect to join, they 8 will be invited to appoint one elected official or designee to serve on the Partnership Board. 9 If any municipality chooses to join after October 2001, the Recreation Partnership 10 Board will decide how to handle the increased municipal contribution for the trial period. 11 After the trial year, the cost-sharing formula will be re-adjusted for all continuing partners. 12 A member municipality may elect to withdraw from the Partnership. Since a 13 withdrawal from the Partnership will financially affect all of the remaining partners, the 14 municipality seeking to withdraw must give fifteen months notice. E.g. A municipality must 15 notify the Partnership by October 1, 2001 of its intention to withdraw at the end of December 16 2002. 17 If a municipality withdraws and the remaining partners agree to assume some or all of 18 the shortfall caused by the withdrawal, the same cost allocation plan shall be used to re- 19 calculate their annual program contributions. 20 Participation in Programs by Residents on Non-Member Municipalities 21 Residents from non-member municipalities are welcome to participate on a space- 22 available basis. Since they are not contributing through local taxes to subsidize the programs, 23 they will be charged a fee twice the rate charged to members OR the actual unsubsidized cost, 24 based on the prior year's calculation, whichever amount is higher. 25 26 Dated: 12002 27 28 29 TOWN OF CAROLINE 30 31 32 by 8 I TOWN OF DANBY 2 3 4 5 by 6 7 8 TOWN OF DRYDEN 9 10 11 12 by 13 14 TOWN OF ENFIELD 15 16 17 18 by 19 20 TOWN OF GROTON 21 22 23 24 by 25 26 TOWN OF ITHACA 27 28 29 30 by 31 32 TOWN OF NEWFIELD 33 34 35 36 37 BY 38 39 40 41 TOWN OF ULYSSES 42 43 44 45 46 by 47 9 I VILLAGE OF LANSING 2 3 4 5 6 by 7 8 9 10 CITY OF ITHACA 11 12 13 14 15 by 16 17 18 COUNTY OF TOMPKINS 19 20 21 22 by 10 Attachment 1 Cost Sharing Plan for Recreation Partnership Municipal Members In the plan agreed to by all eleven participating municipalities, the cost to partners is calculated by subtracting all fees and other revenues from the cost of providing registration- based programs approved by the Partnership Board. Note: This net cost does not include the operating costs of facilities offering open skating, swimming. The net cost is to be shared according the following formula: City of Ithaca shall pay one quarter. Town of Ithaca shall pay one quarter. Tompkins County shall pay one quarter to underwrite the cost to all municipalities. Smaller municipalities shall share the remaining one-quarter. Formula for sharing one quarter of the net cost of programs among smaller municipalities: The following figures were calculated using an index of assessed value of taxable properties in the Ithaca City School District and the percentage of participation from each municipality. As approved by the Recreation Partnership Planning Group and Board, property assessments were assigned a value of twice that of participation. (Detailed calculations are on file at Tompkins County Youth Bureau) For 2001, the 1998 assessed values were used with 1998 participation. For 2002, the 2000 assessed values were used with an average of participation in 98,99,2000 Partner 2001 2002 City of t aca $46,25U $47,638 own of aca , omp ms County $46,25U $47,638 own of aro ine , Town of any $7,622 $7,679 Town ot Dryden , Town of n ie , own ot Uroton 434 $ 414 Village of ansing $11,046 1,512 own of e ie (pro-rated) Town of ysses $5,972 $6,085