HomeMy WebLinkAbout09-28-11 City Administration Committee Meeting AgendaCITY ADMINISTRATION COMMITTEE
Wednesday, September 28, 2011
5:00 PM
Please note change in time
COMMON COUNCIL CHAMBERS
AGENDA
1. Chairperson Greeting & Opening Statement
2. Announcements
3. Agenda Review and Amendments
4. Approval of Minutes
5. Statements from the Public
6. Employee Comments
7. Common Council Response
8. Workforce Diversity Committee
9. Safety Committee
10. Diversity Actions Report
Clerk’s Office - September
Chamberlain’s Office – October
Police Department - November
11. Mayor’s 2012 Budget Updates
12. Common Council
12.1 A local law to override the tax levy limit established in General Municipal Law –
Resolution
12.2 Resolution to Cornell University Administrators Regarding the Change in Status for
the Africana Studies and Research Center - Resolution
13. Planning and Development
13.1 Request to Approve Funding Match for TIGER III (Transportation Investment
Generating Economic Recovery) Grant Application - Resolution
14. Fire Department
14.1 Resource Recovery Legislation - Discussion
15. Human Resources
15.1 Director’s Report
16. Finance/Controller’s Office
16.1 Refunding Bond Resolution
16.2 Request to Amend 2011 Budget for Various Reimbursements - Resolution
16.3 Controller’s Report
17. Reports
17.1 Mayor’s Report
17.2 Sub-Committee Updates
17.3 Council Members’ Announcements
17.4 Next Month’s Meeting: October 26, 2011
CITY CLERK’S OFFICE 2011 DIVERSITY REPORT
Department Mission: To act as the City's Ombudsman, connecting the citizens
with the information and services they need; to promote an open and informative
government structure; to protect the City's history while preparing for the future.
Department Demographics:
Total Staff: 3
Women employees: 3
Men employees: 0
Employees of Color: 0
Caucasian employees: 3
Employees with Disabilities: 2
The City Clerk’s Office has not had a vacancy in the past 8 years.
Attrition (next 2-5 years):
The City Clerk’s Office has 1 employee who would be eligible for retirement
within the next 2 years; however, they have indicated that they will work for at
least another 4 years.
Selected Diversity Attribute/Measurement and Progress:
In 2011 the City Clerk’s Office worked on portions of 3 of the Workforce Diversity
Plan Attributes:
4.) Accommodation for Individuals with Disabilities
The City Clerk’s Office assists individuals who have disabilities
on a daily basis by providing access to city facilities and
programs and the issuance of handicap parking permits.
We provide staff support to the Disability Advisory Council and
many of their initiatives.
We provide internal office accommodations to support physical
disabilities and different learning styles of staff.
We work actively with the Finger Lakes Independence Center
and attend meetings/trainings to improve information sharing
and learning opportunities
5.) Development and Implementation of Programs to Promote Diversity
and Inclusion
As the City Clerk’s Office experiences very little staff turn-over,
our opportunity to promote diversity and inclusion in the
workplace comes from hiring contractors for temporary
assignments. This year we had the pleasure of hiring 3 people
to conduct a city-wide dog enumeration. All three contractors
were people of color.
The City Clerk’s Office was proud to open on Sunday, July 24,
2011 to issue marriage licenses to couples of the same sex on
the first day in New York’s history that it became legal to do so.
The City Clerk’s Office developed a gender neutral wedding
ceremony booklet for the use of the Mayor and City Marriage
Officers.
The City Clerk coordinates the City’s Special Events Team
which has an opportunity to assist event organizers in
developing and providing a number of festivals and cultural
events that highlight and celebrate various ethnicities. The City
Clerk received a Certificate of Appreciation from the Latino Civic
Association & No More Tears and had the honor of “Dotting the
Eyes of the Dragon” for her role in the special event planning
process.
6.) Demonstrated Commitment to Continuous Learning
In 2011 one employee attended the Undoing Racism Course.
The City Clerk previously attended the course. We hope the
course will be offered again so that the remaining staff person
can attend.
The City Clerk co-developed and co-facilitated a training course
on emergency preparedness for people who have disabilities.
The City Clerk will attend, and will promote/encourage the
attendance of other emergency responders, the “Disability
Awareness for Municipalities” training course being offered this
Fall.
12. Common Council
.1 A local law to override the tax levy limit established in General Municipal Law
Local Law No. _________ of the year 2011
City of Ithaca, County of Tompkins, New York
A local law to override the tax levy limit established in General Municipal Law §3-c
Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year
commencing January 1, 2012 that requires a real property tax levy in excess of the “tax levy
limit” as defined by General Municipal Law § 3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which
expressly authorizes a local government’s governing body to override the property tax cap for
the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%)
of said governing body.
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2012 that requires a real
property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or
the application thereof to any person, firm or corporation, or circumstance is invalid or
unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the
remainder of this local law, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, or part of this local law or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy in which such judgment
or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
12. Common Council
.2 Resolution to Cornell University Administrators Regarding the Change in Status for the
Africana Studies and Research Center
WHEREAS, Cornell University is responsible for providing a world-class education for its
students who come from places across this country and from around the globe, and
WHEREAS, the founding of the Cornell’s Africana Studies and Research Center (ASRC) in
1969 was born from the proclaimed and generally agreed-upon terms of providing a safe
intellectual, physical, and social space for Black students during a period of overt hostility
towards the university’s students of color, and
WHEREAS, the original institutional structure of ASRC as a cross-disciplinary and
intercollegiate unit has been intentionally designed by the university administration to help it
advance its unique intellectual, cultural, and scholar-activist goals, and
WHEREAS, Cornell has had to make multiple adjustments in both its budget and operations in
order to sustain itself and its mission through the turbulent economic times this country continues
to face, and
WHEREAS, the City of Ithaca Common Council recognizes the very difficult choices facing
Cornell’s administration as it continues to deal with the current negative budget climate, and
WHEREAS, while acknowledging that Cornell’s top administration, its Board of Trustees, and
the City’s Mayor and Common Council are separate entities, Common Council also recognizes
that decisions made by one body may have ramifications on areas of responsibility of the other,
and
WHEREAS, on December 1, 2010, the president and the provost of Cornell handed down a
decision to significantly alter the institutional structure of the ASRC, transforming it from a
stand-alone intercollegiate unit that reports directly to the Office of the Provost into an academic
entity absorbed into Collage of Arts and Sciences at Cornell; on June 2, 2011, Cornell Provost
Ken Fuchs announced that the administration would move forward with implementing its plan to
move ASRC administratively under said college; and that on August 29, 2011, the Dean of Arts
and Sciences announced the appointment of interim leadership at Africana, leadership said to not
have the support of a majority of the faculty at Africana, and
WHEREAS, many members of ASRC’s faculty, students, and staff have said publicly that: they
had no prior knowledge of the initial decision to move ASRC administratively; that evidence
points to disclosure to faculty elsewhere on the campus; that evidence suggests the initial
decision-making process intentionally excluded many ASRC’s members; and that they continue
to request a meaningful dialogue and involvement with Cornell administrators, and
WHEREAS, Cornell’s administration did meet with several groups to discuss the proposed
realignment, limitations of the current structure, and the merits of the proposal for ASRC and
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
other aspects of Cornell’s academic entities in the months just prior to the announced
implementation, and
WHEREAS, people potentially affected by the proposed restructuring continue to ask to have
input in the concept and not be limited to discussing its implementation, and
WHEREAS, for over 42 years, and as this nation’s first such institution, ASRC’s unique
intercollegiate status has stood as a model to other Africana ethnic studies programs across the
nation and the globe, yet it feels denied in having any meaningful say in its continued destiny,
and
WHEREAS, a part of that model has been the building of bridges and bonds during those 42
years between ASRC’s faculty, staff, and students with communities within the City of Ithaca,
which has helped further enhance the names of both ASRC and Cornell across our local
community, and
WHEREAS, the stellar reputations of Cornell and many institutions within it, including ASRC,
attract scores of people to the university and the City of Ithaca – be they students, their families,
faculty, or staff – to “live, learn, work, play, create, and dream,” which stimulates our local
economy repeatedly during any year, and
WHEREAS, a number of said people decide whether to live in Ithaca year round, some
permanently, based on their Cornell-in-Ithaca experience, and
WHEREAS, Cornell has built a great reputation as a developer of leadership through
empowerment and has stated that its restructuring would be done in collaboration with those
directly involved in any change; now, therefore be it
RESOLVED, That the City of Ithaca Common Council respectfully requests that the top
administration of Cornell University consider all of the implications of its re-alignment of the
Africana Studies and Research Center, and be it further
RESOLVED, That given Cornell’s decision to move ahead with implementation, Common
Council still encourages Cornell’s administration to commit itself to an open process with the
support of the majority of ASRC’s faculty in selecting its permanent leadership and strongly
recommends that ASRC’s faculty be included, with all due respect as would any other involved
academic department, fully in the process of restructuring ASRC, and be it further
RESOLVED, That a copy of this resolution be sent to Cornell University President David J.
Skorton, Provost W. Kent Fuchs, ASRC Directors, and the members of Cornell’s Board of
Trustees.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
13. Planning and Development
.1 Request to Approve Funding Match for TIGER III (Transportation Investment
Generating Economic Recovery) Grant Application
WHEREAS, the United States Department of Transportation (USDOT) has announced the
availability of funds in the TIGER III Discretionary Grants (TIGER III) program, which notice
was published in the Federal Register on August 12, 2011, and
WHEREAS, Common Council is interested in applying for a TIGER III grant so as to make a
large investment in the transportation system in the central business district in order to maintain a
state of good repair, to make the downtown a more livable and sustainable environment, to
strengthen the City of Ithaca’s position as a hub for the county and region, and to encourage and
support economic activity in the City, and
WHEREAS, staff from the Department of Planning and Development have begun scoping a
grant eligible project to include, but not be limited to, the following components:
Develop the Commons as a Central Transit Hub
Rebuild of the Commons Pedestrian Street
Develop a Digital Bus Terminal with Real Time Passenger Information
Develop a Rapid Transit Spine, including a Trolley Line running up East
State/MLK Jr. Street, and que jumping and signal preemption for busses and
emergency vehicles,
Installation of bicycle racks, bicycle lockers, wayfinding signage, and electric
vehicle plug-in stations in the downtown
; now, therefore be it
RESOLVED, That the Mayor of the City of Ithaca, or her designee, is hereby authorized to
submit a TIGER III application for funding to the United States Department of Transportation in
accordance with the provisions of the Notice of Funds Available, in a amount not to exceed
$19,000,000, and upon approval of said request to enter into and execute a project agreement
with USDOT, or its designee, for such financial assistance to the City of Ithaca for design, right-
of-way acquisition, construction and construction inspection of the TIGER III application as
submitted by the Mayor and approved by USDOT, and be it further
RESOLVED, That Common Council hereby makes a commitment of funds, contingent upon an
award of funds from the TIGER III program and environmental review, in an amount not to
exceed $3,400,000, which funds will be derived from serial bonds.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: September 20, 2011
Re: TIGER III Grant Application
The purpose of this memo is to provide information regarding the TIGER (Transportation
Investment Generating Economic Recovery) Grant.
On June 30, 2011, the US Department of Transportation announced that $526,944 million
in funding was being made available through the TIGER III competitive grant program.
This program provides funding for up to 80% of project costs for innovative
transportation projects that will create jobs and have a significant impact on the nation, a
region or a metropolitan area. The criteria for grant selection include: State of Good
Repair and minimizing life-cycle costs, economic competitiveness, fostering livable
communities, improving energy efficiency, reducing greenhouse gas emissions and
benefitting the environment, improving safety, encouraging retention and creation of
jobs, and demonstrating a strong collaboration among a broad range of participants
and/or integration of transportation with other public service efforts.
Staff has begun scoping out a project that would include the Commons as the Central
Transportation hub for various transit downtown improvements, including a possible
trolley line going up East State/MLK Jr. Street. If funded, the project will require a
minimum of a 20% local match.
The project being considered would create a multi-modal transportation district
consisting of interconnected elements that would create strong transit linkages between
the downtown, Collegetown, and Cornell. The district is being proposed to include the
following:
Commons Modifications -The planned repairs will open up the center of the
Commons and change the current layout in order to remove obstacles for
emergency access and allow for easier early morning vehicular deliveries on the
Commons. These repairs will require replacement and upgrade to underground
utilities located in the center of the Commons. The planned repairs will also
enhance livability and safety on the Commons by improving visibility, lighting,
and comfort.
Trolley MLK Downtown/Cornell Line - This project proposes to install
approximately one mile of trolley tracks beginning on the Commons on Aurora
Street and continuing up East Martin Luther King Jr./State Street, making a left
onto Eddy Street, continuing to the intersection of Cascadilla Place at the base of
Collegetown and Cornell University.
Commons and Collegetown/Cornell Trolley Stations and Turntables - The project
would also construct two trolley turntables, one on the Ithaca Commons at the
Aurora Street Station and one at the base of Collegetown at the Eddy
Street/CascadillaPlace Intersection. The turntable would allow the trolley train to
reverse directions and return to the Commons without requiring a large turning
radius. The turntable would be flush with the ground and could be walked over,
when it is not in use. This could enhance the pedestrian improvements that were
called for as part of the “2009 Collegetown Urban Plan and Conceptual Design
Guidelines.”
Commons Interactive Digital Bus Terminal- . The planned improvements to the
central transportation district would include the construction of a digital
transportation terminal board in the center of the Commons. This terminal board
would feature accurate and regularly updated information of arrival times and bus
routes, as well as information in multiple languages, to accommodate Ithaca’s
increasingly multilingual population. This would also include proper way finding
signage directing patrons to various TCAT bus stops surrounding the Commons.
Queue Jumping and Signal Preemption - Queue jumping and signal preemption
technology allow for public transit and emergency vehicles to have longer green
lighting times than other vehicles. This not only allows for more efficient service,
but cuts down on potential vehicular collisions with busses that are pulling out from
the curb, or emergency vehicles moving at elevated speeds. In order to ensure the
most efficient public transportation system possible, queue jumping is essential.
Increasing the efficiency of public transit encourages less reliance on single
occupancy vehicles, thereby reducing congestion and carbon emissions. This
project calls for the installation of preemption technology in the signals on Green,
Seneca, and Martin Luther King Jr. /State Streets surrounding the Ithaca Commons.
It would also provide an upgrade to the systems within TCAT buses to allow
drivers to remotely queue traffic lights.
Enclosed for your consideration is a resolution authorizing the City to provide a local
match of 3.4 million dollars, if it awarded the funds. If you have any concerns or
questions regarding any of this information, feel free to contact me at 274-6410.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
16. Finance/Controller’s Office
.1 Refunding Bond Resolution
REFUNDING BOND RESOLUTION
At a regular meeting of the Common Council of the City of Ithaca, Tompkins County,
New York, held at the Common Council Chambers, City Hall, in Ithaca, New York, in said City,
on the 15th day of October, 2011, at ________ o'clock P.M., Prevailing Time.
The meeting was called to order by _______________________________________, and
upon roll being called, the following were
PRESENT:
ABSENT:
The following resolution was offered by Councilperson __________________________,
who moved its adoption, seconded by Councilperson _________________________, to-wit:
REFUNDING BOND RESOLUTION DATED OCTOBER 15, 2011.
A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO
SECTION 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS
OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO BE
DESIGNATED SUBSTANTIALLY “PUBLIC IMPROVEMENT (SERIAL)
BONDS”, AND PROVIDING FOR OTHER MATTERS IN RELATION
THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED
THEREBY.
WHEREAS, the City of Ithaca, Tompkins County, New York (hereinafter, the “City”)
heretofore issued an aggregate $5,152,750 Public Improvement (Serial) Bonds, 2001, pursuant to
various bond resolutions and a bond certificate dated January 9, 2001 (the “2001 Bond
Certificate”), to pay the cost of the various City improvements, as further described therein, such
Public Improvement (Serial) Bonds, 2001, being dated January 15, 2001 and maturing or
matured on January 15 annually (the “2001 Refunded Bonds”); and
WHEREAS, the City heretofore issued an aggregate principal amount of $9,486,681
Public Improvement (Serial) Bonds, 2004, pursuant to various bond resolutions and a bond
certificate dated December 18, 2003 (the “2003 Bond Certificate for the 2004 Bonds”), to pay
the cost of the various City improvements, as further described therein, such Public Improvement
(Serial) Bonds, 2004, being dated January 15, 2004 and maturing or matured on January 15
annually (the “2004 Refunded Bonds”); and
WHEREAS, the City heretofore issued an aggregate principal amount of $6,285,947
Public Improvement (Serial) Bonds, 2004 Series B, pursuant to various bond resolutions and a
bond certificate dated July 14, 2004, (the “2004B Bond Certificate”, together with the 2001
Bond Certificate and the 2003 Bond Certificate for the 2004 Bonds, the “Respective Bond
Certificates”), to pay the cost of the various City improvements, as further described therein,
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
such Public Improvement (Serial) Bonds, 2004 Series B, being dated August 1, 2004 and
maturing or matured on August 1 annually (the “2004B Refunded Bonds”); and
WHEREAS, the 2001, 2004 and 2004B Refunded Bonds are hereinafter sometimes
referred to collectively as the “Refunded Bonds”; and
WHEREAS, it would be in the public interest to refund all, or one or more, or a portion
of one or more, of the $1,860,000 outstanding principal balance of the 2001 Refunded Bonds
maturing in 2012 and thereafter, the $5,455,000 outstanding principal balance of the 2004
Refunded Bonds maturing in 2012 and thereafter, and the $4,035,000 outstanding principal
balance of the 2004B Refunded Bonds maturing in 2012 and thereafter, each by the issuance of
refunding bonds pursuant to Section 90.10 of the Local Finance Law; and
WHEREAS, each of such refundings will individually result in present value savings in
debt service as so required by Section 90.10 of the Local Finance Law; NOW, THEREFORE,
BE IT
RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New
York, as follows:
Section 1. For the object or purpose of refunding the outstanding aggregate principal
balance of the Refunded Bonds, including providing moneys which, together with the interest
earned from the investment of certain of the proceeds of the refunding bonds herein authorized,
shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate
amount of unmatured interest payable on the Refunded Bonds to and including the date on which
the Refunded Bonds which are callable are to be called prior to their respective maturities in
accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses
incidental to the issuance of the refunding bonds herein authorized, including the development of
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
the refunding financial plan, as hereinafter defined, compensation to the underwriter or
underwriters, as hereinafter defined, costs and expenses of executing and performing the terms
and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of
the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium to be paid
on the Refunded Bonds which are to be called prior to their respective maturities, and (v) the
premium or premiums for a policy or policies of municipal bond insurance or cost or costs of
other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any
portion thereof, there are hereby authorized to be issued not exceeding $12,365,000 refunding
bonds of the City pursuant to the provisions of Section 90.10 of the Local Finance Law (the
“Public Improvement Refunding Bonds” or the “Refunding Bonds”), it being anticipated that the
amount of Refunding Bonds actually to be issued will be approximately $11,245,000, as
provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be
consolidated for purposes of sale in one or more refunding bond issues. The Public
Improvement Refunding Bonds shall each be designated substantially “PUBLIC
IMPROVEMENT (SERIAL) BOND” together with such series designation and year as is
appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral
multiple thereof (except for any odd denominations, if necessary) not exceeding the principal
amount of each respective maturity, shall be numbered with the prefix R-11 (or R with the last
two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a
dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such
dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest
per annum, as may be necessary to sell the same, all as shall be determined by the City
Controller pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the
manner authorized by paragraph a of Section 57.00 of the Local Finance Law pursuant to
subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding
Bonds may be issued as a single consolidated issue. It is hereby further determined that such
Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to
the limitation hereinafter described in Section 10 hereof relating to approval by the State
Comptroller.
Section 2. The Refunding Bonds may be subject to redemption prior to maturity
upon such terms as the City Controller shall prescribe, which terms shall be in compliance with
the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding
Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be
redeemed shall be selected by the City by lot in any customary manner of selection as
determined by the City Controller.
The Refunding Bonds shall be issued in registered form and shall not be registrable to
bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in
non-certificated form, such bonds, when issued, shall be initially issued in registered form in
denominations such that one bond shall be issued for each maturity of bonds and shall be
registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York,
New York (“DTC”), which will act as securities depository for the bonds in accordance with the
Book-Entry-Only system of DTC. In the event that either DTC shall discontinue the
Book-Entry-Only system or the City shall terminate its participation in such Book-Entry-Only
system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000
each or any integral multiple thereof (except for any odd denominations, if necessary) not
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
exceeding the principal amount of each respective maturity. In the case of non-certificated
Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft
mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New
York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of
Cede & Co. in accordance with such Book-Entry-Only System. Principal shall only be payable
upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the
office of the City Controller as Fiscal Agent as hereinafter provided).
In the event said Refunding Bonds are issued in certificated form, principal of and
interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent
(as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the
registration books of the City maintained by the Fiscal Agent (as hereinafter defined), as of the
close of business on the fifteenth day of the calendar month or first business day of the calendar
month preceding each interest payment date as appropriate and as provided in a certificate of the
City Controller providing for the details of the Refunding Bonds. Principal shall only be payable
upon surrender of bonds at the principal corporate trust office of a bank or trust company or
banks or trust companies located or authorized to do business in the State of New York, as shall
hereafter be designated by the City Controller as fiscal agent of the City for the Refunding Bonds
(collectively the “Fiscal Agent”).
Refunding Bonds in certificated form may be transferred or exchanged at any time prior
to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same
maturity of any authorized denomination or denominations in the same aggregate principal
amount.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
Principal and interest on the Refunding Bonds will be payable in lawful money of the
United States of America.
The City Controller, as chief fiscal officer of the City, is hereby authorized and directed
to enter into an agreement or agreements containing such terms and conditions as he shall deem
proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or
trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said City,
to perform the services described in Section 70.00 of the Local Finance Law, and to execute such
agreement or agreements on behalf of the City, regardless of whether the Refunding Bonds are
initially issued in certificated or non-certificated form; provided, however, that the City
Controller is also hereby authorized to act as the Fiscal Agent in connection with the Refunding
Bonds if said Refunding Bonds are issued in non-certificated form.
The City Controller is hereby further delegated all powers of this Common Council with
respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of
the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination
of the provider of such credit enhancement facility or facilities and the terms and contents of any
agreement or agreements related thereto.
The Refunding Bonds shall be executed in the name of the City by the manual or
facsimile signature of the City Controller, and a facsimile of its corporate seal shall be imprinted
thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the
manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding
Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the
Local Finance Law and 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
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
required by Section 51.00 of the Local Finance Law, as the City Controller shall determine. It is
hereby determined that it is to the financial advantage of the City not to impose and collect from
registered owners of the Refunding 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.
Section 3. It is hereby determined that:
(a) the maximum amount of the Refunding Bonds authorized to be issued
pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of
paragraph b of Section 90.10 of the Local Finance Law;
(b) the maximum period of probable usefulness permitted by law at the time
of the issuance of the respective Refunded Bonds, for each of the objects or purposes for
which such respective Refunded Bonds were issued is as provided in the Respective
Bond Certificate, hereby incorporated herein by reference;
(c) the last installment of the Refunding Bonds will mature not later than the
expiration of the period of probable usefulness of each of the objects or purposes for
which said respective Refunded Bonds were issued in accordance with the provisions of
subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law;
(d) the estimated present value of the total debt service savings anticipated as
a result of the issuance of the Refunding Bonds, if any, computed in accordance with the
provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law,
with regard to each of the respective series of Refunded Bonds, is as shown in the
Refunding Financial Plan described in Section 4 hereof.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
Section 4. The financial plan for the aggregate of the refundings authorized by this
resolution (collectively, the “Refunding Financial Plan”), showing the sources and amounts of all
moneys required to accomplish such refundings, the estimated present value of the total debt
service savings and the basis for the computation of the aforesaid estimated present value of total
debt service savings, are set forth in Exhibit A attached hereto and made a part of this resolution.
The Refunding Financial Plan has been prepared based upon the assumption that the Refunding
Bonds will be issued in one series to refund all of the Refunded Bonds in the principal amount of
$11,245,000, and that the Refunding Bonds will mature, be of such terms, and bear interest as set
forth on Exhibit A attached hereto and made a part of this resolution. This Common Council
recognizes that the Refunding Bonds may be issued in one or more series, and for only one or
more of the Refunded Bonds, or portions thereof, that the amount of the Refunding Bonds,
maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the
City will most probably be different from such assumptions and that the Refunding Financial
Plan will also most probably be different from that attached hereto as Exhibit A. The City
Controller is hereby authorized and directed to determine which of the Refunded Bonds will be
refunded and at what time, the amount of the Refunding Bonds to be issued, the date or dates of
such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to
the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be
insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit
enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the
manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or
rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having
substantially level or declining annual debt service and all matters related thereto, and to prepare,
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all
powers in connection therewith are hereby delegated to the City Controller; provided, that the
terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby,
shall comply with the requirements of Section 90.10 of the Local Finance Law. The City
Controller shall file a copy of his certificates determining the details of the Refunding Bonds and
the final Refunding Financial Plan with the City Clerk not later than ten (10) days after the
delivery of the Refunding Bonds, as herein provided.
Section 5. The City Controller is hereby authorized and directed to enter into an
escrow contract or contracts (collectively the “Escrow Contract”) with a bank or trust company,
or with banks or trust companies, located and authorized to do business in this State as said City
Controller shall designate (collectively the “Escrow Holder”) for the purpose of having the
Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the
services described in Section 90.10 of the Local Finance Law.
Section 6. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding
Bonds as the same respectively become due and payable. An annual appropriation shall be made
in each year sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year. There shall be annually levied on all the taxable real property in said City
a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become
due and payable.
Section 7. All of the proceeds from the sale of the Refunding Bonds, including the
premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof
be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
Refunding Bonds shall be paid to the City to be expended to pay interest on the Refunding
Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established
pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive
of any interest earned from the investment thereof, shall be irrevocably committed and pledged
to the payment of the principal of and interest on the Refunded Bonds in accordance with
Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded
Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien
shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and
investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall
immediately be subject thereto without any further act. Such pledge and lien shall be valid and
binding as against all parties having claims of any kind in tort, contract or otherwise against the
City irrespective of whether such parties have notice thereof.
Section 8. Notwithstanding any other provision of this resolution, so long as any of
the Refunding Bonds shall be outstanding, the City shall not use, or permit the use of, any
proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding
Bonds to be an “arbitrage bond” as defined in Section 148 of the Internal Revenue Code of 1986,
as amended, and, to the extent applicable, the Regulations promulgated by the United States
Treasury Department thereunder.
Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of
Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the City hereby
elects to call in and redeem each respective series of Refunded Bonds which the City Controller
shall determine to be refunded in accordance with the provisions of Section 4 hereof and with
regard to which the right of early redemption exists. The sum to be paid therefor on such
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
redemption date shall be the par value thereof plus the redemption premium, and the accrued
interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby
authorized and directed to cause notice of such call for redemption to be given in the name of the
City in the manner and within the times provided in the Refunded Bonds. Such notice of
redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance
of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the
direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph
shall become irrevocable, provided that this paragraph may be amended from time to time as
may be necessary in order to comply with the publication requirements of paragraph a of Section
53.00 of the Local Finance Law, or any successor law thereto.
Section 10. The Refunding Bonds shall be sold at public competitive sale or private
sale to Jefferies & Company (the “Underwriter”) for purchase prices to be determined by the
City Controller, plus accrued interest from the date or dates of the Refunding Bonds to the date
or dates of the delivery of and payment for the Refunding Bonds. Subject to the approval of the
terms and conditions of such private sale by the State Comptroller as required by subdivision 2
of paragraph f of Section 90.10 of the Local Finance Law, the City Controller is hereby
authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and
on behalf of the City providing the terms and conditions for the sale and delivery of the
Refunding Bonds. After the Refunding Bonds have been duly executed, they shall be delivered
by the City Controller to the purchaser in accordance with said purchase contract upon the
receipt by the City of said purchase price, including accrued interest.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
Section 11. The City Controller and all other officers, employees and agents of the
City are hereby authorized and directed for and on behalf of the City to execute and deliver all
certificates and other documents, perform all acts and do all things required or contemplated to
be executed, performed or done by this resolution or any document or agreement approved
hereby.
Section 12. All other matters pertaining to the terms and issuance of the Refunding
Bonds shall be determined by the City Controller and all powers in connection thereof are hereby
delegated to the City Controller.
Section 13. The validity of the Refunding Bonds may be contested only if:
1. Such obligations are authorized for an object or purpose for which said City 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 14. A summary of this resolution, which takes effect immediately, shall be
published in the official newspapers of said City, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
Dated: October 15, 2011.
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
The foregoing resolution was duly put to a vote which resulted as follows:
____________________________________________ VOTING __________
____________________________________________ VOTING __________
____________________________________________ VOTING __________
____________________________________________ VOTING __________
____________________________________________ VOTING __________
____________________________________________ VOTING __________
____________________________________________ VOTING __________
____________________________________________ VOTING __________
____________________________________________ VOTING __________
The resolution was thereupon declared duly adopted.
* * * * *
CERTIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF TOMPKINS )
I, the undersigned Clerk of the City of Ithaca, Tompkins County, New York (the
“Issuer”), DO HEREBY CERTIFY:
1) That a meeting of the Issuer was duly called, held and conducted on October 15, 2011.
2) That such meeting was a special regular (circle one) meeting.
3) That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting
by the Board of the Issuer.
4) That such attachment constitutes a true and correct copy of the entirety of such proceeding
as so adopted by said Board.
5) That all members of the Board of the Issuer had due notice of said meeting.
6) That said meeting was open to the general public in accordance with Section 103 of the
Public Officers Law, commonly referred to as the “Open Meetings Law”.
7) That notice of said meeting (the meeting at which the proceeding was adopted) was given
PRIOR THERETO in the following manner:
PUBLICATION (here insert newspaper(s) and date(s) of publication)
POSTING (here insert place(s) and date(s) of posting)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer
this _____ day of October, 2011.
____________________________________________
City Clerk
(CORPORATE
SEAL)
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
EXHIBIT A
PRELIMINARY REFUNDING FINANCIAL PLAN
CITY OF ITHACA,
TOMPKINS COUNTY, NEW YORK
LEGAL NOTICE OF ESTOPPEL
NOTICE IS HEREBY GIVEN that the resolution, a summary of which is published
herewith, has been adopted by the Common Council of the City of Ithaca, Tompkins County,
New York, on October 15, 2011, and the validity of the obligations authorized by such resolution
may be hereafter contested only if such obligations were authorized for an object or purpose for
which said City is not authorized to expend money, or if the provisions of law which should have
been complied with as of the date of publication of this notice were not substantially complied
with, and an action, suit or proceeding contesting such validity is commenced within twenty days
after the date of publication of this notice, or such obligations were authorized in violation of the
provisions of the Constitution.
Dated: Ithaca, New York
___________________________, 2011
_______________________________________
City Clerk
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
SUMMARY OF REFUNDING BOND RESOLUTION DATED OCTOBER 15,
2011.
SUMMARY OF A RESOLUTION AUTHORIZING THE ISSUANCE
PURSUANT TO SECTION 90.10 OF THE LOCAL FINANCE LAW OF
REFUNDING BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY,
NEW YORK, TO BE DESIGNATED SUBSTANTIALLY “PUBLIC
IMPROVEMENT (SERIAL) BONDS”, AND PROVIDING FOR OTHER
MATTERS IN RELATION THERETO.
WHEREAS, the City of Ithaca, Tompkins County, New York (hereinafter, the “District”
or the “City”) heretofore issued an aggregate principal amount of $5,152,750 Public
Improvement (Serial) Bonds, 2001 (the “2001 Refunded Bonds”), $9,486,681 Public
Improvement (Serial) Bonds, 2004 (the “2004 Refunded Bonds”), and $6,285,947 Public
Improvement (Serial) Bonds, 2004 Series B (the “2004B Refunded Bonds”); and
WHEREAS, the 2001, 2004 and 2004B Refunded Bonds are hereinafter sometimes
referred to collectively as the “Refunded Bonds”; and
WHEREAS, it would be in the public interest to refund all, or one or more, or a portion
of one or more, of the outstanding $1,860,000 principal balance of the 2001 Refunded Bonds
maturing in 2012 and thereafter, the outstanding $5,455,000 principal balance of the 2004
Refunded Bonds maturing in 2012 and thereafter, and the outstanding $4,035,000 principal
balance of the 2004B Refunded Bonds maturing in 2012 and thereafter, each by the issuance of
refunding bonds pursuant to Section 90.10 of the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Ithaca, Tompkins County, New York, as follows:
Section 1. For the object or purpose of refunding the outstanding aggregate principal
balance of the Refunded Bonds, including providing moneys which, together with the interest
earned from the investment of certain of the proceeds of the refunding bonds herein authorized,
shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate
amount of unmatured interest payable on the Refunded Bonds to and including the date on which
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
the Refunded Bonds which are callable are to be called prior to their respective maturities in
accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses
incidental to the issuance of the refunding bonds herein authorized, (iv) the redemption premium
to be paid on the Refunded Bonds which are to be called prior to their respective maturities, and
(v) the premium or premiums for a policy or policies of municipal bond insurance or cost or
costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized,
or any portion thereof, there are hereby authorized to be issued not exceeding $12,365,000
refunding bonds of the City pursuant to the provisions of Section 90.10 of the Local Finance
Law (the “Public Improvement Refunding Bonds” or the “Refunding Bonds”), it being
anticipated that the amount of Refunding Bonds actually to be issued will be approximately
$11,245,000, as provided in Section 4 hereof.
Section 2. The Refunding Bonds may be subject to redemption prior to maturity
upon such terms as the City Controller shall prescribe, which terms shall be in compliance with
the requirements of Section 53.00 (b) of the Local Finance Law.
Section 3. It is hereby determined that:
(a) the maximum amount of the Refunding Bonds authorized to be issued
pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of
paragraph b of Section 90.10 of the Local Finance Law;
(b) the maximum period of probable usefulness permitted by law at the time
of the issuance of the respective Refunded Bonds, for each objects or purposes for which
such respective Refunded Bonds were issued is as provided in the respective refunded
bond determinations certificates;
(c) the last installment of the Refunding Bonds will mature not later than the
expiration of the period of probable usefulness of each of the objects or purposes for
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
which said respective Refunded Bonds were issued in accordance with the provisions of
subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law;
(d) the estimated present value of the total debt service savings anticipated as
a result of the issuance of the Refunding Bonds, if any, computed in accordance with the
provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law,
with regard to each of the Respective Series of Refunded Bonds, is $278,104.72 as shown
in the Refunding Financial Plan described in Section 4 hereof.
Section 4. The financial plan for the aggregate of the refundings authorized by this
resolution (collectively, the “Refunding Financial Plan”), showing the sources and amounts of all
moneys required to accomplish such refundings are set forth in Exhibit A to the Complete
Resolution which Exhibit A is not published as part of this summary. The Refunding Financial
Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in
one series to refund all of the Refunded Bonds in the principal amount of $11,245,000, and that
the Refunding Bonds will mature, be of such terms, and bear interest as set forth on said
Exhibit A.
Section 5. The City Controller is hereby authorized and directed to enter into an
escrow contract or contracts (collectively the “Escrow Contract”) with a bank or trust company,
or with banks or trust companies, located and authorized to do business in this State as said City
Controller shall designate (collectively the “Escrow Holder”) for the purpose of having the
Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the
services described in Section 90.10 of the Local Finance Law.
Section 6. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding
Bonds as the same respectively become due and payable. An annual appropriation shall be made
in each year sufficient to pay the principal of and interest on such bonds becoming due and
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
payable in such year. There shall be annually levied on all the taxable real property in said City
a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become
due and payable.
Section 7. All of the proceeds from the sale of the Refunding Bonds, including the
premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof
be placed in escrow with the Escrow Holder for the Refunded Bonds.
Section 8. The City Controller is delegated authority to sell said Refunding Bonds at
public competitive or private sale.
* * * * * * * * * * * * * * * * * * *
A COPY OF THE COMPLETE TEXT OF THIS RESOLUTION TOGETHER
WITH EXHIBIT IS ON FILE IN THE OFFICE OF THE CITY CLERK WHERE
IT IS AVAILABLE FOR PUBLIC INSPECTION DURING NORMAL
BUSINESS HOURS.
* * * * * * * * * * * * * * * * * * *
J:\DRedsicker\AGENDAS\City Admin Comm\2011\9/28 CA Agenda.doc 9/28/11
16. Finance/Controller’s Office
.2 Request to Amend 2011 Budget for Various Reimbursements
WHEREAS, during 2011 City of Ithaca departments have received various reimbursements, sale
of scrap metal and Community Celebrations Grants that were unanticipated and need to be
accounted for, and
WHEREAS, the reimbursements total $13,399 as follows:
Sale of Scrap $ 266
Reimbursement of Tree Removal 3,683
Community Celebrations Grants 9,450
$13,399
; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2011 Authorized Budget as follows to
account for said receipt and expenditures of funds:
Increase Revenue Accounts:
A1012-2379 Celebrations $9,450
A5132-2665 Garage Sale of Equipment 266
A7111-1710 Parks & Forestry Services 3,428
A7111-2655 Parks & Forestry Minor Sales 255
$13,399
Increase Appropriations Accounts:
A1012-5435 Celebrations $9,450
A5132-5481 Garage Small Tools 266
A7111-5485 Parks & Forestry Trees 3,683
$13,399