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HomeMy WebLinkAbout06-26-13 City Administration Committee AgendaCA Meeting City Administration Committee DATE: June 26, 2013 TIME: 6:00 pm LOCATION: 3rd Floor, City Hall, Council Chambers AGENDA ITEMS Item Voting Item? Presenter(s) Time Allotted Chair, Chris Proulx 1.Call To Order *Note: We will review the number of10 Min* 1.1 Agenda Review No cards received at the beginning of each 1.2 Review and Approval of Minutes Yes meeting and adjust time if needed. 1.3 Statements From the Public No 1.4 Statements From Employees No 1.5 Council Response No (6:10 pm) 2.Standing Sub-Committee and Staff Reports 2.1 Workforce Diversity Committee No Marcia Fort, Director of GIAC 20 Min 2.2 Update on status of negotiations with Time No Aaron Lavine, City Attorney 10 Min Warner Cable franchise agreement (6:40 pm) 3.City Administration, Human Resources, and Policy 3.1 DPW – Amendment to W&S Personnel Roster Yes Erik Whitney, Asst. Supt. DPW 5 Min 3.2 Attorney – Uniform Notice of Claim Act Yes Aaron Lavine 10 Min Designation 3.3 Attorney - Approval to Become an Amicus Yes Aaron Lavine, City Attorney 10 Min Curiae in Actions Involving Municipal Home Rule in the Court of Appeals of the State of New York 3.4 Attorney – Ordinance to Amend Chapter 348 Yes Krin Flaherty, Asst. City Attorney 10 Min 3.5 HR – Establishment of Civil Service Fees Yes Schelley Michell-Nunn, Director HR 5 Min (7:20 p.m.) 4.Finance, Budget, and Appropriations 4.1 PB&ED – Establishment of Capital Project Yes Lynn Truame, Historical Preservation & 5 Min for Cascadilla Boathouse 4.2 DPW – Request for Additional Funding for Yes Ray Benjamin, Acting Supt DPW 5 Min Seneca Street Garage Repairs (CP 372) 4.3 YB – Request to Amend 2013 Budget Yes Liz Vance, Acting Director, YB 5 Min 4.4 FD – Request to Award 2013 Budget for New Yes Tom Parsons, Chief 5 Min York State Grant 4.5 Controller – Bond Resolution Yes Steve Thayer, Controller 10 Min (7:50 pm) 5.2014 Budget Process 6.Committee Discussion Items 6.1 CA Work Plan No 25 Min (8:15 pm) 7.Meeting Wrap-up 7.1 Announcements No All 5 Min 7.2 Review Agenda Items for Next Meeting No 7.3 Adjourn Yes (8:20 pm) Committee Charge: The CA committee will: (1) Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce environment, intergovernmental relations and human resources. If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Controller’s Office at 607-274-6576 at least 48 hours before the meeting. 3. City Administration, Human Resources, and Policy .1 DPW – Amendment to W&S Personnel Roster WHEREAS, a Geographic Information System Specialist in the Water and Sewer Division of the Department of Public Works has requested a temporary reduction in her workweek from forty (40) hours/week to thirty-four (34) hours/week, and WHEREAS, the Water and Sewer Division is willing to accommodate this request, now, therefore, be it RESOLVED, That the workweek of one Geographic Information System Specialist position in the Water and Sewer Division of the Department of Public Works be and hereby is reduced from forty (40) hours/week to thirty-four (34) hours/week from July 8, 2013 through July 11, 2014 pursuant to the employee’s request, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at six and eight/tenths (6.8) hours per day (thirty-four (34) hours per week). J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 3.2 Uniform Notice of Claim Act Designation WHEREAS, on December 17, 2012, Governor Cuomo signed the Uniform Notice of Claim Act, which allows notices of claim against the City to be served on the New York Secretary of State as an agent for the City, and WHEREAS, the Act requires the City to file with the Department of State by July 15, 2013 a Certificate of Designation for Service of Notice of Claim specifying the City official to whom the Secretary of State should forward notices of claim served on the Secretary as an agent for the City, and WHEREAS, the City Clerk receives and processes notices of claim served on the City; now, therefore be it RESOLVED, That the City designates the New York Secretary of State as an agent for service of notices of claim in accordance with and as required by the Uniform Notice of Claim Act, and be it further RESOLVED, That the City Clerk is appointed as the City official to whom the Secretary of State should forward notices of claim served on the Secretary, and be it further RESOLVED, That the Mayor shall file the completed Certificate of Designation for Service of Notice of Claim with the Department of State. J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 3.3 Attorney - Approval to Become an Amicus Curiae in Actions Involving Municipal Home Rule In The Court of Appeals of the State of New York WHEREAS, the Towns of Middlefield and Dryden have recently revised their zoning laws to prohibit heavy industrial uses (including natural gas drilling) in their communities and such laws were challenged in court by opponents claims that the Towns did not have the power to regulate natural gas drilling as a land use through zoning, and WHEREAS, the Town of Ulysses filed an amicus curiae or “friend of the court” brief in both lawsuits in support of its sister Towns in order to reassert the right of each municipality throughout New York State to determine what land uses are appropriate in its community through municipal home rule law powers granted by the NYS Constitution and the NYS Municipal Home Rule Law, and WHEREAS, the City of Ithaca joined with the Town of Ulysses and a coalition of over 50 other municipalities from across the State to file these amicus curiae briefs in the Appellate Division, Third Department in 2012, and WHEREAS, the Appellate Division, Third Department, ruled in favor of the Towns of Dryden and Middlefield in the matters of Norse Energy Corporation USA v. Town of Dryden et al., and Cooperstown Holstein Association v. Town of Middlefield, and WHEREAS, the Norse Energy Corporation and the Cooperstown Holstein Association (“Appellants”) recently filed motions for leave to appeal each decision to the Court of Appeals – the State’s highest court, and WHEREAS, if the Appellants are granted leave to appeal to the Court of Appeals, the Town of Ulysses will seek leave to file amicus curiae brief(s) with the Court and will file such brief(s) if leave is granted, and WHEREAS, the Town of Ulysses has requested that other municipalities in the State consider joining the municipal coalition supporting the Ulysses’ amicus brief(s) to send a powerful statement to the Court of Appeals, the NYS Department of Environmental Conservation and the NYS Legislature about the importance of protecting municipal home rule in New York State and a municipality’s right to decide, for itself, whether natural gas drilling - or any other land use - is appropriate for its citizens; now, therefore be it. RESOLVED, That the Common Council hereby determines that it is in the public interest of the citizens of the City to support municipal home rule by joining in the amicus brief(s) being filed in the J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 Court of Appeals by the Town of Ulysses and a coalition of municipalities from across the State, and be it further RESOLVED, That the Common Council hereby authorizes and directs the Mayor to complete or cause to be completed any and all such further documents and papers in the name and on behalf of the City as the Mayor deems necessary or appropriate to carry into effect the foregoing resolution, and be it further RESOLVED, That the City Clerk will promptly send a certified copy of this adopted resolution to the Town of Ulysses, 10 Elm Street, Trumansburg, NY 14886. J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 CA Item #3.3 CA Item #3.3 3.4 Attorney – Ordinance to Amend Chapter 348 An Ordinance to Amend Chapter 348 of the City of Ithaca Municipal Code entitled “Water and Sewers”, Sections 348-28 “Sewer Mains” and 348-30 “Service Pipes” to Amend Sub-Sections 348-30(A), (C), (G) and Add (I) Ordinance #2013 - ___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 348-28 of the City of Ithaca Municipal Code is hereby amended to read as follows: A. Except when variations are specifically approved by the Board, all sewer mains will be eight- inch cement-asbestos SDR35 PolyVinylCloride (PVC) Sanitary Sewer Pipe. B. All sewer mains shall be laid according to the Specifications for the Construction of Sanitary Sewers Connecting to the Sewerage System of the City of Ithaca, New York, copies of which are obtainable at the City Engineer's office or from the Superintendent of the Water and Sewer Division of the Department of Public Works. C. All proposed plans and specifications for sewer mains must be approved by the Board of Public Works and installed under the supervision and inspection of the Water and Sewer Division of the Department of Public Works. Section 2. Section 348-30(A) of the City of Ithaca Municipal Code is hereby amended to read as follows: A. Materials used. (1) All sanitary sewers (laterals) from the back of the curbline to the sewer main in the street must be of four-inch extra-heavy cast-iron hub-and-spigot pipe or Class 2400 cement-asbestos pipe in five-foot lengths SDR35 PolyVinylChloride (PVC) sanitary sewer pipe for installations 4-feet to10-feet deep, and SDR26PVC sanitary pipe for installations over 10- feet deep and of such quality as required by the inspector. No quarter bends or tees shall be used. All such pipe shall be installed by the Water and Sewer Division inside the city and by a duly licensed plumber or sewer layer outside the city. (2) All sanitary sewer laterals from the curbline to the building must be either four-inch diameter extra-heavy cast-iron hub-and-spigot pipe or cement-asbestos house connection pipe, to be laid in nominal five-foot lengths SDR35 PVC sanitary sewer pipe (four-inch diameter for single- to four-family houses and six-inch diameter for five-family houses and up). Section 3. Section 348-30(C) of the City of Ithaca Municipal Code is hereby amended to read as follows: C. Cast-iron sewer pipe joints. (1) A jute water tight rubber ring type gasket large enough designed to hold the spigot end of the pipe in the center of the hub must be rammed into installed at each joint. with an iron hammer. The joints must then be poured and filled with melted virgin lead and caulked so as to form a neat, even and watertight joint. (2) The cement-asbestos joint shall be of the rubber ring-type joint. J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 Section 4. Section 348-30(G) of the City of Ithaca Municipal Code is hereby amended to read as follows: G. In all new sewer services and whenever an old service is dug at or near the trap, a cleanout wye shall be placed in the line on the street side of the house trap, with a length of pipe leading to the surface of the ground or cellar floor. A suitable clean-out cap shall be leaded installed in this pipe to facilitate cleaning the service from the trap to the main. Section 5: Section 348-30 of the City of Ithaca Municipal Code is hereby amended to add the following subsection (I): I. For any service in which any other variety of pipe shall be placed than that specified in this Section or where an opportunity is neglected to replace service pipes not in compliance with this Section with service pipes compliant with this Section, the Board reserves the right to have the water shut off from said premises until such service pipes been installed in accordance with this Section. Section 6: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 7: Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 M E M O R A N D U M To: City Administration Committee From: Krin Flaherty Date: June 14, 2013 Subject: Amendments to Chapter 348 regarding sewer service lines ________________________________________________________________________ This Ordinance makes changes to the City’s Sanitary Services legislation. These changes do not require the approval of the State as they are compatible and not more restrictive than the State Plumbing Code. The changes are intended to update the City’s specifications for sewer service lines to reflect current practice. In addition, these changes would duplicate a similar provision already existing in Chapter 348 relating to water service lines for sewer service lines. Namely, 348-19 informs property owners that they must upgrade water service if an opportunity exists to easily make upgrades to current code specifications. If the property owner neglects to do so, the City may shut off water service. This proposal to add subsection 348-30(I) would inform property owners, whose sewer service lines are not up to current code, risk water service shut off if they fail to upgrade when an opportunity exists to make the upgrade. This change is intended to encourage property owners on the Commons to upgrade all services during the utility installation phase of the Commons project. It is in everyone’s interest to complete all upgrades now. Later excavation of the Commons to repair service lines would be much more costly to the property owner and would create a significant disruption in the use of the Commons. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant "An Equal Opportunity Employer with a commitment to workforce diversification." CA Item #3.4 3.5 Human Resources - Establishment of Civil Service Application Fees WHEEAS, Section 50.5(b) of New York State Civil Service Law allows for the establishment of application fees for civil service examinations, and WHEREAS, the Ithaca Civil Service Commission wishes to establish a schedule of application fees for the Police Officer and Firefighter examinations, and WHEREAS, the implementation of application fees is subject to the approval of Common Council; now, therefore, be it RESOLVED, That the Ithaca Civil Service Commission hereby establishes the following schedule of application fees for the Police Officer and Firefighter examinations: Tompkins County Residents: $15.00 All Other Applicants: $75.00 and be it further RESOLVED, That the above application fees shall be waived for residents of the City of Ithaca, and be it further RESOLVED, That pursuant to Section 50.5(b) of New York State Civil Service Law, the above application fees shall be waived for candidates who certify that they are unemployed and primarily responsible for the support of a household and for candidates who are receiving public assistance, and be it further RESOLVED, That no refunds of application fees shall be provided, and be it further RESOLVED, That applications submitted without the required application fee or waiver shall be disapproved, and be it further RESOLVED, That the above schedule of fees shall be implemented immediately. J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 CA Item #3.5 CA Item #3.5 4.Finance, Budget, and Appropriations .1 Planning, Building and Economic Development - Establishment of Capital Project for the Cascadilla Boathouse WHEREAS, on July 2, 2012, the Ithaca Common Council passed a resolution authorizing the submission of a New York State Consolidated Funding Application for grant monies to support a small rehabilitation project at the Cascadilla Boathouse that would allow for the use of the second floor on a limited occupancy basis, and WHEREAS, that grant application was successful and funds in the amount of $75,290 were awarded to the City by the State, and WHEREAS, the authorizing resolution that was submitted with the original grant application was found by the State not to have met their requirements for form and content, and WHEREAS, a revised resolution authorizing submission of the grant and execution of the contract between the City and the State was passed by Common Council on May 1, 2013, and WHEREAS, that revised resolution did not provide for the establishment of a capital project, and WHEREAS, establishment of a capital project is required so that funding for the boathouse project may be received and utilized by the City; now, therefore be it RESOLVED, That the Ithaca Common Council does hereby establish capital project #789 Cascadilla Boathouse Renovations in an amount not to exceed $75,290 for the purpose of renovating the Cascadilla Boathouse at Stewart Park, and be it further RESOLVED, That funds for said renovation project shall be derived from a General Fund Advance with later repayment by New York State Grant EPF-126000 and by private matching funds, to include, but not necessarily be limited to, donations from Cascadilla Boat Club and the Friends of Stewart Park. J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 4.2 DPW - Request for Additional Funding for Seneca Street Garage Priority 2 Repairs – Capital Project 372 WHEREAS, bids were received on May 29, 2013 for Seneca Street Garage – Priority 2 Repairs including general construction, plumbing and electrical renovation, and WHEREAS, the preliminary bid tabulation indicates that the budget for this project is too low, and WHEREAS, these repairs are important for the continued useful life of the Seneca Street Parking Garage; now therefore be it RESOLVED, That Common Council hereby amends Capital Project #372 Seneca Street Parking Garage Improvements by an amount not to exceed $100,000 for a total project authorization of $1,600,000, and be it further RESOLVED, That funds needed for said parking garage renovation project shall be derived from a General Fund or Capital Fund advance with later repayment from the issuance of serial bonds. J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 4.3 Request to Amend 2013 Youth Bureau Budget – Youth Employment Service WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $150,075.85 in new funding for the Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for low- income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 Youth Bureau budget as follows: Increase Anticipated Revenue: A7310-4820-1202 Youth Employment Service $141,817.16 A7310-4820-1400 Administration $8,258.69 Total $150,075.85 Increase Expenses: A7310-5120-1202 Part time/Seasonal $118,487.00 A7310-5125-1202 Overtime $2,000.00 A7310-5425-1202 Office Supplies $750.00 A7310-5445-1202 Travel & Mileage $711.00 A7310-5460-1202 Program Supplies $1,000.00 A7310-5120-1400 Part time/Seasonal $1,000.00 A7310-5460-1400 Program Supplies $700.00 A7310-5475-1401 Property Maintenance $2,583.00 A7310-5476-1401 Equipment Maintenance $2,583.69 A7310-5480-1401 Building Maintenance $1,222.00 A7310-9030-1400 FICA/Medicare $9,218.00 A7310-9040-1400 Workers Compensation $9,821.16 Total $150,075.85 J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, NY 14850 Phone: 607-273-8364, Fax: 607-273-2817 “Building a foundation for a lifetime” To: City Administration Committee From: Suki Tabor, Program Coordinator Liz Vance, Acting Director Re: Youth Bureau Budget Amendment Date: June 20, 2013 We have been advised, by the Tompkins County Workforce Investment Board that we will receive $150,075.85 in funding for Tompkins Summer Youth Employment Program. We are processing the final contract and are pleased to be able to offer summer employment to additional teens this summer. We would like to amend the 2013 Youth Bureau budget as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board Account # A7310-4820-1202 Youth Employment Service $141,817.16 Account # A7310-4820-1400 Administration $8,258.69 Total $150,075.85 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $118,487.00 Account # A 7310-5125-1202 Overtime $2,000.00 Account # A 7310-5425-1202 Office Supplies $750.00 Account # A 7310-5445-1202 Travel & Mileage $711.00 Account # A 7310-5460-1202 Program Supplies $1,000.00 Account # A 7310-5120-1400 Part time/Seasonal $1,000.00 Account # A 7310-5460-1400 Program Supplies $700.00 Account # A 7310-5475-1401 Property Maintenance $2,583.00 Account # A 7310-5476-1401 Equipment Maintenance $2,583.69 Account # A 7310-5480-1401 Building Maintenance $1,222.00 Fringe Benefits $19,039.16 Total $150,075.85 Thank you. CA Item #4.3 4.4 Fire Department – request to Award 2013 Budget for New York State Grant WHEREAS, the City of Ithaca is the lead recipient of a 2009 New York State Office of Homeland Security Hazardous Materials Grant in the amount of $22,000, and WHEREAS, the City of Ithaca as the lead recipient is responsible for the financial execution and administration of the grant, and WHEREAS, the Homeland Security Grant period was recently extended to July 31, 2013, and WHEREAS, Homeland Security Grant will be used to purchase a Chemical Detection Device on New York State Contract for $20,000, and WHEREAS, the remaining $2,000 will be used for training costs for City of Ithaca employees and or agents of partner agencies; now, therefore be it RESOLVED, That Common Council hereby amends the 2013 Authorized City Budget by the amount not to exceed $22,000 to be used for said Chemical Detection equipment and training as follows: Increase Revenue Account: A3410-3989 State Aid $22,000 Increase Appropriation Accounts: A3410-5225-12150 Other Equipment $20,000 A3410-5440-15150 Staff Development $2,000 J:\DRedsicker\AGENDAS \City Admin Comm\2013\6-24 CA Agenda.docx 6/26/13 CA Item #4.4 CA Item #4.4 CA Item #4.4 CA Item #4.4 CA Item #4.4 CA Item #4.4 CA Item #4.4 CA Item #4.4 160131457.08 43119-2-New BOND RESOLUTION (Various Capital Projects) 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 3rd day of July, 2013, 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 Councilman ________________________, who moved its adoption, seconded by Councilman ____________________________, to-wit: OHSUSA:160131457.8 CA Item #4.5 BOND RESOLUTION DATED JULY 3, 2013. A RESOLUTION AUTHORIZING THE ISSUANCE OF $31,887,112 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF CERTAIN CAPITAL IMPROVEMENTS IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $31,887,112 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a specific object or purpose, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and/or expenses in connection therewith, is as follows: OHSUSA:160131457.8 CA Item #4.5 a)Improvements to the Ithaca City Water Treatment Plant, in and for said City, at a maximum estimated cost of $30,700,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $30,700,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law calculated from August 3, 2007, the date of issuance of the first obligations thereof. The serial bonds herein authorized are in addition to $6,000,000 of $8,120,000 serial bonds heretofore authorized for water system improvements by bond resolution dated and duly adopted January 5, 2000, the maximum estimated cost of the capital project now being $36,700,000; b)Replacement of the roof at the Central Fire Station, in and for said City, at a maximum estimated cost of $360,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $360,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; c)Construction of a multi use trail between Floral Avenue and the Flood Control Channel in and for said City, at a maximum estimated cost of $130,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $130,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of -2- OHSUSA:160131457.8 CA Item #4.5 the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law calculated from August 5, 2011, the date of issuance of the first obligations therefore. The serial bonds herein authorized are in addition to $92,000 serial bonds and $324,000 serial bonds heretofore authorized therefor by bond resolutions respectively dated and duly adopted July 6, 2011 and December 11, 2011, the maximum estimated cost of the capital project now being $546,000. d)Replacement of the water main on Edgecliff Place in and for said City, at a maximum estimated cost of $60,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $60,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; e)Reconstruction of streets to construct safe routes to local schools in and for said City, including improvements to roads, sidewalks, curbs, gutters, traffic calming measures, bicycle lanes and related improvements, at a maximum estimated cost of $297,950. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $297,950 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; -3- OHSUSA:160131457.8 CA Item #4.5 f)Reconstruction of heating, ventilation and air-conditioning systems at the Central Fire Station in and for said City, at a maximum estimated cost of $63,662. It is hereby determined that the plan for the financing of such specific specific object or purpose shall consist of the issuance of $63,662 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific specific object or purpose is 10 years, pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that said specific object or purpose, while related to that authorized in bond resolution dated and duly adopted December 5, 2007 for $275,000 for multiple fire station improvements, constitutes a new object or purpose; g)Construction of a new sanitary sewer main on Seneca Way in and for said City, at a maximum estimated cost of $45,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $45,500 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; h)Reconstruction of the Six Mile Creek wall and ramp in and for said City, at a maximum estimated cost of $180,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $180,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific -4- OHSUSA:160131457.8 CA Item #4.5 object or purpose is 30 years, pursuant to subdivision 22 of paragraph a of Section 11.00 of the Local Finance Law; and i)Reconstruction of sidewalks on Cornell Street in and for said City, at a maximum estimated cost of $50,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $50,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $31,887,112, and the plan for the financing thereof is by the issuance of the $31,887,112 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City -5- OHSUSA:160131457.8 CA Item #4.5 Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best -6- OHSUSA:160131457.8 CA Item #4.5 for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1)Such obligations are authorized for an object or purpose for which said 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 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -7- OHSUSA:160131457.8 CA Item #4.5 CA Item #4.5