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HomeMy WebLinkAbout01-04-17 Common Council Meeting Agenda1019914V11a01150914Mel aLTA 1:1 :1110110 A Regular meeting of the Common Council will be held on Wednesday, January 4, 2017, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation to Common Council Regarding an Invasive Species Project Completed by the Parks and Forestry Department of the City of Ithaca —Jeanne Grace, City Forester 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2017 Events — Resolution City Administration Committee: 8.2 Ithaca Police Department (IPD) - Reclassification of Financial Assistant Position to Administrative Coordinator - Resolution 8.3 Ithaca Police Department (IPD) - Reclassification of One Data Entry Specialist to Financial Clerk - Resolution 8.4 Finance/Controller's Office —Adoption of Municipal Finance Disclosure and Continuing Disclosure Policies and Procedures - Resolution 8.5 Finance/Controller - Designation of Official Newspaper- Resolution 8.6 Finance/Controller — Collateral to Secure Deposits — Resolution 8.7 Finance/Controller - Public Employee's Blanket Bond — Resolution 8.8 Finance/Controller - Designation of Common Council Meetings — Resolution 8.9 Finance/Controller - Designation of Official Depositories — Resolution 8.10 Common Council - Approval of 2017 Travel Policy — Resolution Common Council Meeting Agenda January 4, 2017 Page 2 9. CITY ADMINISTRATION COMMITTEE: 9.1 Finance - Approval of 2015 City Single Audit - Resolution 9.2 A Resolution Authorizing the Issuance Pursuant to Section 90.00 and/or 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 Refunding (serial) Bonds", and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby 9.3 A Resolution Authorizing the Issuance of $6,464,450 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for Said City 9.4 A Resolution Authorizing the Issuance of an Additional $950,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Stewart Avenue Bridge painting and reconstruction project, in and for said city. 9.5 Approval of Amendment to the City of Ithaca Anti -Discrimination and Anti -Harassment Policy - Resolution 9.6 An Ordinance to Amend Various Sections of the City of Ithaca Municipal Code Regarding Discrimination 9.7 A Local Law to Amend Chapter 215 of the City of Ithaca Municipal Code entitled "Human Rights Protection" Article V Entitled "Bias -Motivated Crimes" 9.8 Approval and Authorization to Execute CSEA DPW Unit Contract - (Proposed Motion to Enter into Executive Session to Discuss Matters Relating to Collective Negotiations with Bargaining Units) - Resolution 9.9 City Controller's Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled "Zoning" To Revise Entry and Building Length Requirements for the Collegetown Area Form Districts A. Declaration of Lead Agency for Environmental Review — Resolution B. Determination of Environmental Significance — Resolution C. Adoption of Ordinance 10.2 Authorization for Exemption from Real Property Taxes and Provision for In -Lieu of Payments, with Regard to the Ithaca Neighborhood Housing Services, Inc. ("INHS") Affordable Housing Scattered Site Preservation Project — Resolution 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 12.1 Mayor's Appointment of Acting Mayor and Alternate Acting Mayor — Oath of Office 12.2 Appointment of Marriage Officers — Resolution Common Council Meeting Agenda January 4, 2017 Page 3 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 14.1 Reappointments to Cable Access Oversight Committee — Resolution 14.2 Appointment to the Program Oversight Committee [POC] for the Community Housing Development Fund - Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. 18.1 MINUTES FROM PREVIOUS MEETINGS: Approval of the December 7, 2016 Common Council Meeting Minutes — Resolution 19. ADJOURNMENT: 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 Clerk at 274-6570 at least 48 hours before the meeting. Julie Conley Holcomb, CMC City Clerk Date: December 29, 2016 ►i,1A0111&[d:1►1BL\111ALTA 1.1 Department of Public Information and Technology: 8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2017 Events — Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of their sponsored events for 2017, including, but not limited to, the Chili -Cook Off, Apple Harvest Festival, Oktoberfest, and Chowder Cook -Off, now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during their sponsored events between January 1 and December 31, 2017; and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine, beer and hard cider on the Ithaca Commons; and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the events. City Administration Committee: 8.2 Ithaca Police Department (IPD) - Reclassification of Financial Assistant Position to Administrative Coordinator - Resolution WHEREAS, the Ithaca Police Department currently has one Financial Management Assistant who directly oversees all accounting practices at the IPD; and WHEREAS, the current role of Financial Management Assistant is not properly in line with the actual job duties and more appropriately falls under the duties of Administrative Coordinator; and WHEREAS, the IPD seeks to reclassify the position of Financial Management Assistant to that of Administrative Coordinator; and WHEREAS, the local Civil Service Commission approved the reclassification on December 14, 2016; and WHEREAS, the current salary for the IPD Financial Management Assistant is $46,368 and top pay for the Administrative Coordinator is $58,826, a difference of $12,458. Funds for the salary increase will be derived from the IPD 2017 budget as allocated via: the 1% municipal budget increase; now, therefore be it RESOLVED, That Common Council hereby approves of the addition of the position of Administrative Coordinator, effective January 1, 2017, utilizing funds allocated from the 2017 IPD Budget. BACK-UP ITEM 8.2 Civil Service Law, Section 22: Certification for positions. Before any new City of Ithaca Civil Service Commission position in the service of a civil division shall be created or any existing position in such service shall be reclassified, the proposal therefore, 108 East Green Street - Ithaca, NY 14850 including a statement of the duties of the position, shall be referred to the New Position Duties Statement municipal commission having jurisdiction and such commission shall Department head or other authority requesting the creation of a new position, furnish a certificate stating the appropriate civil service title for the prepare a separate description for each new position to be created except that one proposed position Or the position to be reclassified. Any such new description may cover two or more identical positions in the same organizational unit. position shall be created or any such existing position reclassified only Forward one typed copy to this Commission. with the title approved and certified by the commission. Effective 1978. 1. Department Bureau, Division, Unit or Section Location of Position Police 120 E. Clinton 2. Description of Duties: Describe the work in sufficient detail to give a clear word picture of the job. Use a separate paragraph for each kind of work and describe the more important or time-consuming duties first. In the left column, estimate how the total working time is divided. Job Title: Administrative Coordinator Percent of Accounts payable: Review invoices for accuracy and proper authorization, prepare vouchers and submit to City Hall. Work Verify submission of proper travel authorizations and handle employee reimbursements and travel expenses. Maintain Time vendor files and voucher back up records, audit payments, and report accordingly. Balance accreditation budget 30% spreadsheet back to MUMS. Audit credit card purchases and report appropriate accounts and back up documentation to Finance. Manage vendor contracts and documentation requirements. 15% Payroll: Update and prepare weekly payroll spreadsheet for submission to City Hall. Review time -keeper entries for accuracy. Calculate step increases and contractual payments; prepare necessary pink sheets. Maintain employee records for retirement or separation calculations, and inquiries from other departments. Provide audit support. 10% Accounts receivable: Collect front desk cash receipts, police auction funds and records payments for deposit at City Hall. Audit transactions against incident reports. Submit time -sheets and reimbursement requests to the US Marshals Services for Task Force participants. Oversee donations to K9 and Explorer accounts; manage expenditures under donation guidelines. Assist IPD training in billing for hosted classes. Collect funds from county SWAT members for uniform and equipment purchases. 10% Grant reporting: Prepare financial reports, vouchers and maintain records for private, state and federal grants. Meet quarterly deadlines for reimbursement requests. 10% Workers Compensation Coordination: Report injury cases to insurance company. Collect and maintain confidential records pertaining to 207c filings. Resolve billing issues. Prepare all necessary follow up reports and requests for compensation. Manage 207c payroll tax exemptions. Maintain database of injury cases and prepare annual reports per state mandate. 5% Department Budget: Preparation of proposal including salary projections, account distributions, analysis of previous years' spending, compilation of reports and supporting documentation. 5% Supplies: Oversee purchases and maintain inventory levels of office supplies, first aid, and safety equipment for department. 5% Clothing Allowance: Create and maintain database for tracking all clothing allowance accounts for PBA members. Deduct purchases and payouts, review for accuracy and appropriate purchases. Report individual balances quarterly to all members. Liaison to other departments such as HR, Payroll, Finance, IT, DPW and Parking. Active in city-wide efforts to 5% implement best -practices. Assist employees with paperwork, questions or resolving issues. Assist with Fleet maintenance records and printer maintenance requests. 3% Facilitate new hire paperwork for permanent employees. Supervise hiring process of seasonal School Crossing Guards. 2% Increase departmental efficiency and meet accreditation standards by working with senior staff to improve department procedures. Examples include improvements to the payroll process, cash receipts protocols, and consolidation of grant duties. (Attach additional sheets if more space is needed) 3. Names and Titles of Persons Supervising this position (General, Direct, Administrative, etc.) Name Title Type of Supervision John Barber Chief of Police 4. Names and Titles of Persons Supervised by Employee in this position Name Title Type of Supervision 5. Names and Titles of Persons doing substantially the same kind and level of work as will be done by the incumbent of this new position Name Title Location of Position June Overslaugh Administrative Coordinator IFD JoAnne Phillips Administrative Coordinator IAWWTF 6. What minimum qualifications do you think should be required for this position? Education: High School Years College Years, with specialization in College Years, with specialization in Experience: (list amount and type) Essential knowledges, skills and abilities: Type of license or certificate required: 7. The above statements are accurate and complete. Date: Title: Signature: Certificate of Civil Service Commission 8. In accordance with the provisions of Civil Service Law Section 22, the City of Ithaca Civil Service Commission certifies that the appropriate civil service title for the position described is: Title: Jurisdictional Classification: Date: Signature: Action by Legislative Body or Other Approving Authority 9. Creation of described position ❑ Approved ❑ Disapproved Date: Sig nature: Return One Completed Copy to Civil Service Commission 8.3 Ithaca Police Department {IPD] - Reclassification of One Data Entry Specialist to Financial Clerk - Resolution WHEREAS, the Ithaca Police Department currently has five Data Entry Specialists, however one of the specialist is directly responsible for the complex time -keeping and the associated financials that come along with shift work and collective bargaining requirements; and WHEREAS, the current role of this particular Data Entry Specialist is not properly in line with the actual job duties and more appropriately falls under the duties of Financial Clerk; and WHEREAS, IPD seeks to reclassify one Data Entry position to that of Financial Clerk; and WHEREAS, the local Civil Service Commission approved the reclassification on December 14, 2016; and WHEREAS, the current salary for the IPD Data Entry Specialist is $38,064 and top pay for the Financial clerk is $40,140, a difference of $2,076. Funds for the salary increase will be derived from the IPD 2017 budget as allocated via: the 1% municipal budget increase; now, therefore be it RESOLVED, That one of the IPD Data Entry Specialist positions shall be reclassified as a Financial Clerk; and, be it further RESOLVED, That Common Council hereby approves of the addition of Financial Clerk effective January 1, 2017, utilizing funds allocated for this purpose from the 2017 IPD Budget. BACK-UP ITEM 8.3 Civil Service Law, Section 22: Certification for positions. Before any City of Ithaca Civil Service Commission new position in the service of a civil division shall be created or any existing position in such service shall be reclassified, the proposal 108 East Green Street - Ithaca, NY 14850 therefore, including a statement of the duties of the position, shall be New Position Duties Statement referred to the municipal commission having jurisdiction and such Department head or other authority requesting the creation of a new position, commission shall furnish a certificate stating the appropriate civil prepare a separate description for each new position to be created except that one service title for the proposed position Or the position to be reclassified. description may cover two or more identical positions in the same organizational unit. Any such new position shall be created or any such existing position Forward one typed copy to this Commission. reclassified only with the title approved and certified by the commission. Effective 1978. 1. Department Bureau, Division, Unit or Section Location of Position Police 120 E. Clinton 2. Description of Duties: Describe the work in sufficient detail to give a clear word picture of the job. Use a separate paragraph for each kind of work and describe the more important or time-consuming duties first. In the left column, estimate how the total working time is divided. Job Title: Financial Clerk Percent Job Duty of Work Time 35% Management of 10 comp distinct time banks for the PBA members, including entries of time earned and time used, cashed out or forfeited. Includes verifying appropriate authorization on OT cards and correct classification of time used (for example injury, 207c, training, etc). 15% Process red cards from PBA members to request weekly deductions from their time banks for payment through payroll or transfer into retirement accounts. Verify balances and report appropriate categories to FMA for weekly payroll. Log, verify and request payment of Third Party Overtime to officers in payroll spreadsheet. Entry of seasonal employees' time each week. 5% Prepare Blue Book pages (monthly schedules of patrol staff) and City Court schedules for officers. Scan completed pages with weekly blotter for permanent retention. 15% Compilation of weekly time reports for PBA and CSEA members to be turned into Controllers office. Research and resolve variances. 10% Monthly analysis for FLSA payments to PBA members and notification of leave -time statistics and schedule adjustments to senior staff. Monthly entries for earned accruals for PBA and CSEA members. Semiannual reporting of Comp Time Paydown to 160 hours, Shift Differential payments, annual cash out of Days Owed and payout calculations for retirements and separations. End of year conversion of time as appropriate. Compile reports as needed for use in budget preparation and workers' compensation cases. 5% Maintain OSL Timekeeping system including employee set up, rate validations, schedule entry, purging data, and training other employees. 5% Provide assistance to officers and employees concerning payroll and time -keeping concerns. 5% Maintain organized records for leave time related payouts; research historical records when requested by retirement system or to fulfill FOIL requests. Assist and provide coverage to Financial Management Assistant and Executive Assistant. Distribute 5% mail and paystubs, prepare AP vouchers, review credit card statements, answer phones, accept deliveries, deposits, and prepare payroll or other duties as requested. Front desk coverage as needed. 3. Names and Titles of Persons Supervising this position (General, Direct, Administrative, etc.) Name Title Type of Supervision Barry Banfield Police Sergeant Direct 4. Names and Titles of Persons Supervised by Employee in this position Name Title Type of Supervision 5. Names and Titles of Persons doing substantially the same kind and level of work as will be done by the incumbent of this new position Name Title Location of Position Diane Sweet Financial Clerk DPW 6. What minimum qualifications do you think should be required for this position? Education: High School Years College Years, with specialization in College Years, with specialization in Experience: (list amount and type) Essential knowledges, skills and abilities: Ability to operate a personal computer and utilize common office software programs. Basic arithmetic computations involving fractions, decimals and percentages. Ability to perform close, detailed work accurately. Type of license or certificate required: he above statements are accurate and complete. EDaTitle: Signature: Certificate of Civil Service Commission 8. In accordance with the provisions of Civil Service Law Section 22, the City of Ithaca Civil Service Commission certifies that the appropriate civil service title for the position described is: Title: Jurisdictional Classification: Date: Sig natu re: Action by Legislative Body or Other Approving Authority 9. Creation of described position ❑ Approved ❑ Disapproved Date: Sig natu re: Return One Completed Copy to Civil Service Commission 8.4 Finance/Controller's Office —Adoption of Municipal Finance Disclosure and Continuing Disclosure Policies and Procedures - Resolution WHEREAS, the City of Ithaca is required to adopt disclosure and continuing disclosure policies and procedures to ensure proper compliance with various securities law; now, therefore be it RESOLVED, That Common Council hereby adopts the attached Municipal Finance Disclosure and Continuing Disclosure Policies and Procedures for the City of Ithaca dated January 4, 2017. BACK-UP ITEM 8.4 CITY OF ITHACA Municipal Finance Disclosure and Continuing Disclosure Policies and Procedures Dated , 2016 OHSUSA:765998702.1 Municipal Finance Disclosure and Continuing Disclosure Policies And Procedures TABLE OF CONTENTS Page ARTICLEI General............................................................................................................. 1 Section1.1. Purpose................................................................................................. 1 Section 1.2. Disclosure Practices Working Group ................................................... 1 Section1.3. Definitions............................................................................................ 1 Section 1.4. Activities of the Disclosure Practices Working Group ........................ 2 Section 1.5. Required Parties for Release of Official Statements ............................ 2 Section 1.6. Required Parties for Other Disclosure Document Review .................. 2 ARTICLE II Disclosure Documents..................................................................................... 2 Section 2.1. Disclosure Documents......................................................................... 3 Section 2.2. Other Potential Disclosure Documents ................................................ 3 ARTICLE III Review Process................................................................................................ 3 Section 3.1. Determination of "Disclosure Document" ........................................... 3 Section 3.2. Review of Form and Content of Disclosure Documents ..................... 3 Section 3.3. Review of Disclosure Documents other than Official Statements and Continuing Disclosure Filings .................................... 5 ARTICLE IV Training Policy................................................................................................. 5 Section4.1. Training................................................................................................ 5 ARTICLE V Document Retention Policies........................................................................... 6 Section 5.1. Official Statements............................................................................... 6 Section 5.2. Disclosure Documents other than Official Statements ........................ 7 ARTICLE VI Annual Review................................................................................................. 7 Section 6.1. Annual Review..................................................................................... 7 -1- OHSUSA:765998702.1 ARTICLE I General Section 1.1. Purpose. The purpose of the City of Ithaca Municipal Finance Disclosure and Continuing Disclosure Policies and Procedures (these "Procedures") is to establish processes and controls to (i) ensure that the financial disclosures that the City of Ithaca (the "City") makes are accurate and comply with all applicable federal and state securities laws, and (ii) promote best practices regarding disclosures relating to securities issued by the City. These Procedures are being adopted by the Common Council as debt issuance disclosure best practices. The failure of the Common Council to comply with any provision of these Procedures shall not affect the authorization or the validity or enforceability of any bonds, notes or other forms of indebtedness that are otherwise issued by the City in accordance with law. Section 1.2. Disclosure Practices Working Group. To better carry out the purposes set forth in Section 1.1 of these Procedures, a Disclosure Practices Working Group (from time to time referred to below as the "DPWG") is established. Membership of the DPWG shall consist of (1) the City Controller (the "Controller"),and (2) the responsible representative of the financial advisory firm of the City (the "Financial Advisor"). The City Mayor or a designee thereof may participate at will. The City Attorney, together with the City's bond counsel ("Bond Counsel"), shall be legal advisors to the DPWG. The City Attorney and the City's Bond Counsel shall assist the DPWG by review of City Preliminary and Final Official Statements and other Disclosure Documents to advise the DPWG on requirements of the federal securities laws. Section 1.3. Definitions. Unless otherwise defined in this document, initially capitalized terms used in these Procedures shall have the meanings set forth below: "City" means the City of Ithaca, New York. "City Financial Statements" means that portion of the IAR that are the audited financial statements. "Disclosure Coordinator" means the City official designated by the Common Council from time to time to administer these Procedures. The Disclosure Coordinator shall be the City Controller. The Disclosure Coordinator may designate any other responsible staff member of the City to act as Deputy Disclosure Coordinator to participate in preparation of Disclosure Documents. "Disclosure Documents" means those documents defined as such in Article II. "Disclosure Practice Working Group" or "DPWG" means the Disclosure Practice Working Group as identified under Section 1.2 of these Procedures. "IAR" means the Independent Auditor's Report of the City including Notes to the Financial Statements. "MSRB" shall mean the Municipal Securities Rulemaking Board or any other entity designated or authorized by the Securities and Exchange Commission (the "SEC") to receive filings pursuant to Rule 15c2-12 under the federal Securities Exchange Act of 1934 ("Rule 15c2-12"), as the -2- OHSUSA:765998702.1 same may be amended and modified from time to time, and includes the Electronic Municipal Market Access System of the MSRB ("EMMA"). "0cial Statement" means those Disclosure Documents described in Section 2.1(A) hereof. "Preparer" means those persons defined as such in Section 3.3(A). "Procedures" means these Municipal Finance Disclosure and Continuing Disclosure Policies and Procedures, as the same may be supplemented and amended from time to time. Section 1.4. Activities of the Disclosure Practices Working Group. The DPWG shall consult as often as necessary to fulfill its obligations for purposes specified in Section 1.1 hereof, including its disclosure obligations in connection with the issuance of debt and its continuing disclosure obligations thereafter. A bond or note due diligence session with the Controller, the City Attorney, the City's Bond Counsel and Financial Advisor in attendance at such session or by tele -conference or a series of tele -conferences or a combination thereof, of all, or a portion of the DPWG may serve this purpose as to obligations in connection with the issuance of debt and production of any Official Statement in connection therewith. Post -issuance annual continuing disclosure obligations may be met by similar DPWG meetings or teleconferences. Physical meetings of the DPWG, if any, are intended to be internal meetings of City staff, and shall not be deemed to be public meetings for purposes of the Open Meetings Law of the State of New York. Members of the DPWG and counsel to the DPWG may attend meetings in person or may participate in meetings by telephone teleconference. The Disclosure Coordinator shall be required to keep a record of such meetings and teleconferences, and a brief summary of the matters discussed. Section 1.5. Required Parties for Release of Official Statements. The participation of the City Controller, the City Attorney, the Bond Counsel and the Financial Advisor is required prior to the time any City Official Statement is finalized and the Controller, must give final written approval thereof to the Financial Advisor, retaining a copy thereof before public release thereof. Section 1.6. Required Parties for Other Disclosure Documents Review. For all other Disclosure Document review the Controller and the Financial Advisor are required parties. ARTICLE 11 Disclosure Documents Section 2.1. Disclosure Documents. For purposes of these Procedures, the term "Disclosure Documents" shall mean (i) the City's documents and materials prepared or distributed in connection with the City's disclosure obligations under applicable federal and state securities laws relating to its securities and (ii) other disclosure that the DPWG shall determine to review and approve. Disclosure Documents shall include, but not be limited to, the following: (A) Preliminary and Final Official Statements, and Preliminary and Final Private Placement Memoranda, including but not limited to any City financial information included therein, relating to the City's debt securities, together with any supplements; (B) (1) the City's Financial Statements, including but not limited to the Notes to the Financial Statements thereto; 3 OHSUSA:765998702.1 (2) the City's Annual Financial Report Update Document ("AUD") filed annually with the Office of the State Controller. (C) any filing made by the City with the MSRB, whether made under a continuing disclosure agreement to which the City is a party or made voluntarily, including annual financial information and operating data information, and material events notices as defined in Rule 15c2-12; Section 2.2. Other Potential Disclosure Documents. The term "Disclosure Documents" shall also include any other disclosure that the DPWG shall determine is reasonably likely to reach the investors or the securities markets and may be material to investors, including but not limited to press releases, web site postings, and other communications required to be reviewed by the Controller as potential representations of the City's financial condition to investors or the securities markets. See Section 3.1 below. ARTICLE III Review Process Section 3.1. Determination of "Disclosure Document". Whether a particular document or written, posted or other form of communication is a Disclosure Document shall be determined by the DPWG, including but not limited to, the determination whether a document should be filed voluntarily with the MSRB (as provided in Section 2.1(C) above) or whether a communication is reasonably likely to reach investors or the securities markets and may be material to investors. The Controller may seek the advice of Bond Counsel to determine whether any document should be treated as a Disclosure Document. For purposes of these Procedures, it shall be assumed that each document specifically listed in Section 2.1, hereof is a "Disclosure Document" subject to the review process specified in Section 3.2 hereof. Section 3.2. Review of Form and Content of Disclosure Documents. The DPWG shall critically review the form and content of each Disclosure Document. The DPWG may request a meeting or tele -conference of all persons responsible for the preparation or review of the Disclosure Document. Each bond resolution, tax anticipation note resolution and revenue anticipation note resolution will include a delegation to the Mayor of the City as chief fiscal officer to finalize any offering document to, among other things, include the most recent City financial information or other material information relevant to investors, and to otherwise make corrections and clarifications to ensure that such offering document complies with federal securities laws, and such delegation as to the offering document may be further delegated to the City Disclosure Coordinator in accordance with these Procedures. (A) Disclosure Coordinator. The Disclosure Coordinator shall work with the bond financing team (i.e., bond counsel , underwriter(s), underwriter's counsel, financial advisor, and appropriate City staff), and such other individuals as appropriate given the nature of the financing, to ensure that these Procedures are followed with respect to the preparation and/or dissemination of any Disclosure Document. (1) The Disclosure Coordinator shall be responsible for soliciting material information from City personnel as and if needed. 4 OHSUSA:765998702.1 (2) The Disclosure Coordinator shall contact the individuals as soon as possible to provide adequate time for such individuals to perform a thoughtful and critical review or draft of those portions of the Disclosure Document assigned to them, if any. (3) The Disclosure Coordinator shall maintain or cause to be maintained a general log of all individuals or departments that were requested to review or draft in connection with a Disclosure Document, including what sections such individuals or department prepared or reviewed. (4) The Disclosure Coordinator shall critically review each section of and all financial and operating information contained in the Disclosure Document to the extent any information provided therein is provided by a party other than the Disclosure Coordinator. To the extent practicable, the Disclosure Coordinator shall endeavor to establish an "audit trail" with respect to the preparation of any Disclosure Document. Of paramount importance is that information concerning the City's financial condition is thoroughly and critically compared for accuracy against the City's Financial Statements, including the notes of said financial statements, and the other financial reports prepared and released by the City. (5) The Disclosure Coordinator shall report any significant disclosure issues, and concerns, if any, to the City Attorney and Bond Counsel. The City Attorney and the Bond Counsel shall critically review the material submitted and undertake to assist the City to develop appropriate disclosure. Section 3.3. Review of Disclosure Documents other than Official Statements and Continuing Disclosure Filings. The following procedures shall apply to those Disclosure Documents that are not addressed in Section 2.1: (A) Determination of Disclosure Document. Any City employee preparing (the "Preparer") any information for release to the public that could be considered a Disclosure Document shall notify the Controller of such information. The Controller shall timely make a determination whether such information is a Disclosure Document under Section 2.1 with the assistance of the City Attorney and Bond Counsel. (B) Notify Controller. If the Controller determines that a document is a Disclosure Document, the Preparer shall inform the Controller of the (i) expected completion date of the Disclosure Document and (ii) the expected dissemination date of the Disclosure Document to the Controller. The Controller shall be provided with a reasonable opportunity to review such Disclosure Document. (C) Involvement of City Attorney. The City Attorney , in consultation with Bond Counsel, shall assist the Preparer to: (1) identify material information that should be disclosed; (2) identify other persons that may have material information or knowledge of any information omitted from such Disclosure Document; and (3) determine when the Disclosure Document is final and ready for release by the Controller. 5 OHSUSA:765998702.1 (D) Prepare Source List. The Preparer shall keep a list of individuals or groups that have contributed to the preparation of the Disclosure Document and a list of sources from which the information summarized or updated in the Disclosure Document was derived. These lists shall be submitted to the Controller along with the Disclosure Document. ARTICLE IV Training Policy Section 4.1. Training. (A) City officials or employees with responsibility for collecting or analyzing information that may be material to the preparation of a Disclosure Document, as designated under Paragraph (B) below, shall attend regular disclosure training sessions or educational forums necessary to stay up to date with federal municipal bond disclosure requirements. Such training shall include information on the City's disclosure obligations under applicable federal and state securities laws and such individual's responsibilities and potential liability regarding such obligations. The Citv shall maintain a record of such training which indicates the attendance thereof by City officials or employees. (B) The determination as to whether an employee shall receive such training shall be made by the Controller, in consultation (if necessary) with the City Attorney or Bond Counsel. (C) The City Controller will consult with Bond Counsel as to new developments under federal securities laws, or otherwise, to ensure that the City maintains the best practices regarding its disclosure obligations. (D) At the request of the Controller, the Bond Counsel shall conduct separate training sessions for the City Controller and the members of the Common Council. ARTICLE V Document Retention Policies Section 5.1. Official Statements. (A) Materials Retained. For a Disclosure Document that is an Official Statement or placement memorandum as referenced in Section 2.1(A), the Common Council, shall maintain a central depository with the following materials, for a period of five years from the date of delivery of the securities referenced in such Disclosure Document. (1) the printed copy of the preliminary and final Official Statement (or preliminary and final Offering Memoranda); (2) the "deemed final" certification provided by a City official to the underwriter of the securities in accordance with paragraph (b)(1) of Rule 15c2-12; (3) any executed copies of the letters, requests, and certifications prepared and/or delivered in connection the offering; (4) the information and related sources referenced in the materials described in (3) above; 6 OHSUSA:765998702.1 (5) the bond purchase agreement or official notice of sale, as applicable; and (6) any written certification or opinions executed by a City official relating to disclosure matters, delivered at the time of delivery of the related securities. (B) Materials not Retained. These Procedures shall not require the DPWG to retain after the date of delivery of the related securities the drafts of any of the materials referenced in subsection (A) above. Section 5.2. Disclosure Documents other than Official Statements. For Disclosure Documents other than those described in Section 5.1(A) above, the Controller, shall maintain a central depository, for a period of five years from the date the respective Disclosure Document is published, posted, or otherwise made publicly available: (1) the final version of the Disclosure Document, (2) final versions of all transmittal letters, requests, and certifications relating to information in the Disclosure Document, (3) the information and related sources referenced in the materials described in (2) above. The Controller shall not retain the drafts of any such materials. ARTICLE VI Annual Review Section 6.1. Annual Review. The Controller shall conduct an annual review and evaluation of these Disclosure Policies and Procedures with Bond Counsel. As appropriate, the Common Council shall amend these Disclosure Policies and Procedures to be consistent with changes in the federal and state securities laws, pronouncements of the Securities and Exchange Commission and such other matters as the Controller deems necessary or desirable, upon advice of the City Attorney and Bond Counsel. 7 OHSUSA:765998702.1 8.5 Finance/Controller- Designation of Official Newspaper- Resolution RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2017. 8.6 Finance/Controller —Collateral to Secure Deposits - Resolution RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan Chase and M & T Bank as reported be approved as to form and sufficiency. 8.7 Finance/Controller- Public Employee's Blanket Bond - Resolution RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2017. Faithful Performance Blanket Bond Coverage by Travelers Insurance Company $1,000,000 8.8 Finance/Controller- Designation of Common Council Meetings - Resolution RESOLVED, That the regular meetings of the Common Council, for the year 2017, be held at 6:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. 8.9 Finance/Controller - Designation of Official Depositories - Resolution RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2017. 8.10 Common Council - Approval of 2017 Travel Policy - Resolution WHEREAS, there is to be held during the coming official year a] the New York State Conference of Mayors Annual Meeting and Training School; bj the New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable; and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore, be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2017; and, be it further RESOLVED, That the cost for all events must be derived from existing 2017 Departmental Budgets with appropriate approvals obtained as applicable; and, be it further RESOLVED, That this resolution shall take effect immediately. llv1_l1]LTA 11►11.11.7e1%1MkiE e]►T►I►T►11111A:F 9.1 Finance - Approval of 2015 City Single Audit - Resolution RESOLVED, That the Independent Auditor's Report for the period January 1, 2015 through December 31, 2015, prepared by the accounting firm of Inserno & Company, formerly Ciaschi, Dietershagen, Little and Mickelson & Company, LLP, be accepted to comply with all the City's applicable Government Accounting Standards Board (GSB) Statement 34 and other related audit and single -audit requirements. Wayne Schon, Insero & Co. CPAs, LLP, reviewed the following non-compliance comments identified during the 2015 Audit: • Late filing of Single Audit Report • Capital Project Accounting • Fixed Asset Accounting • Physical Inventory of Capital Assets • Purchasing Policy • Held Checks 9.2 A Resolution Authorizing the Issuance Pursuant to Section 90.00 and/or 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 Refunding (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 $5,803,167 Public Improvement (Serial) Bonds, 2008 Series A, pursuant to various bond resolutions to pay the cost of various City purposes, such Public Improvement (Serial) Bonds, 2008 Series A, being dated August 1, 2008 and maturing or matured on August 1 annually (the "2008A Bonds"); and WHEREAS, the City heretofore issued an aggregate principal amount of $3,823,277 Public Improvement (Serial) Bonds, 2008 Series B (Federally Taxable), pursuant to various bond resolutions to pay the cost of various parking garage City purposes, such Public Improvement (Serial) Bonds, 2008 Series B (Federally Taxable), being dated August 1, 2008 and maturing or matured on August 1 annually (the "2008B Bonds"); and WHEREAS, the City heretofore issued an aggregate principal amount of $1,090,084 Public Improvement (Serial) Bonds, 2009 (Federally Taxable), pursuant to various bond resolutions to pay the cost of various parking garage City purposes, such Public Improvement (Serial) Bonds, 2009 (Federally Taxable), being dated January 15, 2009 and maturing or matured on January 15 annually (the "2009 Bonds"); and WHEREAS, the City heretofore issued an aggregate principal amount of $11,283,389 Public Improvement (Serial) Bonds, 2010 Series A, pursuant to various bond resolutions to pay the cost of various City purposes, such Public Improvement (Serial) Bonds, 2010 Series A, being dated January 15, 2010 and maturing or matured on January 15 annually (the "2010A Bonds"); and WHEREAS, the City heretofore issued an aggregate principal amount of $7,662,000 Public Improvement (Serial) Bonds, 2010 Series B (Federally Taxable), pursuant to various bond resolutions to pay the cost of various parking garage City purposes, such Public Improvement (Serial) Bonds, 2010 Series B (Federally Taxable), being dated January 15, 2010 and maturing or matured on January 15 annually (the "2010B 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 $2,735,000 outstanding principal balance of the 2008A Bonds maturing in 2018 and thereafter (the "2008A Refunded Bonds"), the $3,005,000 outstanding principal balance of the 2008B Bonds maturing in 2018 and thereafter (the "2008B Refunded Bonds"), the $555,000 outstanding principal balance of the 2009 Bonds maturing in 2019 and thereafter (the "2009 Refunded Bonds"), the $6,450,000 outstanding principal balance of the 2010A Bonds maturing in 2020 and thereafter, and the $5,885,000 outstanding principal balance of the 2010B Bonds maturing in 2020 and thereafter (the "2010B Refunded Bonds", together with the 2008A, 2008B, 2009 and 2010A Refunded Bonds, the "Refunded Bonds"), each by the issuance of refunding bonds pursuant to Section 90.00 or 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 $18,630,000 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 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 $20,750,000 refunding bonds of the City pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the "City Refunding Bonds" or the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $18,980,000, 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 City Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING 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-17 (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 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 and 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 as to Refunding Bonds refunding the 2008A Refunded Bonds and the 2010A Refunded Bonds and as a separate single consolidated issue as to Refunding Bonds refunding the 2008B Refunded Bonds, the 2009 Refunded Bonds, and the 2010B Refunded Bonds. 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 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 Clerk 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. 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 name the City Clerk 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 g of Section 90.00 of the Local Finance Law or subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law, as applicable, 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 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 the objects or purposes for which such respective Refunded Bonds were issued is as described in Exhibit A attached hereto and hereby made a part hereof; (c) the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of the objects or purposes for which said respective Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph a of Section 90.00 of the Local Finance Law or subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law, as applicable; (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. 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 B attached hereto and hereby made a part hereof. 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 $18,980,000, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in said Exhibit B. 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 B. 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 a 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, 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 90.00 or Section 90.10 of the Local Finance Law, as applicable. 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 President 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 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 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 at private sale to an underwriter to be determined by the City Controller (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 to the Underwriter. After the Refunding Bonds have been duly executed, they shall be delivered by the City Controller to the Underwriter in accordance with said purchase contract or to the winning purchaser by competitive bid upon the receipt by the City of said purchase price, including accrued interest. 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. The City Controller shall be further authorized to issue said Refunding Bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law as said officer shall determine necessary, in consultation with bond counsel to the City. 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. EXHIBIT A REFUNDED BOND ISSUES OBJECTS OR PURPOSES AND PERIODS OF PROBABLE USEFULNESS $5,803,167 Public Improvement (Serial) Bonds, 2008 Series A Objects or purposes, periods of probable usefulness, Section 11.00 Local Finance Law subdivisions and bond resolution adoption dates all per Bond Determinations Certificate dated August 1, 2008 incorporated herein by reference. AND $3,823,277 Public Improvement (Serial) Bonds, 2008 Series B (Federally Taxable) Objects or purposes, periods of probable usefulness, Section 11.00 Local Finance Law subdivisions and bond resolution adoption dates all per Bond Determinations Certificate dated August 1, 2008 incorporated herein by reference. AND $1,090,084 Public Improvement (Serial) Bonds, 2009 (Federally Taxable) Objects or purposes, periods of probable usefulness, Section 11.00 Local Finance Law subdivisions and bond resolution adoption dates all per Bond Determinations Certificate dated January 15, 2009 incorporated herein by reference. AND $11,283,389 Public Improvement (Serial) Bonds, 2010 Series A Objects or purposes, periods of probable usefulness, Section 11.00 Local Finance Law subdivisions and bond resolution adoption dates all per Bond Determinations Certificate dated January 15, 2010 incorporated herein by reference. AND $7,662,000 Public Improvement (Serial) Bonds, 2010 Series B (Federally Taxable) Objects or purposes, periods of probable usefulness, Section 11.00 Local Finance Law subdivisions and bond resolution adoption dates all per Bond Determinations Certificate dated January 15, 2010 incorporated herein by reference. Each of the above -referenced objects or purposes shall be refunded by a pro -rata allocation of the Refunding Bonds and amortized on a substantially level or declining debt service basis in accordance with paragraph d of Section 21.00 and paragraph c of Section 90.10 of the Local Finance Law based upon presently outstanding principal balances for each objector purpose. 0:I:I1:1k9.1 PRELIMINARY REFUNDING FINANCIAL PLAN CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK BACK-UP ITEM 9.2 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets Page 1 SOURCES AND USES OF FUNDS City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Dated Date 03/01/2017 Delivery Date 03/01/2017 Refunding of Refunding of Refunding of 2008 Series B 2009 2010 Series B Refunding of Refunding of (Federally (Federally (Federally Sources: 2008 Series A 2010 Series A Taxable) Taxable) Taxable) Total Bond Proceeds: Par Amount 2,635,000.00 6,120,000.00 3,120,000.00 590,000.00 6,515,000.00 18,980,000.00 Premium 169,727.35 750,393.55 920,120.90 2,804,727.35 6,870,393.55 3,120,000.00 590,000.00 6,515,000.00 19,900,120.90 Refunding of Refunding of Refunding of 2008 Series B 2009 2010 Series B Refunding of Refunding of (Federally (Federally (Federally Uses: 2008 Series A 2010 Series A Taxable) Taxable) Taxable) Total Refunding Escrow Deposits: Cash Deposit 0.33 0.72 0.66 0.47 0.08 2.26 SLGS Purchases 2,783,766.00 6,827,864.00 3,097,481.00 583,426.00 6,465,461.00 19,757,998.00 2,783,766.33 6,827,864.72 3,097,481.66 583,426.47 6,465,461.08 19,758,000.26 Delivery Date Expenses: Cost of Issuance 10,412.28 24,183.35 12,328.77 2,331.40 25,744.20 75,000.00 Underwriter's Discount 7,321.18 17,004.02 9,286.22 1,639.28 19,721.50 54,972.20 17,733.46 41,187.37 21,614.99 3,970.68 45,465.70 129,972.20 Other Uses of Funds: Additional Proceeds 3,227.56 1,341.46 903.35 2,602.85 4,073.22 12,148.44 2,804,727.35 6,870,393.55 3,120,000.00 590,000.00 6,515,000.00 19,900,120.90 Page 1 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets SAVINGS City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Date Prior Debt Service Refunding Debt Service Savings Present Value to 03/01/2017 @ 3.2899665% 12/31/2017 485,476.89 327,461.02 158,015.87 155,884.40 12/31/2018 1,500,953.78 1,359,317.00 141,636.78 126,031.68 12/31/2019 1,584,353.78 1,451,056.50 133,297.28 113,743.69 12/31/2020 2,526,850.66 2,366,827.25 160,023.41 134,252.92 12/31/2021 2,529,091.28 2,361,352.25 167,739.03 136,429.87 12/31/2022 2,527,335.04 2,366,673.50 160,661.54 125,708.98 12/31/2023 2,516,628.78 2,357,986.25 158,642.53 119,788.73 12/31/2024 1,996,925.65 1,860,618.50 136,307.15 105,265.27 12/31/2025 1,882,735.02 1,756,669.75 126,065.27 93,925.50 12/31/2026 1,882,578.77 1,752,405.50 130,173.27 93,847.41 12/31/2027 1,876,553.76 1,750,742.25 125,811.51 87,555.85 12/31/2028 921,935.63 833,520.75 88,414.88 58,424.08 12/31/2029 915,771.88 826,614.00 89,157.88 56,965.48 12/31/2030 906,975.01 817,870.75 89,104.26 55,023.56 12/31/2031 900,650.01 807,409.75 93,240.26 55,760.38 12/31/2032 891,725.01 805,397.00 86,328.01 49,599.42 12/31/2033 560,043.76 523,153.50 36,890.26 21,920.28 12/31/2034 552,053.13 511,150.00 40,903.13 23,585.50 26,958,637.84 24,836,225.52 2,122,412.32 1,613,713.01 Savings Summary PV of savings from cash flow 1,613,713.01 Plus: Refunding funds on hand 12,148.44 Net PV Savings 1,625,861.45 Page 2 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets SUMMARY OF REFUNDING RESULTS City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Page 3 Refunding of Refunding of 2008 Series B Refunding of 2010 Series B Refunding of Refunding of (Federally 2009 (Federally (Federally 2008 Series A 2010 Series A Taxable) Taxable) Taxable) Total Dated Date 03/01/2017 03/01/2017 03/01/2017 03/01/2017 03/01/2017 03/01/2017 Delivery Date 03/01/2017 03/01/2017 03/01/2017 03/01/2017 03/01/2017 03/01/2017 Arbitrage Yield 2.221208% 2.221208% 3.863013% 3.021084% 4.001229% 2.221208% Escrow Yield 0.613833% 1.216121% 0.613834% 0.829691% 1.212043% 1.164567% Value of Negative Arbitrage 18,451.45 122,331.88 41,194.82 10,767.46 310,576.85 503,322.46 Bond Par Amount 2,635,000.00 6,120,000.00 3,120,000.00 590,000.00 6,515,000.00 18,980,000.00 True Interest Cost 1.885448% 2.358285% 3.905562% 3.090024% 4.039241% 3.333138% Net Interest Cost 1.971105% 2.542371% 3.931232% 3.092659% 4.066021% 3.463265% All -In TIC 1.999321% 2.419147% 3.962335% 3.188507% 4.089104% 3.392320% Average Coupon 3.742492% 4.357557% 3.896349% 3.029111% 4.035839% 4.063584% Average Life 3.479 6.602 8.532 4.372 10.030 7.593 Weighted Average Maturity 3.532 6.698 8.532 4.372 10.030 7.561 Par amount of refunded bonds 2,735,000.00 6,450,000.00 3,005,000.00 555,000.00 5,885,000.00 18,630,000.00 Average coupon of refunded bonds 4.106640% 4.154557% 6.704845% 5.942466% 6.180740% 5.543105% Average life of refunded bonds 4.033 6.596 9.615 4.530 10.753 7.958 Remaining weighted average maturity of refunded bonds 4.017 6.587 9.574 4.520 10.665 7.922 PV of prior debt 2,826,961.86 6,806,113.62 3,838,946.22 619,933.16 7,421,879.04 21,513,833.91 Net PV Savings 157,449.50 312,616.23 590,830.19 38,895.82 526,069.71 1,625,861.45 Percentage savings of refunded bonds 5.756837% 4.846763% 19.661570% 7.008256% 8.939162% 8.727115% Percentage savings of refunding bonds 5.975313% 5.108108% 18.936865% 6.592512% 8.074746% 8.566183% Page 3 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets Page 4 SUMMARY OF BONDS REFUNDED City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Maturity Interest Par Call Call Bond Date Rate Amount Date Price 2008 Series A, 2008: SERIAL 08/0112018 4.0009/6 410,000.00 08101/2017 100.000 08!01/2019 4.0009/6 430,000.00 08/01/2017 100.000 08/01/2020 4.125% 445,000.00 08/01/2017 100.000 08!01/2021 4.125% 465,000.00 08/01/2017 100.000 08!01/2022 4.125% 485,000.00 08/01/2017 100.000 08/01/2023 4.125% 500,000.00 08/01/2017 100.000 08!01/2024 6.625% 2,735,000.00 08/01/2017 100.000 2008 Series B (Federally Taxable), 200BB: SERIAL 08/0112018 6.625% 120,000.00 08101/2017 100.000 08!01/2019 6.625% 130,000.00 08/01/2017 100.000 08/01/2020 6.625% 140,000.00 08/01/2017 100.000 08!01/2021 6.625% 150,000.00 08/01/2017 100.000 08/01/2022 6.625% 160,000.00 08/01/2017 100.000 08/01/2023 6.625% 170,000.00 08/01/2017 100.000 08!01/2024 6.625% 180,000.00 08/01/2017 100.000 0810112025 6.625% 190,000.00 08/01/2017 100.000 08!01/2026 6.625% 205,000.00 08/01/2017 100.000 08/01/2027 6.7009/6 220,000.00 08/01/2017 100.000 08!01/2028 6.7009/6 235,000.00 08/01/2017 100.000 08!01/2029 6.750% 250,000.00 08/01/2017 100.000 08/01/2030 6.750% 265,000.00 08/01/2017 100.000 08!01/2031 6.750% 285,000.00 08/01/2017 100.000 08/01/2032 6.750% 305,000.00 08/01/2017 100.000 3,005,000.00 2009 (Federally Taxable), 2009: 18,630,000.00 SERIAL 01/1512019 5.625% 80,000.00 01/15/2018 100.000 01/15/2020 5.625% 85,000.00 01/15/2018 100.000 0111512021 5.750% 90,000.00 01/15/2018 100.000 0111512022 6.0009/6 95,000.00 01/15/2018 100.000 01/15/2023 6.0009/6 100,000.00 01/15/2018 100.000 0111512024 6.125% 105,000.00 01/15/2018 100.000 555,000.00 2010 Series A, 2010A: SERIAL 01/1512020 4.0009/6 690,000.00 01115/2019 100.000 01/15/2021 4.0009/6 720,000.00 01/15/2019 100.000 0111512022 4.0009/6 755,000.00 01/15/2019 100.000 01/15/2023 4.0009/6 785,000.00 01/15/2019 100.000 01/15/2024 4.0009/6 820,000.00 01/15/2019 100.000 0111512025 4.0009/6 855,000.00 01/15/2019 100.000 01/15/2026 4.250% 895,000.00 01/15/2019 100.000 0111512027 4500% 930,000.00 01/15/2019 100.000 6,450,000.00 2010 Series B (Federally Taxable), 2010B: SERIAL 01/1512020 6.0009/6 275,000.00 01115/2019 100.000 01/15/2021 6.0009/6 290,000.00 01/15/2019 100.000 0111512022 6.0009/6 300,000.00 01/15/2019 100.000 0111512023 6.0009/6 315,000.00 01/15/2019 100.000 01/15/2024 6.0009/6 335,000.00 01/15/2019 100.000 0111512025 6.0009/6 350,000.00 01/15/2019 100.000 01/15/2026 6.0009/6 365,000.00 01/15/2019 100.000 0111512027 6.0009/6 385,000.00 01/15/2019 100.000 01/15/2028 6.125% 405,000.00 01/15/2019 100.000 01/15/2029 6.125% 425,000.00 01/15/2019 100.000 0111512030 6.250% 445,000.00 01/15/2019 100.000 01/15/2031 6.250% 465,000.00 01/15/2019 100.000 0111512032 6.250% 485,000.00 01/15/2019 100.000 01/15/2033 6.250% 510,000.00 01/15/2019 100.000 0111512034 6.375% 535,000.00 01/15/2019 100.000 5,885,000.00 18,630,000.00 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets BOND PRICING City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Maturity Bond Component Date Amount Rate Yield Price Premium (-Discount) Takedown Serial Bonds: 01/15/2018 400,000 3.000% 1.030% 101.705 6,820.00 2.500 01/15/2019 415,000 3.000% 1.300% 103.133 13,001.95 2.500 01/15/2020 1,085,000 3.000% 1.530% 104.114 44,636.90 2.500 01/15/2021 1,125,000 4.000% 1.740% 108.425 94,781.25 2.500 01/15/2022 1,180,000 4.000% 1.940% 109.531 112,465.80 2.500 01/15/2023 1,225,000 4.000% 2.090% 110.501 128,637.25 2.500 01/15/2024 775,000 4.000% 2.250% 111.083 85,893.25 2.500 01/15/2025 810,000 4.000% 2.390% 111.488 93,052.80 2.500 01/15/2026 850,000 5.000% 2.560% 119.253 163,650.50 2.500 01/15/2027 890,000 5.000% 2.690% 119.908 177,181.20 2.500 8,755,000 920,120.90 Serial Bonds (Federally Taxable): 07/15/2017 60,000 1.600% 1.600% 100.000 2.500 01/15/2018 250,000 1.820% 1.820% 100.000 2.500 01/15/2019 345,000 2.180% 2.180% 100.000 2.500 01/15/2020 625,000 2.550% 2.550% 100.000 2.500 01/15/2021 635,000 2.750% 2.750% 100.000 2.500 01/15/2022 650,000 3.030% 3.030% 100.000 2.500 01/15/2023 665,000 3.230% 3.230% 100.000 2.500 01/15/2024 680,000 3.420% 3.420% 100.000 2.500 01/15/2025 595,000 3.570% 3.570% 100.000 2.500 01/15/2026 610,000 3.670% 3.670% 100.000 2.500 01/15/2027 635,000 3.770% 3.770% 100.000 2.500 01/15/2028 655,000 3.970% 3.970% 100.000 3.000 01/15/2029 675,000 4.120% 4.120% 100.000 3.000 01/15/2030 695,000 4.270% 4.270% 100.000 3.000 01/15/2031 715,000 4.370% 4.370% 100.000 3.000 01/15/2032 745,000 4.400% 4.400% 100.000 3.000 01/15/2033 490,000 4.430% 4.430% 100.000 3.000 01/15/2034 500,000 4.460% 4.460% 100.000 3.000 10,225,000 18,980,000 920,120.90 Dated Date Delivery Date First Coupon Par Amount Premium Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds 03/01/2017 03/01/2017 07/15/2017 18,980,000.00 920,120.90 19,900,120.90 104.847845% (54,972.20) (0.289632%) 19,845,148.70 104.558212% 19,845,148.70 Page 5 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets BOND SUMMARY STATISTICS City of Ithaca Average Refunding of 2008 Series AB, 2009 and 2010 Series AB Dated Date 03/01/2017 Delivery Date 03/01/2017 Last Maturity 01/15/2034 Arbitrage Yield 2.221208% True Interest Cost (TIC) 3.333138% Net Interest Cost (NIC) 3.463265% All -In TIC 3.392320% Average Coupon 4.063584% Average Life (years) 7.593 Weighted Average Maturity (years) 7.561 Duration of Issue (years) 6.510 Par Amount 18,980,000.00 Bond Proceeds 19,900,120.90 Total Interest 5,856,225.52 Net Interest 4,991,076.82 Total Debt Service 24,836,225.52 Maximum Annual Debt Service 2,366,827.25 Average Annual Debt Service 1,472,018.63 Underwriter's Fees (per $1000) (54,972.20) Average Takedown 2.617887 Other Fee 0.278435 Total Underwriter's Discount 2.896322 Bid Price 104.558212 Page 6 Par Average Average Bond Component Value Price Coupon Life Serial Bonds 8,755,000.00 110.510 4.244% 5.662 Serial Bonds (Federally Taxable) 10,225,000.00 100.000 3.969% 9.246 18,980,000.00 7.593 All -In Arbitrage TIC TIC Yield Par Value 18,980,000.00 18,980,000.00 8,755,000.00 + Accrued Interest + Premium (Discount) 920,120.90 920,120.90 920,120.90 Underwriter's Discount (54,972.20) (54,972.20) Cost of Issuance Expense (75,000.00) Other Amounts Target Value 19,845,148.70 19,770,148.70 9,675,120.90 Target Date 03/01/2017 03/01/2017 03/01/2017 Yield 3.333138% 3.392320% 2.221208% Page 6 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets BOND DEBT SERVICE Period Ending City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Principal Interest Debt Service Series AB Bond Balance Total Bond Value 12/31/2017 60,000 267,461.02 327,461.02 18,920,000 18,920,000 12/31/2018 650,000 709,317.00 1,359,317.00 18,270,000 18,270,000 12/31/2019 760,000 691,056.50 1,451,056.50 17,510,000 17,510,000 12/31/2020 1,710,000 656,827.25 2,366,827.25 15,800,000 15,800,000 12/31/2021 1,760,000 601,352.25 2,361,352.25 14,040,000 14,040,000 12/31/2022 1,830,000 536,673.50 2,366,673.50 12,210,000 12,210,000 12/31/2023 1,890,000 467,986.25 2,357,986.25 10,320,000 10,320,000 12/31/2024 1,455,000 405,618.50 1,860,618.50 8,865,000 8,865,000 12/31/2025 1,405,000 351,669.75 1,756,669.75 7,460,000 7,460,000 12/31/2026 1,460,000 292,405.50 1,752,405.50 6,000,000 6,000,000 12/31/2027 1,525,000 225,742.25 1,750,742.25 4,475,000 4,475,000 12/31/2028 655,000 178,520.75 833,520.75 3,820,000 3,820,000 12/31/2029 675,000 151,614.00 826,614.00 3,145,000 3,145,000 12/31/2030 695,000 122,870.75 817,870.75 2,450,000 2,450,000 12/31/2031 715,000 92,409.75 807,409.75 1,735,000 1,735,000 12/31/2032 745,000 60,397.00 805,397.00 990,000 990,000 12/31/2033 490,000 33,153.50 523,153.50 500,000 500,000 12/31/2034 500,000 11,150.00 511,150.00 18,980,000 5,856,225.52 24,836,225.52 Page 7 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets ESCROW REQUIREMENTS Page 8 City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Period Principal Ending Interest Redeemed Total 07/15/2017 329,190.63 329,190.63 08/01/2017 156,286.26 5,740,000.00 5,896,286.26 01/15/2018 329,190.63 555,000.00 884,190.63 07/15/2018 312,896.88 312,896.88 01/15/2019 312,896.88 12,335,000.00 12,647,896.88 1,440,461.28 18,630,000.00 20,070,461.28 Page 8 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets SLGS Summary SLGS Rates File 15DEC16 ESCROW DESCRIPTIONS 6,951,796.00 Total Notes 12,806,202.00 Total original SLGS 19,757,998.00 City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Type of Type of Maturity First Int Par Max Security SLGS Date Pmt Date Amount Rate Rate Mar 1, 2017: SLGS Certificate 07/15/2017 07/15/2017 270,090 0.560% 0.560% SLGS Certificate 08/01/2017 08/01/2017 5,881,247 0.610% 0.610% SLGS Certificate 01/15/2018 01/15/2018 800,459 0.830% 0.830% SLGS Note 07/15/2018 07/15/2017 234,990 1.040% 1.040% SLGS Note 01/15/2019 07/15/2017 12,571,212 1.220% 1.220% 19,757,998 SLGS Summary SLGS Rates File 15DEC16 Total Certificates of Indebtedness 6,951,796.00 Total Notes 12,806,202.00 Total original SLGS 19,757,998.00 Page 9 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets ESCROW SUFFICIENCY City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Date Escrow Requirement Net Escrow Receipts Excess Receipts Excess Balance 03/01/2017 2.26 2.26 2.26 07/15/2017 329,190.63 329,190.94 0.31 2.57 08/01/2017 5,896,286.26 5,896,285.27 (0.99) 1.58 01/15/2018 884,190.63 884,190.06 (0.57) 1.01 07/15/2018 312,896.88 312,896.35 (0.53) 0.48 01/15/2019 12,647,896.88 12,647,896.40 (0.48) 20,070,461.28 20,070,461.28 0.00 Page 10 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets ESCROW CASH FLOW City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Date Principal Interest Net Escrow Receipts 07/15/2017 270,090.00 59,100.94 329,190.94 08/01/2017 5,881,247.00 15,038.27 5,896,285.27 01/15/2018 800,459.00 83,731.06 884,190.06 07/15/2018 234,990.00 77,906.35 312,896.35 01/15/2019 12,571,212.00 76,684.40 12,647,896.40 19,757,998.00 312,461.02 20,070,459.02 Escrow Cost Summary Purchase date 03/01/2017 Purchase cost of securities 19,757,998.00 Page 11 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets PROOF OF NEW YORK STATE EFFECTIVE INTEREST COST City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Effective Interest Cost 3.28996648% Par 18,980,000.00 Accrued Interest -OID / +OIP 920,120.90 Proceeds 19,900,120.90 NPV of Debt Service at EIC Date Debt Service to Final Maturity Total EIC Debt Service PV factor at EIC of 3.290% PV of Cashflow 07/15/2017 327,461.02 327,461.02 0.9879271140 323,507.62 01/15/2018 1,008,796.00 1,008,796.00 0.9719388822 980,488.06 07/15/2018 350,521.00 350,521.00 0.9562093979 335,171.47 01/15/2019 1,110,521.00 1,110,521.00 0.9407344735 1,044,705.39 07/15/2019 340,535.50 340,535.50 0.9255099893 315,169.01 01/15/2020 2,050,535.50 2,050,535.50 0.9105318923 1,867,077.97 07/15/2020 316,291.75 316,291.75 0.8957961950 283,332.95 01/15/2021 2,076,291.75 2,076,291.75 0.8812989746 1,829,833.79 07/15/2021 285,060.50 285,060.50 0.8670363716 247,157.82 01/15/2022 2,115,060.50 2,115,060.50 0.8530045891 1,804,156.31 07/15/2022 251,613.00 251,613.00 0.8391998915 211,153.60 01/15/2023 2,141,613.00 2,141,613.00 0.8256186038 1,768,155.54 07/15/2023 216,373.25 216,373.25 0.8122571105 175,750.71 01/15/2024 1,671,373.25 1,671,373.25 0.7991118544 1,335,614.18 07/15/2024 189,245.25 189,245.25 0.7861793361 148,780.71 01/15/2025 1,594,245.25 1,594,245.25 0.7734561127 1,233,078.73 07/15/2025 162,424.50 162,424.50 0.7609387970 123,595.10 01/15/2026 1,622,424.50 1,622,424.50 0.7486240568 1,214,586.01 07/15/2026 129,981.00 129,981.00 0.7365086135 95,732.13 01/15/2027 1,654,981.00 1,654,981.00 0.7245892419 1,199,181.43 07/15/2027 95,761.25 95,761.25 0.7128627689 68,264.63 01/15/2028 750,761.25 750,761.25 0.7013260725 526,528.44 07/15/2028 82,759.50 82,759.50 0.6899760816 57,102.08 01/15/2029 757,759.50 757,759.50 0.6788097746 514,374.56 07/15/2029 68,854.50 68,854.50 0.6678241788 45,982.70 01/15/2030 763,854.50 763,854.50 0.6570163696 501,864.91 07/15/2030 54,016.25 54,016.25 0.6463834699 34,915.21 01/15/2031 769,016.25 769,016.25 0.6359226489 489,034.85 07/15/2031 38,393.50 38,393.50 0.6256311218 24,020.17 01/15/2032 783,393.50 783,393.50 0.6155061488 482,183.52 07/15/2032 22,003.50 22,003.50 0.6055450345 13,324.11 01/15/2033 512,003.50 512,003.50 0.5957451270 305,023.59 07/15/2033 11,150.00 11,150.00 0.5861038174 6,535.06 01/15/2034 511,150.00 511,150.00 0.5766185391 294,738.57 24,836,225.52 24,836,225.52 19,900,120.90 Page 12 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets PROOF OF ARBITRAGE YIELD Date City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Present Value to 03/01/2017 Debt Service Total @ 2.2212084507% 07/15/2017 129,756.67 129,756.67 128,694.15 01/15/2018 574,300.00 574,300.00 563,340.83 07/15/2018 168,300.00 168,300.00 163,275.05 01/15/2019 583,300.00 583,300.00 559,668.65 07/15/2019 162,075.00 162,075.00 153,800.71 01/15/2020 1,247,075.00 1,247,075.00 1,170,410.38 07/15/2020 145,800.00 145,800.00 135,333.84 01/15/2021 1,270,800.00 1,270,800.00 1,166,619.91 07/15/2021 123,300.00 123,300.00 111,948.57 01/15/2022 1,303,300.00 1,303,300.00 1,170,316.06 07/15/2022 99,700.00 99,700.00 88,543.61 01/15/2023 1,324,700.00 1,324,700.00 1,163,544.22 07/15/2023 75,200.00 75,200.00 65,326.06 01/15/2024 850,200.00 850,200.00 730,454.29 07/15/2024 59,700.00 59,700.00 50,728.21 01/15/2025 869,700.00 869,700.00 730,883.24 07/15/2025 43,500.00 43,500.00 36,155.23 01/15/2026 893,500.00 893,500.00 734,479.50 07/15/2026 22,250.00 22,250.00 18,089.16 01/15/2027 912,250.00 912,250.00 733,509.23 10,858,706.67 10,858,706.67 9,675,120.90 Proceeds Summary Delivery date 03/01/2017 Par Value 8,755,000.00 Premium (Discount) 920,120.90 Target for yield calculation 9,675,120.90 Page 13 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets FORM 8038 STATISTICS City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Dated Date 03/01/2017 Delivery Date 03/01/2017 Redemption Bond Component Date Principal Coupon Price Issue Price at Maturity Serial Bonds: Proceeds used to currently refund prior issues 0.00 Proceeds used to advance refund prior issues 9,611,631.05 Remaining weighted average maturity of the bonds to be currently refunded 0.0000 Remaining weighted average maturity of the bonds to be advance refunded 01/15/2018 400,000.00 3.000% 101.705 406,820.00 400,000.00 01/15/2019 415,000.00 3.000% 103.133 428,001.95 415,000.00 01/15/2020 1,085,000.00 3.000% 104.114 1,129,636.90 1,085,000.00 01/15/2021 1,125,000.00 4.000% 108.425 1,219,781.25 1,125,000.00 01/15/2022 1,180,000.00 4.000% 109.531 1,292,465.80 1,180,000.00 01/15/2023 1,225,000.00 4.000% 110.501 1,353,637.25 1,225,000.00 01/15/2024 775,000.00 4.000% 111.083 860,893.25 775,000.00 01/15/2025 810,000.00 4.000% 111.488 903,052.80 810,000.00 01/15/2026 850,000.00 5.000% 119.253 1,013,650.50 850,000.00 01/15/2027 890,000.00 5.000% 119.908 1,067,181.20 890,000.00 8,755,000.00 9,675,120.90 8,755,000.00 Stated Weighted Maturity Interest Issue Redemption Average Date Rate Price at Maturity Maturity Yield Final Maturity 01/15/2027 5.000% 1,067,181.20 890,000.00 Entire Issue 9,675,120.90 8,755,000.00 5.7802 2.2212% Proceeds used for accrued interest 0.00 Proceeds used for bond issuance costs (including underwriters' discount) 58,920.83 Proceeds used for credit enhancement 0.00 Proceeds allocated to reasonably required reserve or replacement fund 0.00 Proceeds used to currently refund prior issues 0.00 Proceeds used to advance refund prior issues 9,611,631.05 Remaining weighted average maturity of the bonds to be currently refunded 0.0000 Remaining weighted average maturity of the bonds to be advance refunded 5.8196 Page 14 Dec 15, 2016 11:04 am Prepared by RBC Capital Markets FORM 8038 STATISTICS City of Ithaca Refunding of 2008 Series AB, 2009 and 2010 Series AB Refunded Bonds Bond Component Date Principal Coupon Price Issue Price 2008 Series A: SERIAL SERIAL SERIAL SERIAL SERIAL SERIAL 2010 Series A: SERIAL SERIAL SERIAL SERIAL SERIAL SERIAL SERIAL SERIAL 08/01/2018 410,000.00 08/01/2019 430,000.00 08/01/2020 445,000.00 08/01/2021 465,000.00 08/01/2022 485,000.00 08/01/2023 500,000.00 2,735,000.00 01/15/2020 690,000.00 01/15/2021 720,000.00 01/15/2022 755,000.00 01/15/2023 785,000.00 01/15/2024 820,000.00 01/15/2025 855,000.00 01/15/2026 895,000.00 01/15/2027 930,000.00 99.171 6,450,000.00 4.000% 102.121 418,696.10 4.000% 101.129 434,854.70 4.125% 100.934 449,156.30 4.125% 100.185 465,860.25 4.125% 99.736 483,719.60 4.125% 99.171 495,855.00 2,748,141.95 4.000% 101.894 703,068.60 4.000% 101.131 728,143.20 4.000% 100.752 760,677.60 4.000% 100.000 785,000.00 4.000% 98.680 809,176.00 4.000% 97.790 836,104.50 4.250% 100.000 895,000.00 4.500% 101.479 943,754.70 6,460,924.60 9,185,000.00 9,209,066.55 Remaining Last Weighted Call Issue Average Date Date Maturity 2008 Series A 08/01/2017 08/07/2008 4.0166 2010 Series A 01/15/2019 01/15/2010 6.5866 All Refunded Issues 01/15/2019 5.8196 Page 15 9.3 A Resolution Authorizing the Issuance of $6,464,450 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for Said c1tv 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 $6,464,450 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 class of objects or purposes, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and expenses in connection therewith, are as follows: a) Construction and reconstruction of various streets throughout and in and for said City, at a maximum estimated cost of $500,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $500,000 of the $6,464,450 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 class of objects or purposes is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; b) Construction of improvements to various City buildings, in and for said City, at a maximum estimated cost of $367,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $367,000 bonds of the $6,464,450 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 class of objects or purposes is 15 years, pursuant to subdivision 91, based upon subdivisions 12(a)(1) and 12(a)(2) of paragraph a of Section 11.00 of the Local Finance Law; C) Purchase and installation of street lights, in and for said City, at a maximum estimated cost of $653,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $653,000 bonds of the $6,464,450 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the ultimate amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 30 years, pursuant to subdivision 5 of paragraph a of Section 11.00 of the Local Finance Law; d) Site improvements to the Hangar Theatre Building, in and for said City, including site demolition, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $6,464,450 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 20(f) of paragraph a of Section 11.00 of the Local Finance Law; e) Planning costs for bridge inspection program, in and for said City, at a maximum estimated cost of $101,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $101,000 bonds of the $6,464,450 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 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; f) Design and scoping costs for the replacement of the Brindley Street Bridge (Phase II), in and for said City, at a maximum estimated cost of $134,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $134,000 bonds of the $6,464,450 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the ultimate amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; g) Transportation improvements for the Cascadilla Creekway Project, including replacement of Sears Street Pedestrian Bridge, replacing and enhancing the railing along Cascadilla Creek, and making pedestrian and bicycle improvements at various City intersections thereat, in and for said City, at a maximum estimated cost of $340,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $340,000 bonds of the $6,464,450 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such class of objects or purposes, the ultimate amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 10 years, pursuant to subdivision 90, based upon subdivisions 10 and 24 of paragraph a of Section 11.00 of the Local Finance Law; h) Reconstruction of and construction of improvements to the Dryden Road Parking Garage, in and for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $6,464,450 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; i) Design and construction of new traffic control improvements at the five corners intersection of Ithaca Road, Dryden Road, Maple Avenue, Cornell Street, and Oak Avenue, in and for said City, at a maximum estimated cost of $76,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $76,000 bonds of the $6,464,450 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 91, based on 20(c) and 72(2nd) of paragraph a of Section 11.00 of the Local Finance Law; j) Spencer Street and Quarry Street intersection improvement study (Phase II), in and for said City, including incidental equipment, at a maximum estimated cost of $150,000. 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 $6,464,450 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 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; k) Roof replacement of the Stewart Park Pavilion, in and for said City, at a maximum estimated cost of $181,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $181,000 bonds of the $6,464,450 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 19(c) of paragraph a of Section 11.00 of the Local Finance Law; 1) Traffic calming improvements at various City streets, in and said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $51,000 bonds of the $6,464,450 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 class of objects or purposes is 10 years, pursuant to subdivision 90, based upon subdivisions 20(c) and 72(2nd) of paragraph a of Section 11.00 of the Local Finance Law; m) Greater Ithaca Activities Center pool improvements, consisting of the construction and installation of an ADA compliant chair lift and other minor structural improvements, in and for said City, at a maximum estimated cost of $32,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $32,000 bonds of the $6,464,450 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 5 years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; n) Construction of improvements to the Cass Park Pool deck, in and for said City, at a maximum estimated cost of $23,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $23,500 bonds of the $6,464,450 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 19(c) of paragraph a of Section 11.00 of the Local Finance Law; o] Cayuga Street lighting improvements, in and for said City, at a maximum estimated cost of $126,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $126,000 bonds of the $6,464,450 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 30 years, pursuant to subdivision 5 of paragraph a of Section 11.00 of the Local Finance Law; P) Construction of play area improvements to the Commons, consisting of the removal of the deck on the play structure, redesign of the entrances on the play structure to allow for improved ADA compliance and additional activity panels installation, in and for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $6,464,450 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 19(c) of paragraph a of Section 11.00 of the Local Finance Law; q) Improvements to the roof of the City Court facility, in and for said City, at a maximum estimated cost of $30,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $30,500 bonds of the $6,464,450 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 90, based upon subdivisions 12(a)(1) and 13 of paragraph a of Section 11.00 of the Local Finance Law; r) The purchase, installation and improvement of transit facilities and equipment, for said City, consisting of bus replacement and passenger facilities, including transit software and hardware, at a maximum estimated cost of $153,700. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $153,700 bonds of the $6,464,450 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 class of objects or purposes is 5 years, pursuant to subdivision 89, based upon subdivisions 12, 29 and 106 of paragraph a of Section 11.00 of the Local Finance Law; S) The purchase of equipment for various departments, at an aggregate maximum estimated cost of $534,440, allocated as follows: (i) Purchase of equipment for maintenance purposes, each item of which costs $30,000 or more, for said City, at an aggregate maximum estimated cost of $383,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $383,000 bonds of the $6,464,450 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 class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and (ii) Purchase of police cars to replace those in service for one year or more, for said City, at a maximum estimated cost of $201,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $201,000 bonds of the $6,464,450 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 class of objects or purposes is 3 years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law t) Purchase and installation of parking meters and related equipment, in and for said City, at a maximum estimated cost of $252,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $252,000 bonds of the $6,464,450 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 class of objects or purposes is 5 years, pursuant to subdivision 50 of paragraph a of Section 11.00 of the Local Finance Law; U) Replacement of the Coddington Road water tank dome, in and for said City, at a maximum estimated cost of $599,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $599,500 bonds of the $6,464,450 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; V) Replacement of 6 and 12 -inch water mains at the intersection of Ithaca Road, Dryden Road, Maple Avenue, Cornell Street, and Oak Avenue, in and for said City, at a maximum estimated cost of $56,100. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $56,100 bonds of the $6,464,450 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; W) Replacement of 6 and 12 -inch sewer mains at the intersection of Ithaca Road, Dryden Road, Maple Avenue, Cornell Street, and Oak Avenue, in and for said City, at a maximum estimated cost of $84,150. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $84,150 bonds of the $6,464,450 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; X) Water connection improvements, consisting of improvements to water connections at the City line on Cliff Street and Trumansburg Road, in and for said City, at a maximum estimated cost of $80,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $80,000 bonds of the $6,464,450 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; Y) University Avenue water main replacement, in and for said City, at a maximum estimated cost of $22,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $22,000 bonds of the $6,464,450 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; Z) University Avenue sewer main replacement, in and for said City, at a maximum estimated cost of $33,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $33,000 bonds of the $6,464,450 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; aa) Refurbishment of a fire -fighting heavy rescue vehicle, for said City, at a maximum estimated cost of $100,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $100,000 bonds of the $6,464,450 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 20 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; bb) Design and construction of ADA ramps and pedestrian improvements, consisting of curb bulb -outs, together with equipment, signage and striping for various sites, in and for said City, at a maximum estimated cost of $250,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $250,000 bonds of the $6,464,450 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the ultimate amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law; cc) Design costs in connection with the construction of the Elmira Road overlay and traffic signal replacement, in and for said City, at a maximum estimated cost of $210,600. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $210,600 bonds of the $6,464,450 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 class of objects or purposes is 5 years, pursuant to subdivision 62nd(2nd) of paragraph a of Section 11.00 of the Local Finance Law; dd) Design costs for the reconstruction of the East State Street/MLK Retaining Wall, in and for said City, at a maximum estimated cost of $816,400. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $816,400 bonds of the $6,464,450 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the ultimate amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62nd(2nd) of paragraph a of Section 11.00 of the Local Finance Law; ee) Expansion costs to the Greater Ithaca Activities Center wading pool, in and for said City, at a maximum estimated cost of $305,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $305,000 bonds of the $6,464,450 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the ultimate amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of 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; Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $6,464,450, and the plan for the financing thereof is by the issuance of the $6,464,450 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance with the maximum estimated cost of each stated in 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 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 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. 9.4 A Resolution Authorizing the Issuance of an Additional $950,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Stewart Avenue Bridge Painting and Reconstruction Project, in and for Said City WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, 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 specific object or purpose of paying part of the cost of painting of the Stewart Avenue Bridge over Cascadilla Creek, in and for the City of Ithaca, Tompkins County, New York, including incidental railing and deck reconstruction, there are hereby authorized to be issued an additional $950,000 bonds pursuant to the provisions of the Local Finance Law. Said specific object or purpose is hereby authorized at the new maximum estimated cost of $1,030,000. Section 2. The plan for the financing of such $1,030,000 maximum estimated cost is as follows: a) By the issuance of the $80,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated July 15, 2015; and b) By the issuance of the additional $950,000 bonds of said City herein authorized; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law, computed from July 31, 2015, the date of the first bond anticipation note issued therefor. Section 4. 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 5. 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 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 6. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 7. 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 8. 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 9. 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 10. This resolution, which takes effect immediately, shall be published in summary form in 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. Bond Resolution BACK-UP ITEMS 9.3 AND 9.4 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-5690 Office of City Controller Telephone: 6071274-6576 Fax: 607 1 274-6415 City of Ithaca Bond Resolution Information CA Meeting 12/21/16 The City normally borrows funds twice a year, January or February and then again in August. To borrow funds Council must first authorize the issuance of the bonds. This request is to approve the authorization of Capital Projects approved by Council since our last authorization in July 2016. The projects needed for authorization include projects approved as part of the 2017 Budget and any Council authorized projects from August. All projects are issued on a cash flow need basis, meaning that enough funds will be issued to cover costs over the next six months as cash is needed. Attached you will find the projects needed for authorization in the amount of $7,414,450. My concerns for a HEAVY City debt load continue and we need to find ways to reduce the high amount of debt we have. Going forward the high annual debt costs will restrict use of city funds for other uses. We are required to pay our debt first. Our current debt outstanding including this issue is $131,843,652. While, $62,957,039 of our outstanding debt is related to water, sewer, storm water, installment debt, ILIRA or wastewater and is exempt from the debt limit, we still have a significant amount of outstanding debt, $68,886,613. In addition, some or our debt will be reimbursed from Federal and State aid. We have not received the resolutions from the bonding atttorney, but we will send them out as soon as they are received. A two-thirds vote of the entire voting strength of CC is needed for approval in January. In some cases, we will borrow an amount greater than what is needed due to the fact we have to upfront the costs. Several of the projects will have future reimbursements from State, Federal or other funding sources that will be used to pay down on the issuance of BANS needed upfront. The largest project in this authorization is for the Stewart Ave Bridge Painting project at $950,000. Also included, is the East State St/ MILK Retaining Wall project for $816,400. The total issuance for January 2017 will be $8,493,750 plus renewal of the BANS coming due. Of the new money, $5,539,000 is General Fund bonds. The other $2,757,600 is for water and sewer activity bonds. The largest amount relates to the Water Treatment Plant project for $2,000,000. This will be the last issue for that project as it will be completed in mid -2017. Interest rates are starting to inch up since our last issue in August. Our rate in August was .84%. The market is currently in a somewhat volatile condition, and the economy remains uncertain at this time. We expect to borrow these funds through Bond Anticipation Notes at interest rates between .70% and 1.50%. The investment rate is lower and is currently around .13%. Rates are changing daily. We will continue to look at the possibility of going long-term with some of our debt as long-term rates are still favorable at this time, around the 3.909/6 mark. Issuing funds now will allow us to take advantage of the historically low interest rates. Because of the large amount of this issuance we need to be even more stringent on the future funding of projects. We will have to be re -rated as part of our issuance and there is always a possibility of a lower rating which would increase our interest rates for the future. "An Equal Opportunity Employer with a commitment to workforce diversification." City of Ithaca Summary of Bond Authorizations 2017 issue 12!21!2016 New issues: 2017 Council Authorization Project_ _ Date a Description 1112/2016 Capital Projects Authorized with 2017 Budget General Fund 11 i2,12016. 835 2017 DPW Street and Road Construction To fund construction of various streets in the City during 2017 New money New project 11/272016 836 City Facilities Improvements To fund various building improvements to City facilities /hat may come up in 2017. New money. New project _ The improvements will generally be of a short-term repair or improvement nature to City buildings that in the long may be consolidated or moved. 1112/2016_ 837 Street Light Acquisjtion and Uuprade To fund the purchase of City Street lights from NYSEG and allow for and updrade in lighting to LED Payback expected to be short as we will see savings from NYSEG Street Light lease and electricity savings. New money. New project. Funds may also require street Lighting equipment purchase The City has approximately 1800 Street Lights. Grant funds may be available to Dffsett some of the cost 11/212016 754 Hangar Theatre Building Site t_mproyements To fund new construction site costs to city owned building. Costs to include site demolition, builchma improvements_ parking lot improvements and storm drainage improvements Amended project. Previously total authorization was $300,0D0, New money. Amended Project 1172I2016 838 Bridge Inspection Program To fund a preventative Bridge Inspection program for City Bridges It is expected that a consultant would be hired to inventory and inspect various City Bridges New money New project 1112/2016, 764 Brindley Street Bridge Replacement To amend funding of the design for the replacement of the one -lane Brindley Street Bridge_ The reconstruction of the bridge will rel current bridge with a IwoAane bridge These funds will be expended on scopine and design Full construct on will lake place in 2018 Possible Federal and State funding up to 85%. New money and amended project. The original authorization was in the 2011 Budget for $205,000. This will give a total Authonzat of $339,000 i i 1 11/212016 802 Transportation Alternatives Pro pram 1Cascadilta Creel _ 121712016 To fund transportation improvements in the City including replacing the Sears Street Pedestrian Bridge. replacing and enhancing the railing along Cascadilla Creek and making pedestrian and bicycle improvements at various city intersections- The original project was authorized in the amount of $750,000- This will amend the project by $340,000 for a new authorization of $1,090,000- We previously issued $150,000 on 7/31115- This is an upfront costs with Federal and State reimbursement of $850,000 Final City costs to be $240.000- 11020.16 8391Dryden RoadlPar iinaGarage Improvements To fund improvements to the Dryden Road Parking Garage. Improvements will include design staircases, structural slaps, post tesion_ed tendons,, deck coatings, storm drains and standpipes. This will be a 3 year phased project. New money. New project i 111212016, 840 Five Corners Intersection Traffic Control Improvements To fund the design and construction of new traffic control at the five corners intersection of fthaca Road, Dryden Road. Maple Ave, Cornell Street and Oak Ave. During the design, a decision will be made to either replace the existinic traffic signal or construct a roundabout New money New Project 797.Spencer Street/Quarry Street Intersection Improvement Study To fund a study to make improvements at the imtersecWn of Spencer Street and Quant' Street in the City. This will amend the original project of $41,000 by $150,000 for a lata! authorization of $191,000. We will also be receiving Cl funds acid sidewalk funds to add to the authorization. Construriion w_ ill include sidewalks. curbing and some street improvements. The last issue was 206114 for $41,000. City of Ithaca Page 2 Bond Resolution Amount Status $ 500,000 ssue S 500,0001 $ 367,000 issue $ 367,000 $ 653,000 issue S 653,000 S 51,000 issue $ 51,000 5 101,000 Issue I S i 101,000 S 134,000 ssue i$ 134,000 340,000 issue $ 550,000 1 51,0001 Tissue $ 51,0001 76,000 issue $ 76,000 1 $ 150,000 issue $ 150,0001 New Issues: Ccuncfl Aulhori7ation cLate 71/21201 G 121712016 1102016 1112!2010 Iii 1 f1212D16 1 1!2!2016 11i212016 1112!2016 1112/2016 1102416 11/212016 City of Ithaca Summary of Bond Authorizations 2017 issue 1 212 1 120 1 6 2017 Project Description 818 Stewart Avenue Bridge.Painting To amend the bridge painting for the Stewart Avenue Bridge over Cascadiva Creek in the City The project would be funded upfront with City funds with rater repayment by federallstate aid of $952.850 Total City funding is $77,150. Amend project New money. Original authorization was $80,000, the new authorization is $1,030,000 Issued $50,000 on 7131115 The project will include painting, railing work and some deck repairs. 800 ii Stewart Park Pavilion. Roof_Replacemenls This will fund the stewart park maintenance building roof. This amends the project by $181,000 to a total authorizati_on_of $436,000. This is new money The original project was issued on 2119114 for $255.000 F — 841 Traffic Calming To fund traffic calming on various City streets. These funds wiii be used to construct various types of traffic calming measures in the City including bulb outs, speed bumps and speed signs, New project and money 755 GIAC Pool ImproVe_ments _ This would fund the construchon and installation of an ADA compliant chair lift and some other minor structural improvements to the GIAC Pool This will amend a project established in 2010 and 2014 for $96 500 New money and amended project 814_Cass Park Pool Pool Peck Improve-ments To amend the current project to include pool deck repairs to the Cass Pool. The improvements will be to replace the current failing corcrele back system New money and amended project The original project was issue on 2119115 for $85,_200. The new authonzed amount will be $108.700. 842 CaLugaStreet Li�hting_ImprOvments _ To install improved street lighting and improve pedestrian access by removing concrete planters en Cayuga Street in the City of Ithaca, Current lighting is not functional and unsafe. The concrete planters will be removed to improve pedestrian movement on Cayuga Street New money and project I i i 724 Commons Improvements To amend the project to include removal of the deck on the play structure, redesign the entrances on the play structure to _ allow for improved ADA compliance for the structure The project will also include added activity panels for Wheelchair __access New money and amended project. This would in -crease_ the current authorization by $51.000 to $13,901.0__0.0, The last issue was 81104 in the amount of $4,000,000. 843 City Court fiacifity Roof Top Unit and Roof Improveme_ nts Te fund the replacement of the City Court roof top unit heat exchanger and improve the Court roof due to failing flashing New money and project We may receive 251k state aid for this project from NYS Court aid 753_ _Ira_ nsit Imp_ rovements _ To fund transit improvements such as bus replacement passenger facilities and transit software and hardware. This is new maney, but will amend the current transit project by $153,7D0. Bond Resolution Amount_ Status Amo_u_n_t to issue $ 950,000 partial issue $ 550,000 84. 5,2017 Equipment Ac- uisitions issue _ $ To fund 2017 egmpmeTlt acquisitions for various department including the following i 51,000 1 Ton Dump Truck - Parks $ 55,500.00 _ Utility Vehicle - Electricians $ 45,500.00 Lift Gate - Sign shop $ 35,200.00 Pick Up - Parks 584,000 $ 30,200.00 I Backhoe - Highway 252,000 $ 111,000,00 Liftgate - Garage $ 35,200.00 Tee Mower - Golf Course $ 35,200-00 Self Propelled Sprayer - Golf Course $ 35,200.00 Police Department Patrol Vehicles/Equipment $ 201,000.00 777 City of Ithaca Page 3 181,000 issue $ 181,000 i 51,000 issue $ 51,000 32,000 issue $ 32,000 23,500 issue S 23,500 126,000 Issue $ 126,000 51,000 issue $ 51,1 30,500 issue $ 30,500 153,700 partial issue $ 50,000 584,000 issue S 584,000 252,000 issue $ 252,000 City of Ithaca Summary of Bond Authorizations 2017 issue 12!2112016 New Issues: 2017 Council Authorization Project' Date_ _ .f! Descri tion Bond Resolution Amount) ,status Amount to issue To acquire additronal pay stations, parking equipment and/or electronic meter heads Io replace or supplement City parking garages equipmentlmeters. Revenue increase will produce a short payback of the cost New money - - and amended project Last issued $407.000 on 2119116. Total authorization $1,111,000 11f2120i5' 532 Cuddington Road Water Tank DomeReplacement $ 599,500 - issue S 599,5(10 To fund the replacement of the dome on the Coddington Road Tank in the City. New money and new project. Includes dome replacementnew hatch, ventilator and interior elastomeric coaling 11!212018 533 Five Corners Intersection Improvements Water R, ¢placement S 56,100 issue $ 56,100 To fund the replacement of 6 and 12 -inch water main during Improvement to the five corner traffic control improvement project at the intersection of Ithaca Road, Dryden Road, Maple Ave, Cornell Street and Oak Ave New money aryl project 11!212016 632 Five Corners Intersection Improvements Sewer Replacement $ 84,150 issue 5 84,150 - To fund the replacement of 6 and 12 -inch sewer main during improvement to the five earner traffic control improvement project at the intersection of Ithaca Road, Dryden Road, Maple Ave, Cornell Street and Oak Ave New money and project 11,'2120_1.6- 535 TrumansburglCitV Water Connection Improvements E 8Q,000 - ssue 5 80,000 To fund the improvments to water connections at the City line on Cliff Street and Tr imansburg Road This work will be done in conjunchon with the Town of Ithaca. This will change the connection point with the Town's water main New money and and project 1112_12616 536 University Ave Water Main Replacement E 22,000 issue S 22,000 - To fund the replacement of water mains on Lfniversity Ave in the City. New money and project 1 112!2016 633 University Ave Sewer Main Replacement E 33,000 issue S 33,0(10 To fund the replacement of sewer mains on University Ave in the City New money and project P1512016 821 Fire -Heavy Rescue AcpuisitionfRefurbishment $ 100.000 issue $ 100.000 _ To fund the refurbishment of the body of a 1999 frock and to replace the chassis. New money Amended project - - The refurbishment will recycle/recondition the existing body and install a new chassis and motor The cost increased and this will amend the project by $100,040 to a total authorization of $555,000 Last issue was 2119116 for $455,000 8!312.016 831 ADA Ramps and Pedestrian Enhancements City Streets $ 250.000 partial issue $ 10.0.00.0 To fund the design and construction of American with Disabilities (ADA) ramps and pedestrian improvements including curb bulbouls. equipment. signage and striping for various sites in the City. The funds wi0 be 100'7, reimbursed by NYS aid Total city cost will be $0 We have to upfront the expense New project and money 91712016 532 Elmira Road Overlay and Traffic 5ional_Replacement $ 210,600 partial issue $ 50,000 To fund the design costs for the Elmira Read overlay and Traffic signal replacement of two signals The two traffic signai replacernents are at the intersection of Commercial Ave and Spencer street on Elmira Road We will upfront the cost and be _ reimbursed 88% of the cost The city's share will be $24,420. New project and money 9+7!2016 833 East State Street1MLK Retaininn Wall Reconstruction $ 816.400 partial $ 300,000 To fund the design costs for the reconstruction of the East State StreellMLK Retaining Wall The wall is 100 years old and - 300 feet long and varying in height from 8 feel to 20 feet. The wall appears to be in serious deterioration. The project could be costly depending on the reconstruction need The city will need to upfront the cost with later reimbursement of 95% from federal grid state funding The city cost will be 5% of the total project New project and money 917/2016 834 GIAC Wading Pool_E_xpansion - To fund the casts to expand the Greater Ithaca Activities Cenler {GIAC) wading pool expansion. These funds will be for design $ 305.000 ,partial issue $ 175,000 and construction We have to upfront the costs with later reimbursement of $280,000 from C0BG funds and private donations The City cost will be $25.000 New money and project. 1114!2016 822 Fire -East Hill Fire Station Design $ partial issue $ 150,000 City of Ithaca Paige 4 City of Ithaca Summary of fiend Authorizations 2017 issue 1 212 1 12 01 6 New Issues: 2017 Council Authorization Protect l Datel #.,Description Bond Resolution_ Amount: j Status Amount to. issue 1'o fund the design study to determine new sites and construction of new Fire Station in the City/Town This would fund design of a new Fire Station and the sale of existing the Fire Station on East Hill. _Previously authorized. NYS funds are _ available for the relocation of the Fire Station. Will also include looking at improvements to Central and East Hili Stations. Will also look at other city facibles in relation to the Fre Station to determine if consolidation and improvements are needed Last issued $30,600 on 7126116 Total issued to -date is $80,600 11512000_ 510 Water Treatment Plant Imp rov_amentslRenlacement $ - partial issue $ 2,000,000 402013 Project was established to improve or replace the current Crty Water Treatment Plant. _ 514!2016 This protect was only a portion of the costs of full construction of new plant or hooking up to the exrsting Town of Ithaca Water Treatment Plant $33,300,000 has been issued to date Orrick file 43119-2-2 n) (2-13). This protect was originally authorized at $6,000,000 Costs will include Studies, planning, design and construction. The decision for the City water source has now been made to rebuild our own Water Treatment Plant. Last issue was 2119115. The project was l amended on 5!4!16 by $1,200,000 for a total authorization of $37,900,000. The plant construction is expected _ to be complete by the mid -2017 The city does have some capital reserves in place to help offset a portion 1 of the construction costs The project will be bid in stages with several portions already bid. Totals $ 7,434,450 $ 8,41V50 General Fund_ $ 6,_5_39,700 $ 5,539,000 Solid Waste $ - $ Water I $ 757,600 $ 2,757,600 Waste Water plant $ - f $ - Sewer $- 117,150 $_ _ 117,150 $ 7,414,450 $ 8413750 City of Ithaca Page 5 9.5 Approval of Amendment to the City of Ithaca Anti -Discrimination and Anti - Harassment Policy- Resolution WHEREAS, Common Council adopted an Anti -Discrimination and Anti -Harassment Policy in 2011, which identified protected classes as were listed in the City of Ithaca Human Rights Protection law; and WHEREAS, in 2003 Common Council included the protection oftransgender persons by modifying the definition of Gender in its Human Rights Protection law; and WHEREAS, Common Council desires to use inclusive and consistent language throughout the City's policies and code; and WHEREAS, Common Council wishes to revise the Anti -Discrimination and Anti -Harassment Policy to add "Gender Identity or Expression" specifically as a listed protected class; and WHEREAS, several other changes are needed to the Anti -Discrimination and Anti -Harassment Policy, including the addition of the word "Sex," to make the language consistent with other language in the City Code; now, therefore be it RESOLVED, That Common Council hereby amends the City of Ithaca Anti -Discrimination and Anti -Harassment Policy to include "Gender Identity or Expression" and "Sex" and to make other changes needed to make the language consistent with language in the City Code. I:TIT01 ROJ a 111:1 LVA & I City of Ithaca Anti -Discrimination and Anti -Harassment Policy Statement of Policy The City of Ithaca is committed to maintaining a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment and hostile behaviors. Therefore, the Mayor and Common Council expect that all relationships and interactions among persons in the City work environment will be professional; respectful; and free from bias, prejudice, hostility, and harassment. The State of New York and the City of Ithaca prohibit discrimination based on the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; weight; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; eF socioeconomic status; or weight of an individual. All such discrimination is unlawful and will not be tolerated. Additionally, the City does not allow bias - based harassment, or harassment of any other kind, in its workplace. The City of Ithaca is committed to taking all reasonable steps to prevent discrimination and harassment from occurring in its workplace. Definitions Discrimination: Treating an individual differently because of the individual's membership in the above mentioned categories. Discrimination based on membership in these categories (other than providing reasonable accommodation for differently-abled persons) is prohibited by federal, state, or local laws. Harassment: Unwanted, unreasonable verbal or physical conduct directed toward or affecting another person that annoys, disturbs, frightens, insults or offends that other person, that continues or is repeated after a request to cease, and that: 1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; 2] has the purpose or effect of unreasonably interfering with an individual's work performance; or 3] otherwise adversely affects an individual's employment opportunities. Harassment includes bias -based harassment and sexual harassment. Bias -Based Harassment: Harassment that denigrates, offends or shows hostility or aversion toward an individual because of his/her actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; weight; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; of socioeconomic status; or weight or that of his/her relatives, friends, or associates. Bias -based harassment includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating, or hostile acts; denigrating jokes; and written or graphic material that denigrates, ridicules, objectifies, or shows hostility, aversion or contempt toward an individual or group and that is placed on walls, bulletin boards, lockers or elsewhere on or in the employer's premises, vehicles, or equipment, or is circulated in the workplace, including through electronic means. Scope of Polio This policy applies to all City officers and employees. This policy applies to all aspects of the relationship between the City and its employees, including but not limited to: recruitment, employment, promotion, training, working conditions, and benefits. Also, employees of the City shall not discriminate against independent contractors, volunteers, personnel employed by temporary agencies, applicants, customers, the general public, and any other persons or agencies doing business for or with the City. It is the expectation that independent contractors shall not discriminate against City employees. If any contractor violates this policy, appropriate action will betaken. Department heads and supervisory personnel are responsible for ensuring a work environment free from unlawful discrimination or harassment. These individuals must take immediate and, if authorized, appropriate corrective action when allegations of discrimination or harassment come to their attention to assure compliance with this policy. Should a department head or supervisor not be authorized to take corrective action, the matter shall be referred to the individual or body, as the case may be, having the authority to take corrective action. Reporting and Investigating Any City officer or employee who witnesses or experiences an incident of suspected discrimination or harassment shall report the incident to the appropriate department head or to the Human Resources Director, or their designees, as soon as possible after an alleged incident. Complaint Procedure Informal Procedure Some situations may be resolved in an informal manner by the Department Head or supervisor without the need for a formal complaint and investigation. Disciplinary action may not be imposed without a formal complaint being filed, and a finding, after investigation, that there is probable cause to believe discrimination or harassment occurred. An individual reporting harassment, discrimination, or retaliation should be aware; however, that the City of Ithaca may decide it is necessary to take action to address such conduct beyond an informal discussion. This decision will be discussed with the individual making the complaint. Formal Procedure A formal complaint must be in writing and must include the act(s), complained about, identify the person or persons alleged to have committed such act(s), and indicate the approximate dates, if known, when the act(s) occurred. Employees and officers can fill out the form themselves, or ask for help from their supervisor, Department Head, or the Human Resources Director. A formal complaint shall be filed with the Department of Human Resources. Investigation Procedure Once a formal complaint has been received, the Human Resources Director or the Director's designee will commence a prompt investigation of the allegations in the complaint and will report the results of the investigation to the complainant's Department Head or to the Mayor, as appropriate. The investigation should be concluded within sixty (60) days of the filing of the formal complaint. The investigation may be expanded if additional allegations are uncovered during the investigation. The investigation may include but is not limited to: identifying the alleged harasser, separately interviewing witnesses, meeting with the person accused to inform her/him of the complaint and informing her/him that retaliation is prohibited, interviewing the accused person regarding the allegations, interviewing witnesses, and determining whether or not there is probable cause to believe that the allegations are true. Prompt reporting of a complaint is strongly encouraged as it allows for rapid response to and resolution of objectionable behavior. Complaints should be filed within one year of the alleged harassment. Post -Investigation and Appeal Procedure Unfounded Complaints If, after an investigation, a complaint is determined to be unfounded, the Human Resources Director will inform the complainant(s) and the accused that the complaint is unfounded. The Human Resources Department will maintain a confidential record of the investigation. Founded Complaints If a complaint is founded, the Human Resources Director and the Department Head or Mayor will meet with the person accused and his/her union representative, if the accused is represented, and explain the findings of the investigation. The accused will have an opportunity to accept the findings and any corrective and/or disciplinary action, or to oppose the findings and file a grievance through his/her collective bargaining unit. The Human Resources Department will maintain a confidential record of the investigation. In the event that either the employee alleging discrimination or harassment, or the employee being charged with discrimination or harassment, is not covered by a labor contract, the employee may exercise the employee's appeal rights provided for by Civil Service Law, Section C-26.1 of the City Charter, or Article 1 of Chapter 90 of the Code of the City of Ithaca, as appropriate. Corrective and Disciplinary Action Corrective and disciplinary action for discrimination or harassment may include, but is not limited to, any of the following: attending individualized training; verbal warning; written reprimand; work restrictions; monetary fine; salary reduction or limitation; demotion; suspension; dismissal. Confidentiality The City wishes to create a safe and comfortable environment in which employees are not afraid to discuss concerns and complaints, or to seek general information about discrimination, harassment, or retaliation. The City recognizes that employees may be concerned about the confidentiality of information they share and will strive to preserve confidentiality to the fullest extent possible. Employees must understand that their anonymity cannot always be maintained, especially if disciplinary action is warranted. Filing Complaints with Outside Agents This internal complaint and investigation process does not substitute for or remove the rights of employees or officers to bring charges of discrimination or harassment with local, federal, and state agencies. Those agencies have specific time limits within which complaints can be brought, and employees or officers should consult each agency as to the proper procedure or time limit. Support Services Individuals involved in discrimination or harassment complaints are encouraged to seek assistance through the Employee Assistance Program or the Human Resources Department. Responsibilities of Managers and Supervisors All managerial and supervisory staff of the City of Ithaca shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from harassment and discrimination and its effects. All managerial and supervisory staff who receives harassment or discrimination complaints will be responsible for immediately forwarding such complaints to either their Department Head or the Director of Human Resources for investigation. The City shall conduct training for managerial and supervisory staff in each department on the issues surrounding harassment and discrimination, its effects and its appearances, and the role and responsibility of supervisory personnel in preventing incidents of harassment or discrimination and resolving complaints. The City shall also distribute this policy to all City employees and conspicuously post this policy at all City work sites. Copies of this policy will also be distributed to new employees as they are hired. Employees will be required to sign a statement that they have read and understood the policy. The City shall also conduct training for all City employees on the concept and definition of harassment and discrimination, the issues surrounding it, and ways in which to deal with it appropriately. Violation of Policy Violations of this policy, regardless of whether or not an actual law has been violated, will not be tolerated. The City of Ithaca will investigate every issue that is brought to its attention in this area and will take appropriate action. Retaliation Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately to the Human Resources Director and will be promptly investigated and addressed. Related Laws and Policies: City Code - Human Rights Protection — Chapter 215 Sexual Harassment Policy Workplace Violence Prevention Policy Employee Standards of Conduct Adopted by Common Council on 11/2/11 Revised by Common Council on XX/XX/XX 9.6 An Ordinance to Amend Various Sections of the City of Ithaca Municipal Code Regarding Discrimination ORDINANCE 2017 - WHEREAS, the City Code has long included specific protections for the transgender community, including reference to gender identity or expression; and WHEREAS, reference to gender identity or expression, and other protected classes, has been inconsistent throughout the City Code; and WHEREAS, reference to gender identity or expression is included in Chapter 215 only as part of the definition of gender for that Chapter; and WHEREAS, the Common Council now desires to define and protect "gender identity or expression" separately from "gender" within Chapter 215 and to make consistent throughout the City Code the references to various protected classes; now, therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 39, Section 39-1, is hereby amended to read as follows: Chapter 39: Contracts Article I: Nondiscrimination §39-1 Nondiscrimination Clause. The following clause shall be included in any City contract: "The contractor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services or program participant because of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight." Section 2. Chapter 152, Section 152-8, Subsection VV (1), is hereby amended to read as follows: Chapter 152: Communications Technology §152-8 Consumer protection standards. VV. Rights of individuals. (1) Nondiscrimination required. The grantee shall not deny service, deny access, or otherwise discriminate against subscribers or channel users on the basis of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height;- immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such person or group of people. Section 3. Chapter 152, Section 152-11, Subsection B, is hereby amended to read as follows: Chapter 152: Communications Technology §152-11 Employment practices. B. Nondiscrimination required. The grantee shall not discriminate against any employee or applicant for employment, subcontractor, supplier of materials or services, or other person by reason of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression ; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation --a+ socioeconomic status; or weight of such person or group of people. The grantee shall comply at all times with all other generally applicable federal and state laws and regulations, which are hereby incorporated and made part of this article by reference. Section 4. Chapter 157, Article II, Section 157-6, Subsection B, is hereby amended to read as follows: Chapter 157: Commons Article II: Use of the Commons §157-6 Responsibilities of permit holder. B. A permit holder or vendor shall not discriminate against the people attending his or her event or patronizing his or her business because of actual or perceived age;- creed -,,L- color;- disability, -domestic violence victim status; ethnicity; -familial status; -gender,- gender identity or expression; height;- immigration or citizenship status;- marital status;- military status; national origin;, predisposing genetic characteristics; race,- religion;,- sex; sexual orientation;- socioeconomic status,- or weight. Section 5. Chapter 157, Article III, Section 157-21, Subsection B (15), is hereby amended to read as follows: Chapter 157: Commons Article III: Outdoor Dining §157-21 Application; rules of operation; permits; appeals. B. Rules of operation. (15) The applicant shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived age;- creed;, color;- disability;- domestic violence victim status; ethnicity; -familial status;- gender;- gender identity or expression; height;- immigration or citizenship status;- marital status;, military status; national origin;- predisposing genetic characteristics; race;- religion;, sex; sexual orientation;, socioeconomic status;, or weight. Section 6. Chapter 157, Article IV, Section 157-26, Subsection B, is hereby amended to read as follows: Chapter 157: Commons Article IV: Mobile Vending §157-26 Vendor responsibility. B. The vendor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived age;, creed;- color;, disability; domestic violence victim status; ethnicity;, familial status,, gender; -gender identity or expression; height;, immigration or citizenship status,, marital status;, military status; national origin;- predisposing genetic characteristics; race;- religion;, sex, sexual orientation;, socioeconomic status;, or weight. Section 7. Chapter 215, Article I, Section 215-2, is hereby amended to add a definition as follows: Chapter 215: Human Rights Protection Article I: Antidiscrimination §215-2 Definitions. GENDER IDENTITY OR EXPRESSION When one's perception of self is different from their assiened sex at birth. External appearance of one's gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. Section 8. All provisions of Chapter 215, Article I are hereby amended to replace every instance of a[DJC1] phrase that begins with "actual or perceived age" and ends with "weight" with the following phrase: "actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight" Section 9. Chapter 232, Article VI, Section 232-69, Subsection A (1), is hereby amended to read as follows: Chapter 232: Licensing of Businesses and Occupations Aritcle VI: Taxicabs §232-69 Operating Regulations. A.(1) Nondiscrimination: not refuse or neglect to convey any orderly person upon request in the City unless previously engaged or unable or forbidden by the provisions of this article or any other applicable law. Notwithstanding the foregoing, no driver licensed under this chapter shall discriminate on the basis of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; weight; or location within the City of Ithaca Section 10. In Chapter 325, Article V, Section 325-29-1, Subsection C, the definition for "Adult Physical Contact Establishment" is amended as follows: ADULT PHYSICAL CONTACT ESTABLISHMENT Any establishment which offers or purports to offer massage or other physical contact to patrons . Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as physical therapists or physical therapist assistants and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section. Section 11. 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 12. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 9.7 A Local Law to Amend Chapter 215 of the City of Ithaca Municipal Code entitled "Human Rights Protection" Article V Entitled "Bias -Motivated Crimes" LOCAL LAW NO. 2017 - BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. It is the intent of this local law to make Chapter 215's references to gender identity or expression, and other protected classes, consistent with other provisions of the City Code. The Common Council makes the following findings of fact: A. "Gender" and "gender identity or expression" are separate concepts, each deserving of protection from discrimination under the City Code. Section 2. Chapter 215, Section 215-29, Subsection A of the City of Ithaca Municipal Code is hereby amended to read as follows: § 215-29 Purpose. A. The Common Council of the City of Ithaca is concerned about violent and intimidating actions based upon bias, prejudice and hatred which are prevalent in our society and have been recognized as a serious problem in the City of Ithaca and the State of New York. Violent and intimidating actions which are intended to hurt or intimidate individuals based upon age, creed, color, disability, domestic violence victim status, ethnicity, familial status, gender, gender identity orexpression, height, immigration or citizenship status, marital status, military status, national origin, predisposing genetic characteristics, race, religion, sex, sexual orientation, socioeconomic status, or weight send out a powerful message of intolerance not only to the victims of those acts but also to the members of groups to which the victims belong. Section 3. The definition for "Gender Identity or Presentation" in Section 215-30 is hereby amended to read as follows: § 215-30 Definitions. GENDER IDENTITY OR PRESENT -144-1 EXPRESSION SJh'lari-FrTc , e a-Perse;Ts-geRdeF ideRt+tySelf iWage, appea aRGe, •, F hehay. �, When one's perception of self is different from their assigned sex at birth. External appearance of one's gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. Section 4. Section 215-31, Subsection A(2) is hereby amended to read as follows: § 215-31 Bias -motivated harassment. A. A person commits the crime of bias -motivated harassment when: (2) He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or xpression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such other person or group of people; or . Section 5. Section 215-32, Subsection A(2) is hereby amended to read as follows: § 215-32 Bias -motivated intentional criminal mischief. A. A person commits the crime of bias -motivated intentional criminal mischief when, having no right to do so nor any reasonable ground to believe that he or she has such right: (2) He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed or selects the property damaged or otherwise affected by the act under Subsection A(1) because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or_pFesentati n expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such other person or group of people or the owner or occupant of that property; or Section 6. Section 215-33, Subsection A(2) is hereby amended to read as follows: § 215-33 Bias -motivated reckless criminal mischief. A. A person commits the crime of bias -motivated reckless criminal mischief when, having no right to do so nor any reasonable ground to believe that he or she has such right: (2) He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed or selects the property damaged or otherwise affected by the act under Subsection A(1) because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or_PF@F'eRtati n expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such other person or group of people or the owner or occupant of that property; or Section 7. Section 215-34, Subsection A(2) is hereby amended to read as follows: § 215-34 Bias -related graffiti -making. A. A person commits the crime of bias -motivated graffiti -making when, without the express permission of the owner or operator of said property: (2) He or she intentionally selects the person or group of people against whom the act under Subsection A(1) is committed or selects the property damaged or otherwise affected by the act under Subsection A(1) because of the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or_pFesentatieR expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight of such other person or group of people or the owner or occupant of that property; or Section 8. 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 9. Effective Date. This law will take effect immediately upon filing with the Secretary of State of the State of New York 9.8 Approval and Authorization to Execute CSEA DPW Unit Contract - (Proposed Motion to Enter into Executive Session to Discuss Matters Relating to Collective Negotiations with Bargaining Units) - Resolution RESOLVED, That Common Council approves the agreement between the City of Ithaca and the CSEA DPW Unit for a six-year term commencing January 1, 2015 and expiring December 31, 2020; and, be it further RESOLVED, That the Mayor is authorized to fully execute the agreement on behalf of the City. »_1►1►IILINMI 01111Mo]►Ee]►T►I1X 01MA :IM MLTA 1:►h%Ie]LTA ILYAIkIIAA 10.1 An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled "Zoning" To Revise Entry and Building Length Requirements for the Collegetown Area Form Districts A. Declaration of Lead Agency for Environmental Review - Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend §325-45.2, "District Standards," of the Collegetown Area Form Districts. B. Determination of Environmental Significance — Resolution WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to revise the recessed entry and building length requirements for the Collegetown Area Form Districts; and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated November 15, 2016; and WHEREAS, these zoning amendments have been reviewed by the Tompkins County Planning Department Pursuant to §239-1—m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and have also been distributed for review by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board; and WHEREAS, the proposed action is an "Unlisted" Action under the City Environmental Quality Review Ordinance; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form, dated November 15, 2016; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. C. Adoption of Ordinance WHEREAS, there has been confusion over the application of the facade length requirement of the Collegetown Area Form Districts, as adopted in 2014; and WHEREAS, the proposed revisions would clarify the intent and application of various regulations; now, therefore be it ORDINANCE NO. 2017 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 325, Section 325-45.26(10) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: (10) Recessed Entry (a) Definition: A functioning entry that is set back a minimum of 5' from the front facade of the building. Section 2. The CR -1 Activation Table shown in Chapter 325, Section 325-45.2E(1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: NATO IIVeN113001 DOORS AND ENTRIES B) Functioning entry on the street -facing facade, min. For corner lots, one functioning entry is required on therip •mars street -facing facade Section 3. The CR -2 Activation Table shown in Chapter 325, Section 325-45.2E(2) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: ►e[4111IIVe1I113001 DOORS AND ENTRIES B) Functioning entry on the street -facing fagade, min. 1 For corner lots, one functioning entry is required on therip •mars street -facing fagade Section 4. The CR -3 Activation Table shown in Chapter 325, Section 325-45.2E(3) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: ACTIVATION STREET FACADE A) Building [fa@ade] length, all streets, max 45' B) Length of blank wall, max 8' DOORS AND ENTRIES C) Functioning entry on the street -facing fagade, min. 1 For corner lots, one functioning entry is required on {a4the primary street -facing fagade Section 5. The CR -4 Activation Table shown in Chapter 325, Section 325-45.2F(1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: ACTIVATION STREET FACADE A) Building [fa§ade] length, primary street, max 1. Row house 100' 2. All other structures 45' B) Length of blank wall, max 8' I 0 "W-11011D7a►11SIx►1 C) Functioning entry on the street -facing facade, min 1 For corner lots, one functioning entry is required on {a4the primary street -facing facade Section 6. The MU -1 Activation Table shown in Chapter 325, Section 325-45.2G(1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: ACTIVATION STREET FACADE D) Building [fa@ade] length, primary street, max 3. Row house 150' 4. All other structures 75' Section 7. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 8. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 10.2 Authorization for Exemption from Real Property Taxes and Provision for In -Lieu of Payments, with Regard to the Ithaca Neighborhood Housing Services, Inc. ["INNS"] Affordable Housing Scattered Site Preservation Prosect — Resolution WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of Ithaca and Tompkins County; and WHEREAS, Pursuant to Section 577 of the New York State Private Housing Finance Law (PH FL), the Council hereby exempts from real property taxes, for a period of thirty (30) years, the following properties, to be owned by a housing development fund company formed under Article XI of PHFL and sponsored by the Ithaca Neighborhood Housing Services, Inc. ("INNS") and beneficially owned by a to -be -formed partnership affiliate of INHS formed for the purpose of developing the Project (hereinafter the "Owner"), and to be used for the provision of affordable rental housing to qualified persons or families of low income as a part of the Scattered Site Rental Preservation Project (the "Project"); and WHEREAS, the Project includes renovation of 98 residential units in 44 buildings as follows: Address: Tax Parcel #: 105 Fourth Street 44.-6-15 107A Fourth Street 44.-6-16 107 Fourth Street 44.-6-16 108 N. Corn Street 72.-3-14 110 Esty Street 50.4-21 112 Esty Street 50.4-21 113 Fourth Street 44.-6-1 216 Cascadilla Street 45.-5-11 316-18 S. Corn Street 79.-5-15 356 Floral Ave. 97.-1-6.2 380-90 Floral Ave. 97.-1-7.2 402 Center Street 79.-6-10 402 W. Seneca Street 60.-6-12 417 Cascadilla Street 51.-3-2 418-20 Cascadilla Street 44.-6-14 602 W. Green Street 72.-4-12 Cascadilla Green 1 25.-3-1.1 308 Adams Street 310 Adams Street 509 First Street 511 First Street 507 First Street 505 First Street 513 First Street 515 First Street 517 First Street BACK-UP ITEM 10.1 V4 i A' CITY OF ITHACA SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) �9IORAROtea. Project Information (to be completed by applicant or project sponsor) 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Proposal to Amend §325-45, Collegetown Area Form Districts, to Revise Entry and Building Length Requirements 3. Project Location: Collegetown, City of Ithaca 4. Is Proposed Action: O New O Expansion X Modification/Alteration 5. Describe project briefly: The proposed action would amend the Collegetown Area Form Districts as follows: • Increase the required depth of a recessed entry from 12" to 5'; • Clarify that the one required entry on corner lots must be located on the primary street -facing faVade of the building; • Change the maximum faVade length requirement to a maximum building length requirement in the CR -3, CR -4, and MU -1 districts; • Apply the maximum building length requirement to all street -facing sides of a building in the CR -3 district; and • Clarify that the maximum building length requirement applies only to the primary street -facing side of a building in the CR -4 and MU -1 districts. 6. Precise Location (road intersections, prominent landmarks, etc., or provide map): All parcels located within the Collegetown Area Form Districts 7. Amount of Land Affected: Initially: 40 Acres Ultimately: 40 Acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? O Yes X No If no, describe briefly: The proposed action is a zoning amendment 9. What is present land use in vicinity of project: X Residential O Industrial O Agricultural X Parkland/Open Space X Commercial O Other Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): O Yes X No If yes, list agency name and permit/approval type: 11. Does any aspect of the action have a currently valid permit or approval? O Yes X No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? O Yes X No I certify the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: PREPARER'S TITLE: Senior Planner REPRESENTING: City of Ithaca DATE: 11/15/16 SHORT ENVIRONMENTAL ASSESSMENT FORM T)- TT To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form (SERF), the preparer is to use ;urrently available information concerning the project and the likely impacts of the action. lame of Project: Proposal to Amend §325-45, Collegetown Area Form Districts, o Revise Entry and Building Length Requirements 1. Will project result in a large physical change to the project site or physically alter more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? 4. Will the project have an impact on groundwater quality? 5. Will the project affect drainage flow on adjacent sites? 6. Will the project affect any threatened or endangered plant or animal species? 7. Will the project result in an adverse effect on air quality? 8. Will the project have an effect on visual character of the community or scenic views or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic, pre -historic, or paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? 11. Will the project result in traffic problems or cause a major effect to existing transportation systems? 12. Will the project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? 14. Will the project affect the existing community by directly causing a growth in permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? 15. Is there the Yes No ❑ X ❑ X ❑ X ❑ X ❑ X ❑ X ❑ X ❑ X ❑ X ❑ X ❑ X ❑ X ❑ X ❑ X If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: DATE: 11/15/16 PREPARER'S TITLE: Senior Planner REPRESENTING: City of Ithaca j:\projects\collegetown\2012\collegetown area form districts\revisions\building length & recessed entry_november 9 2016\seaf part ii.docx 10.2 Authorization for Exemption from Real Property Taxes and Provision for In -Lieu of Payments, with Regard to the Ithaca Neighborhood Housing Services, Inc. ["INNS"] Affordable Housing Scattered Site Preservation Prosect — Resolution WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of Ithaca and Tompkins County; and WHEREAS, Pursuant to Section 577 of the New York State Private Housing Finance Law (PH FL), the Council hereby exempts from real property taxes, for a period of thirty (30) years, the following properties, to be owned by a housing development fund company formed under Article XI of PHFL and sponsored by the Ithaca Neighborhood Housing Services, Inc. ("INNS") and beneficially owned by a to -be -formed partnership affiliate of INHS formed for the purpose of developing the Project (hereinafter the "Owner"), and to be used for the provision of affordable rental housing to qualified persons or families of low income as a part of the Scattered Site Rental Preservation Project (the "Project"); and WHEREAS, the Project includes renovation of 98 residential units in 44 buildings as follows: Address: Tax Parcel #: 105 Fourth Street 44.-6-15 107A Fourth Street 44.-6-16 107 Fourth Street 44.-6-16 108 N. Corn Street 72.-3-14 110 Esty Street 50.4-21 112 Esty Street 50.4-21 113 Fourth Street 44.-6-1 216 Cascadilla Street 45.-5-11 316-18 S. Corn Street 79.-5-15 356 Floral Ave. 97.-1-6.2 380-90 Floral Ave. 97.-1-7.2 402 Center Street 79.-6-10 402 W. Seneca Street 60.-6-12 417 Cascadilla Street 51.-3-2 418-20 Cascadilla Street 44.-6-14 602 W. Green Street 72.-4-12 Cascadilla Green 1 25.-3-1.1 308 Adams Street 310 Adams Street 509 First Street 511 First Street 507 First Street 505 First Street 513 First Street 515 First Street 517 First Street 519 First Street 521 First Street 523 First Street 307 Franklin Street 309 Franklin Street Cascadilla Green II 25.-3-1.21 301 Franklin Street 522 Alice Miller Way 303 Franklin Street 305 Franklin Street 512 Alice Miller Way 514 Alice Miller Way 516 Alice Miller Way 504 Alice Miller Way 506 Alice Miller Way 508 Alice Miller Way 510 Alice Miller Way 518 Alice Miller Way 304 Adams Street 306 Adams Street WHEREAS, the City of Ithaca has determined that the continued provision of affordable rental housing to qualified persons or families of low income by INHS is beneficial to and in the long term best interests of the public, and in connection with the City of Ithaca Common Council's endorsement of the INHS Affordable Housing Scattered Site Preservation project at its regular meeting held on the 2nd day of November, 2016; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca pursuant to §577 of the Private Housing Finance Law of the State of New York hereby grants to the properties listed herein a tax exemption from real property taxes levied by the City of Ithaca and other local taxing authorities for a period of thirty (30) years, and Owner shall make annual in -lieu -of -tax payments (hereinafter referred to as "PILOT") to the City of Ithaca equal to 12% of its annual "net operating income", but in no event to be less than $58,837, plus additional negotiated annual amounts after fifteen (15) years when Project payment obligations are projected to decline. "Net operating income" shall equal gross rents received by the Owner less operating costs, as determined by an annual audit, paid by the Owner for the duration of the exemption period. The PILOT shall be shared by the City of Ithaca with Tompkins County and the Ithaca City School District in the same ratio as total school, city and county taxes would have been paid with respect to the Project without taking into account the exemption provided for herein; and, be it further RESOLVED, That the PILOT agreement shall include provisions requiring the construction contract for the Project to include specific provisions that require (1) outreach to local subcontractors in construction trades requesting bids, to the greatest extent feasible, and (2) outreach to local vendors requesting quotes for construction materials to the greatest extent feasible; and RESOLVED, That the Mayor upon the advice of the City Attorney and the City Controller and on behalf of the City of Ithaca is hereby authorized and requested to execute and deliver to any pertinent party an agreement between the City of Ithaca and Owner, setting forth as necessary the details of the PILOT, and to take any and all action necessary and/or required to effectuate or verify such payments or tax exemption, the PILOT agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate; and, be it further RESOLVED, That this resolution shall take effect immediately. r P MN1,11QIJ2k9:4 M ffi11W Ithaca Neighborhood111. 1 HOUSING SERVICES � �v R Initially Provided to City of Ithaca on: December 2, 2016 Revised "Property Tax Difference Chart" on December 8, 2016 [page 4] Mayor Myrick City of Ithaca 108 East Green Street Ithaca, NY 14850 RE: Request forthe City of Ithaca to enterinto a Payment In Lieu of Tax Agreement for the INHS Scattered Site Rental Preservation Project Dear Mr. Mayor: This letter is to request that the City of Ithaca enter into a Payment In Lieu of Tax Agreement (PILOT) for the Ithaca Neighborhood Housing Services Scattered Site Rental Preservation Project ('the Project'). The Project is eligible for a PILOT Pursuant to Section 577 of the New York State Private Housing Finance Law (PH FL), which allows the municipality in which the project is located to grant an exemption of property taxes and PILOT if the Project is owned by a Housing Development Fund Corporation (HDFC) and the Project is providing low income housing. The Project meets both of the Section 577 tests; it will be owned by an HDFC and provide regulated affordable housing for 50 years. The I N H S Scattered Site Rental Preservation project is a mixed -income, multi -family rental project, involving the refinancing and renovation of 98 residential units in 44 buildings on 17 tax parcels. These units make up the majority of the scattered site rental portfolio acquired by I N H S over the past 30 years. The project is 100% residential; there is no commercial space. The buildings are located in Census Tracts 1, 8, and 10 in the City of Ithaca. There are 16 studio apartments, 23 one bedrooms, 28 two bedrooms, 28 three bedrooms, and 3 four bedroom apartments. The INHS Scattered Site Portfolio is affordable because INHS's mission is to provide affordable housing. To accomplish this mission rents have been set below market rates. Only a small fraction of the units have any type of housing regulatory agreement requiring affordability even though the portfolio represents one of the largest affordable housing portfolios in the City and provides housing for more than 70 Housing Choice Voucher holders. Approximately 80% of the families living in these apartments earn less than 60% of the Area Median Income (AMI). While this housing serves those most in need it also is home to 17 more moderate income families. The scattered site makeup of the project contributes to a more diverse income mix in residential neighborhoods. INHS will retain this income mix and work to ensure that no tenants are permanently displaced as part of the project. A consequence of maintaining low rents and keeping the Portfolio affordable is that there is often not enough money to do the repairs that are needed. Over the years, as the Scattered Site portfolio has grown and the structures have aged, the buildings have become difficult to manage. In many cases only the most pressing maintenance needs are addressed while the more critical large capital expenditures like roofs, siding, and energy efficiency upgrades delayed. Renovating and refinancingthe Portfolio provides a unique opportunity to: (10) improve the quality of life for 98 low and moderate income families, (11) restrict the units as affordable housing for 50 years, (12) improve the energy efficiency of the portfolio to reduce greenhouse gases and cost of utilities, (13) improve the curb appeal of the buildings and as a result the blocks and neighborhoods where they are located, (14) capitalize reserves to mitigate ongoing maintenance and operating risk, and (15) invest equity from the sale of the portfolio into the development of new affordable housing. The refinance would include renovating each building based on a recently completed Capital Needs Assessment that evaluated roofs, windows, insulation, siding, kitchens, baths, carpeting, flooring, heating systems, and cosmetics. Floor plans, elevations, and a detailed scope of work have been created for each building and unit. The total renovation budget is over $6,000,000 to bring these units up to "like new" condition. There are additional expenses involved in acquiring the buildings, legal work, insurance, architecture and other soft costs as well as setting aside reserve funds to ensure that the units continue to be maintained over the next 30 years. The total development budget for the project is over $19,000,000. The financing to cover the cost of this work includes 4% Low Income Housing Tax Credit Equity, Tax Exempt Bonds issued by the NYS Housing Finance Agency, a subsidy loan from the NYS Housing Finance Agency's Multi Family Preservation Program and Tompkins County's Community Housing Development Funds. In addition to these sources INHS has the opportunity to take advantage of grant dollars from a settlement agreement between Morgan Stanley and the New York State Attorney General. These funds must be accepted by the municipality in which the project is located and the Council approved this acceptance at its October Meeting. INHS will also contribute equity to the project in the form of a Seller's note. As part of the Project INHS will sell the 98 units to the HDFC as record titleholder of the project and to a newly formed limited liability company established to own the beneficial interest in the project. INHS has agreed to use the funds from the sale for three purposes: A) Pay any outstanding debt obligations including loans to the IURA. B) Invest the funds back into the Scattered Site Project in the form of a Seller's Note. C) Invest any remaining proceeds in the creation of new affordable housing. Attached is a MEMO drafted by the INHS Real Estate Development Committee for board approval. This MEMO details how the use of equity from the Project will go toward the three purposes outlined above and could significantly increase the organization's ability to create new affordable housing in the future. Unlike many of the new construction affordable housing complexes INHS has developed over the past 10 years, the financing scenario outlined above requires significant hard debt service; as a result, if the project is to be financially feasible and rents are to be maintained at current affordable levels, INHS must reduce expenses. This letter is requesting that the City of Ithaca utilize the option of providing a real property tax exemption for the project, other than assessments for local improvements, and enter into a PILOT Agreement as outlined below. INHS is requesting that the properties be exempt from taxes and instead make an annual payment based on 12% of Net Operating Income (NOI) for a period of thirty (30) years. "Net operating income" is the amount of income equal to gross rents received less operating costs, as determined by an annual audit. The operating costs will not include depreciation or debt service payments. This is the formula that the County Industrial Development Agency (IDA) utilized for the PILOT agreement at 210 Hancock. While INHS could request this same PILOT agreement for the Scattered Site Project through the IDA, it would be less costly to the Project in both legal expenses and fees to have the City of Ithaca enter into the PILOT instead. Our attorneys inform us that the most common form of affordable housing real property tax exemption in Upstate New York municipalities (including Buffalo, Rochester and Syracuse, among others) is through the provisions we are seeking to utilize here. Below is an analysis of the difference between the PILOT payment and the payment of taxes if the property were assessed by the County after the refinancing— labeled "581A Assessment." 581A is a NYS Real Property Tax Law that directs the assessment department to use the actual income and expenses of the project to calculate the value rather than using hypothetical income or expenses. These numbers are based on current projections of income and expenses and tax rates. To ensure that INHS does not pay less than the proposed PILOT payment in year one the attached resolution includes an annual "floor" so that the PILOT Payment could never be less than $58,837. If the income of the Project were to increase then the annual payment to the City would also increase. The same is true if expenses go down; for example, by improving the energy efficiency of the portfolio and reducing annual utility expenses INHS is improving the chances of the Project paying a higher annual PILOT Payment. In addition to the annual 12% Payment INHS is willing to consider an increased payment at the end of the 15 year tax credit compliance period. INHS is also including language in the attached PILOT resolution that the Payment be shared by the City of Ithaca with Tompkins County and the Ithaca City School District in the same ratio as total school, city and county taxes would have been paid with respect to the Project. While the PILOT does result in lost tax revenue it does provide the City with an opportunity to implement the stated goal in Section 5.1 of the comprehensive plan; that "The existing stock of affordable housing will be preserved and well- maintained." Without a PILOT Agreement the Project cannot move forward as currently designed; INHS cannot apply for over $12,000,000 in private and State funding; and the $4,000,000 of Morgan Stanley funding that the Council has accepted on behalf of the project will be lost. Thank you and the Council for taking the time to consider this request. Attached you will find supporting documentation. Please feel free to contact me with any questions. Sincerely, Joseph L. Bowes Director of Real Estate Development i011A►►►1:11-LIIkiI:M 1 12.2 Appointment of Marriage Officers —Resolution RESOLVED, That the following Alderpersons be designated as Marriage Officers for the year 2017: Alderperson Brock Alderperson Murtagh Alderperson Fleming Alderperson Kerslick Alderperson Martell Alderperson McGonigal Alderperson Nguyen Alderperson Gearhart Alderperson Smith Alderperson Mohlenhoff 14. MAYOR'S APPOINTMENTS: 14.1 Reappointments to Cable Access Oversight Committee — Resolution RESOLVED, That Wayles Browne be reappointed to the Cable Access Oversight Committee with a term to expire December 31, 2019; and be it further RESOLVED, That Sue Perlgut be reappointed to the Cable Access Oversight Committee with a term to expire December 31, 2019. 14.2 Appointment to the Program Oversight Committee (POC) for the Community Housing Development Fund - Resolution RESOLVED, That J. R. Clairborne's appointment be modified to become a full member to the Program Oversight Committee for the Community Housing Development Fund; and, be it further RESOLVED, That Josephine Martell be appointed as an alternate member to the Program Oversight Committee for the Community Housing Development Fund. :T_[y:QlJaIIAAEEWA HF 2015-1-8695 MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY OF ITHACA, AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY HOUSING DEVELOPMENT FUND WHEREAS, the signatories of this Memorandum of Understanding (MOU) established the Tompkins County Housing Fund in 2009 and have successfully administered it through 2015, assisting the construction of 124 affordable housing units to date and with an additional 80 units expected to proceed to construction, and WHEREAS, the signatories wish to further develop this program as the Community Housing Development Fund ("the Fund") to be used to meet affordable housing needs throughout Tompkins County, the goal of the Fund being to assist communities, organizations, and housing developers throughout Tompkins County to respond to the diverse affordable housing needs of its residents, and WHEREAS, the signatories recognize the value of producing and retaining mixed -income housing that is available to a diversity of residents with a range of incomes, and that mixed -income housing projects that include affordable units should be encouraged and eligible for program assistance, particularly to support projects complying with local inclusionary zoning ordinances, WHEREAS, in administering the Community Housing Development Fund, the signatories recognize the benefits of providing funds to experienced for-profit and not-for-profit developers for the cost of land and other costs associated with the development, rehabilitation, and retention of affordable housing units, provided that the housing units assisted with those funds remain permanently affordable for those earning up to 80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a significant proportion of housing units for households earning 80% or less of AMI, and WHEREAS, the signatories further recognize that the understanding of the challenges to affordable housing development and preservation, and best practices to improve and expand the supply of affordable housing, continue to evolve as both Tompkins County and communities throughout the nation continue to face complex and persistent affordable housing challenges, NOW, THEREFORE, the signatories agree as follows: A. The signatories are the COUNTY OF TOMPKINS (hereinafter "County"), the CITY OF ITHACA (hereinafter "City"), and CORNELL UNIVERSITY (hereinafter "Cornell"), with all signatories hereinafter jointly referred to as "the participating entities". B. The Community Housing Development Fund is a locally funded and administered program that assists with the development costs associated with residential and mixed-use real estate development projects. The Fund is intended to ensure that newly constructed or rehabilitated homes, as well as existing affordable housing units, remain permanently affordable to future generations of renters and buyers. C. In accordance with the objectives set forth in the whereas clauses above, a Notice of Funding Availability (NOFA) will be drafted for each funding round released under the Community Housing Development Fund to describe available funding opportunities and application procedures. Applicants for funding consideration will be required to submit detailed evidence of their qualifications and capabilities in completing similar projects and successfully delivering new or adaptive -reuse housing, or preserving existing affordable units that conform to the affordability objectives described in the Notice of Funding Availability. Funds shall be awarded as described below in Section G. Applicants HF 2015-1-8695 will be required to comply with certain measurements and performance criteria intended to ensure that disbursed funds fulfill the objectives set forth by the signatories. D. The participating entities shall form a Program Oversight Committee made up of three representatives appointed by each signatory to this Memorandum of Understanding, for a total of nine members. It is suggested that at least one representative be a member of the elected body or senior administration of each signatory. The remaining City and County seats should be drawn from community members with relevant expertise such as those representing a financial institution with housing lending experience; a real estate development firm or organization; a representative from an economic development firm or organization or in the case of Cornell University, a Cornell representative with housing lending, real estate, or economic development experience. Each participating entity shall appoint one alternate member, and may also appoint one staff member as an ex -officio non-voting member. E. The Program Oversight Committee will be responsible for (1) administering the Fund (including but not limited to finalizing and administering the NOFA document and process) with assistance from staff of the Tompkins County Planning Department; (2) appointing members to and reviewing recommendations from the Application Review Committee; and (3) making final funding recommendations to the participating entities. In addition, the Program Oversight Committee will be responsible for (4) monitoring the use of funds, (5) overseeing the funds any additional entities may choose to contribute, and (6) identifying and proposing other opportunities to advance affordable housing within Tompkins County, subject to the approval of the participating entities. F. An Application Review Committee shall consist of members appointed by the Program Oversight Committee to evaluate and rate applications for funding and provide recommendations to the Program Oversight Committee on such funding applications. The Application Review Committee members may include an appointed member representing housing professionals from outside the County and should include appointed local professionals with experience in relevant fields such as real estate development, housing, the building industry, planning, sustainable development, human service needs, or real estate finance. G. Participating entities agree to enter into the MOU with the understanding that funds will be provided based on the recommendations of the Program Oversight Committee, and to enter into grant agreements with funding recipients in a timely fashion. However, notwithstanding the above, each participating entity shall have the right to decline use of its own funds for an application recommended for approval by the Program Oversight Committee that does not, at its sole discretion, match its housing initiative priorities. In recognition that City residents pay property taxes to the County, the County agrees not to decline an application for funding solely because the housing project is located within the City, to the extent permitted by applicable laws and regulations governing use of County funds paid toward the funding of the NOFA. The decision of the participating entity to decline support of a project cannot be overruled by the Program Oversight Committee. H. Each participating entity shall contribute funds in the amounts specified below to be used to capitalize the Community Housing Development Fund. Each participating entity will have custody of and manage its individual contributions, at its own expense. 2 HF 2015-1-8695 Table 1: Sources of Funds for the NOFA. Term of MOU Tompkins County City of Ithaca Cornell University Total Year 1 $100,000 $100,000 $200,000 $400,000 Year 2 $100,000 $100,000 $200,000 $400,000 Year 3 $100,000 $100,000 $200,000 $400,000 Year 4 $100,000 $100,000 $200,000 $400,000 Year 5 $100,000 $100,000 $200,000 $400,000 Year 6 $100,000 $100,000 $200,000 $400,000 Total Contribution $600,000 $600,000 $1,200,000 $2,400,000 I. The COUNTY agrees to: 1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA and any affordable housing related efforts approved by the participating entities. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA). 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding. 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Provide assistance from staff of the Tompkins County Planning Department to support the administration of the Fund. 6. Provide assistance from staff of the Tompkins County Planning Department to support the Program Oversight Committee and the Applications Review Committee. 7. Enter into agreements for disbursement of funds to approved recipients. 8. Track all funds contributed to the Community Housing Development Fund, invoice participating entities for the funds awarded from their contributions to particular proposals, and disburse the funding awards as appropriate for proposals awarded funding. 9. Account on a regular basis to the other participating entities for disbursement of funds from the Community Housing Development Fund. 10. Determine a process by which the COUNTY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing - related activities suggested by the Program Oversight Committee. No COUNTY contributions to the Fund will be used for these additional activities without COUNTY approval. J. The CITY agrees to: 1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA). 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding. 4. Participate on the Program Oversight Committee throughout the NOFA process. HF 2015-1-8695 5. Enter into fiscal agreement(s) with the COUNTY and make funds available for disbursement to approved recipients receiving support from the City's contribution to the Fund. 6. Track City funds committed to the Community Housing Development Fund. 7. Determine a process by which the CITY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing - related activities suggested by the Program Oversight Committee. No CITY contributions to the Fund will be used for these additional activities without CITY approval. K. CORNELL agrees to: 1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA) consistent with Cornell University's workforce development and housing goals. 3. Make such contribution on the condition all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with Cornell University's workforce development and housing goals. 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Make funds available for disbursement to approved recipients receiving support from Cornell's contribution to the Fund. 6. Track Cornell funds committed to the Community Housing Development Fund. 7. Determine a process by which the Cornell will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing - related activities suggested by the Program Oversight Committee. No CORNELL contributions to the Fund will be used for these additional activities without CORNELL approval. L. Additional municipalities, major employers, charitable foundations, or private entities are encouraged to contribute funding to the Community Housing Development Fund. It is the responsibility of the Program Oversight Committee to oversee the contributions of additional entities. The Program Oversight Committee may accept or reject contributions at its sole discretion. The Program Oversight Committee will at its sole discretion determine how funds from additional entities are to be disbursed. In the event an additional municipality, major employer or charitable foundation who commits to contribute funding also seeks representation on the Program Oversight Committee, such representation shall be permitted as follows: 1. A contribution of $50,000 or more to the Community Housing Development Fund by an interested municipality, major employer or charitable foundation will make it eligible to appoint one associate member to the Program Oversight Committee for the program year in which the contribution is made. Associate members will have voting privileges but will not be counted towards quorum. 2. The contributors will agree to disburse funding awards for proposal(s) receiving funding as directed by the Program Oversight Committee. M. Funds not expended in one year by any of the participating entities will be rolled over to the following year and will be available in addition to the participating entity's annual contribution. N. This MOU shall be effective upon execution by all the participating entities and shall have a term of six -years or until such time as funds encumbered by each of the participating entities for the Community Housing Development Fund are committed and fully expended, whichever is later. 4 HF 2015-1-8695 O. Each participating entity may terminate this MOU for any reason upon thirty (30) days written notice to the other participating entities. Upon termination, the terminating entity shall honor the funding obligations from any agreements made by it with funding recipients prior to the date of termination. Any contributions committed to the Community Housing Development Fund by the terminating entity for the year within which the written notice of termination was issued will remain available for use on Community Housing Development Fund projects. P. Modification: This Memorandum of Understanding may be modified at any time by mutual agreement of all three signatories. Q. The Program Oversight Committee will review the Notice of Funding Availability, Program Oversight Committee bylaws, and the Memorandum of Understanding as needed. When the POC has discussed a particular programmatic change, final approval of language can be obtained by email with all committee members. If an objection is raised by any voting member within 10 business days, said change must be brought to the next Program Oversight Committee meeting for a final decision. Should no objections be raised within 10 business days, the change will take effect. R. To the extent permitted by law, each participating entity hereby agrees to indemnify, hold harmless and defend the other participating entities and their respective officers, employees, agents and elected officials from and against any and all claims and actions brought against the other participating entities and their respective officers, employees, agents or elected officials, for injury or death to any person or persons, or for damage to property, arising out of the performance of this Memorandum of Understanding by the participating entity, its employees, subcontractors, or agents. S. Participating entities will not discriminate against any employee, applicant for employment, sub- contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. T. The Program Oversight Committee shall adopt, by agreement of at least seven committee members, bylaws that minimally define a quorum as 6 members including at least 2 voting members from each participating entity, and specify the minimum number of votes required to take action. Amendments to the bylaws shall require agreement of at least seven duly appointed committee members. Tompkins County Name: JACQUELINE KIPPOLA RISK MANAGER Title: COUNTY OF TOMPKINS Signature:_; i Date: /' ' ( City of Ithaca Name:- 1 Title: Signature: .Date: Cornell University Name: Title: Signature: -� —� Date: L/ $ M HF 2015-1-8695