HomeMy WebLinkAbout08-04-10 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, August 4, 2010,
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:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Fire Department - Request to Amend 2010 Budget for New York State Grant –
Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 Finance/Controller’s Office - Approval of 2008 Single Audit Report - Resolution
9.2 IURA - Declaration of Lead Agency – Downtown Commons Upper Story Housing
Project, Authorize Use of ‘Gateway’ Proceeds for a Short-Term Loan from the
Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution
9.3 IURA Environmental Determination - Downtown Commons Upper Story Housing
Project, Authorize Use of Gateway Proceeds for a Short-Term Loan from the
Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution
9.4 IURA - Downtown Commons Upper Story Housing Project, Authorize Use of
‘Gateway’ Proceeds for a Short-Term Loan From the Ithaca Urban Renewal
Agency to Plantation Building LLC - Resolution
9.5 Common Council - Extension of the Suspension of the City of Ithaca’s
Apprenticeship Policy - Resolution
9.6 Department of Public Works- Request to Approve Funding Match for TIGER II
Grant Application - Resolution
9.7 Attorney’s Office - Request for Additional Funding for Special Counsel –
Resolution
9.8 Finance/Controller’s Office - Authorization to Enter into an Agreement with the
Greater Tompkins County Municipal Health Insurance Consortium - Resolution
9.9 Finance/Controller’s Office - Authorization to Contribute to the Reserves of the
Greater Tompkins County Municipal Health Insurance Consortium - Resolution
(Note: Please bring your copy of the agreement from CA agenda packet)
Common Council Agenda
August 4, 2010
Page 2
9. CITY ADMINISTRATION COMMITTEE - Continued:
9.10 City Controller’s Report
9.11 Possible Motion to Enter Into Executive Session to Discuss Labor Negotiations –
Resolution
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend The City Of Ithaca Municipal Code Chapter 325, Entitled
“Zoning,” To Correct Inconsistencies Within the Zoning Ordinance Pertaining to
Rear-Yard Setbacks.
10.2 Declaration of Continued Emergency and Authorization of New and Improved
Temporary Fences on Gorge Bridges - Resolution
11. REPORTS OF SPECIAL COMMITTEES:
11.1 Reports from Working Groups on Capital Planning, Charter and Code Issues,
Performance Measures, and Parking Issues
12. NEW BUSINESS:
12.1 Alderperson Coles - Floral Avenue Property Boundary (resolution to be
distributed under separate cover)
12.2 Alderperson Dotson - Authorization to Commence Procedure to Acquire
Permanent Easements For Public Purposes, and to Retain Special Counsel (with
possible motion to enter into Executive Session to discuss same) (resolution to
be distributed under separate cover)
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Appointments to Ithaca Housing Authority Board – Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the July 7, 2010 Regular Common Council Meeting Minutes -
Resolution
18.2 Approval of the July 14, 2010 Special Common Council/BPW Meeting
Minutes – Resolution
Common Council Agenda
August 4, 2010
Page 3
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: July 30, 2010
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Fire Department - Request to Amend 2010 Budget for New York State Grant
– Resolution
WHEREAS, the City of Ithaca is the lead recipient of a 2009 New York State Office of
Homeland Security Hazardous Materials Grant in the amount of $22,000, and
WHEREAS, the City of Ithaca as the lead recipient is responsible for the financial
execution and administration of the grant, and
WHEREAS, the other grant recipients include Cayuga County, Cortland County and
Tioga County, and
WHEREAS, the Homeland Security Grant will be used to purchase a Chemical
Detection Device on New York State Contract for $20,000, and
WHEREAS, the remaining $2,000 will be used for training cost for City of Ithaca
employees and employees and or agents of partner agencies; now, therefore be it
RESOLVED, That Ithaca Common Council hereby amends the 2010 Authorized City
Budget by the amount not to exceed $22,000 to be used for said expenses as outlined
by the 2009 New York State Office of Homeland Security Hazardous Materials Grant
with amended budgets as follows:
Increase Revenue Account:
A3410-3989 State Aid $22,000
Increase Expense Accounts:
A3410-5225-12150 Other Equipment $20,000
A3410-5440-12150 Staff Development $ 2,000
and be it further
RESOLVED, That income received from the 2009 New York State Office of Homeland
Security Hazardous Materials Grant shall be used to reimburse the City of Ithaca for its
expenses, as outlined by the grant.
9. CITY ADMINISTRATION COMMITTEE:
9.1 Finance/Controller’s Office - Approval of 2008 Single Audit Report -
Resolution
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2008
through December 31, 2008 prepared by the accounting firm of Ciaschi, Dietershagen,
Little and Mickelson & Company, LLP be accepted to comply with all the City’s
applicable Governmental Accounting Standards Board (GASB) Statement 34 and other
related audit and single audit requirements.
9.2 IURA - Declaration of Lead Agency – Downtown Commons Upper Story
Housing Project, Authorize Use of ‘Gateway’ Proceeds for a Short-Term Loan
from the Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution
WHEREAS, the City of Ithaca Common Council is considering authorization of use of
‘Gateway’ proceeds by the Ithaca Urban Renewal Agency (IURA) to make a short-term
loan to Plantation Building LLC for construction phase project expenses to renovate the
Plantation Building to implement one of the two projects included in the Downtown
Commons Upper Story Housing Project for which the City of Ithaca received a $1.15
million grant award through the Restore NY program, and
WHEREAS, Sunit “Lex” Chutintaranond and Flaminia Cervesi are each 50% owners in
Plantation Building LLC, the operating company that will undertake redevelopment of a
$2.47 million project to redevelop the vacant Plantation Building located at 130-132 E.
State/MLK Street to create a 4,000 square foot restaurant, 1,200 square feet of
commercial office space, six market-rate, one-bedroom apartments and two affordable,
one-bedroom apartments, and
WHEREAS, the IURA holds ‘Gateway’ proceeds on behalf of the City of Ithaca, which
were derived from the sale of City-owned real estate to Eddygate Park Associates in
1986 to facilitate the Eddygate mixed-use project in Collegetown for which sale
proceeds were realized in 2002 and contributed to the IURA to provide loan financing to
facilitate the Gateway Plaza redevelopment project at 401 E. State/MLK Street and
subsequently repaid in full, and
WHEREAS, on November 24, 2009, the proposed renovation of the Plantation Building
underwent environmental review during the site plan review process and at that time it
was determined that the project will result in no significant impact on the environment,
and
WHEREAS, the proposed short-term loan to Plantation Building LLC is an Unlisted
action under the City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions 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; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed authorization of the use of
‘Gateway’ proceeds by the IURA to make a short term loan to Plantation Building LLC to
implement the Downtown Commons Upper Story Housing project at 130-132 E.
State/MLK Street until Restore NY grant funds are available.
9.3 IURA Environmental Determination - Downtown Commons Upper Story
Housing Project, Authorize Use of Gateway Proceeds for a Short-Term Loan from
the Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution
WHEREAS, the City of Ithaca Common Council is considering authorization of use of
‘Gateway’ proceeds by the Ithaca Urban Renewal Agency (IURA) to make a short-term
loan to Plantation Building LLC for construction phase project expenses to renovate the
Plantation Building to implement one of the two projects included in the Downtown
Commons Upper Story Housing Project for which the City of Ithaca received a $1.15
million grant award through the Restore NY program, and
WHEREAS, Sunit “Lex” Chutintaranond and Flaminia Cervesi are each 50% owners in
Plantation Building LLC, the operating company that will undertake redevelopment of a
$2.47 million project to redevelop the vacant Plantation Building located at 130-132 E.
State/MLK Street to create a 4,000 square foot restaurant, 1,200 square feet of
commercial office space, six market-rate, one-bedroom apartments and two affordable,
one-bedroom apartments, and
WHEREAS, the IURA holds ‘Gateway’ proceeds on behalf of the City of Ithaca, which
were derived from the sale of City-owned real estate to Eddygate Park Associates in
1986 to facilitate the Eddygate mixed-use project in Collegetown for which sale
proceeds were realized in 2002 and contributed to the IURA to provide loan financing to
facilitate the Gateway Plaza redevelopment project at 401 E. State/MLK Street and
subsequently repaid in full, and
WHEREAS, on November 24, 2009, the proposed renovation of the Plantation Building
underwent environmental review during the site plan review process and at that time it
was determined that the project will result in no significant impact on the environment,
and
WHEREAS, the proposed action will provide financing to undertake renovation of the
Plantation Building in accordance with the site plan approval issued by the City of Ithaca
Planning and Development Board on November 24, 2009, and
WHEREAS, on August 4, 2010, the City of Ithaca Common Council declared itself Lead
Agency for the environmental review of this proposed action, and
WHEREAS, the proposed short-term loan to Plantation Building is an Unlisted action
under the City Environmental Quality Review Ordinance (CEQRO), which requires
environmental review, and
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting
information has been provided to the City of Ithaca Conservation Advisory Council for
review of the proposed action and no comments have been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Short Environmental
Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Planning
and Development Department staff, and other application materials; now, therefore, be
it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed authorization of use of ‘Gateway’ proceeds by the IURA to make a short-term
loan to Plantation Building LLC to implement the Downtown Commons Upper Story
Housing project at 130-132 E. State/MLK Street will result in no significant impact on the
environment and that a Negative Declaration for purposes of Article 8 of the
Environmental Conservation Law be filed in accordance with the provisions of Part 617
of the State Environmental Quality Review Act.
9.4 IURA - Downtown Commons Upper Story Housing Project, Authorize Use of
‘Gateway’ Proceeds for a Short-Term Loan From the Ithaca Urban Renewal
Agency to Plantation Building LLC - Resolution
WHEREAS, on June 25, 2010, Sunit “Lex” Chutintaranond, managing member of
Plantation Building LLC, requested a short-term bridge loan of $512,000 until Restore
NY grant funds can be accessed from the Empire State Development Corporation
(ESD) for the comprehensive rehabilitation project of the Plantation Building located at
130-132 E. State/MLK Street, and
WHEREAS, the amount of loan assistance requested is equal to approximately three
months of project construction expenditures, and
WHEREAS, Lex Chutintaranond and Flaminia Cervesi are each 50% owners in ItalThai
LLC, the owner of the Plantations Building, and Lex Chutintaranond is the sole owner of
Plantation Building LLC, the operating company that will undertake the redevelopment
project and syndicate historic tax credits, and
WHEREAS, the City of Ithaca was awarded $900,000 in Restore NY grant funds to
assist in the $2.47 million redevelopment of the vacant Plantation Building to create a
4,000 SF restaurant, 1,200 SF of commercial office space, six market-rate, one-
bedroom apartments and two affordable one-bedroom apartments, and
WHEREAS, the City authorized the Ithaca Urban Renewal Agency (IURA) to administer
and implement the Restore NY grant, and
WHEREAS, Restore NY grant funds can be accessed via a Grant Disbursement
Agreement (GDA) per the following process:
A. submit proof of project readiness to ESD, including proof of completion of
environmental review, state historic preservation office review and site plan
review; a final project budget, including an independent construction
estimate; and documentation that all project funding is committed, including
bank financing,
B. ESD Board approval,
C. Public Authorities Control Board (PACB) approval,
D. Completion of ESD public hearing,
E. Issuance of a GDA, and
WHEREAS, during the three month impasse to adopt the 2010-2011 New York State
budget, no GDAs for Restore NY projects were approved by the PACB, and
WHEREAS, with adoption of a significant portion of the NYS 2010-2011 budget in early
July, the PACB has resumed approval of new GDAs for Restore NY projects, and
WHEREAS, the Plantation Building Restore NY project is scheduled for ESD Board
review in September 2010, which is expected to result in issuance of a GDA in October
2010, and
WHEREAS, Plantation Building LLC has executed a construction contract with a
guaranteed maximum price that is on-budget, and
WHEREAS, the interior demolition, site preparation and asbestos removal has been
completed, leaving the structure in fragile condition and developer equity exhausted,
and
WHEREAS, installation of an elevator, a new HVAC system and replacement of the roof
all need to be completed prior to cold weather to prepare the building for winter and
avoid increased project costs, and
WHEREAS, shutting down the project to wait for access to Restore NY funds in late
October imperils project feasibility, and
WHEREAS, use of CDBG funds for the requested loan is problematic because use of
CDBG funds for construction activities requires compliance with the Davis-Bacon Act
which would require re-bidding the construction project, and
WHEREAS, the IURA holds “Gateway” proceeds on behalf of the City of Ithaca, which
were derived from the sale of City-owned real estate to Eddygate Park Associates in
1986 to facilitate the Eddygate Park Apartment mixed-income 64-unit rental housing
project in Collegetown for which sale proceeds were realized in 2002, and
WHEREAS, in 2002 “Gateway” proceeds were loaned to Gateway Plaza Associates,
LLC to facilitate the Gateway Plaza project located at 401 E. State/MLK Street with
repayments earmarked by the City of Ithaca Common Council for affordable housing
activities, and
WHEREAS, the Gateway Plaza loan was fully repaid in 2007, and
WHEREAS, the balance of “Gateway” proceeds is approximately $595,600 as of June
30, 2010, of which $100,000 has been earmarked as a contribution to the Housing
Fund, leaving an unobligated balance of $495,600, and
WHEREAS, the Plantations Building project includes affordable housing, and
WHEREAS, use of “Gateway” proceeds requires approval from the City of Ithaca
Common Council, and
WHEREAS, the IURA conducted an underwriting of the loan application and
recommends approval of a $490,000 short-term loan subject to approval by the City of
Ithaca Common Council, and
WHEREAS, the proposed IURA loan will be repaid from Restore NY grant funds
disbursed by the Empire State Development Corporation to the City of Ithaca that are
earmarked for the Plantation Building project and is further secured through mortgages
and personal and corporate financial guarantees provided by the borrower; and
WHEREAS, on July 22, subject to Common Council’s approval, the IURA approved the
loan of the “Gateway” funds for this project and further recommended that the City of
Ithaca Common Council also approve the use of the “Gateway” proceeds to fund this
bridge loan; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the use
of $490,000 ‘Gateway’ proceeds by the IURA to make a short-term loan to Plantation
Building LLC to implement the Downtown Commons Upper Story Housing Project.
9.5 Common Council - Extension of the Suspension of the City of Ithaca’s
Apprenticeship Policy - Resolution
WHEREAS, in 2001, the New York State Legislature adopted a new law (Labor Law,
Section 816-b) that gives municipalities the option of requiring contractors and
subcontractors for a construction contract (to which the municipality is a direct or
indirect party) to have apprenticeship agreements (providing for the approved training
and placement of apprentices); and
WHEREAS, in January 2005 Common Council exercised its authority under said
statute, and adopted a resolution which required that all City construction contracts for
more than $500,000 “must include contractors that participate in New York State
certified apprenticeship programs,” that this requirement is to be imposed upon “all
bidders and all subcontractors under the bidder,” and is to apply to “each apprenticeable
trade or occupation represented in their workforce” and that all bidders and their
subcontractors “must abide by the apprentice to journeyman ratio for each trade
prescribed therein,” but that 25% of the monetary value of the general contract may be
exempted from the apprenticeship requirement “to permit the use of small or specialty
subcontractors who would otherwise be excluded;” and
WHEREAS, by 2009, the Mayor and the Council had become aware of certain problems
and concerns associated with the implementation of the City’s Apprenticeship Policy;
and
WHEREAS, as a result of these concerns, Common Council decided in December,
2009, to suspend the Apprenticeship Policy, until August 5, 2010, and to ask for a
“working group” (including staff and Council members) appointed to research the matter
to make a recommendation on the subject to Common Council before August 5, 2010;
and
WHEREAS, this working group has met regularly over the past year, and has heard
directly from union representatives, affected contractors and others; and
WHEREAS, at this time, the working group has not completed its examination of and
deliberation about the issue of the Apprenticeship Policy (or possible alternative
approaches to the goal of enhancing employment readiness and opportunities for City
residents, particularly those who are young and/or disadvantaged); now therefore be it
RESOLVED, That the suspension of the “Apprenticeship Policy” that was established
by resolution of the Common Council of the City of Ithaca, on January 5, 2005, be and
hereby is extended until December 2, 2010; and be it further
RESOLVED, That the “working group” appointed to study this matter is requested to
submit its report and any recommendations, to the Mayor and the Chair of the City
Administration Committee, by no later than November 10, 2010.
9.6 Department of Public Works- Request to Approve Funding Match for TIGER
II Grant Application - Resolution
WHEREAS, the United States Department of Transportation (USDOT) has announced
the availability of funds in the TIGER II Discretionary Grants (TIGER II) program, which
notice was published in the Federal Register on June 1, 2010, and
WHEREAS, Common Council is interested in applying for a TIGER II grant so as to
make a large investment in the transportation system in the central business district in
order to maintain a state of good repair, to make the downtown a more livable and
sustainable environment, to strengthen the City of Ithaca’s position as a hub for the
county and region, and to encourage and support economic activity in the City, and
WHEREAS, staff from the Office of the City Engineer and the Department of Planning
and Development have begun scoping a grant eligible project to include, but not be
limited to, the following components:
• Rehabilitation of the Commons Pedestrian Street
• Partnering with Tompkins Consolidated Area Transit (TCAT) to procure and
install a Real Time Passenger Information System for TCAT busses and the
TCAT bus stops at Green St. and Seneca St.
• Partnering with NYSDOT to reconstruct Seneca Street and portions of Green
Street (between East State/Martin Luther King Jr. Street and Route 13) with the
ultimate intention of taking ownership of these streets in exchange for the State
taking ownership of the Elmira Road section of Route 13 that the City currently
owns. .
• Partnering with Cornell University to rehabilitate the Cascadilla Creek Gorge Trail
between Linn Street and College Avenue so that it can be reopened to the public.
• Accessibility improvements in the downtown, particularly sidewalk curb ramp
improvements
• Installation of bicycle racks, bicycle lockers, wayfinding signage, and electric
vehicle plug-in stations in the downtown, now, therefore be it
RESOLVED, That the Mayor of the City of Ithaca, or her designee, is hereby authorized
to submit a TIGER II application for funding to the United States Department of
Transportation in accordance with the provisions of the Notice of Funds Available, in a
amount not to exceed $16,700,000, and upon approval of said request to enter into and
execute a project agreement with USDOT, or its designee, for such financial assistance
to the City of Ithaca for design, right-of-way acquisition, construction and construction
inspection of the TIGER II application as submitted by the Mayor and approved by
USDOT, and be it further
RESOLVED, That Common Council hereby makes a commitment of funds, contingent
upon an award of funds from the TIGER II program and environmental review, in an
amount not to exceed 20% of the total project costs, i.e., in an amount not to exceed
$3,340,000, which funds will be derived from serial bonds.
9.7 Attorney’s Office - Request for Additional Funding for Special Counsel -
Resolution
WHEREAS, in May 2010, Common Council allocated an additional amount to the 2010
budget for the City Attorney’s office, namely $35,000, for Contractual Services, to
address the unanticipated need to retain special counsel to represent the City in certain
labor and employment law matters, due to the departure, in January 2010, of the
Assistant City Attorney who handled such matters; and
WHEREAS, the process of filling the vacant Assistant City Attorney position has taken
at least a month longer than anticipated, and the cost of special counsel to handle the
afore-mentioned labor and employment cases is expected to be approximately $25,000
more than was projected as of May; and
WHEREAS, in late May 2010, a lawsuit against the City (alleging discrimination in
employment and seeking $17 million in damages) was commenced in federal court,
regarding which the City’s insurance carrier has, to date and unexpectedly, refused to
provide a defense or coverage for liability; and
WHEREAS, as a result, the City has retained special counsel to provide such a
defense, pending resolution of the dispute with the carrier as to coverage; and
WHEREAS, the cost of such defense is anticipated to be at least $40,000 for 2010; now
therefore be it
RESOLVED, That Common Council hereby approves an additional allocation not to
exceed $50,000 for contractual services in the Law Department budget for 2010
(Account A1420-5435), and directs that said amount be transferred from Accounts
A1930-5000 Judgments, not to exceed $18,000 and Account A1910-5000 Undistributed
Insurance not to exceed $32,000.
9.8 Finance/Controller’s Office - Authorization to Enter into an Agreement with
the Greater Tompkins County Municipal Health Insurance Consortium -
Resolution
WHEREAS, the Tompkins County Council of Governments (TCCOG) is comprised of all
the municipalities in Tompkins County, and
WHEREAS, the City of Ithaca is a member of the Tompkins County Council of
Governments (TCCOG), and
WHEREAS, in 2007 the County, on behalf of TCCOG accepted an incentive grant
award under the New York State Shared Municipal Services Program to assist the
municipalities in Tompkins County to create a local municipal health care consortium,
and
WHEREAS, the Greater Tompkins County Municipal Health Insurance Consortium will
develop health benefits coverage for all participating municipalities with the intent to
provide a net savings to the taxpayers of Tompkins County, a goal the City of Ithaca
supports, and
WHEREAS, health care costs for Tompkins County and other local governments have
been increasing each year at rates much higher than inflation, a problem which can be
addressed by pooling our buying power, and
WHEREAS, Council gave authorization for approval of the inter-municipal agreement at
its meeting on April 7, 2010, but due to delays in the approval of the consortium, the
agreement was never signed, and
WHEREAS, some recent minor changes were necessary to the inter-municipal
agreement to satisfy the New York State Insurance Department, and
WHEREAS, TCCOG encourages the signing of the revised inter-municipal agreement
by TCCOG members; now, therefore be it
RESOLVED, That subject to the approval of the City Attorney, Common Council hereby
authorizes the Mayor to execute the inter-municipal agreement effective October 1,
2010 with the Greater Tompkins County Health Insurance Consortium for the New York
State Shared Municipal Services Program.
9.9 Finance/Controller’s Office - Authorization to Contribute to the Reserves of
the Greater Tompkins County Municipal Health Insurance Consortium -
Resolution
WHEREAS, the City of Ithaca shall join the Greater Tompkins County Municipal Health
Insurance Consortium for the purpose of providing employee health insurance and
prescription drug coverage, and
WHEREAS, the Consortium, as required by the New York State Insurance Department,
must establish sufficient financial reserves to begin working as a consortium, now,
therefore be it
RESOLVED, That the City of Ithaca shall contribute the amounts listed below as
Estimated Initial Capitalization funds (rounding in table will be corrected)
and be it further
RESOLVED, That the City Controller is authorized to make payment immediately to the
Consortium.
2010 Premium
Percent of
Total
Premium
Estimated
Initial
Capitalization
Total
Reserves
Reserves
Due
County13,351,31254.55%500,000667,566167,566
City of Ithaca8,558,87434.97%300,000427,944127,944
Town of Ithaca888,0823.63%137,03344,404-92,629
Town of Caroline122,6330.50%37,0006,132-30,868
Town of Danby81,1610.33%62,0004,058-57,942
Town of Dryden459,2331.88%137,03222,962-114,070
Town of Enfield50,4000.21%2,5202,5200
Town of Groton126,0950.52%6,3056,3050
Town of Ulysses113,1750.46%5,6595,6590
Village of Cayuga Heights360,7991.47%18,04018,0400
Village of Dryden121,3490.50%6,0676,0670
Village of Groton150,9000.62%7,5457,5450
Village of Trumansburg90,696 0.37%4,535 4,535 0
24,474,709100.00%1,223,7361,223,7350
Explanation: Four municipalities - the Towns of Ithaca, Caroline, Danby, and Dryden, are
able to contribute a greater amount in reserve than what is owed for their municipal shares.
It is anticipated that by the year 2013, the four municipalities will be "paid back" with 3%
interest by the Consortium.
Municipal Cooperation Agreement
DRAFT ---07-20-10
THIS AGREEMENT (the "Agreement") made effective as of 1st day of October 1,
2010 (the "Effective Date"), by and among each of the signatory municipal corporations
hereto (collectively, the "Participants").
W H E R E A S:
1. Article 5-G of the New York General Municipal Law (the "General
Municipal Law") authorizes municipal corporations to enter into cooperative agreements
for the performance of those functions or activities in which they could engage
individually;
2. Sections 92-a and 119-o of the General Municipal Law authorize
municipalities to purchase a single health insurance policy, enter into group health
plans, and establish a joint body to administer a health plan;
3. Article 47 of the New York Insurance Law (the "Insurance Law"), and the
rules and regulations of the New York State Superintendent of Insurance (the
"Superintendent") set forth certain requirements for governing self-insured municipal
cooperative health insurance plans;
4. Section 4702(f) of the Insurance Law defines the term "municipal
corporation" to include a county, city, town, village, school district, board of cooperative
educational services, public library (as defined in Section 253 of the New York State
Education Law) and district (as defined in Section 119-n of the General Municipal Law);
and
5. The Participants have determined to their individual satisfaction that
furnishing the health benefits (including, but not limited to, medical, surgical, hospital,
prescription drug, dental, and/or vision) for their eligible officers, eligible employees (as
defined by the Internal Revenue Code of 1986, as amended, and the Internal Revenue
Service rules and regulations), eligible retirees, and the eligible dependents of eligible
officers, employees and retirees (collectively, the "Enrollees") (such definition does not
include independent contractors and/or consultants) through a municipal cooperative is
in their best interests as it is more cost- effective and efficient. Eligibility requirements
shall be determined by each Participant's collective bargaining agreements and/or their
personnel policies and procedures.
NOW, THEREFORE, the parties agree as follows:
A. PARTICIPANTS.
1. The Participants hereby designate themselves under this Agreement as
the Greater Tompkins County Municipal Health Insurance Consortium (the
"Consortium") for the purpose of providing health benefits (medical, surgical, hospital,
prescription drug, dental, and/or vision) to those Enrollees that each Participant
individually elects to include in the Greater Tompkins County Municipal Health
Insurance Consortium Medical Plan(s) (the "Plan(s)").
2. The following Participants shall comprise the initial membership of the
Consortium (a) County of Tompkins; (b) City of Ithaca; (c) Town of Enfield; (d) Town of
Caroline; (e) Town of Ithaca; (f) Town of Danby; (g) Town of Dryden; (h) Town of
Ulysses; (i) Village of Cayuga Heights; (j) Village of Groton; (k) Village of Dryden; (l)
Village of Trumansburg; (m) Town of Groton. Membership in the Consortium may be
offered to any municipal corporation within the geographical boundaries of the County of
Tompkins; provided however, in the sole discretion of the Board (as defined below), the
applicant provides satisfactory proof of its financial responsibility and is of the same type
of municipal corporation as the initial Participants. Notwithstanding anything to contrary
set forth in this Agreement, admission of new Participants shall not require amendment
of this Section A(2). Membership shall be subject to the terms and conditions set forth in
this Agreement, any amendments hereto and applicable law.
3. Participation in the Plan(s) by some, but not all, collective bargaining units
or employee groups of a Participant is not encouraged and shall not be permitted
absent prior Board approval. Further, after obtaining approval, any Participant which
negotiates an alternative health insurance plan offering other than the plan offerings of
the Consortium with a collective bargaining unit or employee group may be subject to a
risk charge as determined by the Board.
4. Initial membership of additional participants shall become effective on the
first day of the Plan Year following the adoption by the Board of the resolution to accept
a municipal corporation as a Participant. Such municipal corporation must agree to
continue as a Participant for a minimum of three (3) years upon entry.
5. The Board, by a two-thirds (2/3) vote of the entire Board, may elect to
permit a municipal corporation which is not located in the geographical or political
boundaries of the County of Tompkins to become a Participant subject to satisfactory
proof, as determined by the Board, of such municipal corporation’s financial
responsibility. Such municipal corporation must agree to continue as a Participant for a
minimum of three (3) years upon entry.
6. A municipal corporation that was previously a Participant, but is no longer
a Participant, and which is otherwise eligible for membership in the Consortium, may
apply for re-entry after a minimum of three (3) years has passed since it was last a
Participant. Such re-entry shall be subject to the approval of two-thirds (2/3) of the entire
Board. This re-entry waiting period may be waived by the approval of two-thirds (2/3) of
the entire Board. In order to re-enter the Consortium, a municipal corporation employer
must have satisfied in full all of its outstanding financial obligations to the Consortium. A
municipal corporation must agree to continue as a Participant for a minimum of three (3)
years upon re-entry.
B. PARTICIPANT LIABILITY.
1. The Participants shall share in the costs of, and assume the liabilities for
benefits (including medical, surgical, and hospital) provided under the Plan(s) to
covered officers, employees, retirees, and their dependents. Each Participant shall pay
on demand such Participant's share of any assessment or additional contribution
ordered by the Board, as set forth in Section L(4) of this Agreement. The pro rata share
shall be based on the Participant's relative "premium" contribution to the Plan(s) as a
percentage of the aggregate "premium" contribution to the Plan(s), as is appropriate
based on the nature of the assessment or contribution.
2. New Participants (each a "New Participant") who enter the Consortium
may be assessed a fee for additional financial costs above and beyond the premium
contributions to the Plan(s). Any such additional financial obligations and any related
terms and conditions associated with membership in the Consortium shall be
determined by the Board, and shall be disclosed to the New Participant prior to its
admission.
3. Each Participant shall be liable, on a pro rata basis, for any additional
assessment required in the event the Consortium funding falls below those levels
required by the Insurance law as follows:
a. In the event the Consortium does not have admitted assets (as
defined in Insurance Law § 107) at least equal to the aggregate of its liabilities,
reserves and minimum surplus required by the Insurance Law, the Board shall,
within thirty (30) days, order an assessment (an "Assessment Order") for the
amount that will provide sufficient funds to remove such impairment and collect
from each Participant a pro-rata share of such assessed amount.
b. Each Participant that participated in the Consortium at any time
during the two (2) year period prior to the issuing of an Assessment Order by the
Board shall, if notified of such Assessment Order, pay its pro rata share of such
assessment within ninety (90) days after the issuance of such Assessment Order.
This provision shall survive termination of the Agreement of withdrawal of a
Participant.
c. For purposes of this Section B(3), a Participant's pro-rata share of
any assessment shall be determined by applying the ratio of the total assessment
to the total contributions or premium equivalents earned during the period
covered by the assessment on all Participants subject to the assessment to the
contribution or premium equivalent earned during such period attributable to such
Participant.
C. BOARD OF DIRECTORS.
1. The governing board of the Consortium, responsible for management,
control and administration of the Consortium and the Plan(s), shall be referred to as the
"Board of Directors" (the "Board"). The voting members of the Board shall be
composed of one representative of each Participant and representatives of the Joint
Committee on Plan Structure and Design (as set forth in Section C(11)), who shall have
the authority to vote on any official action taken by the Board (each a "Director"). Each
Director, except the representatives of the Committee on Plan Structure and Design,
shall be designated in writing by the governing body of the Participant.
2. If a Director designated by a Participant cannot fulfill his/her obligations, for
any reason, as set forth herein, and the Participant desires to designate a new Director,
it must notify the Consortium's Chairperson in writing of its selection of a new designee
to represent the Participant as a Director.
3. Directors shall receive no remuneration from the Consortium for their
service and shall serve a term from January 1 through December 31 (the "Plan Year").
4. No Director may represent more than one Participant.
5. No Director, or any member of a Director's immediate family shall be an
owner, officer, director, partner, or employee of any contractor or agency retained by the
Consortium, including any third party contract administrator.
6. Except as otherwise provided in Section D of the Agreement, each
Director shall be entitled to one vote. A majority of the entire Board, not simply those
present, is required for the Board to take any official action, unless otherwise specified
in this Agreement. The “entire Board”, as used herein and elsewhere in this Agreement,
shall mean the total number of Directors when there are no vacancies.
7. Each Participant may designate in writing an alternate Director to attend
the Board's meeting when its Director cannot attend. The alternate Director may
participate in the discussions at the Board meeting and will, if so designated in writing
by the Participant, be authorized to exercise the Participant’s voting authority. Only
alternate Directors with voting authority shall be counted toward a quorum. The Joint
Committee on Plan Structure and Design may designate alternate Directors as set forth
in Section C(11).
8. A majority of the Directors of the Board shall constitute a quorum. A
quorum is a simple majority (more than half) of the entire Board. A quorum is required
for the Board to conduct any business. This quorum requirement is independent of the
voting requirements set forth in Section C(6). The Board shall meet on a regular basis,
but not less than on a quarterly basis at a time and place within the State of New York
determined by a vote of the Board. The Board shall hold an annual meeting (the
“Annual Meeting”) between October 3rd and October 15th of each Plan Year.
9. Special meetings of the Board may be called at any time by the
Chairperson or by any two (2) Directors. Whenever practicable, the person or persons
calling such special meeting shall give at least three (3) day notice to all of the other
Directors. Such notice shall set forth the time and place of the special meeting as well
as a detailed agenda of the matters proposed to be acted upon. In the event three (3)
days notice cannot be given, each Director shall be given such notice as is practicable
under the circumstances.
10. In the event that a special meeting is impractical due to the nature and/or
urgency of any action which, in the opinion of the Chairperson, is necessary or
advisable to be taken on behalf of the Consortium, the Chairperson may send proposals
regarding said actions via facsimile to each and all of the Directors. The Directors may
then fax their approval or disapproval of said actions to the Chairperson. Upon receipt
by the Chairperson of the requisite number of written approvals, the Chairperson may
act on behalf of the Board in reliance upon such approvals. Any actions taken by the
Chairperson pursuant to this paragraph shall be ratified at the next scheduled meeting
of the Board.
11. The Chair of the Joint Committee on Plan Structure and Design and the at-
large voting Labor Member(s) (as defined in Section K) shall serve as Directors (the
"Labor Representatives") and shall have the same rights and obligations as all other
Directors. The Joint Committee on Plan Structure and Design may designate in writing
alternate Directors to attend the Board’s meetings when the Labor Representatives
cannot attend. The alternate Director may, if designated in writing, be authorized to
exercise the Labor Representatives’ voting authority.
D. WEIGHTED VOTING.
1. Except as otherwise provided in this Agreement, any two or more
Directors, acting jointly, may require a weighted vote on any matter that may come
before the Board. In such event, the voting procedure set forth in this Section D shall
apply in lieu of any other voting procedures set forth in this Agreement. Such weighted
voting procedures shall apply solely with respect to the matter then before the Board.
2. For purposes of this Section D, each Director shall receive votes as
follows:
a. each Director representing a Participant with five hundred (500) or
fewer Enrollees shall be entitled to one (1) vote.
b. each Director representing a Participant with more than five
hundred (500) Enrollees shall be entitled to a number of votes equaling the total
number of votes assigned under subsection 2(a) above minus one (1), divided
evenly by the number of Participants eligible under this subsection 2(b) and
rounded down to the nearest whole number.
c. the Labor Representatives shall be entitled to one (1) vote each.
3. Attached as Addendum “A” to this Agreement is an example of the
application of the voting formula contained in subparagraph “2” of this Section.
4. Notwithstanding anything to the contrary contained in this Agreement, any
action taken pursuant to this Section D shall require the approval of two-thirds (2/3) of
the total number of votes, if all votes had been cast.
E. ACTIONS BY THE BOARD.
Subject to the voting and quorum requirements set forth in this Agreement, the Board is
authorized and/or required to take action on the following matters:
1. To fill any vacancy in any of the officers of the Consortium.
2. To fix the frequency, time and place of regular Board meetings.
3. To approve an annual budget for the Consortium, which shall be prepared
and approved prior to October 15th of each year, and determine the annual premium
equivalent rates to be paid by each Participant for each Enrollee classification in the
Plan on the basis of a community rating methodology filed with and approved by the
Superintendent.
4. To audit receipts and disbursements of the Consortium and provide for
independent audits, and periodic financial and operational reports to Participants.
5. To establish a joint fund or funds to finance all Consortium expenditures,
including claims, reserves, surplus, administration, stop-loss insurance and other
expenses.
6. To select and approve the benefits provided by the Plan(s) including the
plan document(s), insurance certificate(s), and/or summary plan description(s), a copy
of the Plan(s) effective on the date of this Agreement is incorporated by reference into
this Agreement.
7. To annually select a plan consultant (the "Plan Consultant") for the
upcoming Plan Year, prior to October 1st of each year.
8. To review, consider and act on any recommendations made by the Plan
Consultant.
9. To establish administrative guidelines for the efficient operation of the
Plan.
10. To establish financial regulations for the entry of new Participants into the
Consortium consistent with all applicable legal requirements and this Agreement.
11. To contract with third parties, which may include one or more Participants,
for the furnishing of all goods and services reasonably needed in the efficient operation
and administration of the Consortium, including, without limitation, accounting services,
legal counsel, contract administration services, consulting services, purchase of
insurances and actuarial services. Provided, however (a) the charges, fees and other
compensation for any contracted services shall be clearly stated in written
administrative services contracts, as required in Section 92-a(6) of the General
Municipal Law; (b) payment for contracted services shall be made only after such
services are rendered; (c) no Director or any member of such Director's immediate
family shall be an owner, officer, director, partner or employee of any contract
administrator retained by the Consortium; and (d) all such agreements shall otherwise
comply with the requirements of Section 92-a(6) of the General Municipal Law.
12. To purchase stop-loss insurance on behalf of the Consortium and
determine each year the insurance carrier or carriers who are to provide the stop- loss
insurance coverage during the next Plan Year, as required by Section 4707 of the
Insurance Law.
13. To determine and notify each Participant prior to October 15th of each Plan
Year of the monthly premium equivalent for each enrollee classification during the next
Plan Year commencing the following January 1st.
14. To designate the banks or trust companies in which joint funds, including
reserve funds, are to be deposited and which shall be located in this state, duly
chartered under federal law or the laws of this state and insured by the Federal Deposit
Insurance Corporation, or any successor thereto.
15. To designate annually a treasurer (the "Treasurer") who may or may not
be a Director and who shall be the treasurer, or equivalent financial officer, for one of
the Participants. The Treasurer's duties shall be determined by the Chief Fiscal Officer
to whom he/she will report.
16. To designate an Officer or Director to retain custody of all reports,
statements and other documents of the Consortium and take minutes of each Board
meeting which shall be acted on by the Board at a subsequent meeting.
17. To choose the certified public accountant and the actuary to provide the
reports required by this Agreement and any applicable law.
18. To designate an attorney-in-fact to receive summons or other legal
process in any action, suit or proceeding arising out of any contract, agreement or
transaction involving the Consortium. The Board designates John G. Powers, Esq. as
the Consortium's initial attorney-in-fact.
19. To take all necessary action to ensure that the Consortium obtains and
maintains a Certificate of Authority in accordance with the Insurance Law.
20. To take all necessary action to ensure the Consortium is operated and
administered in accordance with the law of the State of New York.
21. To take any other action authorized by law and deemed necessary to
accomplish the purposes of this Agreement.
F. EXECUTIVE COMMITTEE.
1. The Executive Committee of the Consortium shall consist of the
Chairperson, the Vice-Chairperson, and the Chief Fiscal Officer of the Consortium.
2. The Executive Committee may meet at anytime between meetings of the
Board, at the discretion of the Chairperson. The Executive Committee shall make
recommendations to the Board.
3. The Executive Committee shall manage the Consortium between
meetings of the Board, subject to such approval by the Board as may be required by
this Agreement.
G. OFFICERS.
1. At the Annual Meeting, the Board shall elect from its Directors a
Chairperson, Vice Chairperson, Chief Fiscal Officer, and Secretary, who shall serve for
a term of one (1) year or until their successors are elected and qualified. Any vacancy
in an officer's position shall be filled at the next meeting of the Board.
2. Officers of the Consortium and employees of any third party vendor,
including without limitation the officers and employees of any Participant, who assist or
participate in the operation of the Consortium, shall not be deemed employees of the
Consortium. Each third party vendor shall provide for all necessary services and
materials pursuant to annual contracts with the Consortium. The officers of the
Consortium shall serve without compensation from the Consortium, but may be
reimbursed for reasonable out-of-pocket expenses incurred in connection with the
performance of such officers’ duties.
3. Officers shall serve at the pleasure of the Board and may be removed or
replaced upon a two-thirds (2/3) vote of the entire Board. This provision shall not be
subject to the weighted voting alternative set forth in Section D.
H. CHAIRPERSON; VICE CHAIRPERSON.
1. The Chairperson shall be the chief executive officer of the Consortium.
2. The Chairperson, or in the absence of the Chairperson, the Vice
Chairperson, shall preside at all meetings of the Board.
3. In the absence of the Chairperson, the Vice Chairperson shall perform all
duties related to that office.
I. PLAN ADMINISTRATOR.
The Board, by a two-thirds (2/3) vote of the entire Board, may annually designate an
administrator and/or insurance company of the Plan (the "Plan Administrator") and the
other provider(s) who are deemed by the Board to be qualified to receive, investigate,
and recommend or make payment of claims, provided that the charges, fees and other
compensation for any contracted services shall be clearly stated in written
administrative services and/or insurance contracts and payment for such contracted
services shall be made only after such services are rendered or are reasonably
expected to be rendered. All such contracts shall conform to the requirements of
Section 92-a(6) of the General Municipal Law.
J. CHIEF FISCAL OFFICER.
1. The Chief Fiscal Officer shall act as the chief financial administrator of the
Consortium and disbursing agent for all payments made by the Consortium, and shall
have custody of all monies either received or expended by the Consortium. The Chief
Fiscal Officer shall be a fiscal officer of a Participant. The Chief Fiscal Officer shall
receive no remuneration from the Consortium. The Plan shall reimburse the Participant
that employs the Chief Fiscal Officer for reasonable and necessary out-of-pocket
expenses incurred by the Chief Fiscal Officer in connection with the performance of his
or her duties that relate to the Consortium.
2. All monies collected by the Chief Fiscal Officer relating to the Consortium,
shall be maintained and administered as a common fund. The Chief Fiscal Officer shall,
notwithstanding the provisions of the General Municipal Law, make payment in
accordance with procedures developed by the Board and as deemed acceptable to the
Superintendent.
3. The Chief Fiscal Officer shall be bonded for all monies received from the
Participants. The amount of such bond shall be established annually by the Consortium
in such monies and principal amount as may be required by the Superintendent.
4. All monies collected from the Participants by the Chief Fiscal Officer in
connection with the Consortium shall be deposited in accordance with the policies of the
Participant which regularly employs the Chief Fiscal Officer and shall be subject to the
provisions of law governing the deposit of municipal funds.
5. The Chief Fiscal Officer may invest moneys not required for immediate
expenditure in the types of investments specified in the General Municipal Law for
temporary investments or as otherwise expressly permitted by the Superintendent.
6. The Chief Fiscal Officer shall account for the Consortium's reserve funds
separate and apart from all other funds of the Consortium, and such accounting shall
show:
a. the purpose, source, date and amount of each sum paid into the
fund;
b. the interest earned by such funds;
c. capital gains or losses resulting from the sale of investments of the
Plan's reserve funds;
d. the order, purpose, date and amount of each payment from the
reserve fund; and
e. the assets of the fund, indicating cash balance and schedule of
investments.
7. The Chief Fiscal Officer shall cause to be prepared and shall furnish to the
Board, to participating municipal corporations, to unions which are the exclusive
bargaining representatives of Enrollees, the Board’s consultants, and to the
Superintendent:
a. an annual audit, and opinions thereon, by an independent certified
public accountant, of the financial condition, accounting procedures and internal
control systems of the municipal cooperative health benefit plan;
b. an annual report and quarterly reports describing the Consortium’s
current financial status; and
c. an annual independent actuarial opinion on the financial soundness
of the Consortium, including the actuarial soundness of contribution or premium
equivalent rates and reserves, both as paid in the current Plan Year and
projected for the next Plan Year.
8. Within ninety (90) days after the end of each Plan Year, the Chief Fiscal
Officer shall furnish to the Board a detailed report of the operations and condition of the
Consortium's reserve funds.
K. JOINT COMMITTEE ON PLAN STRUCTURE AND DESIGN.
1. There shall be a Joint Committee on Plan Structure and Design (the "Joint
Committee"), which shall consist of (a) a representative of each collective bargaining
unit that is the exclusive collective bargaining representative of any Enrollee or group of
Enrollees covered by the Plan(s) (the "Union Members"); and (b) a representative of
each Participant (the "Management Members"). Management Members may, but are
not required to be, Directors.
2. The Joint Committee shall review all prospective Board actions in
connection with the benefit structure and design of the Plan(s), and shall develop
findings and recommendations with respect to such matters. The Chair of the Joint
Committee shall report such findings and recommendations to the Board at any regular
or special meeting of the Board.
3. The Joint Committee shall select (a) from among the Union Members, an
individual who shall serve as Chair of the Joint Committee; and (b) from among the
Management Members, an individual who shall serve as Vice Chair of the Joint
Committee. The Joint Committee shall establish its own parliamentary rules and
procedures.
4. Each eligible union shall establish such procedures by which its
representative to the Joint Committee is chosen and such representative shall be
designated in writing to the Chairperson of the Board and the Chair of the Joint
Committee.
5. The Union Members on the Joint Committee shall select from among the
Union Members an individual to serve as an additional at-large voting Labor Member on
the Board of Directors of the Consortium. If the number of municipal members on the
Consortium rises to seventeen (17), the union members of the Joint Committee shall
select from among the Union Members an additional at-large voting Labor Member on
the Board of Directors of the Consortium. The at-large voting Labor Member(s) along
with the Joint Committee Chair shall collectively be the “Labor Representatives” as
defined in Section C(11) of this Agreement.
L. PREMIUM CALCULATIONS/PAYMENT.
1. The annual premium equivalent rates shall be established and approved
by a majority of the entire Board. The method used for the development of the premium
equivalent rates may be changed from time to time by the approval of two-thirds (2/3) of
the entire Board, subject to review and approval by the Superintendent. The premium
equivalent rates shall consist of such rates and categories of benefits as is set forth in
the Plan[s] that is determined and approved by the Board consistent with New York law.
2. The Consortium shall maintain reserves and stop-loss insurance to the
level and extent required by the Insurance Law and as directed by the Superintendent.
3. Each Participant's monthly premium equivalent, by enrollee classification,
shall be paid by the first day of each calendar month during the Plan Year. A late
payment charge of one percent (1%) of the monthly installment then due will be charged
by the Board for any payment not received by the first of each month, or the next
business day when the first falls on a Saturday, Sunday, legal holiday or day observed
as a legal holiday by the Participants.
The Consortium may waive the first penalty once per Plan Year for each
Participant, but will strictly enforce the penalty thereafter. A repeated failure to make
timely payments, including any applicable penalties, may be used by the Board as an
adequate justification for the expulsion of the Participant from the Consortium.
4. The Board shall assess Participants for additional contributions, if actual
and anticipated losses due to benefits paid out, administrative expenses, and reserve
and surplus requirements exceed the amount in the joint funds, as set forth in Section
B(3) above.
5. The Board, in its sole discretion, may refund amounts in excess of
reserves and surplus, or retain such excess amounts and apply these amounts as an
offset to amounts projected to be paid under the next Plan Year’s budget.
M. EMPLOYEE CONTRIBUTIONS.
If any Participant requires an Enrollee's contribution for benefits provided by the
Consortium, the Participant shall collect such contributions at such time and in such
amounts as it requires. However, the failure of a Participant to receive the Enrollee
contribution on time shall not diminish or delay the payment of the Participant's monthly
premium equivalent to the Consortium, as set forth in this Agreement.
N. ADDITIONAL BENEFITS.
Any Participant choosing to provide more benefits, coverages, or enrollment eligibility
other than that provided under the Plan(s), will do so at its sole expense. This
Agreement shall not be deemed to diminish such Participant's benefits, coverages or
enrollment eligibility, the additional benefits and the payment for such additional
benefits, shall not be part of the Plan(s) and shall be administered solely by and at the
expense of the Participant.
O. REPORTING.
The Board, through its officers, agents, or delegatees, shall ensure that the follow
reports are prepared and submitted:
1. Annually after the close of the Plan Year, not later than one-hundred
twenty (120) days after the close of the Plan Year, the Board shall file a report with the
Superintendent showing the financial condition and affairs of the Consortium, including
an annual independent financial audit statement and independent actuarial opinion, as
of the end of the preceding plan year.
2. Annually after the close of the Plan Year, the Board shall have prepared a
statement and independent actuarial opinion on the financial soundness of the Plan,
including the contribution or premium equivalent rates and reserves, both as paid in the
current Plan Year and projected for the next Plan Year.
3. The Board shall file reports with the Superintendent describing the
Consortium’s then current financial status within forty-five (45) days of the end of each
quarter during the Plan year.
4. The Board shall provide the annual report to all Participants and all
unions, which are the exclusive collective bargaining representatives of Enrollees, which
shall be made available for review to all Enrollees.
5. The Board shall submit to the Superintendent a report describing any
material changes in any information originally provided in the Certificate of Authority.
Such reports, in addition to the reports described above, shall be in such form, and
containing such additional content, as may be required by the Superintendent.
P. WITHDRAWAL OF PARTICIPANT.
1. Withdrawal of a Participant from the Consortium shall be effective only
once annually on the last day of the Plan Year.
2. Notice of intention of a Participant withdraw must be given in writing to the
Chairperson prior to October 3rd of each Plan Year. Failure to give such notice shall
automatically extend the Participant's membership and obligations under the Agreement
for another Plan Year, unless the Board shall consent to an earlier withdrawal by a two-
thirds (2/3) vote.
3. Any withdrawing Participant shall be responsible for its pro rata share of
any Plan deficit that exists on the date of the withdrawal, subject to the provisions of
subsection “4” of this Section. The withdrawing Participant shall be entitled to any pro
rata share of surplus that exists on the date of the withdrawal, subject to the provisions
of subsection “4” of this Section. The Consortium surplus or deficit shall be based on the
sum of actual expenses and the estimated liability of the Consortium as determined by
the Board. These expenses and liabilities will be determined one (1) year after the end
of the Plan Year in which the Participant last participated.
4. The surplus or deficit shall include recognition and offset of any claims,
expenses, assets and/or penalties incurred at the time of withdrawal, but not yet paid.
Such pro rata share shall be based on the Participant's relative premium contribution to
the Consortium as a percentage of the aggregate premium contributions to the
Consortium during the period of participation. This percentage amount may then be
applied to the surplus or deficit which existed on the date of the Participant's withdrawal
from the Consortium. Any pro rata surplus amount due the Participant shall be paid to
the Participant one year after the effective date of the withdrawal. Any pro rata deficit
amount shall be billed to the Participant by the Consortium one year after the effective
date of the withdrawal and shall be due and payable within thirty (30) days after the date
of such bill.
Q. DISSOLUTION; RENEWAL; EXPULSION.
1. The Board at any time, by a two-thirds (2/3) vote of the entire Board, may
determine that the Consortium shall be dissolved and terminated. If such determination
is made, the Consortium shall be dissolved ninety (90) days after written notice to the
Participants.
a. Upon determination to dissolve the Consortium, the Board shall
provide notice of its determination to the Superintendent. The Board shall
develop and submit to the Superintendent for approval a plan for winding-up the
Consortium’s affairs in an orderly manner designed to result in timely payment of
all benefits.
b. Upon termination of this Agreement, or the Consortium, each
Participant shall be responsible for its pro rata share of any deficit or shall be
entitled to any pro rata share of surplus that exists, after the affairs of the
Consortium are closed. No part of any funds of the Consortium shall be subject
to the claims of general creditors of any Participant until all Consortium benefits
and other Consortium obligations have been satisfied. The Consortium’s surplus
or deficit shall be based on actual expenses. These expenses will be determined
one year after the end of the Plan Year in which this Agreement or the
Consortium terminates.
c. Any surplus or deficit shall include recognition of any
claims/expenses incurred at the time of termination, but not yet paid. Such pro
rata share shall be based on each Participant's relative premium contribution to
the Plan as a percentage of the aggregate premium contributions to the Plan
during the period of participation. This percentage amount would then be applied
to the surplus or deficit which exists at the time of termination.
2. The continuation of the Consortium under the terms and conditions of the
Agreement, or any amendments or restatements thereto, shall be subject to Board
review on the fifth (5th) anniversary of the Effective Date and on each fifth (5th)
anniversary date thereafter (each a "Review Date").
a. At the annual meeting a year prior to the Review Date, the Board
shall include as an agenda item a reminder of the Participants’ coming obligation
to review the terms and conditions of the Agreement.
b. During the calendar year preceding the Review Date, each
Participant shall be responsible for independently conducting a review of the
terms and conditions of the Agreement and submitting to the Board of Directors a
written resolution containing any objection to the existing terms and conditions or
any proposed modification or amendment to the existing Agreement, such written
resolution shall be submitted to the Board on or before March 1st preceding the
Review Date. Failure to submit any such resolution shall be deemed as each
Participant’s agreement and authorization to the continuation of the Consortium
until the next Review Date under the existing terms and conditions of the
Agreement.
c. As soon as practicable after March 1st, the Board shall circulate to
all Participants copies of all resolutions submitted by the Participants. Subject to
Section S hereof, any resolutions relating to the modification, amendment, or
objection to the Agreement submitted prior to each Review Date shall be
considered and voted on by the Participants at a special meeting called for such
purpose. Such special meeting shall be held on or before July 1st preceding the
Review Date.
d. Notwithstanding the foregoing or Section S hereof, if at the Annual
Meeting following any scheduled Review Date the Board votes on and approves
the budget and annual assessment for the next year, the Participants shall be
deemed to have approved the continuation of the Consortium under the existing
Agreement until the next Review Date.
3. The Participants acknowledge that it may be necessary in certain
extraordinary circumstances to expel a Participant from the Consortium. In the event
the Board determines that:
a. a Participant has acted inconsistently with the provisions of the
Agreement in a way that threatens the financial well-being or legal validity of the
Consortium; or
b. a Participant has acted fraudulently or has otherwise acted in bad
faith with regards to the Consortium, or toward any individual Participant
concerning matters relating to the Consortium, the Board may vote to
conditionally terminate said Participant's membership in the Consortium. Upon
such a finding by the affirmative vote of seventy-five percent (75%) of the
Participants, the offending Participant shall be given sixty (60) days to correct or
cure the alleged wrongdoing to the satisfaction of the Board. Upon the expiration
of said sixty (60) day period, an absent satisfactory cure, to the Board may expel
the Participant by an affirmative vote of seventy-five percent (75%) of the
Participants (exclusive of the Participant under consideration). This section shall
not be subject to the weighted voting provision provided in Section D. Any
liabilities associated with the Participant's departure from the Consortium under
this provision shall be determined by the procedures set forth in Section P of this
Agreement.
R. REPRESENTATIONS AND WARRANTIES OF PARTICIPANTS.
Each Participant by its approval of the terms and conditions of this Agreement hereby
represents and warrants to each of the other Participants as follows:
1. The Participant understands and acknowledges that its participation in the
Consortium under the terms and conditions of this Agreement is strictly voluntary and
may be terminated as set forth herein, at the discretion of the Participant.
2. The Participant understands and acknowledges that the duly authorized
decisions of the Board constitute the collective will of each of the Participants as to
those matters within the scope of the Agreement.
3. The Participant understands and acknowledges that the decisions of the
Board made in the best interests of the Consortium may on occasion temporarily
disadvantage one or more of the individual Participants.
4. The Participant represents and warrants that its designated Director or
authorized representative understands the terms and conditions of this Agreement and
is suitably experienced to understand the principles upon which this Consortium
operates.
5. The Participant understands and acknowledges that all Directors, or their
authorized representatives, are responsible for attending all scheduled meetings.
Provided that the quorum rules are satisfied, non-attendance at any scheduled meeting
is deemed acquiescence by the absent Participant to any duly authorized Board-
approved action at the meeting. However, a Participant that was absent from a meeting
will not be presumed to have acquiesced in a particular action taken at the meeting if,
within fifteen (15) calendar days after learning of such action, the Participant delivers
written notice to the Chairperson that it dissents from such action. The Participant shall
also notify the other members of the Board of such dissent. The Chairperson shall direct
the Secretary to file the notice with the minutes of the Board.
6. The Participant understands and acknowledges that, absent bad faith or
fraud, any Participant's vote approving any Board action renders that Board action
immune from later challenge by that Participant.
S. RECORDS.
The Board shall have the custody of all records and documents, including financial
records, associated with the operation of the Consortium. Each Participant may request
records and documents relative to their participation in the Consortium by providing a
written request to the Chairperson and Chief Fiscal Officer. The Consortium shall
respond to each request no later than thirty (30) days after its receipt thereof, and shall
include all information which can be provided under applicable law.
T. CHANGES TO AGREEMENT.
Any change or amendment to this Agreement shall require the unanimous approval of
the Participants, as authorized by their respective legislative bodies.
U. CONFIDENTIALITY.
Nothing contained in this Agreement shall be construed to waive any right that a
covered person possesses under the Plan with respect to the confidentiality of medical
records and that such rights will only be waived upon the written consent of such
covered person.
V. ALTERNATIVE DISPUTE RESOLUTION ("ADR").
1. General. The Participants acknowledge and agree that given their
budgeting and fiscal constraints, it is imperative that any disputes arising out of the
operation of the Consortium be limited and that any disputes which may arise be
addressed as quickly as possible. Accordingly, the Participants agree that the
procedures set forth in this Section V are intended to be the exclusive means through
which disputes shall be resolved. The Participants also acknowledge and agree that by
executing this Agreement each Participant is limiting its right to seek redress for certain
types of disputes as hereinafter provided.
2. Disputes subject to ADR. Any dispute by any Participant arising out of or
relating to a contention that:
a. the Board, the Board's designated agents, or any Participant has
failed to adhere to the terms and conditions of this Agreement;
b. the Board, the Board's designated agents, or any Participant has
acted in bad faith or fraudulently in undertaking any duty or action under the
Agreement; or
c. any other dispute otherwise arising out of or relating to the terms or
conditions of this Agreement or requiring the interpretation of this Agreement
shall be resolved exclusively through the ADR procedure set forth in paragraph
(3) below.
3. ADR Procedure. Any dispute subject to ADR, as described in
subparagraph (2), shall be resolved exclusively by the following procedure:
a. Board Consideration: Within ninety (90) days of the occurrence of
any dispute, the objecting party (the "Claimant") shall submit a written notice of
the dispute to the Chairperson specifying in detail the nature of the dispute, the
parties claimed to have been involved, the specific conduct claimed, the basis
under the Agreement for the Participant's objection, the specific injury or
damages claimed to have been caused by the objectionable conduct to the
extent then ascertainable, and the requested action or resolution of the dispute.
A dispute shall be deemed to have occurred on the date the objecting party knew
or reasonably should have known of the basis for the dispute.
(i) Within sixty (60) days of the submission of the written notice,
the Executive Committee shall, as necessary, request further information
from the Claimant, collect such other information from any other interested
party or source, form a recommendation as to whether the Claimant has a
valid objection or claim, and if so, recommend a fair resolution of said
claim. During such period, each party shall provide the other with any
reasonably requested information within such party's control. The
Executive Committee shall present its recommendation to the Board in
writing, including any underlying facts, conclusions or support upon which
it is based, within such sixty (60) day period.
(ii) Within sixty (60) days of the submission of the Executive
Committee's recommended resolution of the dispute, the Board shall
convene in a special meeting to consider the dispute and the
recommended resolution. The Claimant and the Executive Committee
shall each be entitled to present any argument or material it deems
pertinent to the matter before the Board. The Board shall hold discussion
and/or debate as appropriate on the dispute and may question the
Claimant and/or the Executive Committee on their respective submissions.
Pursuant to its regular procedures, the Board shall vote on whether the
Claimant has a valid claim, and if so, what the fair resolution should be.
The weighted voting procedure set forth in Section D shall not apply to this
provision. The Board's determination shall be deemed final subject to the
Claimant's right to arbitrate as set forth below.
b. Arbitration. The Claimant may challenge any Board decision under
subparagraph (V)(3)(a)(ii) by filing a demand for arbitration with the American
Arbitration Association within thirty (30) days of the Board's vote (a "Demand").
In the event a Claimant shall fail to file a Demand within thirty (30) days, the
Board's decision shall automatically be deemed final and conclusive. In the
event the Participant files a timely Demand, the arbitrator or arbitration panel may
consider the claim:
provided however;
(i) in no event may the arbitrator review any action taken by the
Board that occurred three (3) or more years prior to when the Chairperson
received notice of the claim; and
(ii) in no event may the arbitrator award damages for any period
that precedes the date the Chairperson received notice of the claim by
more than twenty-four (24) months.
c. The Participants agree that the procedure set forth in this Section V
shall constitute their exclusive remedy for disputes within the scope of this
Section.
W. MISCELLANEOUS PROVISIONS.
1. This instrument constitutes the entire Agreement of the Participants with
respect to the subject matter hereof, and contains the sole statement of the operating
rules of the Consortium. This instrument supersedes any previous Agreement, whether
oral or written.
2. Each Participant will perform all other acts and execute and deliver all
other documents as may be necessary or appropriate to carry out the intended
purposes of this Agreement.
3. If any article, section, subdivision, paragraph, sentence, clause, phrase,
provision or portion of this Agreement shall for any reason be held or adjudged to be
invalid or illegal or unenforceable by any court of competent jurisdiction, such article,
section, subdivision, paragraph, sentence, clause, phrase, provision or portion so
adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and
independent and the remainder of this Agreement shall be and remain in full force and
effect and shall not be invalidated or rendered illegal or unenforceable or otherwise
affected by such holding or adjudication.
4. This Agreement shall be governed by and construed in accordance with
the laws of the State of New York. Any claims made under Section V(3)(b) except to
the extent otherwise limited therein, shall be governed by New York substantive law.
5. All notices to any party hereunder shall be in writing, signed by the party
giving it, shall be sufficiently given or served if sent by registered or certified mail,
return receipt requested, hand delivery, or overnight courier service addressed to the
parties at the address designated by each party in writing. Notice shall be deemed
given when transmitted.
6. This Agreement may be executed in two or more counterparts each of
which shall be deemed to be an original but all of which shall constitute the same
Agreement and shall become binding upon the undersigned upon delivery to the
Chairperson of an executed copy of this Agreement together with a certified copy of the
resolution of the legislative body approving this Agreement and authorizing its
execution.
7. The provisions of Section V shall survive termination of this Agreement,
withdrawal or expulsion of a Participant, and/or dissolution of the Consortium.
8. Article and section headings in this Agreement are included for reference
only and shall not constitute part of this Agreement.
9. No findings or recommendations made by the Joint Committee on Plan
Structure and Design or by the Chair of the Joint Committee shall be considered a
waiver of any bargaining rights under any contract, law, rule, statute, or regulation.
X. APPROVAL, RATIFICATION, AND EXECUTION.
1. As a condition precedent to execution of this Municipal Cooperative
Agreement and membership in the Consortium, each eligible municipal corporation
desiring to be Participant shall obtain legislative approval of the terms and conditions of
this Agreement by the municipality’s governing body.
2. Prior to execution of this Agreement by a Participant, the Participant shall
provide the Chairperson with the resolution approving the municipality’s participation in
this Consortium and expressly approving the terms and conditions of this Municipal
Cooperative Agreement. Each presented resolution shall be attached to and
considered a part of this Agreement.
3. By executing this Agreement, each signatory warrants that he/she has
complied with the approval and ratification requirements herein and is otherwise
properly authorized to bind the participating municipal corporation to the terms and
conditions of this Agreement.
[Signature Pages Follow]
IN WITNESS WHEREOF, the undersigned has caused this Agreement to be
executed as of the day and year first above written.
CITY OF ITHACA
By: ___________________________
Mayor
TOWN OF ENFIELD
By: ___________________________
Town Supervisor
COUNTY OF TOMPKINS
By: ___________________________
Chair of the County Legislature
TOWN OF GROTON
By: ___________________________
Town Supervisor
TOWN OF CAROLINE
By: ___________________________
Town Supervisor
TOWN OF ITHACA
By: ___________________________
Town Supervisor
TOWN OF DANBY
By: ___________________________
Town Supervisor
TOWN OF DRYDEN
By: ___________________________
Town Supervisor
TOWN OF ULYSSES
By: ___________________________
Town Supervisor
VILLAGE OF GROTON
By:
___________________________
Mayor
VILLAGE OF CAYUGA HEIGHTS
By: ___________________________
Mayor
VILLAGE OF DRYDEN
By: ___________________________
Mayor
VILLAGE OF TRUMANSBURG
By: ___________________________
Mayor
Addendum “A”
Example of Weighted Voting Formula under Section D(2)
If 10 Participants have 500 or fewer enrollees each and 2 Participants have more than
500 enrollees each, under subparagraph “a” the 10 each get 1 vote. Under
subparagraph “b” the 2 large Participants get 4 votes each, which is calculated by taking
the total number of votes under subparagraph “a” [10] subtracting 1, dividing by the
number of eligible Participants under subsection “b” [2], and rounding the result [4.5]
down to the nearest whole number [4]. The Labor Representative shall have 1 vote,
irrespective of the votes available to the Participants.
9.10 Controller’s Report
9.11 Possible Motion to Enter Into Executive Session to Discuss Labor
Negotiations - Resolution
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend The City Of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning,” To Correct Inconsistencies Within the Zoning Ordinance
Pertaining to Rear-Yard Setbacks.
WHEREAS, Chapter 325 of the Municipal Code of the City of Ithaca (“Zoning”) contains
certain internal inconsistencies regarding the required rear-yard setback in certain
districts (e.g., as to whether such minimum setback is 20 feet or 10 feet); and
WHEREAS, a reference in Chapter 325 (and in the “District Regulations Chart”) to a
requirement of the New York State Uniform Fire and Prevention Code (regarding the
minimum rear-yard setback for multiple dwellings) is no longer accurate; now therefore
ORDINANCE NO. 10-__
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 (entitled “Zoning”) be and
hereby is hereby amended as follows:
Section 1.
Chapter 325, Subsection 325-18.C, of the Municipal Code of the City of Ithaca (entitled
“Reductions in Rear Yards”) is hereby deleted in its entirety, and the subsequent
subsection is hereby re-lettered accordingly.
Section 2.
Chapter 325, Section 325-8 (entitled “General Notes Pertaining to Regulations”),
Subsection B(7), of the Municipal Code of the City of Ithaca is hereby deleted in its
entirety, and the subsequent subsections are hereby re-numbered accordingly.
Section 3.
In the “District Regulations Chart” referred to and incorporated into Chapter 325,
Subsection 325-8.A, of the Municipal Code of the City of Ithaca, in the “General Notes”
thereon, item numbered “8” (pertaining to possible, additional setback or other
requirements imposed by the New York State Uniform Fire and Prevention Code) is
hereby deleted in its entirety, and the subsequent notes are re-numbered accordingly.
Section 4.
The “District Regulations Chart” is hereby further amended as follows:
(a) In Column “14/15” of the Chart (re: rear yard dimensions), the existing column
entries for the R-1, R-2, R-3, R-U, C-SU and MH-1 districts shall be supplemented with
the words: “(but not less than 20 feet)”.
(b) In Column “14/15” of the Chart, the existing column entries for the B-1, B-2a,
B-2c, B-2d, B-4, B-5, I-1, M-1 and SW districts shall be supplemented with the words:
“(but not less than 10 feet)”.
Section 5.
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 Declaration of Continued Emergency and Authorization of New and
Improved Temporary Fences on Gorge Bridges - Resolution
WHEREAS, the high bridges across Ithaca’s gorges have provided spectacular and
inspiring views of the City and its environs, and a unique and important window for
residents and visitors into the natural beauty of the gorges and the area’s geologic
history; and
WHEREAS, these same bridges (across Fall Creek and Cascadilla Creek) are located
adjacent to, within or between areas of the Cornell University campus, providing the
most heavily used means of accessing the central campus, by vehicles and/or
pedestrians; and
WHEREAS, three of the bridges in question are owned and maintained by the City of
Ithaca, and five are owned and maintained by Cornell University; and
WHEREAS, these same, eight bridges have also been the sites, over the years, of
deaths and injuries, both as a result of accidental falls and intentional leaps, with
approximately one-half of the suicidal jumps involving college students; and
WHEREAS, in the past 20 years, there have been 29 jumps or falls from these bridges,
with 27 being fatal and the other two resulting in serious injury; more than half of these
were from City-owned bridges, and the vast majority of these incidents were deemed to
be suicidal; and
WHEREAS, in early 2010, within a one-month period, three known or probable suicides
occurred from two of these high bridges, the last two within two days of each other in
March; and
WHEREAS, Cornell officials, in emergency consultation – immediately after these three
incidents - with professionals who study suicide and/or work on its prevention,
concluded that the incidents likely represented a “suicide cluster” and were both the
result of and the continuing cause of a “suicide contagion,” and further that Ithaca’s and
Cornell’s high bridges likely represented “iconic” suicide sites known to attract
vulnerable people, especially vulnerable young people, potentially resulting in further
impulsive suicide attempts, in succession, after publicity about previous suicides from
the same iconic site, and, further, that swift emergency action should be taken to place
physical deterrents to impulsive suicide attempts, in the form of barriers on the high
bridges; and
WHEREAS, in March 2010, Cornell closed or erected temporary, emergency, chain-link
fences on its own bridges across the Fall Creek and Cascadilla Creek gorges, without
going through the City’s normal environmental review and site plan permitting procedure
(as such steps would have resulted in a delay Cornell officials believed would have
created an unacceptable risk of still more loss of life); and
WHEREAS, in March 2010, Cornell officials met with City of Ithaca Mayor Carolyn
Peterson, as the result of which Cornell Vice President Kyu-Jung Whang sent a letter to
City of Ithaca Mayor Carolyn Peterson on March 26, 2010 explaining the need for the
University’s actions and requesting that the City allow Cornell to place similar
emergency fences on the three City-owned bridges in question; and
WHEREAS, the placement of a fence or other barrier on a bridge is an action normally
subject to the City’s site plan review and other permitting procedures, as well as
environmental review (per City and State law), and is exempt from such review only if it
is temporary (of short duration and reversible) and of an emergency nature; and
WHEREAS, on March 26, 2010, the Mayor exercised her authority under Section 4-1 of
the City’s Municipal Code, and declared that the string of recent, apparent suicides and
the accompanying risk of a suicide contagion that could lead to further harm constituted
an emergency “affecting the life, health or safety of inhabitants of the City,” and that for
that reason she was granting permission to Cornell to install temporary fences on the
three City bridges (at Cornell’s sole cost), without the normal review and permitting
process, but only until June 4, 2010; and
WHEREAS, during April 2010, Cornell contacted three experts in the field of studying
suicide and its prevention: Annette L. Beautrais, Ph.D., Senior Research Scientist,
Department of Emergency Medicine, Yale University School of Medicine; Madelyn S.
Gould, Ph.D., M.P.H. Professor, Psychiatry and Public Health (Epidemiology), Columbia
University; and Eric D. Caine, M.D. Professor and Chair, Department of Psychiatry,
University of Rochester Medical Center, and further Cornell asked them to study and
visit the Cornell campus and City of Ithaca, to consult with leaders at the university and
in the City, to provide information and opinion about current research and best
practices, to assess the risks and challenges faced in the City of Ithaca both on and off
campus, and to make recommendations on how the university and the City of Ithaca
could address these challenges; and
WHEREAS, during early May 2010, these three experts spent several days in Ithaca,
during which time, among other activities, they met with the Mayor and other leaders in
City government at City Hall, and held a public forum to which a large number of City
and Cornell officials and leaders were invited, for the purpose of sharing their
perspectives about suicide and suicide prevention, as well as receiving and answering
questions from the audience; and
WHEREAS, in mid-May 2010, Cornell officials advised the Mayor and other City officials
of the experts’ oral conclusions and recommendations, which included the strong
recommendation that temporary fences on the City-owned and Cornell-owned bridges
should remain in place while permanent, more suitable and aesthetically-acceptable
means restrictions that could be placed on or under the bridges were explored,
designed, and reviewed through the normal process of site plan, environmental, and
other review and approval procedures; and
WHEREAS, Cornell has acknowledged that the temporary chain link barriers on the
bridges (which Cornell believes needed to be installed within a matter of days, using
readily-available materials, to address the risk of further suicides) and their associated
top armature sections are not attractive and do not take into account the aesthetic value
of the bridges or the desirability of preserving important views from the bridges; and
WHEREAS, Cornell proposed, in a letter dated May 27, 2010 from Vice-President
Susan Murphy to the Mayor, that the chain-link fences on the City bridges should be
permitted to remain for 10 more weeks after they had previously been scheduled to be
removed (on June 4, 2010), during which period Cornell and City representatives could
work closely together in order to (briefly summarized):
a. gain more knowledge about means restriction on bridges as a way of
addressing suicides or the suicide contagion phenomenon in a community like Ithaca,
b. consider how the important viewing and other aesthetic amenities of the high
bridges could be preserved in conjunction with a means restriction approach,
c. review designs for more visually acceptable temporary, emergency fence
materials,
d. consider a mutually agreeable timetable for the more visually acceptable,
temporary, emergency fence material to remain on the bridges, while permanent means
restriction approaches and potential solutions were discussed, designed, and reviewed
through the normal process of site plan, environmental, and other review and approval
procedures; and
WHEREAS, on June 2, 2010, the Common Council adopted a resolution entitled
“Common Council Declaration of Emergency and Authorization of 10-week Extension
for Existing, Temporary Fences on Gorge Bridges”; and
WHEREAS, since June 2, 2010, representatives of the City, including elected and
appointed officials and senior-level staff have met frequently with representatives of
Cornell, have exchanged information including: (a) the three consultants’ “Basic Report”
when it became available in mid-June, (b) the three consultants’ “Extended Report”
when it became available in early July, (c) data on suicidal jumps and accidental deaths
from the gorge bridges, (d) bridge by bridge analyses of the views and other amenities
from bridges and how they might be preserved in conjunction with both temporary and
permanent means restriction approaches, features of their railings and whether they
contribute to or deter potential jumps or accidental falls, (e) descriptions of Cornell’s on-
going mental health and safety counseling and other programming for students, (f)
samples of temporary fence material that could be installed in place of chain link
material, including installation features and modifications to it that would preserve some
viewing opportunities and other aesthetic qualities of the bridges while temporarily on
bridges; and
WHEREAS, on July 14, 2010, the Common Council and the City’s Board of Public
Works conducted a special, joint meeting to which members of other City boards and
committees as well as the public were invited, and at which representatives of the City
and Cornell explained the work they had been doing, summarized the information they
had exchanged, explained Cornell’s rationale for and request that temporary emergency
fencing remain on the bridges - but in a more aesthetic form, and at which questions
and comments from other City officials and from the general public were entertained by
representatives of the City and Cornell; and
WHEREAS, the temporary fence material proposed by Cornell to be installed (at
Cornell’s sole cost) in place of the existing chain link fence material is less reflective,
does not have armature at the top, has viewing “portholes” at various heights and
intervals to allow viewing and picture taking without wire, is lower in height than the
chain link fence it would replace, and overall has a lighter weight appearance and a
more architectural look than the industrial, heavy look of the chain link fence, and such
characteristics mitigate to the extent practicable (given the temporary nature and
purpose) the effects of fencing on the important views previously available from the
gorge bridges, and makes the proposed fencing less apparent when the bridges are
viewed from the gorges and from other areas near the bridges, and further the
temporary fence material can be installed and subsequently removed without alteration
or damage to the existing bridges; and
WHEREAS, there appears to be sufficient expert evidence and opinion about the
possibility of an ongoing “suicide contagion” in the City of Ithaca, and about the lingering
effect of recent media attention and resultant notoriety of the high bridges in Ithaca
making them potentially “iconic” suicide sites, which could increase the risk of suicide
attempts from them, to constitute a continuing emergency affecting the life, health or
safety of the inhabitants of the City of Ithaca; and
WHEREAS, Cornell indicates that it remains committed to exploring (and, ultimately,
proposing, for full review and public comment), during the extended emergency period
provided for herein and in close collaboration with City representatives, creative, long-
term means restrictions (including at least one sub-structure pre-schematic design per
bridge) for each of the bridges in question intended to deter impulsive jumps (and/or
their injurious results) while also preserving to the greatest extent practicable the
aesthetic attributes of the bridges and the important views available from and of them;
now therefore be it
RESOLVED, That the Common Council hereby declares that a threat to the safety or
life of certain City residents and visitors appears to continue to exist in the form of a
possible suicide contagion focused on the use of the high bridges across Ithaca’s
gorges to end one’s life in a public manner from an iconic site, which risk justifies
temporary continuation of the afore-mentioned emergency actions (not contingent upon
the normal review and permitting procedures) to deter impulsive jumps from such
bridges; and be it further
RESOLVED, That, subject to the conditions set forth below and execution of the
Memorandum of Understanding referenced below, the Common Council hereby
authorizes Cornell University to continue to maintain temporary fences on the two City-
owned bridges on Stewart Avenue (across Cascadilla Creek and Fall Creek) and the
City-owned bridge on Thurston Avenue, and on the afore-mentioned Cornell-owned
bridges, provided that by no later than August 20, 2010, Cornell, at its sole cost, shall
replace the existing chain link material of each of the fences with the Designmaster 6-
gauge wire, vinyl-coated black rectangular panel fence material described at the July
14, 2010 public meeting (or with a substantial equivalent to that manufactured by
Designmaster, from a different manufacturer), which new material shall provide for a
variety of viewing portals on each bridge, as described and presented at the July 14th
meeting; and be it further
RESOLVED, That the Common Council hereby requires as a condition of this
authorization that Cornell University agree in writing to remove the improved, temporary,
emergency fences from the various bridges in question - or any one or some of them,
as the case may be - (at Cornell’s sole expense) upon the earliest occurrence of the
following:
(1) upon the timely replacement of the fences (or any of them) by a permanent
means restriction project, as duly reviewed, permitted, and approved by the City,
including all requisite environmental review and site plan approval and any other
required consent (with the City and its boards to act in a timely, good faith manner with
respect to such reviews, approval consent or disapproval); or
(2) by May 31, 2011, if, for any particular bridge, no bona fide, good faith
application for site plan review and Full Environmental Assessment Form (Part 1) for a
proposed permanent means restriction project have been submitted by Cornell
University by that date; or
(3) within thirty (30) days of notice to do so from the City, if, following the timely
submission (i.e., by May 31, 2011) of a bona fide, good faith application for site plan
review and Full Environmental Assessment Form (Part 1) for the permanent means
restriction project, Cornell has abandoned or failed to pursue in good faith and a
reasonable, timely manner the process for the review and consideration of said site plan
and any other, required approvals, for any particular bridge (or some or all of them); or
(4) within thirty (30) days after any disapproval of a site plan review application
for the permanent means restriction project (or for any individual bridge therein), or after
written notice from the Mayor to Cornell of a decision by the City not to consent to the
installation of such project on some or all of the City-owned bridges; and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized
to enter into a Memorandum of Understanding with Cornell containing such terms and
conditions as she shall deem reasonably necessary and appropriate to protect the
interests of the City and to ensure that the intent of this resolution is carried out.
14. MAYOR’S APPOINTMENTS:
14.1 Appointments to Ithaca Housing Authority Board – Resolution
RESOLVED, That Arthur Williams be appointed to the Ithaca Housing Authority Board
to replace Donald Byrd with a term to expire October 17, 2012, and be it further
RESOLVED, That Christopher Malcolm be appointed to the Ithaca Housing Authority
Board to replace Joan Serra with a term to expire October 17, 2013.