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HomeMy WebLinkAboutMN-CC-2003-07-09 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 pm July 9, 2003 PRESENT: Mayor Cohen Alderpersons (10) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan, Hershey OTHERS PRESENT: Information Management Specialist – Myers Assistant City Attorney – Dunn City Controller – Thayer Planning and Development Director – Van Cort Community Development Director - Bohn Superintendent of Public Works – Gray Deputy Human Resources Director – Saul Historic Preservation Planner - Chatterton PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Resources Committee: Alderperson Peterson requested the addition of a motion to enter into Executive Session to discuss the employment history of an individual. No Council Member objected New Business: Alderperson Blumenthal requested the addition of a report on The Commons Clock Towers. No Council Member objected COMMUNICATIONS/PROCLAMATIONS: Information Management Specialist Myers read into the record a letter from former Alderperson Roey Thorpe regarding her support of the proposed Human Rights Ordinance. SPECIAL ORDER OF BUSINESS: A Public Hearing to consider the Proposed Small Cities Community Development Block Grant (CDBG) Application. Resolution to Open Public Hearing: By Alderperson Manos: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to consider the Proposed Small Cities Community Development Block Grant (CDBG) Application be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing: By Alderperson Pryor: Seconded by Alderperson Whitmore RESOLVED, That the Public Hearing to consider the Proposed Small Cities Community Development Block Grant (CDBG) Application be declared closed. Carried Unanimously July 9, 2003 2 Resolution to Re-open Public Hearing By Alderperson Mack: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to consider the Proposed Small Cities Community Development Block Grant (CDBG) Application be re-opened. Carried Unanimously Barton Smith addressed Common Council regarding the CDBG grant application. Resolution to Close Public Hearing: By Alderperson Pryor: Seconded by Alderperson Mack RESOLVED, That the Public Hearing to consider the Proposed Small Cities Community Development Block Grant (CDBG) Application be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Council regarding the City Administrator position: Neil Oolie Eric Learner Fay Gougakis Joel Harlan Barton Smith Guy Gerard Jean McPheeters The following people addressed Council regarding the possible designation of University Hill as a historic district: Joanne Luks Mary Tomlan Scott Whitham John Schroeder Kate Shearman Jean Jitomir Kim Fezza George Frantz Greg Seaberg David Morgensin Dorothy Reddington The following people addressed Council regarding the possible creation of a Benefit Assessment District in the Southwest Area: Steve Ehrhardt Sally VanOrman Tom Pendell Dorothy Sturtevant Marilyn Ryan Tim McGuire Jean McPheeters Barton Smith Will Cooke The following people addressed Council regarding the Human Rights Ordinance: Larry Roberts Toni Murdough Joyce Muchan Frances Biliteer Nancy Beareano Barton Smith RESPONSE TO THE PUBLIC: Mayor Cohen responded to comments made about the Route 13 project. He stated that New York State has been asked for financial assistance, and the response was that this project is a low priority for the State. Mayor Cohen also responded to comments made regarding the City Administrator position. He stated that any decision made by Common Council on this position is not binding, as it still has to be approved by the voters at the general election because it is subject to a mandatory referendum. He further responded to rumors that the position is being created for him, and stated for the record that he is not interested in serving in this position. July 9, 2003 3 CONSENT AGENDA ITEMS: Flexible Spending Account - Resolution By Alderperson Manos: Seconded by Alderperson Mack WHEREAS, the City of Ithaca instituted a Flexible Spending Account for unreimbursed medical expenses in April 2002, and WHEREAS, the City established a one thousand dollar ($1,000) before tax limit for employee deductions, and WHEREAS, the Flexible Spending Account for unreimbursed medical expenses has been in effect for fifteen months without incident, and WHEREAS, the City Controller and the Human Resources Director are therefore recommending that the amount be raised from $1000 to $1500, now therefore be it RESOLVED, That Common Council hereby authorizes a $500 increase for the Flexible Spending Account, from $1000 to $1500 for unreimbursed medical expenses. Carried Unanimously Mayor – Request to Authorize Mayor to Sign Contract and Amend 2003 Authorized Budget - Resolution By Alderperson Manos: Seconded by Alderperson Mack WHEREAS, the City has received confirmation from the New York State Department of State of a $48,500 Federal Grant from the Great Lakes Restoration Program to construct a gravel-filled infiltration basin and trench at the Sciencenter, and WHEREAS, the grant requires a 50% local match, which will come from the Sciencenter, and WHEREAS, the City will subcontract with the Sciencenter and act as a pass-through for the federal funds from the State; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Mayor to sign all necessary contracts for the Great Lakes Restoration Grant Program, including subcontract agreements, and be it further RESOLVED, That Common Council hereby authorizes the 2003 Budget be amended for said grant pass-through as follows: Increase Revenue Account: A4991 Federal Aid, Water Capital Project $48,500 Increase Appropriation Account A8745-5435 Flood & Erosion Control Contracts $48,500 Carried Unanimously Finance/Controller – Request to Approve Civil Service Agreement for the year 2003 - Resolution By Alderperson Manos: Seconded by Alderperson Mack RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance of services by the City in connection with Civil Service matters for the period July 1, 2003 to June 30, 2004, in the amount of $39,920.00, payable to the City of Ithaca on or before November 1, 2003. Carried Unanimously July 9, 2003 4 HUMAN RESOURCES COMMITTEE: Finance/Controller – Appointment of Deputy City Controller - Resolution By Alderperson Peterson: Seconded by Alderperson Whitmore WHEREAS, the Deputy Controller position has been vacant since the retirement of the previous Controller and promotion of the current Controller on May 3, 2002, and WHEREAS, the City conducted two exhaustive searches and several interviews for a new Deputy Controller position since May 3, 2002, and WHEREAS, both searches were unable to produce qualified applicants for the position who lived in or would move within the City to assume the duties of Deputy Controller, and WHEREAS, the most recent search produced two qualified applicants who maintain residency outside the City, and are unwilling to move within the City at this time, and WHEREAS, the City’s current residency law includes a waiver provision that allows for the residency requirement to be waived if there is a lack of applicants, which results in difficulty hiring a qualified person because of its residency requirement; now, therefore, be it RESOLVED, That Common Council hereby waives the residency requirement, Section 90-68(A) and 90-68(B) of the City’s Local Law No. 5-2002, adopted December 4, 2002, for the current vacant Deputy Controller position, and be it further RESOLVED, That Scott A. Andrew be and hereby is provisionally appointed to the position of Deputy City Controller, effective July 28, 2003, at a 2003 annual salary of $55,000, and be it further RESOLVED, That upon his appointment, Mr. Andrew shall earn annual leave at 10 hours per month for the remainder of 2003 and earn 13.5 hours per month for the next sixty-seven (67) months of City employment, after which time he will earn annual leave on a monthly basis according to the most current schedule for managerial personnel for length of service year seven (7) and beyond, and be it further RESOLVED, That for all other fringe benefits, he will follow the current benefit package approved for managerial personnel not covered by a bargaining unit. Alderperson Pryor questioned if the residency waiver was granted for a period of time or if it was permanent. Alderperson Cogan responded that the waiver is permanent. A vote on the resolution resulted as follows: Ayes (6) Blumenthal, Cogan, Whitmore, Peterson, Hershey, Manos Nays (1) Pryor Carried A Local Law Amending the Charter of the City of Ithaca to Create the Position of City Administrator and to Provide for the Powers and Duties Thereof. Alderperson Peterson requested that this item be referred back to the Human Resources Committee for further discussion at their next meeting. She announced that she has scheduled a public forum for Thursday, July 24, 2003 at 7:30 p.m. in Council Chambers on this topic. Extensive discussion followed on the floor regarding the division of responsibilities between the Mayor and the City Administrator; funding of the position; and concerns regarding the appointment of the City Attorney by the City Administrator rather than the Mayor. July 9, 2003 5 A Local Law Amending Sections C-5 and C-11 of the City of Ithaca Charter Respectively to Transfer from the Mayor to Certain Department Heads the Power to Appoint Their Respective Deputies, and to Replace the Mayor with the Police Chief as Head of the Police Department. No action taken on this item at this time because the Local Law to create a City Administrator position was referred back to the Human Resources Committee for further discussion. A Local Law Amending Section C-5(c)(2) of the City of Ithaca Charter Diminishing the Mayor’s Powers by Deleting the Provisions that State that the City Attorney and City Prosecutor Shall Serve at the Pleasure of the Mayor. No action taken on this item at this time because the Local Law to create a City Administrator position was referred back to the Human Resources Committee for further discussion. NEIGHBORHOOD & COMMUNITY ISSUES COMMITTEE: An Ordinance to Repeal Articles I and II of Chapter 215 of the City of Ithaca Municipal Code Entitled “Human Rights Protection” and in Their Place to Enact New Provisions. By Alderperson Pryor: Seconded by Alderperson Hershey ORDINANCE NO. ___________OF 2003. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Articles I and II of Chapter 215, entitled “Human Rights Protection” of the City of Ithaca Municipal Code are hereby deleted and replaced by the following language: ARTICLE I: ANTIDISCRIMINATION. §215-1: Legislative Purpose and Intent. While the City of Ithaca Municipal Code presently provides human rights protections related to fair housing, it does not contain similar provisions prohibiting discrimination in the areas of credit; education; employment, and public accommodations. Therefore, the Common Council of the City of Ithaca is desirous of providing for protection against discrimination to its residents in all of these areas. Furthermore, Common Council wishes to extend human rights protection to the following list of protected classes: Persons who are discriminated against on the basis of actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socio- economic status; or weight. §215-2. Definitions When used in this article: 1. The term "commercial space" means any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof. 2. The term "credit", when used in this article means the right conferred upon a person by a creditor to incur debt and defer its payment, whether or not any interest or finance charge is made for the exercise of this right. 3. The term "credit reporting bureau", when used in this article, means any person doing business in this city who regularly makes credit reports, as such term is defined by subdivision e of section three hundred seventy-one of the general business law. July 9, 2003 6 4. The term "creditor", when used in this article, means any person or financial institution which does business in this city and which extends credit or arranges for the extension of credit by others. The term creditor includes, but is not limited to, banks and trust companies, private bankers, foreign banking corporations and national banks, savings banks, licensed lenders, savings and loan associations, credit unions, sales finance companies, insurance premium finance agencies, insurers, credit card issuers, mortgage brokers, mortgage companies, mortgage insurance corporations, wholesale and retail merchants and factors. 5. The term "disability" means any physical medical or mental impairment that substantially limits a major life activity or any record of such an impairment or being regarded by others as having such an impairment. Examples of physical, medical or mental impairments include, but are not limited to such contagious and non-contagious diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; HIV disease (whether symptomatic or asymptomatic); tuberculosis; drug addiction; alcoholism; mental retardation; organic brain syndrome; emotional illness and specific learning disabilities. Provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held. 6. The term "discrimination" shall include segregation and separation. 7. The term "employee" in this article does not include any individual employed by his or her parents, spouse or child, or in the domestic service of any person. 8. The term "employer" does not include any employer with fewer than four persons in his or her employ. 9. The term "employment agency" includes any person undertaking to procure employees or opportunities to work. 10. The term "familial status", when used in this article, means: (a) any person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of eighteen years, or (b) one or more individuals (who have not attained the age of eighteen years) being domiciled with: (1) a parent or another person having legal custody of such individual or individuals, or (2) the designee of such parent. 11. The term “gender” shall include actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth. [NOTE: THIS LANGUAGE ADAPTED FROM NYC LOCAL LAW NO.3 OF 2002] 12. The term "genetic anomaly" shall mean any variation in an individual's DNA, which has been shown to confer a genetically influenced disease or predisposition to a genetically influenced disease or makes the individual a carrier of such variation. For this purpose The term "carrier" shall mean a carrier of a genetic anomaly being an individual who is at risk of having offspring with a genetically influenced disease but who has no predisposition of incurring that disease himself or herself. 13. The term "genetic predisposition" shall mean the presence of a variation in the composition of the genes of an individual which is scientifically or medically identifiable and which is determined to be associated with an increased statistical risk of being expressed as a physical or mental disease or disability in the individual but which has not resulted in any symptoms of such disease or disorder. 14. The term "genetic test" shall mean an assay employing DNA, constituent genes, or gene products to diagnose or predict the presence of a genetic anomaly that is linked to a physical or mental disease or disability in the individual or the individual's offspring, or susceptibility to or predisposition for a genetically influenced disease or disability. 15. The term "housing accommodation" includes any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings. 16. The term "labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with July 9, 2003 7 employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment. 17. "multiple dwelling" [reserved] 18. The term "national origin" shall, for the purposes of this article, include "ancestry." 19. The term "necessary party" means any person who has such an interest in the subject matter of a proceeding under this article, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding. 20. The term "parties to the proceeding" means the complainant, respondent, necessary parties and persons permitted to intervene as parties in a proceeding with respect to a complaint filed under this article. 19. The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. 20. The term "place of public accommodation, resort or amusement" shall include, except as hereinafter specified, all places included in the meaning of such terms as: inns, taverns, road houses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants, or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectionaries, soda fountains, and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises; wholesale and retail stores and establishments dealing with goods or services of any kind, dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries and all other cleaning establishments, barber shops, beauty parlors, theatres, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer camps, resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or tour advisory services, agencies or bureaus; public halls and public elevators of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants. Such term shall not include public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the supervision of the regents of the state of New York; any such public library, kindergarten, primary and secondary school, academy, college, university, professional school, extension course or other education facility, supported in whole or in part by public funds or by contributions solicited from the general public; or any institution, club or place of accommodation which proves that it is in its nature distinctly private. In no event shall an institution, club or place of accommodation be considered in its nature distinctly private if it has more than one hundred members, provides regular meal service and regularly receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of a nonmember for the furtherance of trade or business. An institution, club, or place of accommodation which is not deemed distinctly private pursuant to this subdivision may nevertheless apply such selective criteria as it chooses in the use of its facilities, in evaluating applicants for membership and in the conduct of its activities, so long as such selective criteria do not constitute discriminatory practices under this article or any other provision of law. For the purposes of this section, a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state or a religious corporation incorporated under the education law or the religious corporations law shall be deemed to be in its nature distinctly private. No institution, club, organization or place of accommodation which sponsors or conducts any amateur athletic contest or sparring exhibition and advertises or bills such contest or exhibition as a City of Ithaca championship contest or uses the words “City of Ithaca” in its announcements shall be deemed a private exhibition within the meaning of this section. 21. The term "publicly-assisted housing accommodations" shall include all housing accommodations within the City of Ithaca in (a) public housing, (b) housing operated by housing companies under the supervision of the New York State Commissioner of Housing, July 9, 2003 8 housing constructed after July first, nineteen hundred fifty, within the City of Ithaca (1) which is exempt in whole or in part from taxes levied by the state or any of its political subdivisions, (2) which is constructed on land sold below cost by the state or any of its political subdivisions or any agency thereof, pursuant to the federal housing act of nineteen hundred forty-nine, (3) which is constructed in whole or in part on property acquired or assembled by the state or any of its political subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction, or (4) for the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions or any agency thereof supplies funds or other financial assistance, (d) housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and (e) housing which is offered for sale by a person who owns or otherwise controls the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), if (1) the acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and guaranty or insurance, or (2) a commitment, issued by a government agency after July first, nineteen hundred fifty-five, is outstanding that acquisition of such housing accommodations may be financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof. 22. The term "real estate broker" means any person, firm or corporation who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of real estate. In the sale of lots pursuant to the provisions of article nine-a of the real property law, the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate. 23. The term "real estate salesperson" means a person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker. 24. The term "reasonable accommodation" means actions taken which permit an employee, prospective employee or member with a disability to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules; provided, however, that such actions do not July 9, 2003 9 impose an undue hardship on the business, program or enterprise of the entity from which action is requested. 25. The term "regulated creditor", when used in this article, means any creditor, as herein defined, which has received its charter, license, or organization certificate, as the case may be, from the New York State Banking Department or which is otherwise subject to the supervision of the New York State Banking Department. 26. The term "sexual orientation" means heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived. However, nothing contained herein shall be construed to protect conduct otherwise proscribed by law. 27. The term "superintendent", when used in this article, means the head of the New York State Banking Department appointed pursuant to section twelve of the Banking Law. 28. The term "unlawful discriminatory practice" includes only those practices specified in sections of this article. §215-3. Unlawful discriminatory practices. A. Employment. It shall be an unlawful discriminatory practice: (1) For an employer or licensing agency, to refuse to hire or employ or to bar or to discharge from employment an individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of such individual. (2) For an employment agency to discriminate against any individual because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of such individual, in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers. (3) For a labor organization to discriminate in any way against any of its members or against any employer or any individual employed by an employer or to exclude or expel from its membership any individual because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status or weight of such individual. (4) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this paragraph nor any provision of this article shall be construed to prohibit the Civil Service Commission or the City’s Human Resources Department from requesting information from applicants for civil service examinations concerning any of the aforementioned characteristics for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to insure the fairest possible and equal opportunities for employment in the City of Ithaca for all persons, regardless of actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight. Provided further, however, that nothing contained herein shall be construed to prevent the legitimate inquiry into an employee or prospective employee’s citizenship or immigration status for purposes of ascertaining their ability to be legally employed. (5) For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article. July 9, 2003 10 (6) Nothing in this subdivision shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age. (7) For an employer to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner. B. Employment and Reasonable Accommodations for Persons with Disabilities. (1) It shall be an unlawful discriminatory practice for an employer, licensing agency, employment agency or labor organization to refuse to provide reasonable accommodations to the known disabilities of an employee, prospective employee or member in connection with a job or occupation sought or held or participation in a training program. (2) Nothing contained in this subdivision shall be construed to require provision of accommodations which can be demonstrated to impose an undue hardship on the operation of an employer's, licensing agency's, employment agency's or labor organization's business, program or enterprise. In making such a demonstration with regard to undue hardship the factors to be considered include: (i) The overall size of the business, program or enterprise with respect to the number of employees, number and type of facilities, and size of budget; (ii) The type of operation which the business, program or enterprise is engaged in, including the composition and structure of the workforce; and (iii) The nature and cost of the accommodation needed. C. Age Discrimination; Illegal Conditions of Employment; and Retaliation Prohibited . It shall be an unlawful discriminatory practice: (1) For an employer or licensing agency to refuse to hire or employ or license or to bar or to terminate from employment an individual eighteen years of age or older, or to discriminate against such individual in promotion, compensation or in terms, conditions, or privileges of employment, because of such individual's age. (2) For any employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination on account of age respecting individuals eighteen years of age or older, or any intent to make any such limitation, specification, or discrimination. (3) For any employer, licensing agency or employment agency to discharge or otherwise discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article. (4) Notwithstanding any other provision of law, no employee shall be subject to termination or retirement from employment on the basis of age, except where age is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business, where the differentiation is based on reasonable factors other than age, or as otherwise specified in paragraphs (e) and (f) of this subdivision or in article fourteen-A of the retirement and social security law. (5) Nothing contained in this subdivision or in subdivision one of this section shall be construed to prevent the compulsory retirement of any employee who has attained sixty-five years of age, and who, for a two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit- sharing, savings, or deferred compensation plan, or any combination of such plans as set forth in Section 296(3-a)(e) of the New York Executive Law. (6) Nothing contained in this subdivision, in subdivision one of this section or in article fourteen-A of the retirement and social security law shall be construed to prevent the compulsory retirement of any employee who has attained seventy years of age and is serving under a contract for unlimited tenure, or a similar arrangement providing for unlimited tenure, at a nonpublic institution of higher education. For purposes of such subdivisions or article, the term "institution of higher education" means an educational institution which (i) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (ii) is lawfully authorized to provide a program of education beyond July 9, 2003 11 secondary education, and (iii) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree. (7) In the event of a conflict between the provisions of this subdivision and the provisions of article fourteen-A of the retirement and social security law, the provisions of article fourteen-A of such law shall be controlling. But nothing contained in this subdivision, or in any other subdivision of this section shall be construed to prevent the termination of the employment of any person who, even upon the provision of reasonable accommodations, is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of said subdivisions; nor shall anything in such subdivisions be deemed to preclude the varying of insurance coverages according to an employee's age. The provisions of this subdivision shall not affect any restriction upon the activities of persons licensed by the state liquor authority with respect to persons under twenty-one years of age. Religious Observances by Employees. (1) It shall be an unlawful discriminatory practice for any employer, or an employee or agent thereof, to impose upon a person as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfers, any terms or conditions that would require such person to violate or forego a sincerely held practice of his or her religion, including but not limited to the observance of any particular day or days or any portion thereof as a Sabbath or other holy day in accordance with the requirements of his or her religion, unless, after engaging in a bona fide effort, the employer demonstrates that it is unable to reasonably accommodate the employee's or prospective employee's sincerely held religious observance or practice without undue hardship on the conduct of the employer's business. Notwithstanding any other provision of law to the contrary, an employee shall not be entitled to premium wages or premium benefits for work performed during hours to which such premium wages or premium benefits would ordinarily be applicable, if the employee is working during such hours only as an accommodation to his or her sincerely held religious requirements. Nothing in this paragraph or paragraph (2) of this subdivision shall alter or abridge the rights granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee. (2) Except where it would cause an employer to incur an undue hardship, no person shall be required to remain at his or her place of employment during any day or days or portion thereof that, as a requirement of his or her religion, he or she observes as his or her Sabbath or other holy day, including a reasonable time prior and subsequent thereto for travel between his or her place of employment and his or her home, provided however, that any such absence from work shall, wherever practicable in the reasonable judgment of the employer, be made up by an equivalent amount of time and work at some other mutually convenient time, or shall be charged against any leave with pay ordinarily granted, other than sick leave, provided further, however, that any such absence not so made up or charged, may be treated by the employer of such person as leave taken without pay. (3) It shall be an unlawful discriminatory practice for an employer to refuse to permit an employee to utilize leave, as provided in paragraph (2) of this subdivision, solely because the leave will be used for absence from work to accommodate the employee's sincerely held religious observance or practice. (4) As used in this subdivision: (a) "undue hardship" shall mean an accommodation requiring significant expense or difficulty (including a significant interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system). Factors to be considered in determining whether the accommodation constitutes an undue economic hardship shall include, but not be limited to: (i) the identifiable cost of the accommodation, including the costs of loss of productivity and of retaining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer; (ii) the number of individuals who will need the particular accommodation to a sincerely held religious observance or practice; and July 9, 2003 12 (iii) for an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive. Provided, however, an accommodation shall be considered to constitute an undue hardship if it will result in the inability of an employee to perform the essential functions of the position in which he or she is employed. (b) "premium wages" shall include overtime pay and compensatory time off, and additional remuneration for night, weekend or holiday work, or for standby or irregular duty. (c) "premium benefit" shall mean an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, or an educational or pension benefit that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee. E. Apprenticeships. It shall be an unlawful discriminatory practice for an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs: (1) To select persons for an apprentice training program registered with the state of New York on any basis other than their qualifications, as determined by objective criteria which permit review; (2) To deny to or withhold from any person because of their actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight, the right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program; (3)To discriminate against any person in his or her pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs because of their actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight; (4) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination as to actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification. §215-4. Places of Public Accommodation, Resort, or Amusement. (A) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the actual or perceived: age; creed; color; disability; ethnicity; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sex; sexual orientation; socio-economic status; or weight of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight, or that the patronage or custom thereat of any person of or purporting to be of any particular actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight is unwelcome, objectionable or not acceptable, desired or solicited. July 9, 2003 13 (B) Nothing in this subdivision shall be construed to prevent the barring of any person, because of the gender of such person, from places of public accommodation, resort or amusement if Common Council grants an exemption based on bona fide considerations of public policy; nor shall this subdivision apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one gender. §215-5. Publicly Assisted Housing. It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of publicly-assisted housing accommodations or other person having the right of ownership or possession of or the right to rent or lease such accommodations: (A) To refuse to sell, rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the actual or perceived: age; creed; color; disability; familial status; ethnicity; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (B) To discriminate against any person because of his or her actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight in the terms, conditions or privileges of any publicly-assisted housing accommodations or in the furnishing of facilities or services in connection therewith. (C) To cause to be made any written or oral inquiry or record concerning the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of a person seeking to rent or lease any publicly-assisted housing accommodation. (D) (i) To refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the provisions of the New York State Fire Prevention and Building Code, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. (ii) To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling or (iii)In connection with the design and construction of covered multi-family dwellings for first occupancy after March thirteenth, nineteen hundred ninety- one, a failure to design and construct dwellings in accordance with the accessibility requirements of the New York State Fire Prevention and Building Code, to provide that: (a)The public use and common use portions of the dwellings are readily accessible to and usable by disabled persons with disabilities; (b)All the doors are designed in accordance with the New York State Fire Prevention and Building Code to allow passage into and within all premises and are sufficiently wide to allow passage by persons in wheelchairs; and (c) All premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space, in conformity with the New York state uniform fire prevention and building code. (E) Nothing in this subdivision shall restrict the consideration of age in the rental of publicly-assisted housing accommodations if Common Council grants an exemption based on bona fide considerations of public policy for the purpose of providing for the special needs of a particular age group without the intent of prejudicing other age groups. July 9, 2003 14 (F) Nothing in this subdivision shall be deemed to restrict the rental of rooms in school or college dormitories to individuals of the same sex. §215-6. Education. It shall be an unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be nonsectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law to deny the use of its facilities to any person otherwise qualified, by reason of his or her actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight. §215-7. Real Estate Transactions. (A) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other facilities. (B) It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof: (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available. (2) To discriminate against any person because of actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith. (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight, or any intent to make any such limitation, specification or discrimination. The provisions of this paragraph (B) shall not apply (1) to the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner resides in one of such housing accommodations, (2) to the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex or (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation or (4) solely with respect to age and familial status to the restriction of the sale, rental or lease of housing accommodations exclusively to July 9, 2003 15 persons sixty- two years of age or older and the spouse of any such person, or for housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (C) It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space: (1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons land or commercial space because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available; (2) To discriminate against any person because of actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space; or in the furnishing of facilities or services in connection therewith; (3) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight; or any intent to make any such limitation, specification or discrimination. (4) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of land to be used for the construction, or location of housing accommodations exclusively for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (D) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof: (1) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person or group of persons because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of such person or persons. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or July 9, 2003 16 indirectly, any limitation, specification, or discrimination as to actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight; or any intent to make any such limitation, specification or discrimination. (3) With respect to age and familial status, the provisions of this paragraph shall not apply to the restriction of the sale, rental or lease of any land or commercial space exclusively to persons fifty-five years of age or older and the spouse of any such person, or to the restriction of the sale, rental or lease of any housing accommodation or land to be used for the construction or location of housing accommodations for persons sixty-two years of age or older, or intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing is intended and operated for occupancy by persons fifty-five years of age or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall apply. (E) It shall be an unlawful discriminatory practice for any real estate board, because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership, or to discriminate against such individual in the terms, conditions and privileges of membership in such board. (F) It shall be an unlawful discriminatory practice for the owner, proprietor or managing agent of, or other person having the right to provide care and services in, a private proprietary nursing home, convalescent home, or home for adults, or an intermediate care facility, as defined in section two of the social services law, heretofore constructed, or to be constructed, or any agent or employee thereof, to refuse to provide services and care in such home or facility to any individual or to discriminate against any individual in the terms, conditions, and privileges of such services and care solely because such individual is blind. For purposes of this paragraph, a "person who is blind" shall mean a person who is registered as such with the commission for the visually handicapped and who meets the definition of a "blind person" pursuant to section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen entitled "An act to establish a state commission for improving the condition of the blind of the state of New York, and making an appropriation therefor". (G) The provisions of this subdivision, as they relate to age, shall not apply to persons under the age of eighteen years. §215-8. Fire Departments; Fire Companies and Volunteer Fire Associations. It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members there-of, officers, board of fire commissioners or other body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or by-law prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire department or fire company therein, based on the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight of such individual. §215-9: Unlawful discriminatory practices in relation to credit. 1. It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof: a. In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, land or commercial space to discriminate against any such applicant because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of such applicant or applicants or any member, stockholder, director, officer or employee of such applicant or applicants, or of July 9, 2003 17 the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such credit; b. To discriminate in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight; c. To use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight; d. To make any inquiry of an applicant concerning his or her capacity to reproduce, or his or her use or advocacy of any form of birth control or family planning; e. To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight; f. To discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse. This paragraph shall not apply to any situation where the use of a surname would constitute or result in a criminal act. 2. Without limiting the generality of subdivision one, it shall be considered discriminatory if, because of an applicant's or class of applicants' actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio- economic status; or weight; (i) an applicant or class of applicants is denied credit in circumstances where other applicants of like overall credit worthiness are granted credit, or (ii) special requirements or conditions, such as requiring co-obligors or reapplication upon marriage, are imposed upon an applicant or class of applicants in circumstances where similar requirements or conditions are not imposed upon other applicants of like overall credit worthiness. 3. a. It shall not be considered discriminatory if credit differentiations or decisions are based upon factually supportable, objective differences in applicants' overall credit worthiness, which may include reference to such factors as current income, assets and prior credit history of such applicants, as well as reference to any other relevant factually supportable data; provided, however, that no creditor shall consider, in evaluating the credit worthiness of an applicant, aggregate statistics or assumptions relating to actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight, or to the likelihood of any group of persons bearing or rearing children, or for that reason receiving diminished or interrupted income in the future. b. It shall not be an unlawful discriminatory practice to consider age in determining credit worthiness when age has a demonstrable and statistically sound relationship to a determination of credit worthiness. 4. a. If so requested by an applicant for credit, a creditor shall furnish such applicant with a statement of the specific reasons for rejection of the applicant's application for credit. b. If so requested in writing by an individual who is or was married, a creditor or credit reporting bureau shall maintain in its records a separate credit history for any such individual. Such separate history shall include all obligations as to which such bureau has notice with respect to which any such person is or was individually or jointly liable. 5. No provision of this section providing spouses the right to separately apply for credit, borrow money, or have separate credit histories maintained shall limit or foreclose the right of creditors, under any other provision of law, to hold one spouse legally liable for debts incurred by the other. 6. Any person claiming to be aggrieved by an unlawful discriminatory practice engaged in by a regulated creditor, in lieu of the procedure set forth in section two hundred July 9, 2003 18 ninety-seven of the New York Executive Law, may file a verified complaint with the Superintendent of the New York State Banking Department provided, however, that the filing of a complaint with either the Superintendent or the New York State Division of Human Rights shall bar subsequent recourse to any local commission on human rights, with respect to the grievance complained of. 7. The provisions of this section, as they relate to age, shall not apply to persons under the age of eighteen years. §215-10. Additional Discriminatory Practices Prohibited. (A) Trading. It shall be an unlawful discriminatory practice (i) for any person to discriminate against, boycott or blacklist, or to refuse to buy from, sell to or trade with, any person, because of the actual or perceived: age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socio-economic status; or weight of such person, or of such person's partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers or customers, or (ii) for any person willfully to do any act or refrain from doing any act which enables any such person to take such action. This subdivision shall not apply to: (a) Boycotts connected with labor disputes; or (b) Boycotts to protest unlawful discriminatory practices. (B) It shall be an unlawful discriminatory practice for any person engaged in any activity covered by this section to discriminate against a blind person, a hearing impaired person who has a hearing impairment manifested by a speech discrimination score of forty percent or less in the better ear with appropriate correction as certified by a licensed audiologist or otolaryngologist as defined in section seven hundred eighty- nine of the general business law or a physician who has examined such person pursuant to the provisions of article thirty-seven-A of such law or a person with a disability on the basis of his or her use of a guide dog, hearing dog ,service dog or other animal used for that purpose. (C). Convictions. It shall be an unlawful discriminatory practice for any person, agency, bureau, corporation or association, to deny any license or employment to any individual by reason of his or her having been convicted of one or more criminal offenses, or by reason of a finding of a lack of "good moral character" which is based upon his or her having been convicted of one or more criminal offenses, when such denial is in violation of the provisions of article twenty-three-A of the correction law. (D). Inquiries into Previous Arrests or Criminal Proceedings terminated in Favor of Accused. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, however, that the provisions hereof shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty- three and thirty-four of section 1.20 of the Criminal Procedure Law. Nothing in this section shall prohibit the offer and acceptance of a discount to a person sixty-five years of age or older for housing accommodations. (E) Disability Related Modifications to Rental Housing. It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right of ownership of or possession of or the right to rent or lease housing accommodations: (1) To refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by the said person, if the modifications may be necessary to afford the said person full enjoyment of the premises, in conformity with the provisions of the New York state uniform fire prevention and building code except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to July 9, 2003 19 restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. (2) To refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford said person with a disability equal opportunity to use and enjoy a dwelling or (3) In connection with the design and construction of covered multi-family dwellings for first occupancy after March thirteenth, nineteen hundred ninety- one, a failure to design and construct dwellings in accordance with the accessibility requirements for multi- family dwellings found in the New York State Fire Prevention and Building Code to provide that: (i) The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities; (ii) All the doors are designed in accordance with the New York State Fire Prevention and Building Code to allow passage into and within all premises and are sufficiently wide to allow passage by persons in wheelchairs; and (iii) All premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space, in conformity with the New York state uniform fire prevention and building code. (G). Genetic Testing. (a) Except as provided in paragraph (b) of this subdivision, it shall be an unlawful discriminatory practice of any employer, labor organization, employment agency, licensing agency, or its employees, agents, or members: (1) to directly or indirectly solicit, require, or administer a genetic test to a person as a condition of employment, pre-employment application, labor organization membership, or licensure; or (2) to buy or otherwise acquire the results or interpretation of an individual's genetic test results or to make an agreement with an individual to take a genetic test or provide genetic test results. (b) An employer may require a specified genetic test as a condition of employment where such a test is shown to be directly related to the occupational environment, such that the employee or applicant with a particular genetic anomaly might be at an increased risk of disease as a result of working in said environment. (c) Nothing in this section shall prohibit the genetic testing of an employee who requests a genetic test and who provides written and informed consent to taking a genetic test for any of the following purposes: (1) pursuant to a workers' compensation claim; (2) pursuant to civil litigation; or (3) to determine the employee's susceptibility to potentially carcinogenic, toxic, or otherwise hazardous chemicals or substances found in the workplace environment only if the employer does not terminate the employee or take any other action that adversely affects any term, condition or privilege of employment pursuant to the genetic test results. (d) If an employee consents to genetic testing for any of the aforementioned allowable reasons, he or she must be given and sign an authorization of consent form which explicitly states the specific purpose, uses and limitations of the genetic tests and the specific traits or characteristics to be tested. Nothing in this section shall prohibit the offer and acceptance of a discount for housing accommodations to a person with a disability, as defined in subdivision five of section two of this article. §215-11. Exceptions for Religious, Charitable and Educational Institutions. Nothing contained in this section shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained. Provided July 9, 2003 20 however, that this exception shall not apply to any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization if the same receives any form of financial assistance from the City of Ithaca. §215-12. Exceptions for Affirmative Action Programs. Notwithstanding the provisions of this Article it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor-management committee to carry out a plan, approved by the New York State Division of Human Rights, to increase the employment of members of a minority group (as may be defined pursuant to the regulations of the Division) which has a state-wide unemployment rate that is disproportionately high in comparison with the state-wide unemployment rate of the general population. Any plan approved under this subdivision shall be in writing and the Division's approval thereof shall be for a limited period and may be rescinded at any time by the Division. §215-13: Retaliation Prohibited. A. It shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article, or to attempt to do so. B. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this article applies to retaliate or discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article. §215-14: Enforcement; penalties for offenses. Any individual who is aggrieved by any of the unlawful discrimnatory practices forbidden in this article has may have a cause of action against the violator for money damages and any other remedy available at law. Any individual who violates any provisions of this article shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment of not more than 15 days, or both such fine and imprisonment. Complaints and investigations. Any individual or group aggrieved and alleging discrimination may lodge a complaint with the Tompkins County Human Rights Commission, the New York State Division of Human Rights, the Equal Employment Opportunity Commission, and the United States Department of Housing and Urban Development. The Tompkins County Human Rights Commission will investigate any alleged violation of the provisions of the New York State Human Rights Law. Section 2: SEVERABILITY. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3: EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Alderperson Pryor explained the history of the revisions to the Ordinance. She thanked Larry Roberts and the Disability Advisory Council for their work on the Ordinance concerning disabilities, and she thanked Frances Biliteer for her work on the Ordinance as well. Extensive discussion followed on the floor regarding changes that the Tompkins County Human Rights Commission (TCHRC) requested, and how those changes/recommendations have been incorporated into the Ordinance. Further discussion followed on TCHRC’s recommendation of turning enforcement of the Ordinance over to them. Assistant City Attorney Dunn explained that a municipality is not allowed to delegate its authority to another municipality for enforcement. July 9, 2003 21 Motion to Refer Back to Committee: By Alderperson Whitmore: Seconded by Alderperson Sams RESOLVED, That the revised Human Rights Ordinance be referred back to committee for further discussion and clarification to include recommedations from the Tompkins County Human Rights Commission. Discussion followed on the floor regarding what changes/recommendations have already been incorporated into the ordinance. Alderperson Pryor sated that the Commission had the opportunity to review the final draft of the Ordinance and to make further comments. Mayor Cohen stated that he received a phone call from Washington today offering their support of the Ordinance. He urged Council to adopt the Ordinance as is, and to discuss proposed amendments in committee. A vote on referring this item back to committee resulted as follows: Ayes (4) Sams, Whitmore, Blumenthal, Peterson Nays (6) Pryor, Manos, Vaughan, Mack, Hershey, Cogan Failed Main Motion: A vote on the Main Motion resulted as follows: Carried Unanimously RECESS On a motion Common Council recessed at 10:30 p.m. REGULAR SESSION Common Council reconvened into regular session at 10:45 p.m. University Hill Historic District - Local Designation - Resolution By Alderperson Peterson: Seconded by Alderperson Whitmore WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Commission may designate landmarks and districts of historic and cultural significance, and WHEREAS, on May 6, 2003, the Commission conducted a special public hearing for the purpose of considering a proposal to designate as a local historic district, University Hill Phase I, and WHEREAS, on June 2, 2003, the Commission conducted a second public hearing to give further consideration to the proposal to designate as a local historic district, University Hill, Phase I, and WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality Review Act and an Unlisted Action under the City Environmental Quality Review Ordinance and after conducting appropriate environmental review the Ithaca Landmarks Preservation Commission, acting as Lead Agency, has determined that the proposal will not have a significant environmental impact, and WHEREAS, the Commission found that the proposal meets criteria under the Landmarks Preservation Ordinance and on June 2, 3003, voted to designate the University Hill Local Historic District I, and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said designation, approve, disapprove or refer back to the Commission for modification, and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board shall file a report with the Council with respect to the relation of such designation to the master plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved, and July 9, 2003 22 WHEREAS, a copy of the Planning Board's report and recommendation for approval of the designation, adopted by resolution at the meeting held on June 24, 2003, has been reviewed by the Common Council, now, therefore, be it RESOLVED, That the Ithaca Common Council finds that the designation is compatible with, and will not conflict with the master plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved, and be it further RESOLVED, That the University Hill Historic District meets the definition of a local historic district as set forth in the Municipal Code, as follows: An area which contains improvements which: A. Have special character or special historical or aesthetical interest or value; B. Represent one or more periods or styles of architecture typical of one or more eras in the history of the city; and C. Cause such area, by reason of such factors, to constitute a visibly perceptible section of the city and be it further RESOLVED, That the Ithaca Common Council approves the designation of the University Hill Historic District as described in the Proposal for the University Hill I Historic District, dated April 18, 2003, and updated July 3, 2003 as shown on the map included in the report as a Local Historic District. Discussion followed on the floor with the following people making brief presentations regarding the historic district: Kathleen Foley – Ithaca Landmarks Preservation Commission Representative, described the process that the Commission used in recommending this area for historic designation. Janet Shore, Consultant hired by the City to review the area and to make recommendation to the City, discussed her work defining boundaries, researching the area and researching the historical resources within district. Gary Stewart, Cornell University Representative expressed concerns regarding the district boundaries, and requested that this item be referred back to committee so that the University’s concerns could be addressed. Extensive discussion followed on the floor regarding the process followed, and the uniqueness of the areas and properties located within district. Alderperson Vaughan commended the professional staff for their work and noted that the research was very interesting. She stated that she supports the designation of University Avenue as historical, but does not support the inclusion of the Llenroc and Stewart Avenue properties. Amending Resolution: By Alderperson Blumenthal: Seconded by Alderperson Sams RESOLVED, That the following Whereas Clauses be added to the resolution after the last whereas clause: “WHEREAS, the Common Council has heard some objections about the inclusion of Llenroc Court and Stewart Avenue in the University Hill Historic District boundary and WHEREAS, other parties, including Historic Ithaca, have offered testimony about the importance and value of including these buildings and streets, and WHEREAS, most of the buildings on Llenroc Court and Stewart Avenue are historically and architecturally significant and retain a high level of architectural integrity, as documented by the ILPC’s consultant who is highly qualified to render judgment, and July 9, 2003 23 WHEREAS, the buildings on Llenroc Court and Stewart Avenue contribute to and support the significance and integrity of the district, and meet criteria for inclusion in the designation of the University Hill Historic District, now therefore be it” Ayes (5) Blumenthal, Whitmore, Sams, Cogan, Peterson Nays (5) Vaughan, Hershey, Mack, Pryor, Manos Mayor Cohen voted “nay” to break the tie Motion Failed Mayor Cohen stated that he supports the creation of the historic district, however, he is concerned about the significance of Llenroc Court and houses on Stewart Avenue. He also voiced concern regarding the intent of the ILPC to add more area to the district once this area is designated. He voiced his support for delaying the vote on this Resolution until the Supreme Court ruling has been rendered on the parking lot. Call to Question: By Alderperson Whitmore: Seconded by Alderperson Peterson RESOLVED, That the Question be called. Ayes (8) Cogan, Peterson, Mack, Vaughan, Blumenthal, Sams, Whitmore, Pryor Nays (2) Manos, Hershey Carried Main Motion: A vote on the Main Motion resulted as follows: Ayes (9) Cogan, Hershey, Manos, Mack, Blumenthal, Sams, Whitmore, Peterson, Pryor Nays (1) Vaughan Carried Common Council Order to Call for a Public Hearing for the Establishment and Adoption of a Benefit Assessment District (District) for Local Vehicular Traffic Improvements in the Southwest Area of the City of Ithaca, Wednesday, July 9, 2003 - Resolution By Alderperson Pryor: Seconded by Alderperson Mack WHEREAS, in 2001, Common Council enacted "A Local Law Providing the Establishment of a Benefit Assessment District for Local Vehicular Traffic Improvements in the Southwest Area of the City for the Safe and Efficient Flow of Vehicular Traffic within the Southwest Area", and WHEREAS, a map, plan, and report entitled "City of Ithaca Proposed Benefit Assessment District for the Southwest Area Report” has been prepared and is attached hereto as “Exhibit A” and is in the City Clerk's office where same are available for public inspection, and WHEREAS, the proposed Benefit Assessment District (District) encompasses the properties in the Southwest Study Area, and the commercially zoned properties on the east side of South Meadow Street south of Clinton Street to Elmira Road, commercially zoned properties on Old Elmira Road, and commercially zoned properties on the southeast side of Elmira Road to the City/Town line as shown on the aforesaid map and report, and WHEREAS, the improvements proposed in the District are the widening of Route 13 to five lanes at the intersection of Old Elmira Road and Meadow Street and at the intersection of Route 13 with West Clinton Street, Fulton Street, Cecil A Malone Drive and South Titus Avenue, including one additional lane on the Six Mile Creek Bridge, and WHEREAS, the total estimated project cost is proposed to be established at $5,500,000 for the widening of Route 13 to five lanes, and Deleted: July 9, 2003 24 WHEREAS, the Common Council established Capital Project #450, entitled Southwest Improvements Route 13 Widening and Taughannock Boulevard Extension in the amount of $9,280,250 to make street and road improvements to Route 13 and to construct a new road currently referred to as the Taughannock Boulevard Extension, and WHEREAS, the apportionment of costs associated with the vehicular traffic improvements identified in the Southwest Area Generic Environmental Impact Statement (GEIS), resulting from the total future p.m. peak hour trip allocation, yields 64.7% to be assessed upon all the properties benefited (existing and future developments), and 35.3% of the cost is to be borne by the City at large (non-local pass-through trips), and WHEREAS, the benefit assessment roll shall be established annually, based on the square footage of commercial buildings and the assessed value of properties in the District, as provided by the Tompkins County Division of Assessment. The annual July 1 final assessment roll data shall be used to calculate said assessments. If the District Boundary runs through a building, the entire square footage of the building will be included in the benefit assessment formula, and WHEREAS, the capital improvements to be undertaken within the District shall be financed through the issuance of Bond Anticipation Notes or Serial Bonds, and WHEREAS, at 7:00 p.m. on August 6, 2003, Common Council will meet and hold a public hearing to hear all persons interested in the subject of the District, and WHEREAS, a copy of this order and a notice of public hearing will be published at least once in The Ithaca Journal not less than ten nor more than twenty days before the day of the public hearing, and WHEREAS, a copy of this order and the notice of public hearing will be served upon each owner of real property within the proposed District, as shown upon the most recently completed assessment roll of the City, not less than ten nor more than twenty days before the day of the public hearing, now, therefore be it RESOLVED, That Common Council adopts this order and enters the same in the minutes of these proceedings. Mayor Cohen announced that Alderpersons Vaughan and Manos would be recusing themselves from the discussion and vote on this item because Alderperson Vaughan owns property in the area and Alderperson Manos’ husband owns property in the area. Alderperson Vaughan left the meeting at 11:30 p.m. Director of Planning & Development VanCort distributed an updated report. He stated that the estimated cost of the project should be changed from $5,000,000 to $5,500,000. Discussion followed on the floor regarding whether this change had been tracked on the spreadsheet. RECESS: Common Council recessed the meeting at 11:40 p.m. RECONVENE: Common Council reconvened into regular session at 11:50 p.m. Extensive discussion followed on the floor regarding the district, alternative funding possibilities and whether the legal descriptions of the boundaries of the properties had been confirmed. July 9, 2003 25 Assistant City Attorney Dunn explained that she has reviewed the boundary descriptions and has only discovered minor typographical errors. These corrections will be made before the public hearing scheduled for August 6, 2003. Mayor Cohen explained that he spoke with Mr. Rothman, Bond Counsel for the City, regarding whether or not it was legal for the City to complete this work, as Route 13 is a State arterial. The NYS Department of Transportation has been contacted, and they have the authority to delegate another entity to complete the work by issuance of a work permit. Mayor Cohen stated that he has not been able to contact Senator Kuhl regarding possible alternative funding for the project. If additional funds were secured, the cost of project would be decreased by the appropriate amount. He further reminded Council that these projects have already been authorized. Alderperson Cogan stated that he does not believe that the cost of these projects should be borne by the City taxpayers, and that the State should be funding these projects. Alderperson Pryor explained that the City attempted to secure State funding, but due to the State’s financial constraints they do not view this project as a high priority. Alderperson Blumenthal stated that the Capital Project process and the process for Common Council authorization of these projects, needs improvement. Alderperson Sams clarified for the record that not all Common Council members voted in favor of the Six Point project, and she voted in opposition to that Resolution. A vote on the Resolution resulted as follows: Ayes (8) Blumenthal, Mack, Cogan, Whitmore, Peterson, Hershey, Sams, Pryor Nays (0) Recusals (2) Vaughan, Manos Carried Alderpersons Sams and Mack left the meeting at 12:30 a.m. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 2003 Open Round Economic Development Small Cities CDBG Application - Cascade Plaza, LLC - Resolution By Alderperson Manos: Seconded by Alderperson Whitmore WHEREAS, on January 6, 2003 the Governor’s Office for Small Cities announced the availability of funding for the Economic Development (ED) Open Round for FY 2003 of the New York State administered Small Cities Community Development Block Grant (CDBG) Program, and WHEREAS, under the ED Open Round eligible communities can apply for up to $750,000 of funding per year to assist economic development projects in addition to an annual round Small Cities CDBG application, and WHEREAS, the IURA has been working for over three years to facilitate a downtown hotel as one of several catalyst projects to strengthen the downtown economy, and WHEREAS, the City of Ithaca’s approved FY 2000 Small Cities CDBG application included $275,000 of loan assistance to N & J Enterprises, LLC, the developer of a proposed $8 million downtown hotel, and WHEREAS, N & J Enterprises, LLC was unable to secure adequate financing to complete the project, and WHEREAS, no CDBG loan funds have been disbursed to N & J Enterprises, LLC, and July 9, 2003 26 WHEREAS, Cascade Plaza, LLC has been formed to undertake the downtown hotel project, and WHEREAS, ownership of Cascade Plaza, LLC consists of 70% interest owned collectively by Frank L. Ciminelli, Paul F. Ciminelli and John A. Ciminelli, and 30% interest owned by N & J Enterprises, Inc., and WHEREAS, Cascade Plaza, LLC proposes to construct an approximately $12 million, 104-room, Hilton Garden Inn hotel at 122, 126 and 134 East Seneca Street as part of a 9-story, 175,000 square foot mixed-use development, and WHEREAS, the project is projected to create 64.5 FTE employment opportunities, and WHEREAS, Cascade Plaza, LLC agrees to commit equity equal to approximately 24% of the project cost, and WHEREAS, the project faces a financial feasibility gap due to the cost of development and construction of the hotel as part of a mixed-use project located in a dense urban setting and the expense of relocation assistance to displaced businesses, and WHEREAS, the Governor’s Office For Small Cities invited the City of Ithaca to submit a Preliminary Evaluation Questionnaire (PEQ) describing the project and the proposed loan terms to assist the project, and WHEREAS, the PEQ was submitted on June 5, 2003 seeking $465,000 of additional assistance that is proposed to be loaned to Cascade Plaza, LLC for the downtown Hilton Garden Inn project, and WHEREAS, on July 3, 2003 the Governor’s Office for Small Cities invited the City of Ithaca to submit a formal ED Open Round Small Cities CDBG application, and WHEREAS, a formal CDBG Economic Development application requires a public hearing and City of Ithaca Common Council approval, and WHEREAS, Ithaca Urban Renewal Agency recommends that the Common Council authorize submission of a FY 2003 Open Round Economic Development Community Development Block Grant application for the downtown Hilton Garden Inn, a component of the Cornell/Ciminelli Downtown Mixed-Use Project, and WHEREAS, an environmental review was completed for the Downtown Development Project on February 18, 2003, which included the proposed Cornell/Ciminelli Downtown Mixed Use project, and WHEREAS, a public hearing on the proposed application was held on July 9, 2003; now, therefore, be it RESOLVED, That the Common Council hereby authorizes and directs the IURA to submit a $465,000 FY 2003 Open Round Economic Development Small Cities CDBG application to provide loan assistance to Cascade Plaza LLC to develop the downtown Hilton Garden Inn project, and, be it further RESOLVED, That the Common Council authorizes the IURA to administer and implement all CDBG activities in accordance with applicable regulations, including, but not limited to, Title 24, Section 570 of the Code of Federal Regulations, and, be it further RESOLVED, That the Mayor, upon the advise of the Legal Counsel and the Executive Director of the IURA, is hereby authorized to execute any and all documents for the submission of this application, acceptance of funding, and implementation of the program. Carried Unanimously July 9, 2003 27 BUDGET & ADMINISTRATION COMMITEE: Finance/Controller – Non-election of Temporary Clothing/Footwear Sales Tax Exemption (2003-2004) and No Permanent Exemption Effective June 1, 2004 - Resolution By Alderperson Manos: Seconded by Alderperson Whitmore BE IT ENACTED by the Common Council of the City of Ithaca, as follows: SECTION 1. Section six of the June 25, 1969 Resolution, as amended, is amended by adding a new subdivision (i) to read as follows: (i) Receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from state sales and compensating use taxes pursuant to paragraph (30) of subdivision (a) of section 1115 of the New York Tax Law during the periods commencing August 26, 2003, and ending September 1, 2003, and commencing January 26, 2004, and ending February 1, 2004, shall not be exempt from sales and compensating use taxes imposed by this resolution. SECTION 2. This resolution shall take effect June 1, 2003, and shall apply in accordance with the applicable transitional provisions of Article 29 of the New York Tax Law; provided that this resolution and subdivision (i), of section 6 of the June 25, 1969 Resolution, as added by section one of this resolution, shall expire May 31, 2004, and be deemed repealed. Carried Unanimously Bond Resolution By Alderperson Manos: Seconded by Alderperson Pryor BOND RESOLUTION DATED JULY 9, 2003. A RESOLUTION AUTHORIZING THE ISSUANCE OF $6,278,668 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, be it RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific objects or purposes or classes of objects or purposes of paying the costs of the following capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $6,278,668 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such improvements in accordance with the maximum estimated cost of each. Such improvements are as follows: a) To pay additional costs of the reconstruction of improvements to the Commons and peripheral streets, including incidental expenses in connection therewith, at a maximum estimated cost of $486,221 (including the $250,000 serial bonds authorized by bond resolution dated December 6, 2000); revised maximum estimated cost of this class of objects or purposes is now $486,221; amount of serial bonds authorized by this bond resolution, $236,221. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 80 of paragraph a of Section 11.00 of the Local Finance Law; and July 9, 2003 28 b) To pay additional costs of conceptual design and a hydrology and engineering study for the Cayuga Green Development Project, including incidental expenses in connection therewith, at a maximum estimated cost of $1,195,000 (including the $500,000 serial bonds previously authorized by bond resolution dated July 24, 2002, $45,000 serial bonds previously authorized by bond resolution dated December 19, 2001 and $250,000 serial bonds previously authorized by bond resolution dated December 4, 2002); revised maximum estimated cost of this specific object or purpose is now $1,195,000; amount of serial bonds issued hereby is $400,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law; and c) To pay additional costs of the reconstruction of Clinton and Cayuga Street intersection, including incidental expenses in connection therewith, at a maximum estimated cost of $167,000 (including the $66,000 serial bonds authorized by bond resolution dated December 4, 2002); revised maximum estimated cost of this class of objects or purposes is now $167,000; amount of serial bonds authorized by this bond resolution, $101,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; and d) To pay the cost of the construction of the Cass Park Waterfront Trial, (Phase II), including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $677,724; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law; e) To pay the cost of partial reconstruction of the City's Water Treatment Plant, to upgrade the phosphorus removal system thereat, including the purchase and installation of equipment and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $2,351,723; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; f) To pay additional costs of the design and rehabilitation of the Stewart Avenue Bridge over Fall Creek, including incidental expenses in connection therewith, at a maximum estimated cost of $2,140,000 (including the $211,000 serial bonds authorized by bond resolution dated July 24, 2002 for design); revised maximum estimated cost of this class of objects or purposes is now $2,140,000; amount of serial bonds authorized by this bond resolution, $1,930,000; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law and that Section 1(b) of bond resolution dated July 24, 2002 is amended accordingly; and g) To pay additional costs of City traffic light upgrades, including incidental expenses in connection therewith, at a maximum estimated cost of $712,000 (including the $130,000 serial bonds authorized by bond resolution dated August 2, 2000); revised maximum estimated cost of this class of July 9, 2003 29 objects or purposes is now $712,000; amount of serial bonds authorized by this bond resolution, $582,000; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law; and Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes and classes of objects or purposes is $6,278,668, and the plan for the financing thereof is by the issuance of the serial bonds authorized by Section 1 hereof, allocated to each specific object or purpose or class of objects or purposes in accordance with the maximum estimated cost of each set forth in Section 1 hereof. Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 5. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the City Controller. Such notes shall be of such terms, form and contents as may be prescribed by said City Controller consistent with the provisions of the Local Finance Law. Section 8. The City Controller is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments July 9, 2003 30 thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note issue of said City in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The intent of this resolution is to give the City Controller sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this Common Council. Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2 The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. July 9, 2003 31 A Roll Call Vote Resulted As Follows: Alderperson Blumenthal Aye Alderperson Cogan Aye Alderperson Hershey Aye Alderperson Peterson Aye Alderperson Whitmore Aye Alderperson Pryor Aye Alderperson Manos Aye Alderperson Mack Absent from vote Alderperson Sams Absent from vote Alderperson Vaughan Absent from vote Carried Unanimously NEW BUSINESS: Motion to Enter into Executive Session to Discuss Land Acquisition and a Personnel Item Relating to the Youth Bureau By Alderperson Whitmore: Seconded by Alderperson Pryor RESOLVED. That Common Council adjourn into Executive Session to discuss land acquisition and an item relating to the Youth Bureau. Carried Unanimously RECONVENE Common Council reconvened into Regular Session with no formal action taken. Youth Bureau - Resolution By Alderperson Pryor: Seconded by Alderperson Whitmore WHEREAS, The Youth Bureau has operated without a permanent Director and Deputy Director for more than two years, and WHEREAS, The current Acting Director and staff have devoted a significant amount of time determining the most appropriate structure for the Youth Bureau to move forward in very challenging times, and WHEREAS, the Deputy Director position was unfunded for the 2003 budget year, and WHEREAS, the size and budget complexity of the Youth Bureau has proven to support the structure including a Deputy Director position; now, therefore be it RESOLVED, That Common Council hereby authorizes the amendment of the Youth Bureau 2003 personnel roster as follows: Add: One (1) Deputy Director Position and, be it further RESOLVED, That Common Council’s authorization to amend the Youth Bureau personnel roster to add one Deputy Director position is contingent upon said addition being budget neutral. Carried Unanimously 16. APPROVAL OF MINUTES: 16.1 Approval of June 4, 2003 Common Council Regular Meeting Minutes By Alderperson Cogan: Seconded by Alderperson Blumenthal RESOLVED, That the June 4, 2003 Common Council Regular Meeting Minutes be approved with corrections noted by Alderperson Blumenthal. Carried Unanimously 16.2 Approval of June 18, 2003 Special Meeting of Common Council Minutes By Alderperson Cogan: Seconded by Alderperson Blumenthal RESOLVED, That the June 18, 2003 Special Meeting of Common Council Minutes be approved as published. July 9, 2003 32 Carried Unanimously Alderperson Blumenthal left the meeting at 1:20 a.m. 17. MAYOR’S APPOINTMENTS: Board of Fire Commissioners: By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Jana Taylor be reappointed to the Board of Fire Commissioners with a term to expire on June 30, 2006, and, be it further RESOLVED, That Robert Romanowski be reappointed to the Board of Fire Commissioners with a term to expire on June 30, 2006. Carried Unanimously Natural Areas Commission: By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Robert Wesley be appointed to the Natural Areas Commission to fill a vacancy with a term to expire on December 31, 2004. Carried Unanimously Board of Public Works: By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Ron Chapman be appointed to the Board of Public works to replace Mary Gutenberger with a term to expire on December 31, 2005. Carried Unanimously Commons Advisory Board: By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Julie Conley Holcomb be reappointed to the Commons Advisory Board with a term to expire on December 31, 2003, and, be it further RESOLVED, That Andrew Correll be appointed to the Commons Advisory Board to replace Andrew Gillis with a term to expire on December 31, 2003, and, be it further RESOLVED, That Tim Cullenen be appointed to the Commons Advisory Board to replace Joseph Wetmore with a term to expire on December 31, 2004, and, be it further RESOLVED, That Joseph Gaylord be appointed to the Commons Advisory Board to fill a vacancy with a term to expire on December 31, 2004, and, be it further RESOLVED, That Neil Bettez be appointed to the Commons Advisory Board to fill a vacancy with a term to expire on December 31, 2004. Carried Unanimously Disability Advisory Committee: By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Larry Roberts be reappointed to the Disability Advisory Committee with a term to expire on June 30, 2006, and, be it further RESOLVED, That Lauren Signer be reappointed to the Disability Advisory Committee with a term to expire on June 30, 2005. Carried Unanimously Examining Board of Electricians: By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Richard Srnka be reappointed to the Examining Board of Electricians with a term to expire on December 31, 2003. Carried Unanimously Public Art and Design Commission: By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Sally Grubb be reappointed to the Public Art and Design Commission with a term to expire on June 30, 2006, and, be it further July 9, 2003 33 RESOLVED, That Barbara Mink be reappointed to the Public Art and Design Commission with a term to expire on June 30, 2006. Carried Unanimously Youth Bureau Board: By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Barton Smith be appointed to the Youth Board to fill a vacancy with a term to expire on December 31, 2003. Carried Unanimously COMMUNICATIONS FROM THE MAYOR: Mayor Cohen announced that he would be removing himself as a voting member from all Common Council standing committees, and will act in a non-voting, ex-officio capacity at the meetings until the end of his term. ADJOURNMENT: On a motion the meeting adjourned at 1:25 a.m. ________________________ _______________________ Sarah L. Myers, Alan J. Cohen, Information Management Specialist Mayor