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HomeMy WebLinkAbout08-05-15 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, August 5, 2015, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 3.1 Proclamation to Declare August 28, 2015 as “Giving is Gorges Day” in the City of Ithaca - Residents and Members of the Community are Encouraged to Support Their Favorite Participating Non-Profit Organizations That Day  4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau – Request to Amend 2015 Personnel Roster - Resolution 8.2 Department of Public Works/Waste Water Treatment Plant Request to Amend 2015 Personnel Roster - Resolution 8.3 Approval of the 2015 Amendment to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium 8.4 City of Ithaca Cable Access Oversight Committee – Adoption of the 2016 PEG Access Studio Operations Budget – Resolution Department of Public Information and Technology: 8.5 Taste of Thai Alcohol Permit Request - Resolution 8.6 Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Mayor – Request for Health Care Coverage for Officer Augustine - Resolution 9.2 Ithaca Police Department (IPD) Request for Approval of Lateral Transfers to IPD From Other Police Departments or Sheriff’s Office - Resolution 9.3 A Local Law entitled “2015 Sidewalk Improvement District Amendments” 9.4 Reaffirming Support for a Single-Payer Approach to Controlling Health-Care Costs and Ensuring Everyone is Covered and Urging the New York State Assembly and Senate to Enact the New York Health Act A.5062 (Gottfried)/S.3525 (Perkins) – Resolution Common Council Meeting Agenda August 5, 2015 Page 2 9. CITY ADMINISTRATION COMMITTEE (CONTINUED): 9.5 Finance - Approval of 2013 City Single Audit – Resolution (additional back-up information will be distributed under separate cover) 9.6 City Controller’s Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: No items were submitted for the agenda 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Brock - Resolution to Select Artwork for a Mural Installation in the Dryden Road Parking Garage 14. MAYOR’S APPOINTMENTS: 14. Reappointments to Various City Boards and Committees – Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the July 1, 2015 Common Council Meeting Minutes – Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: July 30, 2015 3. PROCLAMATIONS/AWARDS: 3.1 Proclamation to Declare August 28, 2015 as “Giving is Gorges Day” in the City of Ithaca - Residents and Members of the Community are Encouraged to Support Their Favorite Participating Non-Profit Organizations That Day  WHEREAS, the City of Ithaca, like the surrounding Tompkins County, is known throughout our region and the State of New York for its tight-knit, inclusive communities; and WHEREAS, our residents are driven by a gracious desire to help each other, and our municipality plays a leading role in promoting and advancing philanthropy and giving; and WHEREAS, “Giving Is Gorges” was established as a day to unite all of the people of Tompkins County in the celebration and reaffirmation of that spirit of philanthropy, raising both funds and awareness; and WHEREAS, the day highlights how people can work together to share commitments, build stronger communities, and improve the quality of life for all residents; and WHEREAS, non-profits enrich the lives of all Tompkins County residents and are an integral part of its economy, employing and providing services to thousands of residents each day; and WHEREAS, non-profits work in every sector to improve the quality of life in Tompkins County, including protecting our environment, helping the sick and the dying, providing care for our children and animals, offering support to our families, providing art, addressing homelessness and hunger; preventing diseases, and providing basic human needs; and WHEREAS, these non-profits offer opportunities for giving, volunteerism, skill-building and community involvement that enhance life and make our county a better place to live; and WHEREAS, giving and volunteerism historically reflect the highest values of our democratic society, in that regardless of the situation, age, station, race or creed, all may participate and reap the rich rewards that come from giving aid to others; and, WHEREAS, this event allows participating non-profit organizations an opportunity to energize their respective donor bases and to tell their story throughout the broader region; and WHEREAS, every donation betters lives, opens doors, hastens innovation or fosters knowledge; and WHEREAS, this 24-hour giving challenge starts at Midnight and ends at 11:59 p.m. on August 28th, 2015; and WHEREAS, the participating non-profits are certified to have 501c3 status in order to receive donations; and WHEREAS, Giving Is Gorges day allows an easy, effective means for citizens to support the non-profit organizations they believe in and to learn about others through the website www.givingisgorges.com; and WHEREAS, together in celebration of non-profits and philanthropy, communities will join together for 24 hours to raise the most money they can to support the non-profits that enrich our county while reaffirming the belief that everyone can help one another; now, therefore, be it PROCLAIMED by I, Svante Myrick, the Mayor of the City of Ithaca, that August, 28th, 2015 be, and is hereby, recognized as “Giving Is Gorges Day” and; be it PROCLAIMED FURTHER, That residents and members of the community are encouraged to support their favorite participating non-profit organizations. 8. CONSENT ITEMS: City Administration Committee: 8.1 Youth Bureau – Request to Amend 2015 Personnel Roster - Resolution WHEREAS, the Ithaca Youth Bureau has proposed to increase the hours of one Recreation Program Assistant from 20 hours per week to 30 hours per week and one Recreation Specialist from 20 hours per week to 35 hours per week; and WHEREAS, no additional funds are being requested and these changes will be completed within the approved 2015 budget; and WHEREAS, the Ithaca Youth Bureau has worked with the Human Resources Department to develop the staffing transition plan now; therefore, be it RESOLVED, That the Personnel Roster of the Ithaca Youth Bureau shall be amended as follows: Add: One (1) Recreation Program Assistant 20 hours to 30 hours and, One (1) Recreation Specialist 20 hours to 35 hours and be it further RESOLVED, That said roster amendment will be made within existing funds of the 2015 authorized Ithaca Youth Bureau budget. Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” To: City Administration Committee From: Liz Vance, Director Re: 2015 Roster amendment Date:7/3/15 As part of our staffing transition the Youth Bureau is requesting permission to amend the 2015 roster by increasing hours for one Recreation Program Assistant and one Recreation Specialist as follows: Recreation Program Assistant: 20 hours to 30 hours Recreation Specialist: 20 hours to 35 hours The proposed amendment will be made within existing funds of the approved 2015 Youth Bureau budget. 8.2 Department of Public Works (DPW)/Waste Water Treatment Plant Request to Amend 2015 Personnel Roster - Resolution WHEREAS, The City of Ithaca Water Treatment Plant (WTP) has need of Administrative Office support. Currently all general office and financial office functions at the WTP are performed by the Chief Operator, Lab Director, Senior Operator, and Operators; and WHEREAS, The City of Ithaca DPW Water & Sewer Division Assistant Superintendent and WTP Chief Operator propose the hiring of a half time Financial Management Assistant to meet this need and relieve our Operational and Technical Staff from general office and financial clerical work so they can be more economically, fully, and appropriately utilized in WTP Operations and Maintenance; and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division currently has the half time funded Title of Water/Wastewater Treatment Plant Operator on the WTP roster; and WHEREAS, the half time Water/Wastewater Treatment Plant Operator position has now been vacant for more than year; and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has determined that we no longer have need of the half time Water/Wastewater Treatment Plant Operator position at the WTP; and WHEREAS, the Civil Service Commission approved the New Position Duties Statement for the WTP Financial Management Assistant for City of Ithaca DPW Water & Sewer Division on June 3, 2015; now; therefore, be it RESOLVED, That the Personnel Roster of the DPW Water & Sewer Division be amended as follows: Delete: One (1) Water/Wastewater Treatment Plant Operator, salary grade 10, CSEA Administrative Unit Add: One (1) Financial Management Assistant, 20 hours/week, salary grade 6, CSEA Administrative Unit and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees Retirement System, the standard work day for this position shall be established at eight (8) hours per day (forty (40) hours per week); and, be it further RESOLVED, That funds needed for said roster amendment shall be derived from existing 2015 budget authorizations in the DPW Water and Sewer Division. CITY OF ITHACA WATER TREATMENT PLANT 202 Water St. Ithaca, NY 14850 Ph: 607-273-4680 Fax: 607-216-0460 M E M O TO: City Administration Committee FROM: Charles Baker, Chief Operator RE: Financial Mgmt Asst & Water/Wastewater Operator DATE: May 19, 2015 Justification for new position: for adding the title “Financial Management Assistant” & for deleting the title of Water/Wastewater Operator.” The original position, Water/Wastewater Operator, was a wastewater facility slot that was modified to give assistance to the water plant when we had staffing issues during the Monday – Friday dayshift slot. We had trouble keeping and utilizing a float shift person. Currently we will have two floaters. I am requesting to add to our roster the title of Financial Management Assistant and delete the Water/Wastewater Operator title/position, yet retain the allotted funding in each budget (WTP & IAWWTF). This was discussed with Dan Ramer (Chief Operator at the IAWWTF) and he agrees to delete this title. This funding will be needed on the water plant side to fund the new position of Financial Management Assistant. This will be a zero increase to our overall budgeted staff costs. The IAWWTF staff will need to determine what they will do with their portion of the funding for the position. 8.3 Approval of the 2015 Amendment to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium - Resolution WHEREAS, the City of Ithaca is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 47 of the New York Insurance Law; and WHEREAS, the municipal participants in the Consortium, including this body, have approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective date of October 1, 2010) and Amendment (2014) that provides for the operation and governance of the Consortium; and WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules and regulations of the New York State Department of Financial Services set forth certain requirements for governance of municipal cooperatives that offer self-insured municipal cooperative health insurance plans; and WHEREAS, the Agreement sets forth in Section Q2 that continuation of the Consortium under the terms and conditions of the Agreement, or any amendments or restatements thereto, shall be subject to Board review on the fifth (5th) anniversary of the Effective Date and on each fifth (5th) anniversary date thereafter (each a “Review Date”); and WHEREAS, by motion 005-2015, adopted on May 28, 2015, the Consortium's Board of Directors recommends approval of the 2015 amended agreement based on review of the document by the Municipal Cooperative Agreement Review Committee, the New York State Department of Financial Services, and the Consortium’s legal counsel; and WHEREAS, the Municipal Cooperative Agreement requires that amendments to the agreement be presented to each participant for review and adopted by its municipal board; and WHEREAS, the City of Ithaca is in receipt of the proposed amended Agreement and has determined that it is in the best interest of its constituents who are served by the Consortium to amend the Agreement as set forth in the attached 2015 Amended Municipal Cooperative Agreement; now, therefore be it RESOLVED, That the City of Ithaca approves and authorizes the Mayor to sign the 2015 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium; and be it further RESOLVED, That the Clerk of the City of Ithaca is hereby authorized to execute this Resolution to indicate its approval, transmit a copy thereof to the Board of Directors of the Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may be required by law. June 30, 2015 Dear Mayor or Supervisor, As participants in the Greater Tompkins Municipal Health Insurance Consortium (Consortium), we are bound by the Municipal Cooperative Agreement (MCA) which was accepted and signed by your municipality. Section Q.2. of the MCA requires the Consortium participants to review and amended the MCA as necessary before the anniversary of the fifth year, which is on or about October 1, 2015. Pursuant to the MCA, the Consortium asked each participant to review the existing MCA and send comments. The Consortium also received comments from the NYS Department of Financial Services. A special committee of the Consortium Board of Directors incorporated these suggestions as well as reviewed the MCA from an operations perspective and developed the attached MCA (both clean copy and changes noted documents). The Consortium Board of Directors has approved the amended MCA and is recommending that each participant adopt resolutions authorizing their Supervisor or Mayor to sign the amended MCA. Upon receipt of all of the municipal authorization resolutions, a signature page will be made available for signatures. Please perform the due diligence your municipality requires. Report any issues that prevent your municipality from signing as soon as possible. Please consider setting a goal of approval during your August 2015 meetings. Sincerely, Don Barber, Executive Director Greater Tompkins County Municipal Health Insurance Consortium Att.: Proposed 2015 Amended Municipal Cooperative Agreement Sample Resolution {H2552555.1} 2015 AMENDMENT TO THE MUNICIPAL COOPERATION AGREEMENT THIS AGREEMENT (the "Agreement") made effective as of the 1st day of October 2010 (the "Effective Date"), and as amended herein, by and among each of the signatory municipal corporations hereto (collectively, the "Participants"). W H E R E A S: 1. Article 5-G of the New York General Municipal Law (the "General Municipal Law") authorizes municipal corporations to enter into cooperative agreements for the performance of those functions or activities in which they could engage individually; 2. Sections 92-a and 119-o of the General Municipal Law authorize municipalities to purchase a single health insurance policy, enter into group health plans, and establish a joint body to administer a health plan; 3. Article 47 of the New York Insurance Law (the "Insurance Law" or “N.Y. Ins. Law”), and the rules and regulations of the New York State Superint endent of Financial Services Insurance (the "Superintendent") set forth certain requirements for governing self-insured municipal cooperative health insurance plans; 4. Section 4702(f) of the Insurance Law defines the term "municipal corporation" to include a county, city, town, village, school district, board of cooperative educational services, public library (as defined in Section 253 of the New York State Education Law) and district (as defined in Section 119-n of the General Municipal Law); and 5. The Participants have determined to their individual satisfaction that furnishing the health benefits (including, but not limited to, medical, surgical, hospital, prescription drug, dental, and/or vision) for their eligible officers, eligible employees (as defined by the Internal Revenue Code of 1986, as amended, and the Internal Revenue Service rules and regulations), eligible retirees, and the eligible dependents of eligible officers, employees and retirees (collectively, the "Enrollees") (such definition does not include independent contractors and/or consultants) through a municipal cooperative is in their best interests as it is more cost- effective and efficient. Eligibility requirements shall be determined by each Participant's collective bargaining agreements and/or their personnel policies and procedures. NOW, THEREFORE, the parties agree as follows: A. PARTICIPANTS. 1. The Participants hereby designate themselves under this Agreement as the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium") for the purpose of providing health benefits (medical, surgical, hospital, prescription drug, dental, and/or vision) to those Enrollees that each Participant individually elects to include in the Greater Tompkins County {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 2 Municipal Health Insurance Consortium Medical Plan(s) (the "Plan(s)"). 2. The following Participants shall comprise the initial current membership of the Consortium (a) County of Tompkins; (b) City of Ithaca; (c) Town of Enfield; (d) Town of Caroline; (e) Town of Ithaca; (f) Town of Danby; (g) Town of Dryden; (h) Town of Ulysses; (i) Village of Cayuga Heights; (j) Village of Groton; (k) Village of Dryden; (l) Village of Trumansburg; (m) Town of Groton; (n) Town of Lansing: (o) City of Cortland; (p) Village of Homer; (q) Town of Willet. The following Participants shall comprise the current membership of the Consortium (a) County of Tompkins; (b) City of Ithaca; (c) Town of Enfield; (d) Town of Caroline; (e) Town of Ithaca; (f) Town of Danby; (g) Town of Dryden; (h) Town of Ulysses; (i) Village of Cayuga Heights; (j) Village of Groton; (k) Village of Dryden; (l) Village of Trumansburg; (m) Town of Groton. Membership in the Consortium may be offered to any municipal corporation within the geographical boundaries of County of Tompkins the Counties of Tompkins, Cayuga, Chemung, Cortland, Tioga, Schuyler, and Seneca, provided however that, in the sole discretion of the Board (as defined below), the applicant provides satisfactory proof of its financial responsibility and is of the same type of municipal corporation as the initial Participants. Notwithstanding anything to contrary set forth in this Agreement, admission of new Participants shall not require amendment of this Section A(2). Membership shall be subject to the terms and conditions set forth in this Agreement, any amendments hereto and applicable law. 3. Participation in the Plan(s) by some, but not all, collective bargaining units or employee groups of a Participant is not encouraged and shall not be permitted absent prior Board approval. Further, after obtaining approval, any Participant which negotiates an alternative health insurance plan offering other than the plan offerings of the Consortium with a collective bargaining unit or employee group may be subject to a risk charge as determined by the Board. 4. Initial membership of additional participants shall become effective as soon as practical but preferably on the first day of the Plan Year following the adoption by the Board of the resolution to accept a municipal corporation as a Participant. Such municipal corporation must agree to continue as a Participant for a minimum of three (3) years upon entry. 5. The Board, by a two-thirds (2/3) vote of the entire Board, may elect to permit additional municipal corporations not located within the geographical or political boundaries of the County of Tompkins set forth in Paragraph A(2) to become Participants subject to satisfactory proof, as determined by the Board, of such municipal corporation’s financial responsibility. Such municipal corporations must agree to continue as a Participant for a minimum of three (3) years upon entry. 6. A municipal corporation that was previously a Participant, but is no longer a Participant, and which is otherwise eligible for membership in the Consortium, may apply for re- entry after a minimum of three (3) years has passed since it was last a Participant. Such re-entry shall be subject to the approval of two-thirds (2/3) of the entire Board. This re-entry waiting period may be waived by the approval of two-thirds (2/3) of the entire Board. In order to re-enter the Consortium, a municipal corporation employer must have satisfied in full all of its outstanding financial obligations to the Consortium. A municipal corporation must agree to continue as a Participant for a minimum of three (3) years upon re-entry. B. PARTICIPANT LIABILITY. 1. The Participants shall share in the costs of, and assume the liabilities for benefits {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 3 (including medical, surgical, and hospital) provided under the Plan(s) to covered officers, employees, retirees, and their dependents. Each Participant shall pay on demand such Participant's share of any assessment or additional contribution ordered by the governing Board of the municipal cooperative health benefit plan, as set forth in Section L(4) of this Agreement or as ordered by the Superintendent or under Article 74 (seventy-four) of the New York State Insurance Law. The pro rata share shall be based on the Participant's relative "premium" contribution to the Plan(s) as a percentage of the aggregate "premium" contribution to the Plan(s), as is appropriate based on the nature of the assessment or contribution. 2. New Participants (each a "New Participant") who enter the Consortium may, at the discretion of the Board of Directors, be assessed a fee for additional financial costs above and beyond the premium contributions to the Plan(s). Any such additional financial obligations and any related terms and conditions associated with membership in the Consortium shall be determined by the Board, and shall be disclosed to the New Participant prior to its admission. 3. Each Participant shall be liable, on a pro rata basis, for any additional assessment required in the event the Consortium funding falls below those levels required by the Insurance law as follows: a. In the event the Consortium does not have admitted assets (as defined in Insurance Law § 107) at least equal to the aggregate of its liabilities, reserves and minimum surplus required by the Insurance Law, the Board shall, within thirty (30) days, order an assessment (an "Assessment Order") for the amount that will provide sufficient funds to remove such impairment and collect from each Participant a pro-rata share of such assessed amount. b. Each Participant that participated in the Consortium at any time during the two (2) year period prior to the issuing of an Assessment Order by the Board shall, if notified of such Assessment Order, pay its pro rata share of such assessment within ninety (90) days after the issuance of such Assessment Order. This provision shall survive termination of the Agreement of withdrawal of a Participant. c. For purposes of this Section B(3), a Participant's pro-rata share of any assessment shall be determined by applying the ratio of the total assessment to the total contributions or premium equivalents earned during the period covered by the assessment on all Participants subject to the assessment to the contribution or premium equivalent earned during such period attributable to such Participant. C. BOARD OF DIRECTORS. 1. The governing board of the Consortium, responsible for management, control and administration of the Consortium and the Plan(s), shall be referred to as the "Board of Directors" (the "Board"). The voting members of the Board shall be composed of one representative of each Participant and representatives of the Joint Committee on Plan Structure and Design (as set forth in Section C(11)), who shall have the authority to vote on any official action taken by the Board (each a "Director"). Each Director, except the representatives of the Joint Committee on Plan Structure and Design, shall be designated in writing by the governing body of the Participant. 2. If a Director designated by a Participant cannot fulfill his/her obligations, for any reason, as set forth herein, and the Participant desires to designate a new Director, it must notify the Consortium's Chairperson in writing of its selection of a new designee to represent the Participant {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 4 as a Director. 3. Directors shall receive no remuneration from the Consortium for their service and shall serve a term from January 1 through December 31 (the "Plan Year"). 4. No Director may represent more than one Participant. 5. No Director, or any member of a Director's immediate family shall be an owner, officer, director, partner, or employee of any contractor or agency retained by the Consortium, including any third party contract administrator. 6. Except as otherwise provided in Section D of the Agreement, each Director shall be entitled to one vote. A majority of the entire Board, not simply those present, is required for the Board to take any official action, unless otherwise specified in this Agreement. The “entire Board”, as used herein and elsewhere in this Agreement, shall mean the total number of Directors when there are no vacancies. While physical presence is strongly encouraged, Directors who cannot be physically present at any meeting may attend remotely utilizing appropriate technology that allows for real time audio and visual participation and voting in the meeting upon confirmation that communication is with all participants as it progresses. 7. Each Participant may designate in writing an alternate Director to attend the Board's meeting when its Director cannot attend. The alternate Director may participate in the discussions at the Board meeting and will, if so designated in writing by the Participant, be authorized to exercise the Participant’s voting authority. Only alternate Directors with voting authority shall be counted toward a quorum. The Joint Committee on Plan Structure and Design may designate alternate Directors as set forth in Section C(11). 8. A majority of the Directors of the Board shall constitute a quorum. A quorum is a simple majority (more than half) of the entire Board. A quorum is required for the Board to conduct any business. This quorum requirement is independent of the voting requirements set forth in Section C(6). The Board shall meet on a regular basis, but not less than on a quarterly basis at a time and place within the State of New York determined by a vote of the Board. The Board shall hold an annual meeting (the “Annual Meeting”) between October 3rd and October 15th of each Plan Year. 9. Special meetings of the Board may be called at any time by the Chairperson or by any two (2) Directors. Whenever practicable, the person or persons calling such special meeting shall give at least three (3) days notice to all of the other Directors. Such notice shall set forth the time and place of the special meeting as well as a detailed agenda of the matters proposed to be acted upon. In the event three (3) days notice cannot be given, each Director shall be given such notice as is practicable under the circumstances. 10. In the event that a special meeting is impractical due to the nature and/or urgency of any action which, in the opinion of the Chairperson, is necessary or advisable to be taken on behalf of the Consortium, the Chairperson may send proposals regarding said actions via electronic communication facsimile to each and all of the Directors. The Directors may then electronically communicate fax their approval or disapproval of said resolution via signed document to the Chairperson. Upon receipt by the Chairperson of the requisite number of written approvals, the Chairperson may act on behalf of the Board in reliance upon such approvals. Any actions taken by the Chairperson pursuant to this paragraph shall be ratified at the next scheduled meeting of the {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 5 Board. 11. The Chair of the Joint Committee on Plan Structure and Design and any At-Large Labor Representatives (as defined in Section K) (collectively the “Labor Representatives”) shall serve as Directors and shall have the same rights and obligations as all other Directors. The Joint Committee on Plan Structure and Design may designate in writing alternate Directors to attend the Board’s meetings when the Labor Representatives cannot attend. The alternate Director may, if designated in writing, be authorized to exercise the Labor Representatives’ voting authority. D. WEIGHTED VOTING. 1. Except as otherwise provided in this Agreement, any two or more Directors, acting jointly, may require a weighted vote on any matter that may come before the Board. In such event, the voting procedure set forth in this Section D shall apply in lieu of any other voting procedures set forth in this Agreement. Such weighted voting procedures shall apply solely with respect to the matter then before the Board. 2. For purposes of this Section D, each Director shall receive votes as follows: a. each Director representing a Participant with five hundred (500) or fewer Enrollees shall be entitled to one (1) vote. b. each Director representing a Participant with more than five hundred (500) Enrollees shall be entitled to a number of votes equaling the total number of votes assigned under subsection 2(a) above minus the number of Labor Representative votes, divided evenly by the number of Participants eligible under this subsection 2(b) and rounded down to the nearest whole number. c. the Labor Representatives shall be entitled to one (1) vote each. 3. Attached as Addendum “A” to this Agreement is an example of the application of the voting formula contained in subparagraph “2” of this Section. 4. Notwithstanding anything to the contrary contained in this Agreement, any action taken pursuant to this Section D shall require the approval of two-thirds (2/3) of the total number of votes, if all votes had been cast. E. ACTIONS BY THE BOARD. (THIS SECTION BROKEN INTO TWO PARTS) 1. Subject to the voting and quorum requirements set forth in this Agreement, the Board is authorized and/or required in accordance with N.Y. Ins. Law § 4705 to take action on the following matters: a. In accordance with N.Y. Ins. Law § 4705(d)(5), to approve an annual budget for the Consortium, which shall be prepared and approved prior to October 15th of each year, and determine the annual premium equivalent rates to be paid by each Participant for each Enrollee classification in the Plan on the basis of a community rating methodology in accordance with N.Y. Ins. Law § 4705(d)(5)(B) and filed with and approved by the Superintendent. b. To audit receipts and disbursements of the Consortium and provide for {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 6 independent audits, and periodic financial and operational reports to Participants in accordance with N.Y. Ins. Law § 4705(e)(1). c. To establish a joint fund or funds to finance all Consortium expenditures, including claims, reserves, surplus, administration, stop-loss insurance and other expenses in accordance with N.Y. Ins. Law § 4705(d)(4). d. To select and approve the benefits provided by the Plan(s) including the plan document(s), insurance certificate(s), and/or summary plan description(s) in accordance with N.Y. Ins. Law § 4709, a copy of the Plan(s) effective on the date of this Agreement is incorporated by reference into this Agreement. e. In accordance with N.Y. Ins. Law § 4705(d)(2), may to contract with third parties, if appropriate, which may include one or more Participants, for the furnishing of all goods and services reasonably needed in the efficient operation and administration of the Consortium, including, without limitation, accounting services, legal counsel, contract administration services, consulting services, purchase of insurances and actuarial services. Provided, however (a) the charges, fees and other compensation for any contracted services shall be clearly stated in written administrative services contracts, as required in Section 92-a(6) of the General Municipal Law; (b) payment for contracted services shall be made only after such services are rendered; (c) no Director or any member of such Director's immediate family shall be an owner, officer, director, partner or employee of any contract administrator retained by the Consortium; and (d) all such agreements shall otherwise comply with the requirements of Section 92-a(6) of the General Municipal Law. f. To purchase stop-loss insurance on behalf of the Consortium and determine each year the insurance carrier or carriers who are to provide the stop-loss insurance coverage during the next Plan Year, as required by N.Y. Ins. Law §§ 4707 and 4705(d)(3). g. To designate one governing Board member an Officer or Director to retain custody of all reports, statements, and other documents of the Consortium, in accordance with N.Y. Ins. Law § 4705(c)(2), and who shall also take minutes of each Board meeting which, if appropriate, shall be acted upon by the Board in a subsequent meeting. h. In accordance with N.Y. Ins. Law § 4705(e)(1), to choose the certified public accountant and the actuary to provide the reports required by this Agreement and any applicable law. i. To designate an attorney-in-fact to receive summons or other legal process in any action, suit or proceeding arising out of any contract, agreement or transaction involving the Consortium. The Board designates John G. Powers, Esq. as the Consortium's initial attorney-in-fact. 2. Subject to the voting and quorum requirements set forth in this Agreement, the Board is authorized to take action on the following matters: a. To fill any vacancy in any of the officers of the Consortium. {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 7 b. To fix the frequency, time and place of regular Board meetings. c. To annually selecthave a plan consultant (the “Plan Consultant”) contract in place for the upcoming Plan Year, prior to October 1st of each year. d. To review, consider and act on any recommendations made by the Plan Consultant. e. To establish administrative guidelines for the efficient operation of the Plan. f. To establish financial regulations for the entry of new Participants into the Consortium consistent with all applicable legal requirements and this Agreement. g. To determine and notify each Participant prior to October 15th of each Plan Year of the monthly premium equivalent for each enrollee classification during the next Plan Year commencing the following January 1st. h. To designate the banks or trust companies in which joint funds, including reserve funds, are to be deposited and which shall be located in this state, duly chartered under federal law or the laws of this state and insured by the Federal Deposit Insurance Corporation, or any successor thereto. i. To designate annually a treasurer (the "Treasurer") who may or may not be a Director and who shall be the treasurer, or equivalent financial officer, for one of the Participants. The Treasurer's duties shall be determined by the Chief Fiscal Officer to whom he/she will report. j. To take all necessary action to ensure that the Consortium obtains and maintains a Certificate of Authority in accordance with the Insurance Law. k. To take all necessary action to ensure the Consortium is operated and administered in accordance with the laws of the State of New York. l. To take any other action authorized by law and deemed necessary to accomplish the purposes of this Agreement. F. EXECUTIVE COMMITTEE. 1. The Executive Committee of the Consortium shall consist of the Chairperson, the Vice-Chairperson, the Secretary, and the Chief Fiscal Officer of the Consortium. The Secretary shall be the governing board member who holds all records in accordance with Article E, Section i(g). 2. The Executive Committee may meet at any time between meetings of the Board, at the discretion of the Chairperson. The Executive Committee shall make recommendations to the Board. 3. The Executive Committee shall manage the Consortium between meetings of the Board, subject to such approval by the Board as may be required by this Agreement. {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 8 G. OFFICERS. 1. At the Annual Meeting, the Board shall elect from its Directors a Chairperson, Vice Chairperson, Chief Fiscal Officer, and Secretary, who shall serve for a term of one (1) year or until their successors are elected and qualified. Any vacancy in an officer's position shall be filled at the next meeting of the Board. 2. Officers of the Consortium and employees of any third party vendor, including without limitation the officers and employees of any Participant, who assist or participate in the operation of the Consortium, shall not be deemed employees of the Consortium. Each third party vendor shall provide for all necessary services and materials pursuant to annual contracts with the Consortium. The officers of the Consortium shall serve without compensation from the Consortium, but may be reimbursed for reasonable out-of-pocket expenses incurred in connection with the performance of such officers’ duties. 3. Officers shall serve at the pleasure of the Board and may be removed or replaced upon a two-thirds (2/3) vote of the entire Board. This provision shall not be subject to the weighted voting alternative set forth in Section D. H. CHAIRPERSON; VICE CHAIRPERSON; SECRETARY. 1. The Chairperson shall be the chief executive officer of the Consortium. 2. The Chairperson, or in the absence of the Chairperson, the Vice Chairperson, shall preside at all meetings of the Board. 3. In the absence of the Chairperson, the Vice Chairperson shall perform all duties related to that office. 4. The Secretary shall retain custody of all reports, statements, and other documents of the Consortium and ensure that minutes of each Board meeting are taken and transcribed which shall be acted on by the Board at a subsequent meeting, as appropriate. I. PLAN ADMINISTRATOR. The Board, by a two-thirds (2/3) vote of the entire Board, may annually designate an administrator and/or insurance company of the Plan (the "Plan Administrator") and the other provider(s) who are deemed by the Board to be qualified to receive, investigate, and recommend or make payment of claims, provided that the charges, fees and other compensation for any contracted services shall be clearly stated in written administrative services and/or insurance contracts and payment for such contracted services shall be made only after such services are rendered or are reasonably expected to be rendered. All such contracts shall conform to the requirements of Section 92-a(6) of the General Municipal Law. J. CHIEF FISCAL OFFICER. 1. The Chief Fiscal Officer shall act as the chief financial administrator of the Consortium and disbursing agent for all payments made by the Consortium, and shall have custody of all monies either received or expended by the Consortium. The Chief Fiscal Officer shall be a fiscal officer of a Participant. The Chief Fiscal Officer shall receive no remuneration from the Consortium. The Plan shall reimburse the Participant that employs the Chief Fiscal Officer for reasonable and necessary out-of-pocket expenses incurred by the Chief Fiscal Officer in connection {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 9 with the performance of his or her duties that relate to the Consortium. 2. All monies collected by the Chief Fiscal Officer relating to the Consortium, shall be maintained and administered as a common fund. The Chief Fiscal Officer shall, notwithstanding the provisions of the General Municipal Law, make payment in accordance with procedures developed by the Board and as deemed acceptable to the Superintendent. 3. The Chief Fiscal Officer shall be bonded for all monies received from the Participants. The amount of such bond shall be established annually by the Consortium in such monies and principal amount as may be required by the Superintendent. 4. All monies collected from the Participants by the Chief Fiscal Officer in connection with the Consortium shall be deposited in accordance with the policies of the Participant which regularly employs the Chief Fiscal Officer and shall be subject to the provisions of law governing the deposit of municipal funds. 5. The Chief Fiscal Officer may invest moneys not required for immediate expenditure in the types of investments specified in the General Municipal Law for temporary investments or as otherwise expressly permitted by the Superintendent. 6. The Chief Fiscal Officer shall account for the Consortium's reserve funds separate and apart from all other funds of the Consortium, and such accounting shall show: a. the purpose, source, date and amount of each sum paid into the fund; b. the interest earned by such funds; c. capital gains or losses resulting from the sale of investments of the Plan's reserve funds; d. the order, purpose, date and amount of each payment from the reserve fund; and e. the assets of the fund, indicating cash balance and schedule of investments. 7. The Chief Fiscal Officer shall cause to be prepared and shall furnish to the Board, to participating municipal corporations, to unions which are the exclusive bargaining representatives of Enrollees, the Board’s consultants, and to the Superintendent: a. an annual audit, and opinions thereon, by an independent certified public accountant, of the financial condition, accounting procedures and internal control systems of the municipal cooperative health benefit plan; b. an annual report and quarterly reports describing the Consortium’s current financial status; and c. an annual independent actuarial opinion on the financial soundness of the Consortium, including the actuarial soundness of contribution or premium equivalent rates and reserves, both as paid in the current Plan Year and projected for the next Plan Year. {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 10 8. Within ninety (90) days after the end of each Plan Year, the Chief Fiscal Officer shall furnish to the Board a detailed report of the operations and condition of the Consortium's reserve funds. K. JOINT COMMITTEE ON PLAN STRUCTURE AND DESIGN. 1. There shall be a Joint Committee on Plan Structure and Design (the "Joint Committee"), which shall consist of (a) a representative of each collective bargaining unit that is the exclusive collective bargaining representative of any Enrollee or group of Enrollees covered by the Plan(s) (the "Union Members"); and (b) a representative of each Participant (the "Management Members"). Management Members may, but are not required to be, Directors. 2. The Joint Committee shall review all prospective Board actions in connection with the benefit structure and design of the Plan(s), and shall develop findings and recommendations with respect to such matters. The Chair of the Joint Committee shall report such findings and recommendations to the Board at any regular or special meeting of the Board. 3. The Joint Committee shall select (a) from among the Union Members, an individual who shall serve as Chair of the Joint Committee; and (b) from among the Management Members, an individual who shall serve as Vice Chair of the Joint Committee. The Joint Committee shall establish its own parliamentary rules and procedures. 4. Each eligible union shall establish such procedures by which its representative to the Joint Committee is chosen and such representative shall be designated in writing to the Chairperson of the Board and the Chair of the Joint Committee. 5. The Union Members on the Joint Committee on Plan Structure and Design shall select from among the Union Members an individual to serve as an additional at-large voting Labor Member on the Board of Directors of the Consortium. If the number of municipal members on the Consortium rises to seventeen (17), the union members of the Joint Committee on Plan Structure and Design shall select from among the Union Members an additional at-large voting Labor Member on the Board of Directors of the Consortium. The at-large voting Labor Member(s) along with the Joint Committee Chair shall collectively be the “Labor Representatives” as defined in Section C(11) of this Agreement. If the number of municipal members on the Consortium rises to twenty-three (23), the Union Members may select from among their members a third At-Large Labor Representative to serve as a Director. Thereafter, for every increase of five (5) additional municipal members added to the Consortium Union Members may select from among their members one (1) At-large Labor Representative to serve as Director. Attached hereto as Addendum “B” is a table illustrating the addition of At-Large Labor Representatives as set forth in this Section. Any At-Large Labor Representative designated according to this section shall have the same rights and obligations as all other Directors. L. PREMIUM CALCULATIONS/PAYMENT. 1. The annual premium equivalent rates shall be established and approved by a majority of the entire Board. The method used for the development of the premium equivalent rates may be changed from time to time by the approval of two-thirds (2/3) of the entire Board, subject to review and approval by the Superintendent. The premium equivalent rates shall consist of such rates and categories of benefits as is set forth in the Plan[s] that is determined and approved by the Board consistent with New York law. {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 11 2. In accordance with N.Y. Ins. Law § 4706, the Consortium shall maintain reserves and stop-loss insurance to the level and extent required by the Insurance Law and as directed by the Superintendent. 3. Each Participant's monthly premium equivalent, by enrollee classification, shall be paid by the first day of each calendar month during the Plan Year. A late payment charge of one percent (1%) of the monthly installment then due will be charged by the Board for any payment not received by the first of each month, or the next business day when the first falls on a Saturday, Sunday, legal holiday or day observed as a legal holiday by the Participants. The Consortium may waive the first penalty once per Plan Year for each Participant, but will strictly enforce the penalty thereafter. A repeated failure to make timely payments, including any applicable penalties, may be used by the Board as an adequate justification for the expulsion of the Participant from the Consortium. 4. The Board shall assess Participants for additional contributions, if actual and anticipated losses due to benefits paid out, administrative expenses, and reserve and surplus requirements exceed the amount in the joint funds, as set forth in Section B(3) above. 5. The Board, in its sole discretion, may refund amounts in excess of reserves and surplus, or retain such excess amounts and apply these amounts as an offset to amounts projected to be paid under the next Plan Year’s budget. M. EMPLOYEE CONTRIBUTIONS. If any Participant requires an Enrollee's contribution for benefits provided by the Consortium, the Participant shall collect such contributions at such time and in such amounts as it requires. However, the failure of a Participant to receive the Enrollee contribution on time shall not diminish or delay the payment of the Participant's monthly premium equivalent to the Consortium, as set forth in this Agreement. N. ADDITIONAL BENEFITS. Any Participant choosing to provide more benefits, coverages, or enrollment eligibility other than that provided under the Plan(s), will do so at its sole expense. This Agreement shall not be deemed to diminish such Participant's benefits, coverages or enrollment eligibility, the additional benefits and the payment for such additional benefits, shall not be part of the Plan(s) and shall be administered solely by and at the expense of the Participant. O. REPORTING. The Board, through its officers, agents, or delegatees, shall ensure that the following reports are prepared and submitted: 1. Annually after the close of the Plan Year, not later than one-hundred twenty (120) days after the close of the Plan Year, the Board shall file a report with the Superintendent showing the financial condition and affairs of the Consortium, including an annual independent financial audit statement and independent actuarial opinion, as of the end of the preceding plan year. 2. Annually after the close of the Plan Year, the Board shall have prepared a statement {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 12 and independent actuarial opinion on the financial soundness of the Plan, including the contribution or premium equivalent rates and reserves, both as paid in the current Plan Year and projected for the next Plan Year. 3. The Board shall file reports with the Superintendent describing the Consortium’s then current financial status within forty-five (45) days of the end of each quarter during the Plan year. 4. The Board shall provide the annual report to all Participants and all unions, which are the exclusive collective bargaining representatives of Enrollees, which shall be made available for review to all Enrollees. 5. The Board shall submit to the Superintendent a report describing any material changes in any information originally provided in the Certificate of Authority. Such reports, in addition to the reports described above, shall be in such form, and containing such additional content, as may be required by the Superintendent. P. WITHDRAWAL OF PARTICIPANT. 1. Withdrawal of a Participant from the Consortium shall be effective only once annually on the last day of the Plan Year. 2. Notice of intention of a Participant to withdraw must be given in writing to the Chairperson prior to October 3rd of each Plan Year. Failure to give such notice shall automatically extend the Participant's membership and obligations under the Agreement for another Plan Year, unless the Board shall consent to an earlier withdrawal by a two-thirds (2/3) vote. 3. Any withdrawing Participant shall be responsible for its pro rata share of any Plan deficit that exists on the date of the withdrawal, subject to the provisions of subsection “4” of this Section. The withdrawing Participant shall be entitled to any pro rata share of surplus that exists on the date of the withdrawal, subject to the provisions of subsection “4” of this Section. The Consortium surplus or deficit shall be based on the sum of actual expenses and the estimated liability of the Consortium as determined by the Board. These expenses and liabilities will be determined one (1) year after the end of the Plan Year in which the Participant last participated. 4. The surplus or deficit shall include recognition and offset of any claims, expenses, assets and/or penalties incurred at the time of withdrawal, but not yet paid. Such pro rata share shall be based on the Participant's relative premium contribution to the Consortium as a percentage of the aggregate premium contributions to the Consortium during the period of participation. This percentage amount may then be applied to the surplus or deficit which existed on the date of the Participant's withdrawal from the Consortium. Any pro rata surplus amount due the Participant shall be paid to the Participant one year after the effective date of the withdrawal. Any pro rata deficit amount shall be billed to the Participant by the Consortium one year after the effective date of the withdrawal and shall be due and payable within thirty (30) days after the date of such bill. Q. DISSOLUTION; RENEWAL; EXPULSION. 1. The Board at any time, by a two-thirds (2/3) vote of the entire Board, may determine that the Consortium shall be dissolved and terminated. If such determination is made, the Consortium shall be dissolved ninety (90) days after written notice to the Participants. a. Upon determination to dissolve the Consortium, the Board shall provide notice of its determination to the Superintendent. The Board shall develop and submit to {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 13 the Superintendent for approval a plan for winding-up the Consortium’s affairs in an orderly manner designed to result in timely payment of all benefits. b. Upon termination of this Agreement, or the Consortium, each Participant shall be responsible for its pro rata share of any deficit or shall be entitled to any pro rata share of surplus that exists, after the affairs of the Consortium are closed. No part of any funds of the Consortium shall be subject to the claims of general creditors of any Participant until all Consortium benefits and other Consortium obligations have been satisfied. The Consortium’s surplus or deficit shall be based on actual expenses. These expenses will be determined one year after the end of the Plan Year in which this Agreement or the Consortium terminates. c. Any surplus or deficit shall include recognition of any claims/expenses incurred at the time of termination, but not yet paid. Such pro rata share shall be based on each Participant's relative premium contribution to the Plan as a percentage of the aggregate premium contributions to the Plan during the period of participation. This percentage amount would then be applied to the surplus or deficit which exists at the time of termination. 2. The continuation of the Consortium under the terms and conditions of the Agreement, or any amendments or restatements thereto, shall be subject to Board review on the fifth (5th) anniversary of the Effective Date and on each fifth (5th) anniversary date thereafter (each a "Review Date"). a. At the annual meeting a year prior to the Review Date, the Board shall include as an agenda item a reminder of the Participants’ coming obligation to review the terms and conditions of the Agreement. b. During the calendar year preceding the Review Date, each Participant shall be responsible for independently conducting a review of the terms and conditions of the Agreement and submitting to the Board of Directors a written resolution containing any objection to the existing terms and conditions or any proposed modification or amendment to the existing Agreement, such written resolution shall be submitted to the Board on or before March 1st preceding the Review Date. Failure to submit any such resolution shall be deemed as each Participant’s agreement and authorization to the continuation of the Consortium until the next Review Date under the existing terms and conditions of the Agreement. c. As soon as practicable after March 1st, the Board shall circulate to all Participants copies of all resolutions submitted by the Participants. Subject to Section S hereof, any resolutions relating to the modification, amendment, or objection to the Agreement submitted prior to each Review Date shall be considered and voted on by the Participants at a special meeting called for such purpose. Such special meeting shall be held on or before July 1st preceding the Review Date. d. Notwithstanding the foregoing or Section T hereof, if at the Annual Meeting following any scheduled Review Date the Board votes on and approves the budget and annual assessment for the next year, the Participants shall be deemed to have approved the continuation of the Consortium under the existing Agreement until the next Review Date. 3. The Participants acknowledge that it may be necessary in certain extraordinary {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 14 circumstances to expel a Participant from the Consortium. In the event the Board determines that: a. a Participant has acted inconsistently with the provisions of the Agreement in a way that threatens the financial well-being or legal validity of the Consortium; or b. a Participant has acted fraudulently or has otherwise acted in bad faith with regards to the Consortium, or toward any individual Participant concerning matters relating to the Consortium, the Board may vote to conditionally terminate said Participant's membership in the Consortium. Upon such a finding by the affirmative vote of seventy-five percent (75%) of the Participants, the offending Participant shall be given sixty (60) days to correct or cure the alleged wrongdoing to the satisfaction of the Board. Upon the expiration of said sixty (60) day period, and an absent satisfactory cure, to the Board may expel the Participant by an affirmative vote of seventy-five percent (75%) of the Participants (exclusive of the Participant under consideration). This section shall not be subject to the weighted voting provision provided in Section D. Any liabilities associated with the Participant's departure from the Consortium under this provision shall be determined by the procedures set forth in Section P of this Agreement. R. REPRESENTATIONS AND WARRANTIES OF PARTICIPANTS. Each Participant by its approval of the terms and conditions of this Agreement hereby represents and warrants to each of the other Participants as follows: 1. The Participant understands and acknowledges that its participation in the Consortium under the terms and conditions of this Agreement is strictly voluntary and may be terminated as set forth herein, at the discretion of the Participant. 2. The Participant understands and acknowledges that the duly authorized decisions of the Board constitute the collective will of each of the Participants as to those matters within the scope of the Agreement. 3. The Participant understands and acknowledges that the decisions of the Board made in the best interests of the Consortium may on occasion temporarily disadvantage one or more of the individual Participants. 4. The Participant represents and warrants that its designated Director or authorized representative understands the terms and conditions of this Agreement and is suitably experienced to understand the principles upon which this Consortium operates. 5. The Participant understands and acknowledges that all Directors, or their authorized representatives, are responsible for attending all scheduled meetings. Provided that the quorum rules are satisfied, non-attendance at any scheduled meeting is deemed acquiescence by the absent Participant to any duly authorized Board-approved action at the meeting. However, a Participant that was absent from a meeting will not be presumed to have acquiesced in a particular action taken at the meeting if, within fifteen (15) calendar days after learning of such action, the Participant delivers written notice to the Chairperson that it dissents from such action. The Participant shall also notify the other members of the Board of such dissent. The Chairperson shall direct the Secretary to file the notice with the minutes of the Board. {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 15 6. The Participant understands and acknowledges that, absent bad faith or fraud, any Participant's vote approving any Board action renders that Board action immune from later challenge by that Participant. S. RECORDS. The Board shall have the custody of all records and documents, including financial records, associated with the operation of the Consortium. Each Participant may request records and documents relative to their participation in the Consortium by providing a written request to the Chairperson and Chief Fiscal Officer. The Consortium shall respond to each request no later than thirty (30) days after its receipt thereof, and shall include all information which can be provided under applicable law. T. CHANGES TO AGREEMENT. Any change or amendment to this Agreement shall require the unanimous approval of the Participants, as authorized by their respective legislative bodies. U. CONFIDENTIALITY. Nothing contained in this Agreement shall be construed to waive any right that a covered person possesses under the Plan with respect to the confidentiality of medical records and that such rights will only be waived upon the written consent of such covered person. V. ALTERNATIVE DISPUTE RESOLUTION ("ADR"). 1. General. The Participants acknowledge and agree that given their budgeting and fiscal constraints, it is imperative that any disputes arising out of the operation of the Consortium be limited and that any disputes which may arise be addressed as quickly as possible. Accordingly, the Participants agree that the procedures set forth in this Section V are intended to be the exclusive means through which disputes shall be resolved. The Participants also acknowledge and agree that by executing this Agreement each Participant is limiting its right to seek redress for certain types of disputes as hereinafter provided. 2. Disputes subject to ADR. Any dispute by any Participant, Board Member, or Committee Person arising out of or relating to a contention that: a. the Board, the Board's designated agents, a Committee person, or any Participant has failed to adhere to the terms and conditions of this Agreement or any duly-passed resolution of the Board; b. the Board, the Board's designated agents, a Committee person, or any Participant has acted in bad faith or fraudulently in undertaking any duty or action under the Agreement; or c. any other dispute otherwise arising out of or relating to: (i) the terms or conditions of this Agreement; (ii) any duly-passed decision, resolution, or policy by the Board of Directors; or (iii) otherwise requiring the interpretation of this Agreement shall be resolved exclusively through the ADR procedure set forth in paragraph (3) below. 3. ADR Procedure. Any dispute subject to ADR, as described in subparagraph (2), {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 16 shall be resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) days of the occurrence of any dispute, the objecting party (the "Claimant") shall submit a written notice of the dispute to the Chairperson specifying in detail the nature of the dispute, the parties claimed to have been involved, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainable, and the requested action or resolution of the dispute. A dispute shall be deemed to have occurred on the date the objecting party knew or reasonably should have known of the basis for the dispute. (i) Within sixty (60) days of the submission of the written notice, the Executive Committee shall, as necessary, request further information from the Claimant, collect such other information from any other interested party or source, form a recommendation as to whether the Claimant has a valid objection or claim, and if so, recommend a fair resolution of said claim. During such period, each party shall provide the other with any reasonably requested information within such party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day period. (ii) Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below. b. Arbitration. The Claimant may challenge any Board decision under subparagraph (V)(3)(a)(ii) by filing a demand for arbitration with the American Arbitration Association within thirty (30) days of the Board's vote (a "Demand"). In the event a Claimant shall fail to file a Demand within thirty (30) days, the Board's decision shall automatically be deemed final and conclusive. In the event the Participant files a timely Demand, the arbitrator or arbitration panel may consider the claim: provided however; (i) in no event may the arbitrator review any action taken by the Board that occurred three (3) or more years prior to when the Chairperson received notice of the claim; and (ii) in no event may the arbitrator award damages for any period that precedes the date the Chairperson received notice of the claim by more than twenty-four (24) months. {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 17 c. The Participants agree that the procedure set forth in this Section V shall constitute their exclusive remedy for disputes within the scope of this Section. W. MISCELLANEOUS PROVISIONS. 1. This instrument constitutes the entire Agreement of the Participants with respect to the subject matter hereof, and contains the sole statement of the operating rules of the Consortium. This instrument supersedes any previous Agreement, whether oral or written. 2. Each Participant will perform all other acts and execute and deliver all other documents as may be necessary or appropriate to carry out the intended purposes of this Agreement. 3. If any article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, such article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion so adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and independent and the remainder of this Agreement shall be and remain in full force and effect and shall not be invalidated or rendered illegal or unenforceable or otherwise affected by such holding or adjudication. 4. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any claims made under Section V(3)(b) except to the extent otherwise limited therein, shall be governed by New York substantive law. 5. All notices to any party hereunder shall be in writing, signed by the party giving it, shall be sufficiently given or served if sent by registered or certified mail, return receipt requested, hand delivery, or overnight courier service addressed to the parties at the address designated by each party in writing. Notice shall be deemed given when transmitted. 6. This Agreement may be executed in two or more counterparts each of which shall be deemed to be an original but all of which shall constitute the same Agreement and shall become binding upon the undersigned upon delivery to the Chairperson of an executed copy of this Agreement together with a certified copy of the resolution of the legislative body approving this Agreement and authorizing its execution. 7. The provisions of Section V shall survive termination of this Agreement, withdrawal or expulsion of a Participant, and/or dissolution of the Consortium. 8. Article and section headings in this Agreement are included for reference only and shall not constitute part of this Agreement. 9. No findings or recommendations made by the Joint Committee on Plan Structure and Design or by the Chair of the Joint Committee shall be considered a waiver of any bargaining rights under any contract, law, rule, statute, or regulation. X. APPROVAL, RATIFICATION, AND EXECUTION. 1. As a condition precedent to execution of this Municipal Cooperative Agreement and membership in the Consortium, each eligible municipal corporation desiring to be a Participant shall obtain legislative approval of the terms and conditions of this Agreement by the municipality’s governing body. {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 18 2. Prior to execution of this Agreement by a Participant, the Participant shall provide the Chairperson with the resolution approving the municipality’s participation in this Consortium and expressly approving the terms and conditions of this Municipal Cooperative Agreement. Each presented resolution shall be attached to and considered a part of this Agreement. Each presented resolution shall be maintained on file with the Consortium. 3. By executing this Agreement, each signatory warrants that he/she has complied with the approval and ratification requirements herein and is otherwise properly authorized to bind the participating municipal corporation to the terms and conditions of this Agreement. [Signature Pages Follow] {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 19 IN WITNESS WHEREOF, the undersigned has caused this Amended Agreement to be executed as of the date adopted by the Board of Directors of the Greater Tompkins County Municipal Health Insurance Consortium and subsequently adopted by all participating municipalities. {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 20 Addendum “A” Example of Weighted Voting Formula under Section D(2) If 11 Participants have 500 or fewer enrollees each and 2 Participants have more than 500 enrollees each, under subparagraph “a” the 11 each get 1 vote. Under subparagraph “b” the 2 large Participants get 4 votes each, which is calculated by taking the total number of votes under subparagraph “a” [11] subtracting the number of Labor Representative votes [2], dividing by the number of eligible Participants under subsection “b” [2], and rounding the result [4.5] down to the nearest whole number [4]. The Labor Representative shall have 1 vote, irrespective of the votes available to the Participants. {H2552555.1} Municipal Cooperative Agreement - 2015 Amendment Page 21 Addendum "B" Illustration of At-Large Labor Representative Calculation Total Number of Total Number of Participants At-Large Labor Representatives < 17 1 17-22 2 23-27 3 28-32 4 33-37 5 38-42 6 8.4 City of Ithaca Cable Access Oversight Committee – Adoption of the 2016 PEG Access Studio Operational Budget - Resolution WHEREAS, the Franchise Agreement between Time Warner Entertainment and the City of Ithaca signed in 2003 authorizes Time Warner Entertainment- Advance/Newhouse Partnership to collect $.15 per subscriber per month to be used for the purchase of equipment for the public, educational, and governmental (PEG) Access Studio; and WHEREAS, the total capital budget for the life of the 10-year agreement was estimated to be $200,000; and WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight Committee that shall be responsible for approving the timing, use, and amount of PEG access equipment acquired each year over the term of the agreement; and WHEREAS, the Access Oversight Committee has approved a 2016 operational budget in the amount of $12,500; and WHEREAS, the Franchise Agreement states that participating municipalities, including the City of Ithaca, must adopt the annual PEG Access Studio Budget of the preceding year; now, therefore be it RESOLVED, That Common Council adopts the 2016 PEG Access Studio Budget as approved by the Access Oversight Committee at its regular meeting on May 4, 2015. Resolution Access Oversight Committee Monday, May 4, 2015 AOC Recommendations for FY 2016 Budget WHEREAS, Section 15.12 of the Franchise Agreement between the City of Ithaca and Time Warner Entertainment-Advance/Newhouse Partnership (TWC) of January 2003 requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide TWC with an annual budget for public, educational and governmental access operations by June 30 of each calendar year, and WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access Oversight Committee (AOC) to provide the participating municipalities with a recommended annual budget by May 31 of each calendar year; now therefore be it RESOLVED, that the AOC accepted the attached budget for Fiscal Year 2016 in the amount of $12,500.00 at their regular meeting of May 4, 2015, and BE IT FURTHER RESOLVED, that the AOC forwards its recommendations for approval by the Common Council of the City of Ithaca, the Town of Ithaca Board and the Village of Cayuga Heights Board of Trustees, so that they may meet their obligation to provide TWC with an annual budget for public, educational and governmental access operations, which budget is due June 30 of each calendar year. Approved unanimously Budget for Fiscal Year 2016 Budget $12,500.00 Description: The PEGASYS studio has a great deal of equipment that is 11–18 years old, and will need replacement as it fails. This might include studio cameras [$10,000 each], camera cabling [$2,000 each], the studio special effects generator/video switcher [$30,000), the studio audio system ($5,000), and any other equipment and associated items that the Access Oversight Committee deems necessary for the proper functioning of the PEGASYS Studio. TOTAL $12,500.00 A B C D E F G last update 5/8/15 Collection Expenditures per BALANCE PEG fees *TWC's Final Report Year 2004 $22,768.04 $19,372.15 $3,395.89 2005 $20,144.93 $14,814.73 $5,330.20 2006 $19,616.00 $0.00 $19,616.00 2007 $18,807.00 $19,338.81 ($531.81) 2008 $18,347.25 $11,749.14 $6,598.11 2009 $17,509.95 $21,102.13 ($3,592.18) 2010 $16,593.60 $17,433.96 ($840.36) 2011 $15,088.35 $9,589.92 $5,498.43 2012 $14,032.50 $4,254.78 $9,777.72 2013 $13,977.69 $22,956.23 ($8,978.54) 2014 $13,097.76 $30,000.00 ($16,902.24) 2015 $12,000.00 $30,000.00 ($18,000.00) 2016 $11,500.00 $12,500.00 ($1,000.00) Total $213,483.07 $213,111.85 $371.22 * PEG Fees = $.15/customer/month; 2004-current, per TWC reports, to be used for PEG equipment/facilities italics = estimate Column B Lines 31 and 33 = estimated revenues Column C Lines 29, 31 and 33 = AOC recommended but unexpended budgets Department of Public Information and Technology: 8.5 Taste of Thai Alcohol Permit Request - Resolution WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to utilize certain areas along the Primary Commons for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Taste of Thai Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2015, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8.6 Mia Noodle Bar and Restaurant Alcohol Permit Request - Resolution WHEREAS, the City Clerk has received a request to allow Mia Noodle Bar and Restaurant to utilize certain areas along the Primary Commons for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Mia Noodle Bar and Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2015, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mia Noodle Bar and Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 9. CITY ADMINISTRATION COMMITTEE: 9.1 Mayor – Request for Health Care Coverage for Officer Augustine - Resolution WHEREAS, Officer Anthony Augustine has been employed as a police officer by the City of Ithaca since January 31, 2007; and WHEREAS, during that time Officer Augustine has served commendably and bravely, to the benefit of the residents of the City and his fellow police officers, and the Mayor of the City of Ithaca expresses his deep thanks on behalf of the City and its residents to Officer Augustine for his years of service; and WHEREAS, on October 11, 2012, in the performance of his duties Officer Augustine was shot while pursuing a suspect on foot; and WHEREAS, Officer Augustine has received wages and benefits pursuant to General Municipal Law §207-c from the City since the date of the shooting; and WHEREAS, Officer Augustine underwent multiple operations, medical treatments, and physical therapy sessions in his attempts to return to work; and WHEREAS, despite Officer Augustine’s extensive and good faith efforts to rehabilitate the injuries suffered by him in the performance of his duties, he is incapable of carrying out the duties of a police officer; and WHEREAS, in May 2013 the City submitted both accidental and performance of duty disability retirement applications on Officer Augustine’s behalf pursuant to the New York State Retirement and Social Security Law (“Disability Retirement Application”) and is awaiting a decision on those applications; and WHEREAS, the City and Police Benevolent Association (PBA) are parties to an expired Collective Bargaining Agreement, dated January 1, 2008 through December 31, 2011 (“CBA”), the terms and conditions of which continue to govern Officer Augustine’s employment; and WHEREAS, Officer Augustine has requested that certain health care coverage not provided for in the CBA be extended to him upon the approval of one of the Disability Retirement Applications in light of his service and sacrifice; and WHEREAS, the City, Officer Augustine, and the PBA have negotiated a Memorandum of Agreement establishing the terms and conditions under which such health insurance would be extended, and Officer Augustine desires to enter into and support the Memorandum of Agreement as drafted; now, therefore be it RESOLVED, That Common Council acknowledges and commends Officer Augustine’s service to the City and his sacrifice in the line of duty; and, be it further RESOLVED, That the Mayor is authorized to sign the Memorandum of Agreement in a form substantially similar to the agreement reviewed by Common Council, and such other documents as may be required to give effect to the Memorandum of Agreement upon the advice of the City Attorney. M E M O R A N D U M To: Common Council From: Mayor Svante Myrick Date: July 8, 2015 Subject: Officer Augustine Health Insurance Retirement Accommodation As we are all aware, IPD Officer Augustine was shot in the line of duty on October 11, 2012, having served our City commendably and bravely since 2007. Since that time, Officer Augustine has valiantly and extensively worked to recover from his injuries, but those injuries continue to render him unable fully to carry out the duties of a police officer. The City has therefore sought to arrange for Officer Augustine a disability retirement with the State retirement system. The City has, of course, continued to fully pay Officer Augustine’s salary and provide ongoing benefits to date—under what might be called a form of short-term disability insurance for police officers, as reflected in New York General Municipal Law § 207-c (“§ 207-c Coverage”). § 207-c Coverage includes lifetime health care coverage that the City will provide for the injuries that Officer Augustine sustained in the line of duty. The question now before you is whether, during the course of Officer Augustine’s disability retirement, the City should also provide Officer Augustine with health care coverage unrelated to his service injuries. I believe that we should. I am therefore providing you with a resolution seeking Council’s approval for an agreement that I have offered to Officer Augustine, and that Officer Augustine has agreed to accept—all subject to the required Council approval. This agreement—which only takes effect upon the State’s anticipated grant of the pending disability retirement application—provides Officer Augustine with health care coverage unrelated to his service injuries through September 17, 2035. There is no price that we can put on the sacrifice that Officer Augustine has made for this City, nor can we ever make it up to him, but this makes me only more certain that we should provide him with comprehensive and long term health care in thanks for his service. I look forward to discussing with you. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 MAYOR’S OFFICE SVANTE L. MYRICK, MAYOR Telephone: 607-274-6501 Email: mayor@cityofithaca.org Fax: 607-274-6526 "An Equal Opportunity Employer with a commitment to workforce diversification." MEMORANDUM OF AGREEMENT Anthony Augustine (“Augustine”), the Ithaca Police Benevolent Association, Inc. (“PBA”), and the City of Ithaca (“City”) enter into the following Memorandum of Agreement (“Agreement”) to fully settle any and all outstanding issues related to Augustine’s employment and retirement, such Agreement for good and sufficient consideration as set forth more fully below and incorporating the terms of the attached General Release & Waiver: WHEREAS, Augustine has been employed as a police officer by the City of Ithaca since January 31, 2007; WHEREAS, during that time Augustine has served commendably and bravely, to the benefit of the residents of the City and his fellow police officers, and the Mayor of Ithaca expresses his deep thanks on behalf of the City and its residents to Augustine for his years of service; WHEREAS, on October 11, 2012, in the performance of his duties Augustine was shot while pursuing a suspect on foot; WHEREAS, Augustine has received wages and benefits pursuant to General Municipal Law Section 207-c from the City since the date of the shooting; WHEREAS, Augustine underwent multiple operations, medical treatments, and physical therapy sessions in his attempts to return to work; WHEREAS, despite Augustine’s extensive and good faith efforts to rehabilitate the injuries suffered by him in the performance of his duties, he is incapable of carrying out the duties of a police officer; WHEREAS, in May 2013 the City submitted both accidental and performance of duty disability retirement applications on Augustine’s behalf pursuant to the New York State Retirement and Social Security Law (“Disability Retirement Application”); WHEREAS the City and PBA are parties to an expired Collective Bargaining Agreement, dated January 1, 2008 through December 31, 2011 (“CBA”), the terms and conditions of which continue to govern Augustine’s employment; WHEREAS Augustine has requested that certain health care coverage not provided for in the CBA be extended to him in light of his service and sacrifice; and, WHEREAS, the parties have engaged in good faith negotiations concerning Augustine’s application for a disability retirement and the termination of his employment with the City; NOW THEREFORE, it is hereby stipulated and agreed that: 1. This Agreement shall bind the parties only in the event that one of the disability retirement applications filed by the City on Augustine’s behalf pursuant to the New York State Retirement and Social Security Law (collectively, “Disability Retirement Applications”) is granted. If both Disability Retirement Applications are denied in one or more determinations 1 having final effect, no party to this Agreement shall bear any responsibilities or liabilities whatsoever as a function of this Agreement. 2. The City shall provide Officer Augustine with family health care coverage without any payment of out-of-pocket premium contributions by Augustine, beginning on the day after Augustine’s employment ends due to the approval of one of the Disability Retirement Applications (“Retirement Date”) and Augustine’s subsequent removal from payroll, and continuing through September 17, 2035 (“Extended Health Insurance Coverage”). In return, Augustine and the PBA agree to the following: a. Augustine waives his right under Articles IV(C) and V(E) of the CBA to take a cash settlement for any paid leave time upon retirement. On the Retirement Date, Augustine shall automatically, irrevocably, and without need for further authorization relinquish to the City all hours of paid leave time that have accrued to Augustine. Augustine shall not use any paid leave time prior to the Retirement Date unless mutually agreed. b. Within twenty-one days following the Retirement Date, Augustine shall sign a general release and waiver, attached as Exhibit A (“Release”), which will be incorporated into this Agreement. c. Augustine agrees to comply with all requests from the City related to the Disability Retirement Applications within fourteen calendar days of the mailing of same, including but not limited to signing authorizations for the release of medical records. 3. If Augustine fails to sign the Release pursuant to paragraph 2(b) or comply with a request made pursuant to paragraph 2(c), and does not cure the failure within fourteen calendar days following the mailing of a notice from the City, or revokes his execution of the Release, Augustine shall not be entitled to the Extended Health Insurance Coverage. Paragraph 2(a) shall be null and void, Augustine shall be entitled to use his paid leave time to purchase retirement health insurance in accordance with the Collective Bargaining Agreement, and the City shall have no obligation to extend health insurance coverage to Augustine or his dependents except as otherwise provided by the Collective Bargaining Agreement. 4. The City shall not divulge the contents of Augustine’s official personnel file to prospective employers unless Augustine provides the City with a signed release to do so. The City’s Human Resources Department shall handle all such requests and will release only his dates of employment and salary. 5. Augustine and the PBA agree that this Agreement shall not set a precedent for the treatment of other employees nor shall it be construed in future matters as a past practice. 6. Augustine acknowledges that he has been fully and fairly represented by his attorney in connection with the instant matter, and that he has reviewed and fully understands this document, and that he signs it freely and voluntarily. This settlement has been made in accordance with the collective bargaining agreement applicable to Augustine’s employment by the City and no threats of reprisal or promises of special consideration were made by the City or 2 PBA representatives as an inducement to execute this settlement, the full terms of which are included herein. 7. The PBA covenants and agrees that this Agreement resolves and settles all claims it has concerning Augustine’s employment, and waives its right to pursue any further claims or actions against the City in any administrative forum or court related to Augustine’s employment. 8. Notices under this Agreement shall be given by first class mail to the addresses listed below. Augustine agrees to notify the City of any address changes, and agrees that a failure to provide such notice shall not render any notices mailed to his last known address ineffective. Director of Human Resources City of Ithaca 108 E. Green St Ithaca, NY 14850 Anthony Augustine 340 E. Miller Road Ithaca, NY 14850 9. This Agreement is binding upon and shall inure to the benefit of the parties hereto and to each other and their heirs, executors, administrators, trustees, representatives, successors, or assigns. 10. Each party represents and acknowledges that they have had such time as is deemed necessary to review, consider and deliberate as to the terms of this Agreement and to consult with their respective counsel regarding the claims addressed by, and consequences of signing, this Agreement. 11. For the purposes of construction, each party agrees to be treated as a drafter of this Agreement, and represents that it has had an equal opportunity to contribute to the language of this Agreement. 12. Should one or more of the provisions of this Agreement be found to be invalid, illegal, or unenforceable for any reason, the validity, legality, and enforceability of the remaining provisions contained herein shall not be impaired or affected in any way. 3 13. The terms of this Agreement constitute the complete understanding between the City, PBA, and Augustine regarding the matters set forth therein, and may only be modified by a subsequent written agreement signed by the City, PBA, and Augustine. Augustine acknowledges that no representative of the City or PBA made any promise or presentation regarding these matters that is not explicitly set forth in this Agreement. __________________________________ Dated: ________________________ Anthony Augustine Ithaca Police Benevolent Association By: _______________________________ Dated: ________________________ John Joly, President City of Ithaca By: _______________________________ Dated: ________________________ Svante L. Myrick, Mayor 4 EXHIBIT A GENERAL RELEASE & WAIVER (including any potential claims arising under the Age Discrimination in Employment Act (ADEA) or the Older Workers’ Benefit Protection Act (OWBPA)) Anthony Augustine (“Augustine”), in exchange for the good and valuable consideration set forth in the Memorandum of Agreement between Augustine, the Ithaca Police Benevolent Association, Inc., and the City of Ithaca (“City”), dated , 2015, agrees as follows: Augustine hereby forever releases and discharges the City and any and all of the City’s departments, divisions, affiliated entities, successors, and assigns, and any and all of its and/or their past and/or present common council members, directors, officers, employees, attorneys and agents (collectively, the “Releasees”), from any and all claims, demands causes of action, fees and liabilities of any kind whatsoever, whether known or unknown, which he ever had, now has or may have against the Releasees by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter occurring up to and including the date of this Effective Date of this General Release & Waiver (“Release”), except that Augustine specifically does not waive or release his right to future medical treatment of his October 11, 2012 injuries pursuant to General Municipal Law Section 207-c. Without limiting the generality of the foregoing, this Agreement and Release is intended to and shall release the Releasees from any and all claims, whether known or unknown, which Augustine ever had, now has, or may have against the Releasees, with respect to his employment by the City, the terms and conditions of such employment, and/or the resignation or termination of or retirement from his employment, including but not limited to any and all claims: (i) of age discrimination under the Age Discrimination in Employment Act (ADEA) and the Older Workers’ Benefit Protection Act; (ii) under Title VII of the Civil Rights Act of 1964; (iii) under the Americans with Disabilities Act and/or the Rehabilitation Act of 1973; (iv) under the Family and Medical Leave Act; (v) under the Equal Pay Act; (vi) under the New York Human Rights Law; (vii) under the United States Constitution and/or the New York Constitution; (viii) under the New York Civil Service Law or General Municipal Law (except as reserved above); (ix) relating to any contract for past employment, any failure to offer employment, any representations or commitments made by the City regarding future employment, and the conclusion of his employment with the City and benefits payable by the City; (x) under municipal, state and federal contract or tort law, including but not limited to claims for wrongful discharge, constructive discharge, breach of the implied covenant of good faith and fair dealing, fraud, intentional interference with contract, intentional interference with prospective economic relations, negligent or intentional infliction of emotional distress, defamation, and failure of due process; (xi) based on any federal, state, or local law, ordinance, or regulation (whether statutory or decisional); and (xii) for attorneys’ fees, costs, or disbursement. Excluded from this release are any claims that may arise after the Effective Date of this Release. Augustine expressly agrees and understands that this release applies to all unknown, unsuspected and unanticipated claims, liabilities and causes of action which he may have against the City or any of the other Releasees. Augustine acknowledges that he has been given a period of twenty-one (21) days to review and consider this Release before signing it. Augustine further understands he may use as much of this twenty-one (21) day period as he wishes prior to signing and returning the signed Release to the City. Augustine understands that should he elect to sign this Release, he has a period of seven (7) days following his signing of the Release during which he may revoke his execution thereof, and he further understands that the Release will not become effective or enforceable until the day after the seven (7) day revocation period has expired (“Effective Date”). Such a revocation, to be effective, must be in writing and received by the City’s Human Resources Department, 108 E. Green St, 2nd Floor, Ithaca, N.Y. 14850, no later than 11:59 p.m. the day prior to the Effective Date. Should Augustine revoke his execution of this Release, this Release will be rendered null and void. Augustine understands that the claims that he is giving up and releasing do not include his vested rights, if any, under any qualified retirement plan in which he participates, COBRA, unemployment compensation, and workers’ compensation rights, if any. Augustine acknowledges and affirms that: (i) the City advises that he consult with an attorney of his choice before signing this Agreement and Release; (ii) the consideration provided by the Agreement and Release exceeds any benefit or other thing of value to which he is otherwise entitled under any policy, plan, or procedure of the City or pursuant to any agreement or contract with the City; and (iii) he has read this Agreement and Release in its entirety, he understands that it contains a full and final release of all claims that he has or may have against the City up to the Effective Date, and he knowingly and voluntarily agrees to all the terms and conditions contained herein. _______________________________ Dated: _____________________ Anthony Augustine STATE OF NEW YORK ) )ss.: COUNTY OF TOMPKINS ) On this ___day of , 20___, before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony Augustine, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. ____________________________________ 9.2 Ithaca Police Department (IPD) Request for Approval of Lateral Transfers to IPD From Other Police Departments or Sheriff’s Office - Resolution WHEREAS, the City of Ithaca and the Ithaca Police Benevolent Association, Inc. (“PBA”), are parties to a collective bargaining agreement (“CBA”) for the period January 1, 2008 through December 31, 2011, the terms and conditions of which remain in effect by operation of state law; and WHEREAS, the Ithaca Police Department currently has six funded but vacant police officer positions; and WHEREAS, under the CBA a lateral transfer hired from another police department or sheriff’s office receives the same starting pay as an officer who has not previously worked as a police officer, even though IPD must pay for officers who lack prior experience to attend the police academy; and WHEREAS, the parties desire to improve IPD’s ability to hire lateral transfer officers to fill the vacant officer positions by increasing the starting salary for such officers; and WHEREAS, the increased salary is offset by a reduction in academy and other training costs that IPD is not required to spend when hiring a lateral transfer; now, therefore be it RESOLVED, That the Mayor is authorized to sign a Memorandum of Agreement with the PBA substantially similar to that included herewith, increasing the starting salaries for officers who have completed at least one year of full-time employment as a sworn officer for a municipal police department or sheriff’s office in New York State prior to being hired by the City. MEMORANDUM OF AGREEMENT WHEREAS, the City of Ithaca (“City”) and the Ithaca Police Benevolent Association, Inc. (“PBA”), are parties to a collective bargaining agreement (“Agreement”) for the period January 1, 2008 through December 31, 2011, the terms and conditions of which remain in effect by operation of state law; and WHEREAS, the parties desire to improve the Ithaca Police Department’s ability to hire lateral transfer officers by increasing the starting salary for such officers; and WHEREAS, the increased salary is offset by a reduction in academy and other training costs that the Department is not required to spend when hiring a lateral transfer; and WHEREAS, the parties wish to amend certain provisions of the Agreement; NOW, THEREFORE, it is hereby agreed by and between the PBA and the City as follows: 1. Article III, Compensation, Section A (entitled Salary) of the Agreement is amended to read as follows: All sworn officers shall receive the salary benefits set forth in Appendix A of this Agreement; provided, however, that all officers who transfer pursuant to Section 70 of the New York State Civil Service Law on or after June 29, 2015 who were employed as sworn officers within the six months prior to their appointment and who have completed a minimum of one year of full-time service as a sworn officer in a Municipal or County police department or sheriff’s office in New York State shall be hired: (i) at the Step 2 rate of pay if the officer has completed at least one year of such service; or (ii) at the Step 3 rate of pay if the officer has completed at least five years of such service. 2. The sole purpose of this amendment is to provide such officers with a higher salary upon their initial appointment with the Ithaca Police Department to reflect their past experience as a police officer. For all other purposes, including but not limited to selection of vacation, overtime distribution, and longevity payments, in accordance with Article XII, Section B a lateral transfer’s seniority date shall be his or her date of hire as a member of the Ithaca Police Department, except where otherwise required by law. 3. This Memorandum of Agreement shall expire on the effective date of any successor collective bargaining agreement entered into by the parties or an interest arbitration award. Any lateral transfers hired after such expiration shall be hired at the Step 1 salary unless the successor agreement, arbitration award, or other agreement by the parties incorporates the substance of this Memorandum of Agreement. 1 4. This Memorandum of Agreement shall be effective retroactive to June 29, 2015. CITY OF ITHACA ______________________________ Svante L. Myrick, Mayor ______________________________ Dated ITHACA POLICE BENEVOLENT ASSOCIATION, INC. ______________________________ John Joly, President ______________________________ Dated 2          Back‐Up Item 9.2  7/22/15    Dear Members of Common Council,  At a recent meeting of the Workforce Diversity Advisory Committee we discussed the proposed  Memorandum of Understanding regarding ‘lateral transfers’. We understand the intent of potentially  saving the City money in training new recruits and expanding opportunities to recruit experienced  officers. We would like to ensure, however, that the Council also carefully considers the potential  impacts on our diversity and inclusion goals. While not universally true, in many area police forces there  tends to be little diversity on police forces in many areas. One possibility is that the lateral transfer  policy will advantage groups which are already advantaged in obtaining careers as law enforcement  officers. This would, without very thoughtful implementation, lead to results which are in direct  opposition of our adopted workforce goals.  When one looks at previous IPD lateral transfers, the vast majority have been white (95%) men (89%).  While there are certainly opportunities to recruit and attract women and People of Color, as well as  those from other under‐represented groups (LGBTQ as one example), this has not been the historic  pattern. We would appreciate a thorough discussion of how this policy will be implemented to ensure  that the strongest benefit does not continue to be provided to those who already have the greatest  advantage in the system, along with adopted policies to institutionalize this intent. The Workforce  Diversity Advisory Committee is available to help with this discussion and to advise on such policies and  would be happy to undertake this work at our next meeting.  We apologize for not being part of the conversation earlier but we were not made aware of this MOU  until our meeting on July 16, 2015.  Given the outcomes mentioned above and Common Council's stated  commitment to diversity and inclusion,  we are asking Council to ensure that proper and effective  strategies are implemented to eliminate the barriers that prohibit success in attracting a more diverse  transfer pool. We also recommend that Council review the demographic data on a regular basis.  Thank you  Sincerely,  The Workforce Diversity Committee:  Liz Vance, Co‐Chair   Schelley Michelle‐Nunn, Director HR  Sue Kittell, Co‐chair   Lynette Chapel‐Williams, Community Rep  Cynthia Brock, Council Liaison  Audrey Cooper, Community Rep  Ray Benjamin, Deputy Superintendent Nancy Bereano, Community Rep  Fabina Colon, Community Rep  Kevin Sutherland, Chief of Staff      9.3 A Local Law Entitled “2015 Sidewalk Improvement District Amendments Concerning Lots with Two Single-Family Homes” Local Law No. ____-2015 WHEREAS, the City has five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and assesses each property located in each SID pursuant to a formula for the benefits received by the property from said local improvements; and WHEREAS, the formula in part uses Property Classification Codes administered by the Tompkins County Department of Assessment to classify lots containing a single one- or two-family home as Low Foot Traffic Lots; and WHEREAS, a small number of lots that contain two separate one-family homes are currently assessed as Non-Low Foot Traffic Lots; and WHEREAS, Common Council concludes that assessing these properties a fee equal to the total fee assessed to two lots each containing a one-family home more accurately reflects the benefits from the sidewalk construction and repair received by these properties; and WHEREAS, pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements; now, therefor BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council concludes that certain adjustments to the SID assessment formula are appropriate. The Common Council makes the following findings of fact: A. A lot with two separate one-family homes is currently defined under the SID assessment formula as a Non-Low Foot Traffic Lot, even though the benefit it receives from the SID system is roughly equivalent to the benefit received by two lots that each contain a one-family home. B. To better reflect the benefit received from the SID system by these lots, it is equitable to assess these lots the total amount that would be assessed if each one-family home were on its own lot. Section 2. Charter Amendments. Section C-73(C)(1) of the Ithaca City Charter is hereby amended as follows: LOW-FOOT-TRAFFIC LOTS Those lots, qualifying neither as sliver lots nor as non-developable lots, with a Property Class Code of 210, 215, 220, 240, 250, 270, 311, or 312, or substantially identical successor designations. SITE CLASS CODE The property type classification code, as defined by the New York State Office of Real Property Services in the Assessors’ Manual, or such other substantially similar documentation later produced by that office, assigned to each residence on a Lot with more than one residence by the Tompkins County Department of Assessment, as may be updated by that Department from time to time. DOUBLE-LOW-FOOT-TRAFFIC LOTS Those lots with a Property Class Code of 280 or 281, or substantially identical successor designations, and with two residences that each have a Site Class Code of 210, 215, 240, 250, or 270. Section C-73(C)(2)(a) is hereby amended as follows: Square Footage Fee. The Square Footage Fee for all Low-Foot-Traffic Lots and Double-Low-Foot-Traffic Lots shall be $0.00. For all other Lots, the Lot’s Square Footage Fee shall be equal to the Lot’s Building Square Footage times $0.015. Section C-73(C)(2)(b) is hereby amended as follows: Frontage Fee. The Frontage Fee for all Low-Foot-Traffic Lots and Double-Low- Foot-Traffic Lots shall be $0.00. For all other Lots, the Frontage Fee shall be $30.00 for each fifty-five (55) feet of Front Feet or portion thereof. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law or of those portions of Section C-73 not amended by this Local Law. Section 4. Effective and Operative Date. This Local Law shall take effect January 1, 2016, provided it is first filed in the office of the Secretary of State, or upon filing in the office of the Secretary of State thereafter. This Local Law is subject to referendum on petition pursuant to Municipal Home Rule Law Section 24. M E M O R A N D U M To: Common Council From: Ari Lavine, City Attorney Date: July 3, 2015 Subject: Amendments to the Sidewalk Improvement District Assessment Formula for Certain Lots Containing Two Single-Family Homes _________________________________________________________________ As you know, the Sidewalk Improvement District system contains a formula by which each property in a SID is assessed for the benefit received by that property from sidewalk construction and repair occurring in the district. The program has been a success thus far; this year alone, nearly two miles of sidewalk will be built, funded in an equitable manner. As with any new program, minor tweaks have been required. The SID system was originally enacted in 2013 with a formula that primarily distinguished between Low Foot Traffic Lots (i.e., lots with a one- or two-family home) and non-Low Foot Traffic Lots. In 2014, amendments were made to the assessment formula to more accurately assess vacant, sliver, and non-developable lots for the benefits those lots receive from a high-quality sidewalk network. This year, property owners of certain lots containing two single-family homes have requested a modification in the formula. These properties often have a single-family home and a carriage house with an apartment. The Department of Assessment classifies these properties as ones with more than one residential building, and then assigns each residence on the property with its own property classification code. Under the current formula, these properties are assessed as Non- Low Foot Traffic Lots, even though the benefit received by the properties is arguably closer to that received by two lots, each with a single-family home. The proposed amendment would classify these lots as Double-Low-Foot-Traffic Lots, provide for an Annual Maintenance Fee of $140 (double the fee for a Low Foot Traffic Lot), and set the Frontage and Square Footage Fees at $0 (as is the case for Low Foot Traffic Lots). Under this amendment, we estimate 13 or 14 lots to be reclassified, with a reduction in overall sidewalk benefit assessments of approximately $1,200 per year. This amendment also makes a technical correction to Section C-73, including lots with a property classification code of 270. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-6590 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant 9.4 Reaffirming Support for a Single-Payer Approach to Controlling Health- Care Costs and Ensuring Everyone is Covered and Urging the New York State Assembly and Senate to Enact the New York Health Act A.5062 (Gottfried)/S.3525 (Perkins) WHEREAS, the City of Ithaca Common Council supports a single-payer approach to health-care coverage for New York State; and WHEREAS, a single-payer approach, as the name implies, only federalizes how healthcare providers are paid, leaving the choice of doctors and hospitals completely up to each individual and the choice of treatment up to each patient and his/her doctor; and WHEREAS, access to health care continues to be a major concern for all Americans and New York State residents (with over one million currently uninsured and a growing number underinsured); and WHEREAS, healthcare costs continue to rise at rates above inflation and, under current conditions, the share of state income spent on health care and the administration of the health care system will rise to 18 percent by 2024, much faster than incomes are rising; and WHEREAS, the Common Council continues to believe that controlling health-care costs and ensuring health care for all residents are both of paramount importance; and WHEREAS, the simplest approach is to move directly from the current multiple-payer approach, with its high costs of administration, marketing, and profits for shareholders of the many insurance companies, to a single-payer system, where the government is the insurer of all, a system used in other industrialized democracies; and WHEREAS, New York Health would generate savings by replacing the complicated, costly, and often chaotic claims procedure currently employed by thousands of public and private insurance providers, with a simple, one-stop single-payer system for all claims; and WHEREAS, Senator Bill Perkins and Assemblyman Richard Gottfried have introduced the New York Health Act, A.5062 (Gottfried)/S.3525 (Perkins), which would establish a comprehensive universal health insurance program for all New Yorkers, with access to medical services and providers of their choice, without regard to age, income, health, or employment status, and would impact both individual and public-health outcomes; and WHEREAS, New York Health will replace the current multi-payer system of employer- based insurance, individually-acquired insurance, and federally sponsored programs (e.g. Medicare and Medicaid) with a single-billing system funded by progressively- graduated assessments collected by the State and based on ability to pay; and WHEREAS, New York Health will be publicly financed by two assessments based on ability to pay (a progressively graduated state payroll tax similar to the Medicare tax on payroll and self-employment income, and a surcharge on non-employment income (e.g. interest, dividends, capital gains); and WHEREAS, New York Health will pool all health revenue sources (e.g. assessments, federally-matched public health programs, Affordable Care Act subsidies, and other revenue sources) into a dedicated New York Health Trust Fund and pay Providers directly; and WHEREAS, New York Health will reduce billing expenses, administrative waste, monopolistic pricing of drugs and medical devices, and fraud, overall health care spending would be reduced by 15 percent or $45 billion per year by 2019; and WHEREAS, New York Health will reduce healthcare costs for government, public school districts, businesses, and individuals in New York State, eliminate the “local share” funding of Medicaid that has been such a financial burden for County property taxpayers, and eliminate out-of-pocket expenses, insurance premiums, insurance co- pays, and deductibles (98 percent of New Yorkers will pay less for their health care than they do today; and businesses, especially small businesses, will benefit from reduced costs); and WHEREAS, the April 2015 Economic Analysis of New York Health, by Gerald Friedman, Professor and Chair of the Economics Department, University of Massachusetts at Amherst, reports savings from reduced health care spending in the amount of $71 billion (most savings are from eliminating private health insurance overhead and profits, reducing doctor and hospital billing and insurance-related expenses, eliminating uncompensated care from health providers, public hospitals and health centers, and decreasing drug and medical device costs with enhanced negotiating power); and WHEREAS, the April 2015 Economic Analysis of New York Health reports a net savings of $44.7 billion, after projected program improvements and expansion of $25 billion for increased utilization due to universal coverage, expanded and more comprehensive health benefits, Medicaid and Medicare rate equity (increased provider reimbursement), unemployment insurance and job transition and retraining for lost insurance billing and claims jobs; and WHEREAS, New York Health would expand the network of providers to ensure continuity of care, and include a more comprehensive healthcare-benefits package that includes preventive care, primary care, specialist, hospital care, rehabilitation care, occupational therapy, physical therapy, mental health care, dental care, vision and hearing care, reproductive health care, prescription drugs, and medical supplies/devices (a requirement for the development of a long-term care financing and benefits plan is included in the proposed legislation); and WHEREAS, New York Health would save enough in unnecessary costs to pay for the costs of universal health care coverage for all, extending coverage to all the uninsured and underinsured for basic necessary medical care, and would provide a more comprehensive benefits package at significantly less cost than the one offered through recent federal legislation; now, therefore be it RESOLVED, That the City of Ithaca Common Council strongly supports adoption of the New York Health Act, A.5062 (Gottfried)/S.3525 (Perkins); and, be it further RESOLVED, That the Common Council urges the New York State Legislature and the Governor recognize the widespread support for a new public approach, understand there is no stronger measure New York could take to cut our property taxes than to pass this bill into law, and take the opportunity to accomplish this major and long- needed reform; and, be it further RESOLVED, That the City Clerk send certified copies of this resolution to Governor Andrew Cuomo, Senators John Flanagan, Jeffrey Klein, Kemp Hannon, Andrea Stewart-Cousins, Bill Perkins James Seward, Michael Nozzolio, and Tom O’Mara, and Assemblymen Carl Heastie and Richard Gottfried, and Assemblywoman Barbara Lifton; and, be it further RESOLVED, That the City of Ithaca Common Council lends its voice to other municipalities within Tompkins County who have adopted similar resolutions and forwarded those to the Governor and appropriate State representatives. 9.5 Finance - Approval of 2013 City Single Audit – Resolution (additional back- up information will be distributed under separate cover) RESOLVED, That the Independent Auditor’s Report for the period January 1, 2013, through December 31, 2013, prepared by the accounting firm of Ciaschi, Dietershagen, Little, Mickelson & Company, LLP, be accepted to comply with all the City’s applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single-audit requirements. 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Brock - Resolution to Select Artwork for a Mural Installation in the Dryden Road Parking Garage WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city, while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art by resolution on May 19, 2010, and the City’s Dryden Road Parking Garage was added to this list of approved locations by the Board on July 14, 2014; and WHEREAS, the City’s Parking Division has requested that the PAC seek multiple murals for the Dryden Road Parking Garage to enliven dark areas within the garage while also deterring graffiti and reducing ongoing maintenance costs, and nine murals were previously selected for installation by Common Council on December 3, 2014; and WHEREAS, Dennis and Maria Bauser submitted a proposal for a mural featuring a character releasing butterflies and dragonflies, as part of the PAC’s Mural and Street Art Program; and WHEREAS, the mural was originally proposed for installation on the Columbia Street Pedestrian Bridge, but based on input from the Natural Areas Commission, the PAC sought alternate locations for the mural and believes the Dryden Road Parking Garage is an appropriate site; and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on June 24, 2015 and July 22, 2015 to gather input on the proposed installation, and the majority of the responses to the proposal have been positive; and WHEREAS, the artists will donate their time and materials to install the mural, and the installation will be budget-neutral to the City; and WHEREAS, at its meeting on July 22, 2015, the Public Art Commission voted to recommend that the Common Council select Dennis and Maria Bauser’s mural to be installed in the Dryden Road Parking Garage; now, therefore; be it RESOLVED, That the City of Ithaca Common Council selects Dennis & Maria Bauser’s mural featuring a character releasing butterflies and dragonflies, as recommended by the Public Art Commission, to be installed in the Dryden Road Parking Garage and to be added to the City of Ithaca’s public art collection; and, be it further RESOLVED, That the selected artists may proceed with the installation of the mural upon the execution of an agreement with the City as reviewed by the City Attorney. SINNED - Ithaca Mural Design Insect Detail COLOR PALETTE Description The intention of this mural is to celebrate the city of Ithaca, a place that is home to many of our friends & family and has been so warm and welcoming to me & my wife over the years. This piece reects the beauty and mystique of nature, the character extends his arms, he’s open and inviting while butteries and dragonys are released from his hands, reecting his relationship with nature. I want it to feel like you’ve found a treasure when you come across it. Hopefully this will turn an empty wall into a place of inspiration and visual pleasure. *All of the materials for this project would be donated by Ready Set Inc., New York Citys leading Set Building Company. Past Murals Pier 57, Manhattan, NYC 2013 Welling Court Mural Project, Queens NY 2014 Welling Court Mural Project, Queens NY 2013 Art In The Air, Brooklyn, NY 2014 14. MAYOR’S APPOINTMENTS: 14.1 Reappointments to Commons Advisory Board – Resolution RESOLVED, That Kris Lewis be reappointed to the Commons Advisory Board with a term to expire December 31, 2017; and, be it further RESOLVED, That Nancy Brooks be reappointed to the Commons Advisory Board with a term to expire December 31, 2017; and, be it further RESOLVED, That Michael Perehinec be reappointed to the Commons Advisory Board with a term to expire December 31, 2017; and, be it further RESOLVED, That Joseph Wetmore be reappointed to the Commons Advisory Board with a term to expire December 31, 2017. 14.2 Reappointment to Public Art Commission – Resolution RESOLVED, That Sally Grubb be reappointed to the Public Art Commission with a term to expire June 30, 2018.