HomeMy WebLinkAboutMN-B&A-1994-08-24 BUDGET AND ADMINISTRATION COMMITTEE
REGULAR MEETING 7 :30 P.M. AUGUST 24, 1994
MINUTES
Present:
Committee Members: Booth, Shenk Gray
Committee Member Excused: Johnson
Others Present:
Mayor Nichols
City Controller Cafferillo
Deputy Controller Thayer
City chamberlain Parsons
City Attorney Guttman
Deputy Building Commissioner Radke
Asst. City Attorney Kennedy
Fire Chief Wilbur
Deputy Planning Director Sieverding
Youth Bureau Activities Coordinator Green
Members of the media/public
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1 . Opening Comments:
Chairperson Booth stated that the following changes were made
to the agenda:
A. An additional report on Domestic Partnership Benefits .
B. An additional Planning Department item on the Wal-Mart
EIS.
C. An additional Fire Department item on the Town Fire
Contract.
D. An additional Attorney item involving possible
litigation.
E. An additional report on the 1995 Other Community Service
funding.
F. The deletion of the Smoke/Heat Ordinance item.
Members of the Public were asked to speak; the following member
spoke:
Will Kone (203 Madison Street) - Spoke as a
representative of Change New York. Mr. Kone stated that
he supported term limits for alderpersons and state
legislators . He explained that he hoped B & A would
forward the term limit resolution to Common Council. He
discussed the media coverage relative to local and New
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
York State political races.
2 . Building Department
A. Request to Amend 1994 Personnel Roster
Deputy Building Commissioner Radke presented a request to
amend the Building Department Personnel Roster by adding
one part-time typist and deleting one Part-time Account
Clerk/Typist. Radke explained that the Building
Department will have an upcoming vacancy in its part-time
Account Clerk/Typist position. She explained that this
position is important to the department because of the
responsibility for extensive maintenance of Building
Department records.
Radke stated that the department would like to take this
opportunity to change the title to typist, because many
of this individual' s duties are closely related to those
normally held by a person in a typist position. She
stated that the department would like to fill this
position as soon as possible. She explained that the
Civil Service Commission still needs to review the
requested position' s duty statement, which will be done
at their next meeting.
Radke also requested that the position be filled at the
maximum salary amount of $8, 320 per year. She stated
that the funds will be derived from the Department' s
budget. Radke explained that the maximum salary was
requested in an attempt to hire an experienced individual
for the position.
Controller Cafferillo stated that the Personnel Office
would have to perform a review of the salary range as it
relates to other similar City positions . He explained
that the review will be done at a later date.
After a brief discussion, the following motion was made:
WHEREAS, the Building Department will have an upcoming vacancy
in its part-time Account Clerk/Typist position, and
WHEREAS, this Account Clerk/Typist position is important in
helping the Building Department properly maintain its records,
and
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
WHEREAS, the department utilizes this Account Clerk/Typist
position in a manner that more closely relates to a Typist
position; now, therefore, be it
RESOLVED, That the 1994 Personnel Roster of the Building
Department be amended as follows:
Add: One ( 1 ) typist (Part-time)
Delete: One ( 1) Account Clerk/typist (Part-time)
and be it further
RESOLVED, That said personnel roster amendments are contingent
on approval by the Civil Service Commission.
The motion passed 3-0.
B. Collection of Building Permit Fees
Deputy Building Commissioner Radke stated that the
Building Department would like to receive a portion of
the pre-plan review fees for Building Permits to offset
the actual cost of the pre-plan review. She explained
that department personnel spend a great deal of time with
developers respecting various permit applications .
Radke stated that the Building Department has not yet
established any proposal for this pre-application fee.
City Attorney Guttman stated that the reason a proposal
had not been developed was due to the lack of solid
numbers from the Building Department.
Mayor Nichols expressed his concern over the division of
the permit tasks and the fee between the Building
Department and the Planning Department. He stated that.
the fees will all be collected and placed into the
General Fund. He stated he was in favor of a pre-
application fee.
The Committee suggested that the Building Department look
at the possibility of a pre-application fee for larger
building permits and come back at a future meeting with
a proposal. No formal action was taken.
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
3 . Finance/Chamberlain
A. Recommendation to Deny Waiver of Tax Penalty
City Chamberlain Parsons presented a request from the
property owner of 203 Fair Street to waive a $12 . 74
penalty stemming from the late payment of taxes. Parsons
explained to the Committee that the property owner did
not receive the tax bill until July 12, 1994, due to the
fact that the mortgage for the property had already been
paid. Parsons stated that the Real Property Tax Law
specifically states that the property owner is
responsible for notifying the Chamberlain if the tax bill
was not received. Parsons recommended to the Committee
that the tax penalty not be expunged.
After a discussion regarding the penalty circumstances,
the following motion was made:
WHEREAS, the property owner of 203 Fair Street has requested
expungement of the penalties in the amount of $12 .74 owed to
the City for late payment of the second installment of City
taxes due June 30, 1994, and
WHEREAS, the City Chamberlain and the Budget and
Administration Committee have reviewed written documentation
from the property owner relating to the late payment of City
taxes; now, therefore, be it
RESOLVED, That based upon the recommendation of the City
Chamberlain, the request to waive the tax penalty is denied.
The motion passed 3-0 .
B. Recommendation to Deny Waiver of Tax Penalty
City Chamberlain Parsons presented a request from the
property owner of 218 Utica Street to waive a $12 .54
penalty due to the late payment of taxes . Parsons stated
that the property owner simply forgot to pay his taxes on
time, but paid the taxes the very next day, incurring a
$12 .54 penalty. Parsons explained that the Real Property
Tax Law specifically states that the tax payer is
responsible for paying the taxes on time.
After a brief discussion regarding the circumstances, the
following motion was made:
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
WHEREAS, the property owner of 218 Utica Street has request
expungement of tax penalties in the amount of $12 .54 owed to
the City for late payment of the second installment of City
taxes due June 30, 1994, and
WHEREAS, the City Chamberlain and the Budget and
Administration Committee have reviewed written documentation
from the property owner relating to the late payment of City
taxes; now, therefore, be it
RESOLVED, That based upon the recommendation of the City
Chamberlain, the request to waive the tax penalty is denied.
The motion passed 3-0.
C. Request to Amend 1994 Personnel Roster
City Chamberlain Parsons presented a request to amend the
1994 Finance personnel roster by deleting a Senior
Account Clerk/typist position and adding an Account
Clerk/Typist position. Parsons explained that currently
the Traffic Violation roster consists of a Senior Account
Clerk/Typist 40 hours per week position, and an Account
Clerk 35 hours per week position. She explained that
recent and planned changes to the duties assigned to
office personnel will allow her to distribute work so
that the Account Clerk in the Chamberlain' s Office will
assume the supervisory and higher level duties currently
assigned to the Senior Account Clerk/Typist. Parsons
also explained that the addition of the Account
Clerk/Typist position will allow the Chamberlain' s Office
additional flexibility for counter and telephone
coverage.
After discussion concerning the positions involved, the
following motion was made:
WHEREAS, the Chamberlain has recommended that the existing
Traffic Violations Senior Account Clerk/Typist position in the
Traffic Violations Department be deleted from the roster and
that the supervisory duties related to that position be
allocated to the Senior Account Clerk in the Chamberlain' s
Office, and
WHEREAS, with the deletion of the Senior Account Clerk/Typist
position the Traffic Violations Department would need an
Account Clerk/Typist position to allow additional flexibility
for counter and telephone coverage; now, therefore, be it
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
RESOLVED, That the 1994 Personnel Roster in the Traffic
Violations Department be amended as follows:
Add: One (Account Clerk/Typist (40 hours)
Delete: One (1) Senior Account Clerk/
Typist (40 hours)
The motion passed 3-0.
4. City Attorney - Term Limit Discussion
City Attorney Guttman discussed the term limit issue with
the Committee. Chairperson Booth stated that the City
has received a petition from the community to place term
limits on the November ballot. The petition did not
include the required percentage of voters from the last
gubernatorial election as mandated by New York State law.
However, the City has said it will discuss this issue
even without the required percentage.
Attorney Guttman stated that if Council passes a local
law to amend the City Charter, then term limits could be
changed. He stated that the Council does not have the
authority to go to a referendum without the required
percentage of signatures . Guttman cited various cases to
support his conclusion.
Will Kone stated that he has been in touch with cities
and counties in the state which are placing the term
limit issue on the ballot without the required percentage
of signatures . Kone stated that the cases cited by the
City Attorney are old. He suggested that this issue be
forwarded to Common Council for a vote.
The Committee stated that more information is needed
before a vote is taken on the issue. The consensus of
the Committee was against term limits, but the Committee
will make a report at the Committee Of the Whole meeting.
The City Attorney will continue further research into
this issue. No action was taken.
5 . Finance/Controller - Payroll Deduction for Environmental
Federation of New York Discussion
Chairperson Booth introduced Ronald Kim, Executive
Director, of the Environmental Federation of New York.
Mr. Kim requested being placed on the agenda to discuss
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
the possibility of the City' s designating the
Environmental Federation of New York as an additional
payroll deduction for City employees .
Kim explained that the Federation was established in 1991
by 16 groups, who are all concerned with environmental
issues in New York State. He stated that the Federation
now has 44 groups involved state-wide. He stated that
the Federation is currently a payroll deduction choice
with New York State employees, and that the employee' s
deduction is used only for New York environmental issues,
not national environmental issues . Kim stated that the
Federation is also listed as a payroll deduction for many
cities, colleges and private businesses . He stated that
the Federation can do various presentations to City
employees, explaining the various issues and possible
payroll deduction, if necessary.
Kim discussed the payroll deduction procedure and
possible one-time payment method with the Committee.
Melissa Seigal, Executive Director of United Way of
Tompkins County, stated that she was observing and
gathering information about the Federation. She
explained that the City should be concerned about the
criteria for an organization which the City will include
as a possible payroll deduction or one-time gift by City
employees. Seigal stated that there are many other
federations and organizations that may seek the
opportunity to allow City employees to donate. She gave
the following list of possible information for an
organization to submit to the City in order to be
considered for placement on the list of potential City
deductions:
1 . How the organization is governed.
2 . How the organization serves local people.
3 . How local people are involved in the organization.
4 . Whether the organization is registered in New York
State.
5 . Whether service on the Board of Directors is
voluntary or paid.
6 . What type of administration and accountability the
organization has .
7 . What the organization' s fundraising costs are.
8 . Whether the organization is not-for-profit.
9 . Whether the gift is tax deductible.
Seigal explained to the Committee that the United Way of
Tompkins County meets all of the above criteria.
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
Discussion regarding the Federation request continued.
The Committee agreed that the City should establish
criteria for which organizations will be allowed to be
placed on the City' s list of possible deductions.
The Committee also agreed that the Personnel
Administrator should consult with the City' s unions
regarding the payroll deduction gift issue. No formal
action was taken.
6 . Youth Bureau - Request to Amend 1994 Personnel Roster
Youth Bureau Activities Coordinator Green presented a
request to amend the 1994 personnel roster by deleting
one part-time Youthworker position and one part-time
Volunteer Coordinator position, and adding one full-time
Youth Development Program Leader position.
Green explained that the Youth Bureau is reorganizing the
staffing of the Paul Schreurs Memorial Program to allow
the program to become more efficient and result in
significant savings without compromising the quality of
the program. Green stated that two part-time employees
will be leaving the Paul Schreurs Program soon, and the
Youth Bureau is anxious to fill their positions before
school starts in September.
Green explained that the Youth Bureau would like to fill
the positions with one full-time position, which will
result in a savings of approximately $2,000 for 1994 with
the reduction of salary and fringe benefits . The
following motion was made:
WHEREAS, the Youth Bureau will soon have vacancies in two
part-time positions in the Paul Schreurs Memorial Program, and
WHEREAS, the Youth Bureau is recommending that one full-time
position replace the two part-time positions, which will
result in approximately $2, 000 in fringe benefit savings for
1994 without compromising the quality of the Paul Schreurs
Program; now, therefore, be it
RESOLVED, That the 1994 Personnel Roster in the Youth Bureau
be amended as follows :
Add: One ( 1) Full-time Youth Development
Program Leader (35 hours)
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
Delete: One ( 1) Part-time Youth Worker (25 hours)
One ( 1) Part-time Volunteer
Coordinator (28 hours)
and be it further
RESOLVED, That said personnel roster amendments are contingent
upon the approval by the Civil Service Commission.
The motion passed 3-0 .
7 . Attorney - Request to Extend Tax Sale Redemption Period
City Chamberlain Parsons and City Attorney Guttman
presented a request to extend the tax sale redemption
period for the properties at 106 North Meadow Street and
602 West State Street. Guttman explained to the
Committee that the 602 West State Street property had a
sale pending, which failed to transpire and now a
foreclosure action must be taken. He stated that the
attorney for Fleet Bank, which represents the property,
must complete all preliminary foreclosure work, including
an environmental report, prior to the foreclosure.
Guttman explained that the attorney for Fleet needs
additional time to finish the foreclosure work, and
obtain a court-ordered judgement to permit the payment of
the property taxes . He stated that Fleet Bank has
requested an extension of the tax sale redemption period
until February, 1995 to allow the bank to obtain the
court-ordered judgement for the property at 602 West
State Street. The outstanding balance on the taxes for
602 West State Street is $25,000 .
Guttman stated that the redemption date for the other
property, 106 North Meadow Street, is November, 1995 .
The Committee agreed that the property at 106 North
Meadow Street did not need an extension.
The following motion was made, including a direction to
the Attorney' s Office to determine if this extension
approval creates a liability to the City:
WHEREAS, Fleet Bank, which represents the successor in
interest to the mortgage of 602 West State Street, has
requested an extension of several months to permit redemption
of said property, and
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
WHEREAS, the City Chamberlain and the Budget and
Administration Committee have reviewed written documentation
requesting an extension for property redemption at 602 West
State Street; now, therefore, be it
RESOLVED, That Fleet Bank be permitted to redeem the property
at 602 West State Street up to February 26, 1995, for the
total lien amount outstanding, plus additional interest,
penalty and related costs through the date of redemption.
Voting results on the motion were as follows :
Ayes (2 ) Booth, Gray
Nays ( 1) Shenk
The motion passed 2-1, and will be sent to the COW meeting.
8 . 1995 SPCA Contract Discussion
Pamela Stonebraker, Executive Director of the SPCA,
presented a request for a proposed 1995 SPCA contract
with the City in the amount of $39, 102 . Stonebraker
explained that this would be an increase of $1, 102 over
the SPCA contract with the City for 1994 . She stated
that the increase is necessary to cover inflationary
expenses. She stated that the contract was not increased
in 1992, 1993, or 1994. Stonebraker explained that the
SPCA is now providing dog control county-wide on a town-
by-town basis.
Stonebraker stated that the SPCA raises significant
revenues to help defray the cost of dog control,
including the following:
A. Impoundment fees are collected when stray dogs are
redeemed.
B. Fines are levied in response to appearance tickets .
C. Local license fees are collected by the SPCA' s
follow-up of monthly license lists .
The City' s dog enumeration status and the SPCA contract
were discussed. City Controller Cafferillo stated that
the City' s failure in recent years to complete a dog
enumeration process was caused by a lack of individuals
to actually perform the door-to-door enumeration.
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
Chairperson Booth stated that the increase in the SPCA
contract seemed reasonable, but this item will be
discussed during the 1995 budget process . No formal
action was taken.
9 . Fire Department
A. Fire Contract with Town of Ithaca Discussion
Fire Chief Wilbur stated that the fire contract between
the Town of Ithaca and City of Ithaca has been handled by
the City' s Inter-institutional Committee. City
Controller Cafferillo explained that a resolution to
approve the fire contract is being requested contingent
on the approval of the contract at the Town Board meeting
in September.
The Committee voted, 3-0, to place the fire contract on
the next COW meeting for discussion and approval. The
Committee felt that it would be easier to discuss this
issue when everyone is in attendance.
B. Committee to Proceed into Executive Session
The Committee voted, 3-0, to move into executive session
to discuss the current status of the firefighter contract
negotiations .
C. Report from Executive Session
After the Committee voted, 3-0, to move back into regular
session, Chairperson Booth reported that the Committee
received an update on the status of the firefighter
contract negotiations from Assistant City Attorney
Kennedy and City Controller Cafferillo. No action was
taken.
10 . Planning Department
A. Request to Provide Funds for FEIS/Findings Statement for
Wal-Mart Project
Deputy Planning Director Sieverding presented a request
to use $17,500 in Unrestricted Contingency Funds to
prepare the Final Environment Impact Statement and
Findings Statement for the proposed Wal-Mart Project, and
to hire a stenographer to prepare a transcript of the
Wal-Mart Public Hearing.
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
Sieverding stated that the Planning and Development
Board, as lead agency, is responsible for preparing the
Final Environmental Impact Statement (FEIS) . He
explained that the FEIS is the document which responds to
all substantive comments made during the public hearing.
Sieverding also stated that the FEIS is followed by a
Findings Statement, which documents the Planning and
Development Board' s decision on the application. He
stated that the FEIS must be prepared within 45 days
after the close of the public hearing, and the Findings
Statement must be prepared within 30 days of filing the
FEIS. The Planning Department is recommending that
Clough-Harbour Associates be retained to prepare the FEIS
and the Findings Statement. It was noted that Clough-
Harbour is preparing the DEIS review on the Wal-Mart
Project. A discussion followed regard the statements and
documents needed.
Sieverding stated that a $15,000 fee estimate for the
FEIS and Findings Statement has been established. He
also stated that a stenographer should be used to prepare
a transcript of all the comments from the Public Hearing.
The cost for the stenographer is $2,500 . Sieverding
explained that the FEIS will include all of the
following:
1 . A review of all comments made during the public
hearing, and a summary of all substantive issues .
2 . A review and finalization of the issue list with
the Planning Board and staff, which will be sent to
the applicant.
3 . A review and analysis of the responses .
4 . A meeting with the Planning Board and staff to
develop FEIS.
Sieverding explained the Findings Statement as follows:
1 . The firm will work with the Planning Board and
prepare a draft Findings Statement.
2 . The draft Findings Statement will be reviewed by
the Planning Board.
3 . The firm will prepare a final Findings Statement.
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
After discussion regarding the work, the following motion
was made:
WHEREAS, the Planning and Development Board, as the lead
agency for the environmental review of the proposed Wal-Mart
Project, is responsible for preparing the Final Environmental
Impact Statement (FEIS) respecting said project, and
WHEREAS, the FEIS document will have to respond to all
substantive comments made during the public hearing, and
WHEREAS, The City' s SEQR ordinance requires that both the FEIS
document and the Findings Statement must be completed within
forty-five (45) days following the Public Hearing, and
WHEREAS, the Planning Department has recommended that the firm
of Clough-Harbour Associates be retained to prepare the FEIS
document and the Findings Statement at a cost not to exceed
$15, 000, and
WHEREAS, a Stenographer needs to be retained by the City to
prepare a transcript of all comments made during the Wal-Mart
project public hearing at a cost not to exceed $2,500; now,
therefore, be it
RESOLVED, That an amount not to exceed $17,500 be transferred
from Account A1990 Unrestricted Contingency to Account A8020-
435 Planning Contracts for the purpose of: (a) retaining the
firm of Clough-Harbour Associates to prepare the Final
Environmental Impact Statement and Findings Statement for the
proposed Wal-Mart Project for an amount not to exceed $15,000
and (b) retaining a Stenographer to prepare a transcript of
the public hearing for an amount not to exceed $2,500.
The motion passed 3-0 .
B. Request to Approve Mutual Housing Association Refinance
Proposal
Paul Mazzarella, Executive Director of the Ithaca
Neighborhood Housing Services ( INNS) presented a request
to approve a Mutual Housing Association refinancing
proposal. Mazzarella stated that INHS has applied to the
Neighborhood Housing Services of America (NHSA) for a
refinancing of the loan made by INHS to MHA for
construction funds for Phase I of the Northside Mutual
Housing Development. He explained that the City holds a
$90, 000 third mortgage on the property. Mazzarella
explained that INHS is seeking relief from the City' s
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
requirement that no more than $425, 000 in debt be placed
in front of the City' s mortgage. He stated that INHS is
requesting that the City amend its existing position so
that $469,000 in mortgages may be placed in front of the
City' s third mortgage.
The original Phase I financing for the Northside Mutual
Housing Development was as follows:
First Position: INHS $212,000
Second Position: Federal Home
Loan Bank 207,830
Third Position: City of Ithaca 90,000
Fourth Position: INHS 50,000
The following positions and amounts are proposed:
First Position: INHS $262,000
Second Position: FHLB 207,830
Third Position: City of Ithaca 90,000
Mazzarella stated that INHS has committed $200,000 of the
proposed proceeds from the NHSA refinance to Phase II of
the Mutual Housing Development. He explained that the
remainder of the refinancing will be added to the
revolving loan fund to assist low-income homeowners and
homebuyers .
A brief discussion regarding the refinance option
followed. The following motion was made:
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) has
applied for and received tentative approval from the
Neighborhood Housing Services of America, Inc. (NHSA) for a
refinancing of the loan made by INHS to the Mutual Housing
Association of Tompkins County for construction of Phase I of
the Northside Mutual Housing Development, and
WHEREAS, the City of Ithaca holds a $90, 000 third mortgage on
the Phase I construction of the Northside Mutual Housing
Development, and
WHEREAS, the City originally established the requirement that
no more than $425,000 of debt be placed in front of the City's
mortgage on Phase I of the Northside Mutual Housing
Development, and
WHEREAS, INHS ' s refinancing of the Northside Mutual Housing
Development Phase I loan would result in the placement of a
total of $469,000 of debt in front of the City' s mortgage, and
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
WHEREAS, INNS will commit $200, 000 of the anticipated proceeds
from the NHSA refinancing to Phase II of the Northside Mutual
Housing Development, which decision will benefit the city by
expanding the supply of affordable housing; now, therefore, be
it
RESOLVED, That Ithaca Neighborhood Housing Services, Inc. be
allowed to place a total of $469,000 of debt in front of the
City' s third position mortgage on the loan for construction
funds for Phase I of the Northside Mutual Housing Development.
the motion passed 3-0.
11. Department of Public Works
A. Request to Release Funds from Contingency Fund for
Transit ADA
Superintendent of Public Works Gray presented a request
to release $10,000 of Restricted Contingency funds to
fund the City' s portion of the 1994 Transit American
Disability Act Compliance Plan (ADA) . Gray stated that
these funds were placed in restricted contingency during
the 1994 budget process.
Gray explained that two of the other participants in the
Transit Facility (i.e. , Cornell and Tompkins County) will
also place $10,000 each into the I.T.T.C. Budget for the
ADA plan. He stated that these funds will be used to pay
for the ADA coordinator position at the transit facility
and assist in the development of the ADA Compliance Plan.
The following motion was made:
WHEREAS, $10,000 was placed in restricted contingency in the
1994 Budget for the purpose of funding the City of Ithaca' s
portion of the 1994 Transit American Disability Act Compliance
Plan, and
WHEREAS, the funds have been requested by Ithaca Transit in
relation to the Ithaca Tompkins Transit Center for the purpose
of establishing an ADA Compliance Plan, and
WHEREAS, the other Ithaca Tompkins Transit Center entities,
Cornell University and Tompkins County, are funding similar
amounts to satisfy the Transit ADA requirement; now,
therefore, be it
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
RESOLVED, That the $10,000 placed in Restricted Contingency
Account A1990 be released and transferred to Account A5630-435
Bus Operation Contracts for the purpose of funding the
establishment of the 1994 Transit ADA Compliance Plan.
The motion passed 3-0 .
B. Request for Policy in Fee Determination
Superintendent of Public Works Gray presented a request
from the Board of Public Works to have the Budget and
Administration Committee review various current fees and
determine if the fees need to be adjusted. Gray
explained that the DPW has a number of fees being charged
for various licenses and permits that may not adequately
reflect the current cost of providing those items .
Chairperson Booth stated that a spreadsheet of the
current and proposed DPW fees _ should be created and
brought back to the B & A Committee for discussion at a
later date. Superintendent Gray stated that he would
provide such a schedule. No formal action was taken.
C. Transit Budget Discussion
Superintendent of Public Works Gray reported that the
Ithaca Transit Budget needs to be examined due to two
buses with blown transmissions. Gray explained that each
transmission failure will cost between $7, 000 - $12,000.
He stated that he will come back to B & A next month with
more detail on the Transit Budget.
D. DPW Personnel Item Discussion
Superintendent of Public Works Gray stated that the City
Forester recently resigned, and the Department will want
to fill this position within the next two months . Gray
stated that- he may need to transfer some funds to a
contract line to get some of the necessary work done
during the interim. It was noted that if the transfers
were under $5, 000, the Controller' s Office could approve
the transfers. Gray stated he will review the situation
further and report back to B & A. Alderperson Shenk was
excused for the remainder of the meeting.
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BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
12 . Committee to Proceed into Executive Session
The Committee voted, 2-0, to move into executive session
to discuss several litigation issues .
13 . Report from Executive Session
After the Committee voted, 2-0, to move back into regular
session, Chairperson Booth reported that the following
action was taken during the executive session:
A. Attorney - Request to Transfer Funds for Litigation
RESOLVED, That an amount not to exceed $3, 000 be transferred
from Account A1990 Unrestricted Contingency to Account A1420-
425 Law Office Expense for the purpose of funding litigation
fees.
The motion passed 2-0 .
B. Attorney - Possible Litigation
Chairperson Booth reported that Assistant City Attorney
Kennedy discussed with the Committee the current status
of litigation involving a City department and the City' s
insurance company. No formal action was taken.
C. Attorney - Bankruptcy Retainer Discussion
Chairperson Booth reported that Assistant City Attorney
Kennedy discussed with the Committee possible litigation
involving a bankruptcy issue. No action was taken. This
issue will be placed on the COW meeting for discussion
with the Common Council.
14 . Finance/Controller
A. Request to Approve City Investment Policy
Deputy City Controller Thayer presented a request to the
Committee to approve the City' s updated investment
policy. Thayer explained that Common Council approved a
written investment policy on November 2, 1988. He
explained that under General Municipal Law, the policy
must be updated and approved by Council. Thayer
presented the Committee with a draft of the revised
investment policy. He explained that the investment
policy detailed the City' s operative policy to City
officers and staff regarding the investing, monitoring
and reporting of cash.
17
BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
The Committee discussed the policy and suggested minor
wording changes to the agreement. The Committee voted,
2-0, to approve the investment policy with the wording
changes and to send it to the COW for approval. (As
attached to these minutes)
B. Request to Provide Funds for 1994 City Employee
Recognition Picnic
Deputy Controller Thayer presented a request to transfer
$2,500 from the Unrestricted Contingency account for the
1994 City Employee Picnic. Thayer stated that the 1994
picnic will be held on Friday, September 16, 1994,
starting at 1 :00 P.M.
The Committee agreed that the picnic was a worthwhile
City event, and the following motion was made:
WHEREAS, the 1994 City of Ithaca Employee Recognition Picnic
will be held on Friday, September 16, 1994 starting a 1 : 00
P.M. ; now, therefore, be it
RESOLVED, That an amount not to exceed $2,500. 00 be
transferred from the unrestricted contingency account A1990 to
Account A1430-440 in order to pay for the 1994 City of Ithaca
Employee Recognition Picnic.
The motion passed 2-0.
C. Request to Accept 1993 Annual Financial Report
City Controller Cafferillo presented the Committee with
the City's 1993 internal financial report. Cafferillo
requested that the Committee formally approve the
financial report as has been done on an annual basis .
After the Committee reviewed various aspects of the
report, the following motion was made:
RESOLVED, That the 1993 Annual Financial Report prepared by
the Finance Department be accepted as presented.
The motion passed 2-0 .
D. Request to Approve Domestic Partnership Benefit Affidavit
City Controller Cafferillo presented a request to approve
a Domestic Partnership Benefit Affidavit. Cafferillo
stated that Blue Cross/Blue Shield has agreed to allow
domestic partners to be included under the City' s health
insurance coverage. He explained that for the City to be
18
S
BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
able to cover the domestic partners, a partner must
complete the proposed Affidavit of Domestic Partnership.
Cafferillo presented the Committee with a draft affidavit
for discussion. He explained that most of the affidavit,
which the State is requiring the City to use, conforms to
the City' s Domestic Partnership Ordinance. He explained
that the only difference between the ordinance and the
affidavit is the question regarding the proof of economic
and financial interdependence. Cafferillo stated that
the interdependence question is required by the State
Insurance Department. He stated that the Mayor has filed
a request of waiver for proof of the interdependence
issue with the State Insurance Department. A discussion
regarding the proposed affidavit followed.
The Committee and the Mayor were very concerned about the
proof of interdependency for domestic partners, and the
fact that this is an additional requirement on domestic
partners not normally required of married couples. After
a discussion concerning the waiver, the following motion
was made:
WHEREAS, State Insurance Department guidelines for the
inclusion of domestic partners in municipal health insurance
programs require an affidavit of economic interdependency to
be completed by members of domestic partnerships who seek such
health insurance coverage, and
WHEREAS, said prescribed State Insurance Department affidavit
includes a provision requiring two (2 ) items of proof showing
financial interdependency not required in the City' s Domestic
Partnership Ordinance, and
WHEREAS, a request of waiver from the provision requiring the
showing of two (2) forms of financial interdependency has been
filed by the Mayor with the State Insurance Department because
this condition constitutes an unreasonable demand not required
of married couples receiving family health coverage under the
City' s existing program; now, therefore, be it
RESOLVED, That the prescribed Domestic Partnership affidavit
(copy attached) developed in conjunction with Blue Cross/Blue
Shield, the City' s health program administrator, be hereby
approved, and be it further
RESOLVED, That this resolution shall include the Mayor' s
letter (dated August 10, 1994; copy attached) filed with the
State Department of Insurance requesting a waiver from the
provision requiring two (2 ) items of proof respecting
19
b
• r
BUDGET & ADMINISTRATION COMMITTEE MEETING AUGUST 24, 1994
financial interdependency, and be it further
RESOLVED, That should the Mayor' s request for a waiver by the
State Department of Insurance be granted, this matter shall be
reviewed and brought back to Common Council by the Budget and
Administration Committee.
The motion passed 2-0 .
15. Other Community Service Report
Alderperson Gray reported that the Other Community
Service sub-committee met and reviewed 19 of 25 requests
for the 1995 Other Community Service funding. Gray
stated that recommendations for funding will be made at
the next COW meeting. No formal action was taken.
16 . Budget Priorities
The Committee briefly discussed some of their 1995 Budget
priorities. These included:
A. a small tax increase for 1995, and
B. expenditures related to dealing with the City' s
crime problems .
The meeting adjourned at 11 :45 P.M.
NOTE: In many cases the actual texts of the resolutions
presented in these minutes were prepared following the
Committee' s deliberations and decisions on the matters
involved. The resolutions presented here are in complete
accord with decisions made by the Committee.
20
INVESTMENT POLICY
FOR CITY OF ITHACA
Adopted: November 1, 1988
Revised: August 24, 1994
I. SCOPE
This investment policy applies to all moneys and other
financial resources available for investment on its own behalf or
on behalf of any other entity or individual .
II. OBJECTIVES
The primary objectives of the City of Ithaca' s investment
activities are, in priority order,
• to conform with all applicable federal, state and other
legal requirements (legal) ;
• to adequately safeguard principal (safety) ;
• to provide sufficient liquidity to meet all operating
requirements (liquidity) ; and
• to obtain a reasonable rate of return (yield) .
III. DELEGATION OF AUTHORITY
The Common Council ' s responsibility for administration of the
investment program is delegated to the City Controller and/or City
Chamberlain who shall establish written procedures for the
operation of the investment program consistent with these
investment guidelines. Such procedures shall include an adequate
internal control structure to provide a satisfactory level of
accountability based on a data base or records incorporating
1
k'r
description and amounts of investments, transaction dates, and
other relevant information and regulate the activities of
subordinate employees .
IV. PRUDENCE
All participants in the investment process shall seek to act
responsibly as custodians of the public trust and shall avoid any
transaction that might impair public confidence in the City of
Ithaca to govern effectively.
Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence discretion
and intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the safety of
the principal as well as the probable income to be derived.
All participants involved in the investment process shall
refrain from personal business activity that could conflict with
proper execution of the investment program, or which could impair
their ability to make impartial investment decisions.
V. DIVERSIFICATION
It is the policy of the City of Ithaca to diversify its
deposits and investments by financial institution, by investment
instrument, and by maturity scheduling.
VI. INTERNAL CONTROLS
It is the policy of the City of Ithaca for all moneys
2
collected by any officer or employee of the government to transfer
those funds to the City Chamberlain within 2 days of collection, or
within the time period specified in law, whichever is shorter. -
The City Controller and/or City Chamberlain is responsible for
establishing and maintaining an internal control structure to
provide reasonable, but not absolute, assurance that deposits and
investments are safeguarded against loss from unauthorized use or
disposition, that transactions are executed in accordance with
management' s authorization and recorded properly, and are managed
in compliance with applicable laws and regulations .
Vii. DESIGNATION OFDEPOSITARIES
The banks and trust companies authorized for the deposit of
monies up to the maximum amounts are:
Depository Name Maximum Amount Officer
Tompkins County Trust Co. $25,000, 000 Francis E. Benedict
Fleet Bank $ 500,000 Paul D. LeBlanc
Viii. COLLATERALIZING OF DEPOSITS
In accordance with the provisions of General Municipal Law,
§10, all deposits of city of Ithaca, including certificates of
deposit, repurchase agreements and special time deposits, in excess
of the amount insured under the provisions of the Federal Deposit
Insurance Act shall be secured by at least one of the following:
3
1 . By a pledge of "eligible securities" with an aggregate
"market value" as provided by GML §10, equal to the
aggregate amount of deposits from the categories
designated in Appendix A to the policy.
2 . By an eligible "irrevocable letter of credit" issued by
a qualified bank other than the bank with the deposits in
favor of the government for a term not to exceed 90 days
with an aggregate value equal to 140% of the aggregate
amount of deposits and the agreed upon interest, if any.
A qualified bank is one whose commercial paper and other
unsecured short-term debt obligations are rated in one of
the three highest rating categories by at least one
nationally recognized statistical rating organization or
by a bank that is in compliance with applicable federal
minimum risk-based capital requirements .
3 . By an eligible surety bond payable to the government for
an amount at least equal to 100% of the aggregate amount
of deposits and the agreed upon interest, if any,
executed by an insurance company authorized to do
business in New York State, whose claims-paying ability
is rated in the highest rating category by at least two
nationally recognized statistical rating organizations .
IR. SAFEKEEPING AND COLLATERALIZATION
Eligible securities used for collateralizing deposits shall be
held by Tompkins County Trust Company, Fleet Bank, and First
4
National Bank of Chicago subject to security and custodial
agreements .
The security agreement shall provide that eligible securities
are being pledged to secure City of Ithaca deposits together with
agreed upon interest, if any, and any costs or expenses arising out
of the collection of such deposits upon default. It shall also
provide the conditions under which the securities may .be sold,
presented for payment, substituted or released and the events which
will enable the local government to exercise its rights against the
pledged securities . In the event that the securities are not
registered or inscribed to the City of Ithaca, such securities
shall be delivered in a form suitable for transfer or with an
assignment in blank to the City of Ithaca or its custodial bank.
.The custodial agreement shall provide that securities held by
the bank or trust company, or agent of and custodian for, the City
of Ithaca, will be kept separate and apart from the general assets
of the custodial bank or trust company and will not, in any
circumstances, be commingled with or become part of the backing for
any other deposit or other liabilities. The agreement should also
describe that the custodian shall confirm the receipt, substitution
or release of the securities . The agreement shall provide for the
frequency of revaluation of eligible securities and for the
substitution of securities when a change in the rating of a
security may cause ineligibility. Such agreement shall include all
provisions necessary to provide the local government a perfected
interest in the securities .
5
X. PERMITTED INVESTMENTS
As authorized by General Municipal Law, §11, the City of
Ithaca authorizes the City Controller and/or City Chamberlain to
invest moneys not required for immediate expenditure for terms not
to exceed its projected cash flow needs in the following types of
investments:
• Special time deposit accounts;
• Certificates of deposit;
• Repurchase Agreements;
• Obligations of the United States of America;
• Obligations guaranteed by agencies of the United States
of America where the payment of principal and interest
are guaranteed by the United States of America;
• Obligations of the State of New York;
• Obligations issued pursuant to LFL §24.00 or 25.00 (with
approval of the State Comptroller) by any municipality,
school district or district corporation other than the
City of Ithaca;
• Obligations of public authorities, public housing
authorities, urban renewal agencies and industrial
development agencies where the general State statutes
governing such entities or whose specific enabling
legislation authorizes such investments .
• Certificates of Participation (COPS) issued pursuant to
GML §109-b.
6
• Obligations of the City of Ithaca, but only with any
moneys in a reserve fund established pursuant to GML S§6-
c, 6-d, 6-e, 6-g, 6-h, 6-j , 6-k, 6-1, 6-m, or 6-n.
All investment obligations shall be payable or redeemable at
the option of the City of Ithaca within such times as the proceed--
will be needed to meet expenditures for purposes for which the
moneys were provided and, in the case of obligations purchased with
the proceeds of bonds or notes, shall be payable or redeemable at
the option of the City of Ithaca within two years of the date of
purchase.
Xi. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
The City of Ithaca shall maintain a list of financial
institutions and dealers approved for investment purposes and
establish appropriate limits to the amount of investments which can
be made with each financial institution or dealer. All financial
institutions with which the City of Ithaca conducts business must
be credit worthy. Banks shall provide their most recent
Consolidated Report of Condition (Call Report) at the request of
the City of Ithaca. Security dealers not affiliated with a bank
shall be required to be classified as reporting dealers affiliated
with the New York Federal Reserve Bank, as primary dealers . The
City Controller and/or City Chamberlain is responsible for
evaluating the financial position and maintaining a listing of
proposed depositaries, trading partners and custodians. Such
listing shall be evaluated at least annually.
7
XII. PURCHASE OF INVESTMENTS
The City Controller and/or City Chamberlain is authorized to
contract for the purchase of investments:
1 . Directly, including through a repurchase agreement, from
an authorized trading partner.
2 . By participation in a cooperative investment program with
another authorized governmental entity pursuant to
Article 5G of the General Municipal Law where such
program meets all the requirements set forth in the
Office of the State Comptroller Opinion No. 88-46, and
the specific program has been authorized by the governing
board.
3. By utilizing an ongoing investment program with an
authorized trading partner pursuant to a contract
authorized by the governing board.
All purchased obligations, unless registered or inscribed to
the City of Ithaca, shall be purchased through, delivered to and
held in the custody of a bank or trust company. Such obligations
shall be purchased, sold or presented for redemption or payment by
such bank or trust company only in accordance with prior written
authorization from the officer authorized to make the investment.
All such transactions shall be confirmed in writing to the City of
Ithaca by the bank or trust company. Any obligation held in the
custody of a bank or trust company shall be held pursuant to a
written custodial agreement as described in General Municipal Law,
§10 .
8
The custodial agreement shall provide that securities held by
the bank or trust company, as agent of and custodian for, the local
government, will be kept separate and apart from the general assets
of the custodial bank or trust company and will not, in any
circumstances, be commingled with or become part of the backing for
any other deposit or other liabilities. The agreement shall
describe how the custodian shall confirm the receipt and release of
the securities . Such agreement shall include all provisions
necessary to provide the City of Ithaca a perfected interest in the
securities .
XIII. REPURCHASE AGREEMENTS
Repurchase agreements are authorized subject to the following
restrictions :
• All repurchase agreements must be entered into subject to
a Master Repurchase Agreement.
• Trading partners are limited to banks or trust companies
authorized to do business in New York State and primary
reporting dealers.
• Obligations shall be limited to obligations of the United
States of America and obligations of agencies of the
United States of America where principal and interest are
guaranteed by the United States of America.
• No substitution of securities will be allowed without the
written consent of the City of Ithaca.
9
APPENDIX A
Schedule of Eligible Securities
Yes (i) obligations issued, or fully insured or guaranteed as to the
payment of principal and interest, by the United States of America,
an agency thereof or a United States government sponsored
corporation.
No (ii) Obligations issued or fully guaranteed by the International
Bank for Reconstruction and Development, the Interamerican
Development Bank, the Asian Development Bank, and the African
Development Bank.
Yes (iii) obligations partially insured or guaranteed by any agency of
the United States of America, at a proportion of the Market Value of
the obligation that represents the amount of the insurance or
guaranty.
Yes (iv) Obligations issued or fully insured or guaranteed by the State
of New York, obligations issued by a municipal corporation, school
district or district corporation of such State or obligations of any
public benefit corporation which under a specific State statue may
be accepted as security for deposit of public moneys.
No (v) Obligations issued by states (other than the State of New York)
of the United States rated in one of the three highest rating
categories by at least one nationally recognized statistical rating
organization.
No (vi) obligations of Puerto Rico rated in one of the three highest
rating categories by at least one nationally recognized statistical
rating organization.
No (vii) Obligations of counties, cities and other governmental
entities of a state other than the State of New York having the
power to levy taxes that are backed by the full faith and credit of
11
such governmental entity and rated in one of the three highest
rating categories by at least one nationally recognized statistical
rating organization.
No (viii) Obligations of domestic corporations rated in one of the two
highest rating categories by at least one nationally recognized
statistical rating organization.
No (ix) Any mortgage related securities, as defined in the Securities
Exchange Act of 1934, as amended, which may be purchased by banks
under the limitations established by bank regulatory agencies.
No (x) Commercial paper and bankers' acceptances issued by a bank,
other than the Bank, rated in the highest short term category by at
least one nationally recognized statistical rating organization and
having maturities of not longer than 60 days from the date they are
pledged.
No (xi) Zero coupon obligations of the United States government
marketed as "Treasury strips".
12
_ w
V~� `•. '
i .rC
CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE
OF
MATELEPHONE:274-65
CODE 507
August 10, 1994
Donna Freireich, Esq.
General Counsel
State Insurance Department
160 West Broadway
New York, New York 10013-3393
Dear Ms Freireich:
In 1990 the City of Ithaca passed an ordinance allowing
individuals to register with the City of Ithaca as domestic
partners. Earlier this year after Superintendent Curiale's
statement of September 29th, that health insurance policies could
include domestic partners, the City of Ithaca passed an ordinance
providing that in all City labor contracts, when determining when
an employee is entitled to receive health insurance benefits for
the employee or the employee's family, a domestic partner of the
employee as defined by the City of Ithaca Code shall be treated
as if he/she were the spouse of the employee.
When individuals register with the- City of Ithaca as
domestic partners they sign a notarized affidavit of domestic
partnership. I am enclosing for your reference a copy of the
form. Please note that in paragraph 9 the persons that sign
agree that if any person/employer/company suffers any loss
because of a false statement contained in the affidavit, they
bring a civil action against the signers to recover their losses,
including reasonable attorney's fees. In paragraph 10 the
individuals certify unddr penalty of perjury that the statements
are ,true and correct.
The City of Ithaca is self insured with respect to providing
health care benefits. The provision of health care benefits is
administered by Blue Cross.
"An Equal Opportunity Employer with an Affirmative Action Program"
Donna Freireich -2- August 10, 1994
When we contacted Blue Cross to advise them that we wanted
the domestic partners of our employees to be covered, we were
advised that when enrolling the domestic partners they would, in
addition to having to execute the City of Ithaca affidavit of
domestic partnership, attach two items of proof showing financial
interdependence. We have specifically been advised that the
requirement of showing two items of proof of financial
interdependence is a requirement imposed by the State Insurance
Department. I do not believe such a requirement is either fair
or reasonable.
If an employee wishes to have his spouse or dependents
covered for medical benefits, the employee does not need to show
any documentary proof. The employee is not required to produce a
copy of the marriage license. The City and insurance carriers
simply take his:/her word that they are married. Similarly, when
a dependent is covered there is no requirement of documentary
proof as to the age of the dependent; whether they are going to
school or whether they are sufficiently supported. The insured's
word is simply taken. Why should it be otherwise for domestic
partners?
In point of fact, the domestic partners will be signing a
sworn notarized statement which is filed under penalty of
perjury. Generally the purpose of having a statement notarized
is to impress on the signer the seriousness of the statement
adding the language that is being certified under penalty of
perjury also reduces the likelihood of fraudulent statements
being filed.
I assume that it could be argued that the affidavit of
domestic partnership is a self serving statement. However, the
proposed items of proof showing financial interdependence such as
a joint bank account or joint credit card being joint obligors on
a minimal loan, etc. are also self serving statements. They do
not actually show financial interdependence. Further, these
joint arrangements go beyond any that are required of married
couples.
I believe that a sworn notarized statement made under
penalty of perjury that the two individuals are each other's sole
domestic partner and are economically interdependent is at least
as likely to be a reliable form of proof of the financial
interdependence. In addition, as a matter fairness, it is not
reasonable to require domestic partners to produce documentary
evidence when no one else is required to produce documentary
evidence as to their marital status or who their dependents are.
According, I request that the State Insurance Department allow,
as an alternative to the productions of two items of proof
showing financial interdependence, that the applicant submit a
sworn notarized affidavit certified under penalty of perjury.
Donna Freireich -3- August 10, 1994
If you have any further questions or comments regarding this
matter, please do not hesitate to contact me. Please advise me
at your earliest convenience as to what position the State
Insurance Department will take in this matter.
Very tmy your
Benjamin Nichols
Mayor
BN/cw
Enclosure
-AUG-24-94 WED 7:44 BLUE CROSS FAX NO. 3154484999 P. 02
State of Nov York AFFIDAVIT
County of Tompkins of
Domestic Partnership
We declare under penalty of perjury that the following statements are true and correct:
1. we, and currently live
together.
2. We are both 18 years of age or older and mentally competent to enter into a contract.
3. Neither of us is married.
4. We intend to continue to live together and are committed to the care and support of each
other.
5. We are each others sole domestic partner and each has no other domestic partner and we
intend to remain each other's sole domestic partner.
6. We are not related by blood closer than would bar marriage in the State of New York,
7. We are not in our relationship solely for the purpose of obtaining health care coverage.
S. We understand that another Affidavit of Domestic Partnership cannot be filed until,6
months after a Statement of Termination of Domestic Partnership of a previous
partnership has been filed with the Clerk for the City of Ithaca.
9. We are economically interdependent. We attach the following 2 items of proof showing
our financial interdependence:
— a joint checking, bank or investinent account.
— a joint credit card.
— joint obligor on a loan,
— joint ownership of a residence.
— joint appearance as tenants on the lease for our residence.
joint ownership of a motor vehicle.
PW 1 a12
�JU L"t. V'4 f`ILV . "'s'[ L.ILVL V31V..J.J L 1111 11V. Ji J`t'tV"fVVV i . UJ
executors or beneficiaries of each others'wills.
durable powers of attorney for each other.
health care agents for each other.
a life insurance policy of one designating the other as a beneficiary.
a retirement benefits account of one designating the other as a beneficiary.
Name Name
(P&O fim Mi"O wt Oft) rwa C u+t
address address
signature signature
Sworn-pro before me this day of . 191
Notary Public
7144 DPA-1
Pap 2 o(2