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HomeMy WebLinkAbout08-04-10 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, August 4, 2010, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Fire Department - Request to Amend 2010 Budget for New York State Grant – Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Finance/Controller’s Office - Approval of 2008 Single Audit Report - Resolution 9.2 IURA - Declaration of Lead Agency – Downtown Commons Upper Story Housing Project, Authorize Use of ‘Gateway’ Proceeds for a Short-Term Loan from the Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution 9.3 IURA Environmental Determination - Downtown Commons Upper Story Housing Project, Authorize Use of Gateway Proceeds for a Short-Term Loan from the Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution 9.4 IURA - Downtown Commons Upper Story Housing Project, Authorize Use of ‘Gateway’ Proceeds for a Short-Term Loan From the Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution 9.5 Common Council - Extension of the Suspension of the City of Ithaca’s Apprenticeship Policy - Resolution 9.6 Department of Public Works- Request to Approve Funding Match for TIGER II Grant Application - Resolution 9.7 Attorney’s Office - Request for Additional Funding for Special Counsel – Resolution 9.8 Finance/Controller’s Office - Authorization to Enter into an Agreement with the Greater Tompkins County Municipal Health Insurance Consortium - Resolution 9.9 Finance/Controller’s Office - Authorization to Contribute to the Reserves of the Greater Tompkins County Municipal Health Insurance Consortium - Resolution (Note: Please bring your copy of the agreement from CA agenda packet) Common Council Agenda August 4, 2010 Page 2 9. CITY ADMINISTRATION COMMITTEE - Continued: 9.10 City Controller’s Report 9.11 Possible Motion to Enter Into Executive Session to Discuss Labor Negotiations – Resolution 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend The City Of Ithaca Municipal Code Chapter 325, Entitled “Zoning,” To Correct Inconsistencies Within the Zoning Ordinance Pertaining to Rear-Yard Setbacks. 10.2 Declaration of Continued Emergency and Authorization of New and Improved Temporary Fences on Gorge Bridges - Resolution 11. REPORTS OF SPECIAL COMMITTEES: 11.1 Reports from Working Groups on Capital Planning, Charter and Code Issues, Performance Measures, and Parking Issues 12. NEW BUSINESS: 12.1 Alderperson Coles - Floral Avenue Property Boundary (resolution to be distributed under separate cover) 12.2 Alderperson Dotson - Authorization to Commence Procedure to Acquire Permanent Easements For Public Purposes, and to Retain Special Counsel (with possible motion to enter into Executive Session to discuss same) (resolution to be distributed under separate cover) 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Appointments to Ithaca Housing Authority Board – Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the July 7, 2010 Regular Common Council Meeting Minutes - Resolution 18.2 Approval of the July 14, 2010 Special Common Council/BPW Meeting Minutes – Resolution Common Council Agenda August 4, 2010 Page 3 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: July 30, 2010 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Fire Department - Request to Amend 2010 Budget for New York State Grant – Resolution WHEREAS, the City of Ithaca is the lead recipient of a 2009 New York State Office of Homeland Security Hazardous Materials Grant in the amount of $22,000, and WHEREAS, the City of Ithaca as the lead recipient is responsible for the financial execution and administration of the grant, and WHEREAS, the other grant recipients include Cayuga County, Cortland County and Tioga County, and WHEREAS, the Homeland Security Grant will be used to purchase a Chemical Detection Device on New York State Contract for $20,000, and WHEREAS, the remaining $2,000 will be used for training cost for City of Ithaca employees and employees and or agents of partner agencies; now, therefore be it RESOLVED, That Ithaca Common Council hereby amends the 2010 Authorized City Budget by the amount not to exceed $22,000 to be used for said expenses as outlined by the 2009 New York State Office of Homeland Security Hazardous Materials Grant with amended budgets as follows: Increase Revenue Account: A3410-3989 State Aid $22,000 Increase Expense Accounts: A3410-5225-12150 Other Equipment $20,000 A3410-5440-12150 Staff Development $ 2,000 and be it further RESOLVED, That income received from the 2009 New York State Office of Homeland Security Hazardous Materials Grant shall be used to reimburse the City of Ithaca for its expenses, as outlined by the grant. 9. CITY ADMINISTRATION COMMITTEE: 9.1 Finance/Controller’s Office - Approval of 2008 Single Audit Report - Resolution RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2008 through December 31, 2008 prepared by the accounting firm of Ciaschi, Dietershagen, Little and Mickelson & Company, LLP be accepted to comply with all the City’s applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. 9.2 IURA - Declaration of Lead Agency – Downtown Commons Upper Story Housing Project, Authorize Use of ‘Gateway’ Proceeds for a Short-Term Loan from the Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution WHEREAS, the City of Ithaca Common Council is considering authorization of use of ‘Gateway’ proceeds by the Ithaca Urban Renewal Agency (IURA) to make a short-term loan to Plantation Building LLC for construction phase project expenses to renovate the Plantation Building to implement one of the two projects included in the Downtown Commons Upper Story Housing Project for which the City of Ithaca received a $1.15 million grant award through the Restore NY program, and WHEREAS, Sunit “Lex” Chutintaranond and Flaminia Cervesi are each 50% owners in Plantation Building LLC, the operating company that will undertake redevelopment of a $2.47 million project to redevelop the vacant Plantation Building located at 130-132 E. State/MLK Street to create a 4,000 square foot restaurant, 1,200 square feet of commercial office space, six market-rate, one-bedroom apartments and two affordable, one-bedroom apartments, and WHEREAS, the IURA holds ‘Gateway’ proceeds on behalf of the City of Ithaca, which were derived from the sale of City-owned real estate to Eddygate Park Associates in 1986 to facilitate the Eddygate mixed-use project in Collegetown for which sale proceeds were realized in 2002 and contributed to the IURA to provide loan financing to facilitate the Gateway Plaza redevelopment project at 401 E. State/MLK Street and subsequently repaid in full, and WHEREAS, on November 24, 2009, the proposed renovation of the Plantation Building underwent environmental review during the site plan review process and at that time it was determined that the project will result in no significant impact on the environment, and WHEREAS, the proposed short-term loan to Plantation Building LLC is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed authorization of the use of ‘Gateway’ proceeds by the IURA to make a short term loan to Plantation Building LLC to implement the Downtown Commons Upper Story Housing project at 130-132 E. State/MLK Street until Restore NY grant funds are available. 9.3 IURA Environmental Determination - Downtown Commons Upper Story Housing Project, Authorize Use of Gateway Proceeds for a Short-Term Loan from the Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution WHEREAS, the City of Ithaca Common Council is considering authorization of use of ‘Gateway’ proceeds by the Ithaca Urban Renewal Agency (IURA) to make a short-term loan to Plantation Building LLC for construction phase project expenses to renovate the Plantation Building to implement one of the two projects included in the Downtown Commons Upper Story Housing Project for which the City of Ithaca received a $1.15 million grant award through the Restore NY program, and WHEREAS, Sunit “Lex” Chutintaranond and Flaminia Cervesi are each 50% owners in Plantation Building LLC, the operating company that will undertake redevelopment of a $2.47 million project to redevelop the vacant Plantation Building located at 130-132 E. State/MLK Street to create a 4,000 square foot restaurant, 1,200 square feet of commercial office space, six market-rate, one-bedroom apartments and two affordable, one-bedroom apartments, and WHEREAS, the IURA holds ‘Gateway’ proceeds on behalf of the City of Ithaca, which were derived from the sale of City-owned real estate to Eddygate Park Associates in 1986 to facilitate the Eddygate mixed-use project in Collegetown for which sale proceeds were realized in 2002 and contributed to the IURA to provide loan financing to facilitate the Gateway Plaza redevelopment project at 401 E. State/MLK Street and subsequently repaid in full, and WHEREAS, on November 24, 2009, the proposed renovation of the Plantation Building underwent environmental review during the site plan review process and at that time it was determined that the project will result in no significant impact on the environment, and WHEREAS, the proposed action will provide financing to undertake renovation of the Plantation Building in accordance with the site plan approval issued by the City of Ithaca Planning and Development Board on November 24, 2009, and WHEREAS, on August 4, 2010, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed short-term loan to Plantation Building is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Planning and Development Department staff, and other application materials; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed authorization of use of ‘Gateway’ proceeds by the IURA to make a short-term loan to Plantation Building LLC to implement the Downtown Commons Upper Story Housing project at 130-132 E. State/MLK Street will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. 9.4 IURA - Downtown Commons Upper Story Housing Project, Authorize Use of ‘Gateway’ Proceeds for a Short-Term Loan From the Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution WHEREAS, on June 25, 2010, Sunit “Lex” Chutintaranond, managing member of Plantation Building LLC, requested a short-term bridge loan of $512,000 until Restore NY grant funds can be accessed from the Empire State Development Corporation (ESD) for the comprehensive rehabilitation project of the Plantation Building located at 130-132 E. State/MLK Street, and WHEREAS, the amount of loan assistance requested is equal to approximately three months of project construction expenditures, and WHEREAS, Lex Chutintaranond and Flaminia Cervesi are each 50% owners in ItalThai LLC, the owner of the Plantations Building, and Lex Chutintaranond is the sole owner of Plantation Building LLC, the operating company that will undertake the redevelopment project and syndicate historic tax credits, and WHEREAS, the City of Ithaca was awarded $900,000 in Restore NY grant funds to assist in the $2.47 million redevelopment of the vacant Plantation Building to create a 4,000 SF restaurant, 1,200 SF of commercial office space, six market-rate, one- bedroom apartments and two affordable one-bedroom apartments, and WHEREAS, the City authorized the Ithaca Urban Renewal Agency (IURA) to administer and implement the Restore NY grant, and WHEREAS, Restore NY grant funds can be accessed via a Grant Disbursement Agreement (GDA) per the following process: A. submit proof of project readiness to ESD, including proof of completion of environmental review, state historic preservation office review and site plan review; a final project budget, including an independent construction estimate; and documentation that all project funding is committed, including bank financing, B. ESD Board approval, C. Public Authorities Control Board (PACB) approval, D. Completion of ESD public hearing, E. Issuance of a GDA, and WHEREAS, during the three month impasse to adopt the 2010-2011 New York State budget, no GDAs for Restore NY projects were approved by the PACB, and WHEREAS, with adoption of a significant portion of the NYS 2010-2011 budget in early July, the PACB has resumed approval of new GDAs for Restore NY projects, and WHEREAS, the Plantation Building Restore NY project is scheduled for ESD Board review in September 2010, which is expected to result in issuance of a GDA in October 2010, and WHEREAS, Plantation Building LLC has executed a construction contract with a guaranteed maximum price that is on-budget, and WHEREAS, the interior demolition, site preparation and asbestos removal has been completed, leaving the structure in fragile condition and developer equity exhausted, and WHEREAS, installation of an elevator, a new HVAC system and replacement of the roof all need to be completed prior to cold weather to prepare the building for winter and avoid increased project costs, and WHEREAS, shutting down the project to wait for access to Restore NY funds in late October imperils project feasibility, and WHEREAS, use of CDBG funds for the requested loan is problematic because use of CDBG funds for construction activities requires compliance with the Davis-Bacon Act which would require re-bidding the construction project, and WHEREAS, the IURA holds “Gateway” proceeds on behalf of the City of Ithaca, which were derived from the sale of City-owned real estate to Eddygate Park Associates in 1986 to facilitate the Eddygate Park Apartment mixed-income 64-unit rental housing project in Collegetown for which sale proceeds were realized in 2002, and WHEREAS, in 2002 “Gateway” proceeds were loaned to Gateway Plaza Associates, LLC to facilitate the Gateway Plaza project located at 401 E. State/MLK Street with repayments earmarked by the City of Ithaca Common Council for affordable housing activities, and WHEREAS, the Gateway Plaza loan was fully repaid in 2007, and WHEREAS, the balance of “Gateway” proceeds is approximately $595,600 as of June 30, 2010, of which $100,000 has been earmarked as a contribution to the Housing Fund, leaving an unobligated balance of $495,600, and WHEREAS, the Plantations Building project includes affordable housing, and WHEREAS, use of “Gateway” proceeds requires approval from the City of Ithaca Common Council, and WHEREAS, the IURA conducted an underwriting of the loan application and recommends approval of a $490,000 short-term loan subject to approval by the City of Ithaca Common Council, and WHEREAS, the proposed IURA loan will be repaid from Restore NY grant funds disbursed by the Empire State Development Corporation to the City of Ithaca that are earmarked for the Plantation Building project and is further secured through mortgages and personal and corporate financial guarantees provided by the borrower; and WHEREAS, on July 22, subject to Common Council’s approval, the IURA approved the loan of the “Gateway” funds for this project and further recommended that the City of Ithaca Common Council also approve the use of the “Gateway” proceeds to fund this bridge loan; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the use of $490,000 ‘Gateway’ proceeds by the IURA to make a short-term loan to Plantation Building LLC to implement the Downtown Commons Upper Story Housing Project. 9.5 Common Council - Extension of the Suspension of the City of Ithaca’s Apprenticeship Policy - Resolution WHEREAS, in 2001, the New York State Legislature adopted a new law (Labor Law, Section 816-b) that gives municipalities the option of requiring contractors and subcontractors for a construction contract (to which the municipality is a direct or indirect party) to have apprenticeship agreements (providing for the approved training and placement of apprentices); and WHEREAS, in January 2005 Common Council exercised its authority under said statute, and adopted a resolution which required that all City construction contracts for more than $500,000 “must include contractors that participate in New York State certified apprenticeship programs,” that this requirement is to be imposed upon “all bidders and all subcontractors under the bidder,” and is to apply to “each apprenticeable trade or occupation represented in their workforce” and that all bidders and their subcontractors “must abide by the apprentice to journeyman ratio for each trade prescribed therein,” but that 25% of the monetary value of the general contract may be exempted from the apprenticeship requirement “to permit the use of small or specialty subcontractors who would otherwise be excluded;” and WHEREAS, by 2009, the Mayor and the Council had become aware of certain problems and concerns associated with the implementation of the City’s Apprenticeship Policy; and WHEREAS, as a result of these concerns, Common Council decided in December, 2009, to suspend the Apprenticeship Policy, until August 5, 2010, and to ask for a “working group” (including staff and Council members) appointed to research the matter to make a recommendation on the subject to Common Council before August 5, 2010; and WHEREAS, this working group has met regularly over the past year, and has heard directly from union representatives, affected contractors and others; and WHEREAS, at this time, the working group has not completed its examination of and deliberation about the issue of the Apprenticeship Policy (or possible alternative approaches to the goal of enhancing employment readiness and opportunities for City residents, particularly those who are young and/or disadvantaged); now therefore be it RESOLVED, That the suspension of the “Apprenticeship Policy” that was established by resolution of the Common Council of the City of Ithaca, on January 5, 2005, be and hereby is extended until December 2, 2010; and be it further RESOLVED, That the “working group” appointed to study this matter is requested to submit its report and any recommendations, to the Mayor and the Chair of the City Administration Committee, by no later than November 10, 2010. 9.6 Department of Public Works- Request to Approve Funding Match for TIGER II Grant Application - Resolution WHEREAS, the United States Department of Transportation (USDOT) has announced the availability of funds in the TIGER II Discretionary Grants (TIGER II) program, which notice was published in the Federal Register on June 1, 2010, and WHEREAS, Common Council is interested in applying for a TIGER II grant so as to make a large investment in the transportation system in the central business district in order to maintain a state of good repair, to make the downtown a more livable and sustainable environment, to strengthen the City of Ithaca’s position as a hub for the county and region, and to encourage and support economic activity in the City, and WHEREAS, staff from the Office of the City Engineer and the Department of Planning and Development have begun scoping a grant eligible project to include, but not be limited to, the following components: • Rehabilitation of the Commons Pedestrian Street • Partnering with Tompkins Consolidated Area Transit (TCAT) to procure and install a Real Time Passenger Information System for TCAT busses and the TCAT bus stops at Green St. and Seneca St. • Partnering with NYSDOT to reconstruct Seneca Street and portions of Green Street (between East State/Martin Luther King Jr. Street and Route 13) with the ultimate intention of taking ownership of these streets in exchange for the State taking ownership of the Elmira Road section of Route 13 that the City currently owns. . • Partnering with Cornell University to rehabilitate the Cascadilla Creek Gorge Trail between Linn Street and College Avenue so that it can be reopened to the public. • Accessibility improvements in the downtown, particularly sidewalk curb ramp improvements • Installation of bicycle racks, bicycle lockers, wayfinding signage, and electric vehicle plug-in stations in the downtown, now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, or her designee, is hereby authorized to submit a TIGER II application for funding to the United States Department of Transportation in accordance with the provisions of the Notice of Funds Available, in a amount not to exceed $16,700,000, and upon approval of said request to enter into and execute a project agreement with USDOT, or its designee, for such financial assistance to the City of Ithaca for design, right-of-way acquisition, construction and construction inspection of the TIGER II application as submitted by the Mayor and approved by USDOT, and be it further RESOLVED, That Common Council hereby makes a commitment of funds, contingent upon an award of funds from the TIGER II program and environmental review, in an amount not to exceed 20% of the total project costs, i.e., in an amount not to exceed $3,340,000, which funds will be derived from serial bonds. 9.7 Attorney’s Office - Request for Additional Funding for Special Counsel - Resolution WHEREAS, in May 2010, Common Council allocated an additional amount to the 2010 budget for the City Attorney’s office, namely $35,000, for Contractual Services, to address the unanticipated need to retain special counsel to represent the City in certain labor and employment law matters, due to the departure, in January 2010, of the Assistant City Attorney who handled such matters; and WHEREAS, the process of filling the vacant Assistant City Attorney position has taken at least a month longer than anticipated, and the cost of special counsel to handle the afore-mentioned labor and employment cases is expected to be approximately $25,000 more than was projected as of May; and WHEREAS, in late May 2010, a lawsuit against the City (alleging discrimination in employment and seeking $17 million in damages) was commenced in federal court, regarding which the City’s insurance carrier has, to date and unexpectedly, refused to provide a defense or coverage for liability; and WHEREAS, as a result, the City has retained special counsel to provide such a defense, pending resolution of the dispute with the carrier as to coverage; and WHEREAS, the cost of such defense is anticipated to be at least $40,000 for 2010; now therefore be it RESOLVED, That Common Council hereby approves an additional allocation not to exceed $50,000 for contractual services in the Law Department budget for 2010 (Account A1420-5435), and directs that said amount be transferred from Accounts A1930-5000 Judgments, not to exceed $18,000 and Account A1910-5000 Undistributed Insurance not to exceed $32,000. 9.8 Finance/Controller’s Office - Authorization to Enter into an Agreement with the Greater Tompkins County Municipal Health Insurance Consortium - Resolution WHEREAS, the Tompkins County Council of Governments (TCCOG) is comprised of all the municipalities in Tompkins County, and WHEREAS, the City of Ithaca is a member of the Tompkins County Council of Governments (TCCOG), and WHEREAS, in 2007 the County, on behalf of TCCOG accepted an incentive grant award under the New York State Shared Municipal Services Program to assist the municipalities in Tompkins County to create a local municipal health care consortium, and WHEREAS, the Greater Tompkins County Municipal Health Insurance Consortium will develop health benefits coverage for all participating municipalities with the intent to provide a net savings to the taxpayers of Tompkins County, a goal the City of Ithaca supports, and WHEREAS, health care costs for Tompkins County and other local governments have been increasing each year at rates much higher than inflation, a problem which can be addressed by pooling our buying power, and WHEREAS, Council gave authorization for approval of the inter-municipal agreement at its meeting on April 7, 2010, but due to delays in the approval of the consortium, the agreement was never signed, and WHEREAS, some recent minor changes were necessary to the inter-municipal agreement to satisfy the New York State Insurance Department, and WHEREAS, TCCOG encourages the signing of the revised inter-municipal agreement by TCCOG members; now, therefore be it RESOLVED, That subject to the approval of the City Attorney, Common Council hereby authorizes the Mayor to execute the inter-municipal agreement effective October 1, 2010 with the Greater Tompkins County Health Insurance Consortium for the New York State Shared Municipal Services Program. 9.9 Finance/Controller’s Office - Authorization to Contribute to the Reserves of the Greater Tompkins County Municipal Health Insurance Consortium - Resolution WHEREAS, the City of Ithaca shall join the Greater Tompkins County Municipal Health Insurance Consortium for the purpose of providing employee health insurance and prescription drug coverage, and WHEREAS, the Consortium, as required by the New York State Insurance Department, must establish sufficient financial reserves to begin working as a consortium, now, therefore be it RESOLVED, That the City of Ithaca shall contribute the amounts listed below as Estimated Initial Capitalization funds (rounding in table will be corrected) and be it further RESOLVED, That the City Controller is authorized to make payment immediately to the Consortium. 2010 Premium Percent of Total Premium Estimated Initial Capitalization Total Reserves Reserves Due County13,351,31254.55%500,000667,566167,566 City of Ithaca8,558,87434.97%300,000427,944127,944 Town of Ithaca888,0823.63%137,03344,404-92,629 Town of Caroline122,6330.50%37,0006,132-30,868 Town of Danby81,1610.33%62,0004,058-57,942 Town of Dryden459,2331.88%137,03222,962-114,070 Town of Enfield50,4000.21%2,5202,5200 Town of Groton126,0950.52%6,3056,3050 Town of Ulysses113,1750.46%5,6595,6590 Village of Cayuga Heights360,7991.47%18,04018,0400 Village of Dryden121,3490.50%6,0676,0670 Village of Groton150,9000.62%7,5457,5450 Village of Trumansburg90,696 0.37%4,535 4,535 0 24,474,709100.00%1,223,7361,223,7350 Explanation: Four municipalities - the Towns of Ithaca, Caroline, Danby, and Dryden, are able to contribute a greater amount in reserve than what is owed for their municipal shares. It is anticipated that by the year 2013, the four municipalities will be "paid back" with 3% interest by the Consortium. Municipal Cooperation Agreement DRAFT ---07-20-10 THIS AGREEMENT (the "Agreement") made effective as of 1st day of October 1, 2010 (the "Effective Date"), by and among each of the signatory municipal corporations hereto (collectively, the "Participants"). W H E R E A S: 1. Article 5-G of the New York General Municipal Law (the "General Municipal Law") authorizes municipal corporations to enter into cooperative agreements for the performance of those functions or activities in which they could engage individually; 2. Sections 92-a and 119-o of the General Municipal Law authorize municipalities to purchase a single health insurance policy, enter into group health plans, and establish a joint body to administer a health plan; 3. Article 47 of the New York Insurance Law (the "Insurance Law"), and the rules and regulations of the New York State Superintendent of Insurance (the "Superintendent") set forth certain requirements for governing self-insured municipal cooperative health insurance plans; 4. Section 4702(f) of the Insurance Law defines the term "municipal corporation" to include a county, city, town, village, school district, board of cooperative educational services, public library (as defined in Section 253 of the New York State Education Law) and district (as defined in Section 119-n of the General Municipal Law); and 5. The Participants have determined to their individual satisfaction that furnishing the health benefits (including, but not limited to, medical, surgical, hospital, prescription drug, dental, and/or vision) for their eligible officers, eligible employees (as defined by the Internal Revenue Code of 1986, as amended, and the Internal Revenue Service rules and regulations), eligible retirees, and the eligible dependents of eligible officers, employees and retirees (collectively, the "Enrollees") (such definition does not include independent contractors and/or consultants) through a municipal cooperative is in their best interests as it is more cost- effective and efficient. Eligibility requirements shall be determined by each Participant's collective bargaining agreements and/or their personnel policies and procedures. NOW, THEREFORE, the parties agree as follows: A. PARTICIPANTS. 1. The Participants hereby designate themselves under this Agreement as the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium") for the purpose of providing health benefits (medical, surgical, hospital, prescription drug, dental, and/or vision) to those Enrollees that each Participant individually elects to include in the Greater Tompkins County Municipal Health Insurance Consortium Medical Plan(s) (the "Plan(s)"). 2. The following Participants shall comprise the initial membership of the Consortium (a) County of Tompkins; (b) City of Ithaca; (c) Town of Enfield; (d) Town of Caroline; (e) Town of Ithaca; (f) Town of Danby; (g) Town of Dryden; (h) Town of Ulysses; (i) Village of Cayuga Heights; (j) Village of Groton; (k) Village of Dryden; (l) Village of Trumansburg; (m) Town of Groton. Membership in the Consortium may be offered to any municipal corporation within the geographical boundaries of the County of Tompkins; provided however, in the sole discretion of the Board (as defined below), the applicant provides satisfactory proof of its financial responsibility and is of the same type of municipal corporation as the initial Participants. Notwithstanding anything to contrary set forth in this Agreement, admission of new Participants shall not require amendment of this Section A(2). Membership shall be subject to the terms and conditions set forth in this Agreement, any amendments hereto and applicable law. 3. Participation in the Plan(s) by some, but not all, collective bargaining units or employee groups of a Participant is not encouraged and shall not be permitted absent prior Board approval. Further, after obtaining approval, any Participant which negotiates an alternative health insurance plan offering other than the plan offerings of the Consortium with a collective bargaining unit or employee group may be subject to a risk charge as determined by the Board. 4. Initial membership of additional participants shall become effective on the first day of the Plan Year following the adoption by the Board of the resolution to accept a municipal corporation as a Participant. Such municipal corporation must agree to continue as a Participant for a minimum of three (3) years upon entry. 5. The Board, by a two-thirds (2/3) vote of the entire Board, may elect to permit a municipal corporation which is not located in the geographical or political boundaries of the County of Tompkins to become a Participant subject to satisfactory proof, as determined by the Board, of such municipal corporation’s financial responsibility. Such municipal corporation must agree to continue as a Participant for a minimum of three (3) years upon entry. 6. A municipal corporation that was previously a Participant, but is no longer a Participant, and which is otherwise eligible for membership in the Consortium, may apply for re-entry after a minimum of three (3) years has passed since it was last a Participant. Such re-entry shall be subject to the approval of two-thirds (2/3) of the entire Board. This re-entry waiting period may be waived by the approval of two-thirds (2/3) of the entire Board. In order to re-enter the Consortium, a municipal corporation employer must have satisfied in full all of its outstanding financial obligations to the Consortium. A municipal corporation must agree to continue as a Participant for a minimum of three (3) years upon re-entry. B. PARTICIPANT LIABILITY. 1. The Participants shall share in the costs of, and assume the liabilities for benefits (including medical, surgical, and hospital) provided under the Plan(s) to covered officers, employees, retirees, and their dependents. Each Participant shall pay on demand such Participant's share of any assessment or additional contribution ordered by the Board, as set forth in Section L(4) of this Agreement. The pro rata share shall be based on the Participant's relative "premium" contribution to the Plan(s) as a percentage of the aggregate "premium" contribution to the Plan(s), as is appropriate based on the nature of the assessment or contribution. 2. New Participants (each a "New Participant") who enter the Consortium may be assessed a fee for additional financial costs above and beyond the premium contributions to the Plan(s). Any such additional financial obligations and any related terms and conditions associated with membership in the Consortium shall be determined by the Board, and shall be disclosed to the New Participant prior to its admission. 3. Each Participant shall be liable, on a pro rata basis, for any additional assessment required in the event the Consortium funding falls below those levels required by the Insurance law as follows: a. In the event the Consortium does not have admitted assets (as defined in Insurance Law § 107) at least equal to the aggregate of its liabilities, reserves and minimum surplus required by the Insurance Law, the Board shall, within thirty (30) days, order an assessment (an "Assessment Order") for the amount that will provide sufficient funds to remove such impairment and collect from each Participant a pro-rata share of such assessed amount. b. Each Participant that participated in the Consortium at any time during the two (2) year period prior to the issuing of an Assessment Order by the Board shall, if notified of such Assessment Order, pay its pro rata share of such assessment within ninety (90) days after the issuance of such Assessment Order. This provision shall survive termination of the Agreement of withdrawal of a Participant. c. For purposes of this Section B(3), a Participant's pro-rata share of any assessment shall be determined by applying the ratio of the total assessment to the total contributions or premium equivalents earned during the period covered by the assessment on all Participants subject to the assessment to the contribution or premium equivalent earned during such period attributable to such Participant. C. BOARD OF DIRECTORS. 1. The governing board of the Consortium, responsible for management, control and administration of the Consortium and the Plan(s), shall be referred to as the "Board of Directors" (the "Board"). The voting members of the Board shall be composed of one representative of each Participant and representatives of the Joint Committee on Plan Structure and Design (as set forth in Section C(11)), who shall have the authority to vote on any official action taken by the Board (each a "Director"). Each Director, except the representatives of the Committee on Plan Structure and Design, shall be designated in writing by the governing body of the Participant. 2. If a Director designated by a Participant cannot fulfill his/her obligations, for any reason, as set forth herein, and the Participant desires to designate a new Director, it must notify the Consortium's Chairperson in writing of its selection of a new designee to represent the Participant as a Director. 3. Directors shall receive no remuneration from the Consortium for their service and shall serve a term from January 1 through December 31 (the "Plan Year"). 4. No Director may represent more than one Participant. 5. No Director, or any member of a Director's immediate family shall be an owner, officer, director, partner, or employee of any contractor or agency retained by the Consortium, including any third party contract administrator. 6. Except as otherwise provided in Section D of the Agreement, each Director shall be entitled to one vote. A majority of the entire Board, not simply those present, is required for the Board to take any official action, unless otherwise specified in this Agreement. The “entire Board”, as used herein and elsewhere in this Agreement, shall mean the total number of Directors when there are no vacancies. 7. Each Participant may designate in writing an alternate Director to attend the Board's meeting when its Director cannot attend. The alternate Director may participate in the discussions at the Board meeting and will, if so designated in writing by the Participant, be authorized to exercise the Participant’s voting authority. Only alternate Directors with voting authority shall be counted toward a quorum. The Joint Committee on Plan Structure and Design may designate alternate Directors as set forth in Section C(11). 8. A majority of the Directors of the Board shall constitute a quorum. A quorum is a simple majority (more than half) of the entire Board. A quorum is required for the Board to conduct any business. This quorum requirement is independent of the voting requirements set forth in Section C(6). The Board shall meet on a regular basis, but not less than on a quarterly basis at a time and place within the State of New York determined by a vote of the Board. The Board shall hold an annual meeting (the “Annual Meeting”) between October 3rd and October 15th of each Plan Year. 9. Special meetings of the Board may be called at any time by the Chairperson or by any two (2) Directors. Whenever practicable, the person or persons calling such special meeting shall give at least three (3) day notice to all of the other Directors. Such notice shall set forth the time and place of the special meeting as well as a detailed agenda of the matters proposed to be acted upon. In the event three (3) days notice cannot be given, each Director shall be given such notice as is practicable under the circumstances. 10. In the event that a special meeting is impractical due to the nature and/or urgency of any action which, in the opinion of the Chairperson, is necessary or advisable to be taken on behalf of the Consortium, the Chairperson may send proposals regarding said actions via facsimile to each and all of the Directors. The Directors may then fax their approval or disapproval of said actions to the Chairperson. Upon receipt by the Chairperson of the requisite number of written approvals, the Chairperson may act on behalf of the Board in reliance upon such approvals. Any actions taken by the Chairperson pursuant to this paragraph shall be ratified at the next scheduled meeting of the Board. 11. The Chair of the Joint Committee on Plan Structure and Design and the at- large voting Labor Member(s) (as defined in Section K) shall serve as Directors (the "Labor Representatives") and shall have the same rights and obligations as all other Directors. The Joint Committee on Plan Structure and Design may designate in writing alternate Directors to attend the Board’s meetings when the Labor Representatives cannot attend. The alternate Director may, if designated in writing, be authorized to exercise the Labor Representatives’ voting authority. D. WEIGHTED VOTING. 1. Except as otherwise provided in this Agreement, any two or more Directors, acting jointly, may require a weighted vote on any matter that may come before the Board. In such event, the voting procedure set forth in this Section D shall apply in lieu of any other voting procedures set forth in this Agreement. Such weighted voting procedures shall apply solely with respect to the matter then before the Board. 2. For purposes of this Section D, each Director shall receive votes as follows: a. each Director representing a Participant with five hundred (500) or fewer Enrollees shall be entitled to one (1) vote. b. each Director representing a Participant with more than five hundred (500) Enrollees shall be entitled to a number of votes equaling the total number of votes assigned under subsection 2(a) above minus one (1), divided evenly by the number of Participants eligible under this subsection 2(b) and rounded down to the nearest whole number. c. the Labor Representatives shall be entitled to one (1) vote each. 3. Attached as Addendum “A” to this Agreement is an example of the application of the voting formula contained in subparagraph “2” of this Section. 4. Notwithstanding anything to the contrary contained in this Agreement, any action taken pursuant to this Section D shall require the approval of two-thirds (2/3) of the total number of votes, if all votes had been cast. E. ACTIONS BY THE BOARD. Subject to the voting and quorum requirements set forth in this Agreement, the Board is authorized and/or required to take action on the following matters: 1. To fill any vacancy in any of the officers of the Consortium. 2. To fix the frequency, time and place of regular Board meetings. 3. To approve an annual budget for the Consortium, which shall be prepared and approved prior to October 15th of each year, and determine the annual premium equivalent rates to be paid by each Participant for each Enrollee classification in the Plan on the basis of a community rating methodology filed with and approved by the Superintendent. 4. To audit receipts and disbursements of the Consortium and provide for independent audits, and periodic financial and operational reports to Participants. 5. To establish a joint fund or funds to finance all Consortium expenditures, including claims, reserves, surplus, administration, stop-loss insurance and other expenses. 6. To select and approve the benefits provided by the Plan(s) including the plan document(s), insurance certificate(s), and/or summary plan description(s), a copy of the Plan(s) effective on the date of this Agreement is incorporated by reference into this Agreement. 7. To annually select a plan consultant (the "Plan Consultant") for the upcoming Plan Year, prior to October 1st of each year. 8. To review, consider and act on any recommendations made by the Plan Consultant. 9. To establish administrative guidelines for the efficient operation of the Plan. 10. To establish financial regulations for the entry of new Participants into the Consortium consistent with all applicable legal requirements and this Agreement. 11. To contract with third parties, which may include one or more Participants, for the furnishing of all goods and services reasonably needed in the efficient operation and administration of the Consortium, including, without limitation, accounting services, legal counsel, contract administration services, consulting services, purchase of insurances and actuarial services. Provided, however (a) the charges, fees and other compensation for any contracted services shall be clearly stated in written administrative services contracts, as required in Section 92-a(6) of the General Municipal Law; (b) payment for contracted services shall be made only after such services are rendered; (c) no Director or any member of such Director's immediate family shall be an owner, officer, director, partner or employee of any contract administrator retained by the Consortium; and (d) all such agreements shall otherwise comply with the requirements of Section 92-a(6) of the General Municipal Law. 12. To purchase stop-loss insurance on behalf of the Consortium and determine each year the insurance carrier or carriers who are to provide the stop- loss insurance coverage during the next Plan Year, as required by Section 4707 of the Insurance Law. 13. To determine and notify each Participant prior to October 15th of each Plan Year of the monthly premium equivalent for each enrollee classification during the next Plan Year commencing the following January 1st. 14. To designate the banks or trust companies in which joint funds, including reserve funds, are to be deposited and which shall be located in this state, duly chartered under federal law or the laws of this state and insured by the Federal Deposit Insurance Corporation, or any successor thereto. 15. To designate annually a treasurer (the "Treasurer") who may or may not be a Director and who shall be the treasurer, or equivalent financial officer, for one of the Participants. The Treasurer's duties shall be determined by the Chief Fiscal Officer to whom he/she will report. 16. To designate an Officer or Director to retain custody of all reports, statements and other documents of the Consortium and take minutes of each Board meeting which shall be acted on by the Board at a subsequent meeting. 17. To choose the certified public accountant and the actuary to provide the reports required by this Agreement and any applicable law. 18. To designate an attorney-in-fact to receive summons or other legal process in any action, suit or proceeding arising out of any contract, agreement or transaction involving the Consortium. The Board designates John G. Powers, Esq. as the Consortium's initial attorney-in-fact. 19. To take all necessary action to ensure that the Consortium obtains and maintains a Certificate of Authority in accordance with the Insurance Law. 20. To take all necessary action to ensure the Consortium is operated and administered in accordance with the law of the State of New York. 21. To take any other action authorized by law and deemed necessary to accomplish the purposes of this Agreement. F. EXECUTIVE COMMITTEE. 1. The Executive Committee of the Consortium shall consist of the Chairperson, the Vice-Chairperson, and the Chief Fiscal Officer of the Consortium. 2. The Executive Committee may meet at anytime between meetings of the Board, at the discretion of the Chairperson. The Executive Committee shall make recommendations to the Board. 3. The Executive Committee shall manage the Consortium between meetings of the Board, subject to such approval by the Board as may be required by this Agreement. G. OFFICERS. 1. At the Annual Meeting, the Board shall elect from its Directors a Chairperson, Vice Chairperson, Chief Fiscal Officer, and Secretary, who shall serve for a term of one (1) year or until their successors are elected and qualified. Any vacancy in an officer's position shall be filled at the next meeting of the Board. 2. Officers of the Consortium and employees of any third party vendor, including without limitation the officers and employees of any Participant, who assist or participate in the operation of the Consortium, shall not be deemed employees of the Consortium. Each third party vendor shall provide for all necessary services and materials pursuant to annual contracts with the Consortium. The officers of the Consortium shall serve without compensation from the Consortium, but may be reimbursed for reasonable out-of-pocket expenses incurred in connection with the performance of such officers’ duties. 3. Officers shall serve at the pleasure of the Board and may be removed or replaced upon a two-thirds (2/3) vote of the entire Board. This provision shall not be subject to the weighted voting alternative set forth in Section D. H. CHAIRPERSON; VICE CHAIRPERSON. 1. The Chairperson shall be the chief executive officer of the Consortium. 2. The Chairperson, or in the absence of the Chairperson, the Vice Chairperson, shall preside at all meetings of the Board. 3. In the absence of the Chairperson, the Vice Chairperson shall perform all duties related to that office. I. PLAN ADMINISTRATOR. The Board, by a two-thirds (2/3) vote of the entire Board, may annually designate an administrator and/or insurance company of the Plan (the "Plan Administrator") and the other provider(s) who are deemed by the Board to be qualified to receive, investigate, and recommend or make payment of claims, provided that the charges, fees and other compensation for any contracted services shall be clearly stated in written administrative services and/or insurance contracts and payment for such contracted services shall be made only after such services are rendered or are reasonably expected to be rendered. All such contracts shall conform to the requirements of Section 92-a(6) of the General Municipal Law. J. CHIEF FISCAL OFFICER. 1. The Chief Fiscal Officer shall act as the chief financial administrator of the Consortium and disbursing agent for all payments made by the Consortium, and shall have custody of all monies either received or expended by the Consortium. The Chief Fiscal Officer shall be a fiscal officer of a Participant. The Chief Fiscal Officer shall receive no remuneration from the Consortium. The Plan shall reimburse the Participant that employs the Chief Fiscal Officer for reasonable and necessary out-of-pocket expenses incurred by the Chief Fiscal Officer in connection with the performance of his or her duties that relate to the Consortium. 2. All monies collected by the Chief Fiscal Officer relating to the Consortium, shall be maintained and administered as a common fund. The Chief Fiscal Officer shall, notwithstanding the provisions of the General Municipal Law, make payment in accordance with procedures developed by the Board and as deemed acceptable to the Superintendent. 3. The Chief Fiscal Officer shall be bonded for all monies received from the Participants. The amount of such bond shall be established annually by the Consortium in such monies and principal amount as may be required by the Superintendent. 4. All monies collected from the Participants by the Chief Fiscal Officer in connection with the Consortium shall be deposited in accordance with the policies of the Participant which regularly employs the Chief Fiscal Officer and shall be subject to the provisions of law governing the deposit of municipal funds. 5. The Chief Fiscal Officer may invest moneys not required for immediate expenditure in the types of investments specified in the General Municipal Law for temporary investments or as otherwise expressly permitted by the Superintendent. 6. The Chief Fiscal Officer shall account for the Consortium's reserve funds separate and apart from all other funds of the Consortium, and such accounting shall show: a. the purpose, source, date and amount of each sum paid into the fund; b. the interest earned by such funds; c. capital gains or losses resulting from the sale of investments of the Plan's reserve funds; d. the order, purpose, date and amount of each payment from the reserve fund; and e. the assets of the fund, indicating cash balance and schedule of investments. 7. The Chief Fiscal Officer shall cause to be prepared and shall furnish to the Board, to participating municipal corporations, to unions which are the exclusive bargaining representatives of Enrollees, the Board’s consultants, and to the Superintendent: a. an annual audit, and opinions thereon, by an independent certified public accountant, of the financial condition, accounting procedures and internal control systems of the municipal cooperative health benefit plan; b. an annual report and quarterly reports describing the Consortium’s current financial status; and c. an annual independent actuarial opinion on the financial soundness of the Consortium, including the actuarial soundness of contribution or premium equivalent rates and reserves, both as paid in the current Plan Year and projected for the next Plan Year. 8. Within ninety (90) days after the end of each Plan Year, the Chief Fiscal Officer shall furnish to the Board a detailed report of the operations and condition of the Consortium's reserve funds. K. JOINT COMMITTEE ON PLAN STRUCTURE AND DESIGN. 1. There shall be a Joint Committee on Plan Structure and Design (the "Joint Committee"), which shall consist of (a) a representative of each collective bargaining unit that is the exclusive collective bargaining representative of any Enrollee or group of Enrollees covered by the Plan(s) (the "Union Members"); and (b) a representative of each Participant (the "Management Members"). Management Members may, but are not required to be, Directors. 2. The Joint Committee shall review all prospective Board actions in connection with the benefit structure and design of the Plan(s), and shall develop findings and recommendations with respect to such matters. The Chair of the Joint Committee shall report such findings and recommendations to the Board at any regular or special meeting of the Board. 3. The Joint Committee shall select (a) from among the Union Members, an individual who shall serve as Chair of the Joint Committee; and (b) from among the Management Members, an individual who shall serve as Vice Chair of the Joint Committee. The Joint Committee shall establish its own parliamentary rules and procedures. 4. Each eligible union shall establish such procedures by which its representative to the Joint Committee is chosen and such representative shall be designated in writing to the Chairperson of the Board and the Chair of the Joint Committee. 5. The Union Members on the Joint Committee shall select from among the Union Members an individual to serve as an additional at-large voting Labor Member on the Board of Directors of the Consortium. If the number of municipal members on the Consortium rises to seventeen (17), the union members of the Joint Committee shall select from among the Union Members an additional at-large voting Labor Member on the Board of Directors of the Consortium. The at-large voting Labor Member(s) along with the Joint Committee Chair shall collectively be the “Labor Representatives” as defined in Section C(11) of this Agreement. L. PREMIUM CALCULATIONS/PAYMENT. 1. The annual premium equivalent rates shall be established and approved by a majority of the entire Board. The method used for the development of the premium equivalent rates may be changed from time to time by the approval of two-thirds (2/3) of the entire Board, subject to review and approval by the Superintendent. The premium equivalent rates shall consist of such rates and categories of benefits as is set forth in the Plan[s] that is determined and approved by the Board consistent with New York law. 2. The Consortium shall maintain reserves and stop-loss insurance to the level and extent required by the Insurance Law and as directed by the Superintendent. 3. Each Participant's monthly premium equivalent, by enrollee classification, shall be paid by the first day of each calendar month during the Plan Year. A late payment charge of one percent (1%) of the monthly installment then due will be charged by the Board for any payment not received by the first of each month, or the next business day when the first falls on a Saturday, Sunday, legal holiday or day observed as a legal holiday by the Participants. The Consortium may waive the first penalty once per Plan Year for each Participant, but will strictly enforce the penalty thereafter. A repeated failure to make timely payments, including any applicable penalties, may be used by the Board as an adequate justification for the expulsion of the Participant from the Consortium. 4. The Board shall assess Participants for additional contributions, if actual and anticipated losses due to benefits paid out, administrative expenses, and reserve and surplus requirements exceed the amount in the joint funds, as set forth in Section B(3) above. 5. The Board, in its sole discretion, may refund amounts in excess of reserves and surplus, or retain such excess amounts and apply these amounts as an offset to amounts projected to be paid under the next Plan Year’s budget. M. EMPLOYEE CONTRIBUTIONS. If any Participant requires an Enrollee's contribution for benefits provided by the Consortium, the Participant shall collect such contributions at such time and in such amounts as it requires. However, the failure of a Participant to receive the Enrollee contribution on time shall not diminish or delay the payment of the Participant's monthly premium equivalent to the Consortium, as set forth in this Agreement. N. ADDITIONAL BENEFITS. Any Participant choosing to provide more benefits, coverages, or enrollment eligibility other than that provided under the Plan(s), will do so at its sole expense. This Agreement shall not be deemed to diminish such Participant's benefits, coverages or enrollment eligibility, the additional benefits and the payment for such additional benefits, shall not be part of the Plan(s) and shall be administered solely by and at the expense of the Participant. O. REPORTING. The Board, through its officers, agents, or delegatees, shall ensure that the follow reports are prepared and submitted: 1. Annually after the close of the Plan Year, not later than one-hundred twenty (120) days after the close of the Plan Year, the Board shall file a report with the Superintendent showing the financial condition and affairs of the Consortium, including an annual independent financial audit statement and independent actuarial opinion, as of the end of the preceding plan year. 2. Annually after the close of the Plan Year, the Board shall have prepared a statement and independent actuarial opinion on the financial soundness of the Plan, including the contribution or premium equivalent rates and reserves, both as paid in the current Plan Year and projected for the next Plan Year. 3. The Board shall file reports with the Superintendent describing the Consortium’s then current financial status within forty-five (45) days of the end of each quarter during the Plan year. 4. The Board shall provide the annual report to all Participants and all unions, which are the exclusive collective bargaining representatives of Enrollees, which shall be made available for review to all Enrollees. 5. The Board shall submit to the Superintendent a report describing any material changes in any information originally provided in the Certificate of Authority. Such reports, in addition to the reports described above, shall be in such form, and containing such additional content, as may be required by the Superintendent. P. WITHDRAWAL OF PARTICIPANT. 1. Withdrawal of a Participant from the Consortium shall be effective only once annually on the last day of the Plan Year. 2. Notice of intention of a Participant withdraw must be given in writing to the Chairperson prior to October 3rd of each Plan Year. Failure to give such notice shall automatically extend the Participant's membership and obligations under the Agreement for another Plan Year, unless the Board shall consent to an earlier withdrawal by a two- thirds (2/3) vote. 3. Any withdrawing Participant shall be responsible for its pro rata share of any Plan deficit that exists on the date of the withdrawal, subject to the provisions of subsection “4” of this Section. The withdrawing Participant shall be entitled to any pro rata share of surplus that exists on the date of the withdrawal, subject to the provisions of subsection “4” of this Section. The Consortium surplus or deficit shall be based on the sum of actual expenses and the estimated liability of the Consortium as determined by the Board. These expenses and liabilities will be determined one (1) year after the end of the Plan Year in which the Participant last participated. 4. The surplus or deficit shall include recognition and offset of any claims, expenses, assets and/or penalties incurred at the time of withdrawal, but not yet paid. Such pro rata share shall be based on the Participant's relative premium contribution to the Consortium as a percentage of the aggregate premium contributions to the Consortium during the period of participation. This percentage amount may then be applied to the surplus or deficit which existed on the date of the Participant's withdrawal from the Consortium. Any pro rata surplus amount due the Participant shall be paid to the Participant one year after the effective date of the withdrawal. Any pro rata deficit amount shall be billed to the Participant by the Consortium one year after the effective date of the withdrawal and shall be due and payable within thirty (30) days after the date of such bill. Q. DISSOLUTION; RENEWAL; EXPULSION. 1. The Board at any time, by a two-thirds (2/3) vote of the entire Board, may determine that the Consortium shall be dissolved and terminated. If such determination is made, the Consortium shall be dissolved ninety (90) days after written notice to the Participants. a. Upon determination to dissolve the Consortium, the Board shall provide notice of its determination to the Superintendent. The Board shall develop and submit to the Superintendent for approval a plan for winding-up the Consortium’s affairs in an orderly manner designed to result in timely payment of all benefits. b. Upon termination of this Agreement, or the Consortium, each Participant shall be responsible for its pro rata share of any deficit or shall be entitled to any pro rata share of surplus that exists, after the affairs of the Consortium are closed. No part of any funds of the Consortium shall be subject to the claims of general creditors of any Participant until all Consortium benefits and other Consortium obligations have been satisfied. The Consortium’s surplus or deficit shall be based on actual expenses. These expenses will be determined one year after the end of the Plan Year in which this Agreement or the Consortium terminates. c. Any surplus or deficit shall include recognition of any claims/expenses incurred at the time of termination, but not yet paid. Such pro rata share shall be based on each Participant's relative premium contribution to the Plan as a percentage of the aggregate premium contributions to the Plan during the period of participation. This percentage amount would then be applied to the surplus or deficit which exists at the time of termination. 2. The continuation of the Consortium under the terms and conditions of the Agreement, or any amendments or restatements thereto, shall be subject to Board review on the fifth (5th) anniversary of the Effective Date and on each fifth (5th) anniversary date thereafter (each a "Review Date"). a. At the annual meeting a year prior to the Review Date, the Board shall include as an agenda item a reminder of the Participants’ coming obligation to review the terms and conditions of the Agreement. b. During the calendar year preceding the Review Date, each Participant shall be responsible for independently conducting a review of the terms and conditions of the Agreement and submitting to the Board of Directors a written resolution containing any objection to the existing terms and conditions or any proposed modification or amendment to the existing Agreement, such written resolution shall be submitted to the Board on or before March 1st preceding the Review Date. Failure to submit any such resolution shall be deemed as each Participant’s agreement and authorization to the continuation of the Consortium until the next Review Date under the existing terms and conditions of the Agreement. c. As soon as practicable after March 1st, the Board shall circulate to all Participants copies of all resolutions submitted by the Participants. Subject to Section S hereof, any resolutions relating to the modification, amendment, or objection to the Agreement submitted prior to each Review Date shall be considered and voted on by the Participants at a special meeting called for such purpose. Such special meeting shall be held on or before July 1st preceding the Review Date. d. Notwithstanding the foregoing or Section S hereof, if at the Annual Meeting following any scheduled Review Date the Board votes on and approves the budget and annual assessment for the next year, the Participants shall be deemed to have approved the continuation of the Consortium under the existing Agreement until the next Review Date. 3. The Participants acknowledge that it may be necessary in certain extraordinary circumstances to expel a Participant from the Consortium. In the event the Board determines that: a. a Participant has acted inconsistently with the provisions of the Agreement in a way that threatens the financial well-being or legal validity of the Consortium; or b. a Participant has acted fraudulently or has otherwise acted in bad faith with regards to the Consortium, or toward any individual Participant concerning matters relating to the Consortium, the Board may vote to conditionally terminate said Participant's membership in the Consortium. Upon such a finding by the affirmative vote of seventy-five percent (75%) of the Participants, the offending Participant shall be given sixty (60) days to correct or cure the alleged wrongdoing to the satisfaction of the Board. Upon the expiration of said sixty (60) day period, an absent satisfactory cure, to the Board may expel the Participant by an affirmative vote of seventy-five percent (75%) of the Participants (exclusive of the Participant under consideration). This section shall not be subject to the weighted voting provision provided in Section D. Any liabilities associated with the Participant's departure from the Consortium under this provision shall be determined by the procedures set forth in Section P of this Agreement. R. REPRESENTATIONS AND WARRANTIES OF PARTICIPANTS. Each Participant by its approval of the terms and conditions of this Agreement hereby represents and warrants to each of the other Participants as follows: 1. The Participant understands and acknowledges that its participation in the Consortium under the terms and conditions of this Agreement is strictly voluntary and may be terminated as set forth herein, at the discretion of the Participant. 2. The Participant understands and acknowledges that the duly authorized decisions of the Board constitute the collective will of each of the Participants as to those matters within the scope of the Agreement. 3. The Participant understands and acknowledges that the decisions of the Board made in the best interests of the Consortium may on occasion temporarily disadvantage one or more of the individual Participants. 4. The Participant represents and warrants that its designated Director or authorized representative understands the terms and conditions of this Agreement and is suitably experienced to understand the principles upon which this Consortium operates. 5. The Participant understands and acknowledges that all Directors, or their authorized representatives, are responsible for attending all scheduled meetings. Provided that the quorum rules are satisfied, non-attendance at any scheduled meeting is deemed acquiescence by the absent Participant to any duly authorized Board- approved action at the meeting. However, a Participant that was absent from a meeting will not be presumed to have acquiesced in a particular action taken at the meeting if, within fifteen (15) calendar days after learning of such action, the Participant delivers written notice to the Chairperson that it dissents from such action. The Participant shall also notify the other members of the Board of such dissent. The Chairperson shall direct the Secretary to file the notice with the minutes of the Board. 6. The Participant understands and acknowledges that, absent bad faith or fraud, any Participant's vote approving any Board action renders that Board action immune from later challenge by that Participant. S. RECORDS. The Board shall have the custody of all records and documents, including financial records, associated with the operation of the Consortium. Each Participant may request records and documents relative to their participation in the Consortium by providing a written request to the Chairperson and Chief Fiscal Officer. The Consortium shall respond to each request no later than thirty (30) days after its receipt thereof, and shall include all information which can be provided under applicable law. T. CHANGES TO AGREEMENT. Any change or amendment to this Agreement shall require the unanimous approval of the Participants, as authorized by their respective legislative bodies. U. CONFIDENTIALITY. Nothing contained in this Agreement shall be construed to waive any right that a covered person possesses under the Plan with respect to the confidentiality of medical records and that such rights will only be waived upon the written consent of such covered person. V. ALTERNATIVE DISPUTE RESOLUTION ("ADR"). 1. General. The Participants acknowledge and agree that given their budgeting and fiscal constraints, it is imperative that any disputes arising out of the operation of the Consortium be limited and that any disputes which may arise be addressed as quickly as possible. Accordingly, the Participants agree that the procedures set forth in this Section V are intended to be the exclusive means through which disputes shall be resolved. The Participants also acknowledge and agree that by executing this Agreement each Participant is limiting its right to seek redress for certain types of disputes as hereinafter provided. 2. Disputes subject to ADR. Any dispute by any Participant arising out of or relating to a contention that: a. the Board, the Board's designated agents, or any Participant has failed to adhere to the terms and conditions of this Agreement; b. the Board, the Board's designated agents, or any Participant has acted in bad faith or fraudulently in undertaking any duty or action under the Agreement; or c. any other dispute otherwise arising out of or relating to the terms or conditions of this Agreement or requiring the interpretation of this Agreement shall be resolved exclusively through the ADR procedure set forth in paragraph (3) below. 3. ADR Procedure. Any dispute subject to ADR, as described in subparagraph (2), shall be resolved exclusively by the following procedure: a. Board Consideration: Within ninety (90) days of the occurrence of any dispute, the objecting party (the "Claimant") shall submit a written notice of the dispute to the Chairperson specifying in detail the nature of the dispute, the parties claimed to have been involved, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainable, and the requested action or resolution of the dispute. A dispute shall be deemed to have occurred on the date the objecting party knew or reasonably should have known of the basis for the dispute. (i) Within sixty (60) days of the submission of the written notice, the Executive Committee shall, as necessary, request further information from the Claimant, collect such other information from any other interested party or source, form a recommendation as to whether the Claimant has a valid objection or claim, and if so, recommend a fair resolution of said claim. During such period, each party shall provide the other with any reasonably requested information within such party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day period. (ii) Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below. b. Arbitration. The Claimant may challenge any Board decision under subparagraph (V)(3)(a)(ii) by filing a demand for arbitration with the American Arbitration Association within thirty (30) days of the Board's vote (a "Demand"). In the event a Claimant shall fail to file a Demand within thirty (30) days, the Board's decision shall automatically be deemed final and conclusive. In the event the Participant files a timely Demand, the arbitrator or arbitration panel may consider the claim: provided however; (i) in no event may the arbitrator review any action taken by the Board that occurred three (3) or more years prior to when the Chairperson received notice of the claim; and (ii) in no event may the arbitrator award damages for any period that precedes the date the Chairperson received notice of the claim by more than twenty-four (24) months. c. The Participants agree that the procedure set forth in this Section V shall constitute their exclusive remedy for disputes within the scope of this Section. W. MISCELLANEOUS PROVISIONS. 1. This instrument constitutes the entire Agreement of the Participants with respect to the subject matter hereof, and contains the sole statement of the operating rules of the Consortium. This instrument supersedes any previous Agreement, whether oral or written. 2. Each Participant will perform all other acts and execute and deliver all other documents as may be necessary or appropriate to carry out the intended purposes of this Agreement. 3. If any article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, such article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion so adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and independent and the remainder of this Agreement shall be and remain in full force and effect and shall not be invalidated or rendered illegal or unenforceable or otherwise affected by such holding or adjudication. 4. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any claims made under Section V(3)(b) except to the extent otherwise limited therein, shall be governed by New York substantive law. 5. All notices to any party hereunder shall be in writing, signed by the party giving it, shall be sufficiently given or served if sent by registered or certified mail, return receipt requested, hand delivery, or overnight courier service addressed to the parties at the address designated by each party in writing. Notice shall be deemed given when transmitted. 6. This Agreement may be executed in two or more counterparts each of which shall be deemed to be an original but all of which shall constitute the same Agreement and shall become binding upon the undersigned upon delivery to the Chairperson of an executed copy of this Agreement together with a certified copy of the resolution of the legislative body approving this Agreement and authorizing its execution. 7. The provisions of Section V shall survive termination of this Agreement, withdrawal or expulsion of a Participant, and/or dissolution of the Consortium. 8. Article and section headings in this Agreement are included for reference only and shall not constitute part of this Agreement. 9. No findings or recommendations made by the Joint Committee on Plan Structure and Design or by the Chair of the Joint Committee shall be considered a waiver of any bargaining rights under any contract, law, rule, statute, or regulation. X. APPROVAL, RATIFICATION, AND EXECUTION. 1. As a condition precedent to execution of this Municipal Cooperative Agreement and membership in the Consortium, each eligible municipal corporation desiring to be Participant shall obtain legislative approval of the terms and conditions of this Agreement by the municipality’s governing body. 2. Prior to execution of this Agreement by a Participant, the Participant shall provide the Chairperson with the resolution approving the municipality’s participation in this Consortium and expressly approving the terms and conditions of this Municipal Cooperative Agreement. Each presented resolution shall be attached to and considered a part of this Agreement. 3. By executing this Agreement, each signatory warrants that he/she has complied with the approval and ratification requirements herein and is otherwise properly authorized to bind the participating municipal corporation to the terms and conditions of this Agreement. [Signature Pages Follow] IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed as of the day and year first above written. CITY OF ITHACA By: ___________________________ Mayor TOWN OF ENFIELD By: ___________________________ Town Supervisor COUNTY OF TOMPKINS By: ___________________________ Chair of the County Legislature TOWN OF GROTON By: ___________________________ Town Supervisor TOWN OF CAROLINE By: ___________________________ Town Supervisor TOWN OF ITHACA By: ___________________________ Town Supervisor TOWN OF DANBY By: ___________________________ Town Supervisor TOWN OF DRYDEN By: ___________________________ Town Supervisor TOWN OF ULYSSES By: ___________________________ Town Supervisor VILLAGE OF GROTON By: ___________________________ Mayor VILLAGE OF CAYUGA HEIGHTS By: ___________________________ Mayor VILLAGE OF DRYDEN By: ___________________________ Mayor VILLAGE OF TRUMANSBURG By: ___________________________ Mayor Addendum “A” Example of Weighted Voting Formula under Section D(2) If 10 Participants have 500 or fewer enrollees each and 2 Participants have more than 500 enrollees each, under subparagraph “a” the 10 each get 1 vote. Under subparagraph “b” the 2 large Participants get 4 votes each, which is calculated by taking the total number of votes under subparagraph “a” [10] subtracting 1, dividing by the number of eligible Participants under subsection “b” [2], and rounding the result [4.5] down to the nearest whole number [4]. The Labor Representative shall have 1 vote, irrespective of the votes available to the Participants. 9.10 Controller’s Report 9.11 Possible Motion to Enter Into Executive Session to Discuss Labor Negotiations - Resolution 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend The City Of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” To Correct Inconsistencies Within the Zoning Ordinance Pertaining to Rear-Yard Setbacks. WHEREAS, Chapter 325 of the Municipal Code of the City of Ithaca (“Zoning”) contains certain internal inconsistencies regarding the required rear-yard setback in certain districts (e.g., as to whether such minimum setback is 20 feet or 10 feet); and WHEREAS, a reference in Chapter 325 (and in the “District Regulations Chart”) to a requirement of the New York State Uniform Fire and Prevention Code (regarding the minimum rear-yard setback for multiple dwellings) is no longer accurate; now therefore ORDINANCE NO. 10-__ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the Municipal Code of the City of Ithaca (entitled “Zoning”) be and hereby is hereby amended as follows: Section 1. Chapter 325, Subsection 325-18.C, of the Municipal Code of the City of Ithaca (entitled “Reductions in Rear Yards”) is hereby deleted in its entirety, and the subsequent subsection is hereby re-lettered accordingly. Section 2. Chapter 325, Section 325-8 (entitled “General Notes Pertaining to Regulations”), Subsection B(7), of the Municipal Code of the City of Ithaca is hereby deleted in its entirety, and the subsequent subsections are hereby re-numbered accordingly. Section 3. In the “District Regulations Chart” referred to and incorporated into Chapter 325, Subsection 325-8.A, of the Municipal Code of the City of Ithaca, in the “General Notes” thereon, item numbered “8” (pertaining to possible, additional setback or other requirements imposed by the New York State Uniform Fire and Prevention Code) is hereby deleted in its entirety, and the subsequent notes are re-numbered accordingly. Section 4. The “District Regulations Chart” is hereby further amended as follows: (a) In Column “14/15” of the Chart (re: rear yard dimensions), the existing column entries for the R-1, R-2, R-3, R-U, C-SU and MH-1 districts shall be supplemented with the words: “(but not less than 20 feet)”. (b) In Column “14/15” of the Chart, the existing column entries for the B-1, B-2a, B-2c, B-2d, B-4, B-5, I-1, M-1 and SW districts shall be supplemented with the words: “(but not less than 10 feet)”. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 10.2 Declaration of Continued Emergency and Authorization of New and Improved Temporary Fences on Gorge Bridges - Resolution WHEREAS, the high bridges across Ithaca’s gorges have provided spectacular and inspiring views of the City and its environs, and a unique and important window for residents and visitors into the natural beauty of the gorges and the area’s geologic history; and WHEREAS, these same bridges (across Fall Creek and Cascadilla Creek) are located adjacent to, within or between areas of the Cornell University campus, providing the most heavily used means of accessing the central campus, by vehicles and/or pedestrians; and WHEREAS, three of the bridges in question are owned and maintained by the City of Ithaca, and five are owned and maintained by Cornell University; and WHEREAS, these same, eight bridges have also been the sites, over the years, of deaths and injuries, both as a result of accidental falls and intentional leaps, with approximately one-half of the suicidal jumps involving college students; and WHEREAS, in the past 20 years, there have been 29 jumps or falls from these bridges, with 27 being fatal and the other two resulting in serious injury; more than half of these were from City-owned bridges, and the vast majority of these incidents were deemed to be suicidal; and WHEREAS, in early 2010, within a one-month period, three known or probable suicides occurred from two of these high bridges, the last two within two days of each other in March; and WHEREAS, Cornell officials, in emergency consultation – immediately after these three incidents - with professionals who study suicide and/or work on its prevention, concluded that the incidents likely represented a “suicide cluster” and were both the result of and the continuing cause of a “suicide contagion,” and further that Ithaca’s and Cornell’s high bridges likely represented “iconic” suicide sites known to attract vulnerable people, especially vulnerable young people, potentially resulting in further impulsive suicide attempts, in succession, after publicity about previous suicides from the same iconic site, and, further, that swift emergency action should be taken to place physical deterrents to impulsive suicide attempts, in the form of barriers on the high bridges; and WHEREAS, in March 2010, Cornell closed or erected temporary, emergency, chain-link fences on its own bridges across the Fall Creek and Cascadilla Creek gorges, without going through the City’s normal environmental review and site plan permitting procedure (as such steps would have resulted in a delay Cornell officials believed would have created an unacceptable risk of still more loss of life); and WHEREAS, in March 2010, Cornell officials met with City of Ithaca Mayor Carolyn Peterson, as the result of which Cornell Vice President Kyu-Jung Whang sent a letter to City of Ithaca Mayor Carolyn Peterson on March 26, 2010 explaining the need for the University’s actions and requesting that the City allow Cornell to place similar emergency fences on the three City-owned bridges in question; and WHEREAS, the placement of a fence or other barrier on a bridge is an action normally subject to the City’s site plan review and other permitting procedures, as well as environmental review (per City and State law), and is exempt from such review only if it is temporary (of short duration and reversible) and of an emergency nature; and WHEREAS, on March 26, 2010, the Mayor exercised her authority under Section 4-1 of the City’s Municipal Code, and declared that the string of recent, apparent suicides and the accompanying risk of a suicide contagion that could lead to further harm constituted an emergency “affecting the life, health or safety of inhabitants of the City,” and that for that reason she was granting permission to Cornell to install temporary fences on the three City bridges (at Cornell’s sole cost), without the normal review and permitting process, but only until June 4, 2010; and WHEREAS, during April 2010, Cornell contacted three experts in the field of studying suicide and its prevention: Annette L. Beautrais, Ph.D., Senior Research Scientist, Department of Emergency Medicine, Yale University School of Medicine; Madelyn S. Gould, Ph.D., M.P.H. Professor, Psychiatry and Public Health (Epidemiology), Columbia University; and Eric D. Caine, M.D. Professor and Chair, Department of Psychiatry, University of Rochester Medical Center, and further Cornell asked them to study and visit the Cornell campus and City of Ithaca, to consult with leaders at the university and in the City, to provide information and opinion about current research and best practices, to assess the risks and challenges faced in the City of Ithaca both on and off campus, and to make recommendations on how the university and the City of Ithaca could address these challenges; and WHEREAS, during early May 2010, these three experts spent several days in Ithaca, during which time, among other activities, they met with the Mayor and other leaders in City government at City Hall, and held a public forum to which a large number of City and Cornell officials and leaders were invited, for the purpose of sharing their perspectives about suicide and suicide prevention, as well as receiving and answering questions from the audience; and WHEREAS, in mid-May 2010, Cornell officials advised the Mayor and other City officials of the experts’ oral conclusions and recommendations, which included the strong recommendation that temporary fences on the City-owned and Cornell-owned bridges should remain in place while permanent, more suitable and aesthetically-acceptable means restrictions that could be placed on or under the bridges were explored, designed, and reviewed through the normal process of site plan, environmental, and other review and approval procedures; and WHEREAS, Cornell has acknowledged that the temporary chain link barriers on the bridges (which Cornell believes needed to be installed within a matter of days, using readily-available materials, to address the risk of further suicides) and their associated top armature sections are not attractive and do not take into account the aesthetic value of the bridges or the desirability of preserving important views from the bridges; and WHEREAS, Cornell proposed, in a letter dated May 27, 2010 from Vice-President Susan Murphy to the Mayor, that the chain-link fences on the City bridges should be permitted to remain for 10 more weeks after they had previously been scheduled to be removed (on June 4, 2010), during which period Cornell and City representatives could work closely together in order to (briefly summarized): a. gain more knowledge about means restriction on bridges as a way of addressing suicides or the suicide contagion phenomenon in a community like Ithaca, b. consider how the important viewing and other aesthetic amenities of the high bridges could be preserved in conjunction with a means restriction approach, c. review designs for more visually acceptable temporary, emergency fence materials, d. consider a mutually agreeable timetable for the more visually acceptable, temporary, emergency fence material to remain on the bridges, while permanent means restriction approaches and potential solutions were discussed, designed, and reviewed through the normal process of site plan, environmental, and other review and approval procedures; and WHEREAS, on June 2, 2010, the Common Council adopted a resolution entitled “Common Council Declaration of Emergency and Authorization of 10-week Extension for Existing, Temporary Fences on Gorge Bridges”; and WHEREAS, since June 2, 2010, representatives of the City, including elected and appointed officials and senior-level staff have met frequently with representatives of Cornell, have exchanged information including: (a) the three consultants’ “Basic Report” when it became available in mid-June, (b) the three consultants’ “Extended Report” when it became available in early July, (c) data on suicidal jumps and accidental deaths from the gorge bridges, (d) bridge by bridge analyses of the views and other amenities from bridges and how they might be preserved in conjunction with both temporary and permanent means restriction approaches, features of their railings and whether they contribute to or deter potential jumps or accidental falls, (e) descriptions of Cornell’s on- going mental health and safety counseling and other programming for students, (f) samples of temporary fence material that could be installed in place of chain link material, including installation features and modifications to it that would preserve some viewing opportunities and other aesthetic qualities of the bridges while temporarily on bridges; and WHEREAS, on July 14, 2010, the Common Council and the City’s Board of Public Works conducted a special, joint meeting to which members of other City boards and committees as well as the public were invited, and at which representatives of the City and Cornell explained the work they had been doing, summarized the information they had exchanged, explained Cornell’s rationale for and request that temporary emergency fencing remain on the bridges - but in a more aesthetic form, and at which questions and comments from other City officials and from the general public were entertained by representatives of the City and Cornell; and WHEREAS, the temporary fence material proposed by Cornell to be installed (at Cornell’s sole cost) in place of the existing chain link fence material is less reflective, does not have armature at the top, has viewing “portholes” at various heights and intervals to allow viewing and picture taking without wire, is lower in height than the chain link fence it would replace, and overall has a lighter weight appearance and a more architectural look than the industrial, heavy look of the chain link fence, and such characteristics mitigate to the extent practicable (given the temporary nature and purpose) the effects of fencing on the important views previously available from the gorge bridges, and makes the proposed fencing less apparent when the bridges are viewed from the gorges and from other areas near the bridges, and further the temporary fence material can be installed and subsequently removed without alteration or damage to the existing bridges; and WHEREAS, there appears to be sufficient expert evidence and opinion about the possibility of an ongoing “suicide contagion” in the City of Ithaca, and about the lingering effect of recent media attention and resultant notoriety of the high bridges in Ithaca making them potentially “iconic” suicide sites, which could increase the risk of suicide attempts from them, to constitute a continuing emergency affecting the life, health or safety of the inhabitants of the City of Ithaca; and WHEREAS, Cornell indicates that it remains committed to exploring (and, ultimately, proposing, for full review and public comment), during the extended emergency period provided for herein and in close collaboration with City representatives, creative, long- term means restrictions (including at least one sub-structure pre-schematic design per bridge) for each of the bridges in question intended to deter impulsive jumps (and/or their injurious results) while also preserving to the greatest extent practicable the aesthetic attributes of the bridges and the important views available from and of them; now therefore be it RESOLVED, That the Common Council hereby declares that a threat to the safety or life of certain City residents and visitors appears to continue to exist in the form of a possible suicide contagion focused on the use of the high bridges across Ithaca’s gorges to end one’s life in a public manner from an iconic site, which risk justifies temporary continuation of the afore-mentioned emergency actions (not contingent upon the normal review and permitting procedures) to deter impulsive jumps from such bridges; and be it further RESOLVED, That, subject to the conditions set forth below and execution of the Memorandum of Understanding referenced below, the Common Council hereby authorizes Cornell University to continue to maintain temporary fences on the two City- owned bridges on Stewart Avenue (across Cascadilla Creek and Fall Creek) and the City-owned bridge on Thurston Avenue, and on the afore-mentioned Cornell-owned bridges, provided that by no later than August 20, 2010, Cornell, at its sole cost, shall replace the existing chain link material of each of the fences with the Designmaster 6- gauge wire, vinyl-coated black rectangular panel fence material described at the July 14, 2010 public meeting (or with a substantial equivalent to that manufactured by Designmaster, from a different manufacturer), which new material shall provide for a variety of viewing portals on each bridge, as described and presented at the July 14th meeting; and be it further RESOLVED, That the Common Council hereby requires as a condition of this authorization that Cornell University agree in writing to remove the improved, temporary, emergency fences from the various bridges in question - or any one or some of them, as the case may be - (at Cornell’s sole expense) upon the earliest occurrence of the following: (1) upon the timely replacement of the fences (or any of them) by a permanent means restriction project, as duly reviewed, permitted, and approved by the City, including all requisite environmental review and site plan approval and any other required consent (with the City and its boards to act in a timely, good faith manner with respect to such reviews, approval consent or disapproval); or (2) by May 31, 2011, if, for any particular bridge, no bona fide, good faith application for site plan review and Full Environmental Assessment Form (Part 1) for a proposed permanent means restriction project have been submitted by Cornell University by that date; or (3) within thirty (30) days of notice to do so from the City, if, following the timely submission (i.e., by May 31, 2011) of a bona fide, good faith application for site plan review and Full Environmental Assessment Form (Part 1) for the permanent means restriction project, Cornell has abandoned or failed to pursue in good faith and a reasonable, timely manner the process for the review and consideration of said site plan and any other, required approvals, for any particular bridge (or some or all of them); or (4) within thirty (30) days after any disapproval of a site plan review application for the permanent means restriction project (or for any individual bridge therein), or after written notice from the Mayor to Cornell of a decision by the City not to consent to the installation of such project on some or all of the City-owned bridges; and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized to enter into a Memorandum of Understanding with Cornell containing such terms and conditions as she shall deem reasonably necessary and appropriate to protect the interests of the City and to ensure that the intent of this resolution is carried out. 14. MAYOR’S APPOINTMENTS: 14.1 Appointments to Ithaca Housing Authority Board – Resolution RESOLVED, That Arthur Williams be appointed to the Ithaca Housing Authority Board to replace Donald Byrd with a term to expire October 17, 2012, and be it further RESOLVED, That Christopher Malcolm be appointed to the Ithaca Housing Authority Board to replace Joan Serra with a term to expire October 17, 2013.