HomeMy WebLinkAboutMN-CC-1995-10-25October 25, 1995
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting7:30 p.m. October 25, 1995
PRESENT:
Mayor Nichols
Alderpersons (9) - Booth, Hanna, Gray, Thorpe, Mackesey,
Schroeder,
Shenk, Efroymson, Sams
EXCUSED:
Alderperson Johnson
OTHERS PRESENT:
City Attorney - Guttman
City Clerk - Conley Holcomb
City Controller - Cafferillo
Fire Chief - Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
SPECIAL ORDER OF BUSINESS:
Memorandum of Understanding with Cornell University (As Amended
by Common Council on October 9, 1995 and the Cornell University
Board of Trustees on October 13, 1995)
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, as the result of productive negotiations between the
City of Ithaca and Cornell University, a proposed Memorandum of
Understanding has been drafted, and
WHEREAS, President Hunter R. Rawlings, III, on October 5, 1995,
at a public press conference in City Hall, initialed this
proposed Memorandum of Understanding and announced that he would
recommend to the Cornell University Board of Trustees that they
approve this Memorandum of Understanding, and
WHEREAS, the successful future of the City and Cornell University
are inextricably entwined, and
WHEREAS, it is in the best interest of the City to have a
constructive, cooperative relationship with Cornell University,
and
WHEREAS, Cornell University has assured the City of its intention
not to reduce services it presently provides such as public
safety, emergency response, etc., and
WHEREAS, Cornell University will be making significantly
increased voluntary contributions to the City in recognition of
the fire and many other services provided by the City, and
WHEREAS, Cornell University has acknowledged that a stable local
government, a strong economic environment, a high-quality
educational, cultural and social environment, a safe and secure
community, and one in which members of the University community
respect the rights and legitimate expectations of their
neighbors, are all essential to the continued success of the
University and that the University wishes to enter into a long-
term written Memorandum of Understanding with the City, and
WHEREAS, it is in the best interest of the City of Ithaca to
enter into the attached long term Memorandum of Understanding
with Cornell University; now, therefore, be it
RESOLVED, That the Mayor is hereby authorized, on behalf of the
City of Ithaca, to sign the attached Memorandum of Understanding
with Cornell University, as modified by Common Council at its
Special Meeting of October 9, 1995, and as further modified by
the Cornell University Board of Trustees on October 13, 1995.
October 25, 1995
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF ITHACA AND CORNELL UNIVERSITY
October 5, 1995
As Amended by Common Council on October 9, 1995 and as
further modified by the Cornell University Board of
Trustees on October 13, 1995
PREAMBLE
This Memorandum of Understanding is entered into by the parties
in mutual recognition that their futures are inextricably
entwined. Cornell University and the community that now
comprises the City of Ithaca have had a deep and on-going
relationship for more than 130 years. Each depends upon and
draws upon the strength of the other. The City and its
neighboring municipal jurisdictions have provided a physical and
social environment in which the University has flourished; the
University, in turn, has been a principal economic and cultural
force in the community.
As is true with many long-term relationships, the intensity and
quality of the interaction between the City and the University
have varied over time. Both parties have faced, and continue to
face, significant fiscal and regulatory pressures from the
outside, particularly from the state and federal governments.
Both parties are similarly affected by changes in the local
economy and beyond. These pressures make it all the more
important that both parties understand and accommodate their
respective interests in furtherance of the common good of the
entire community.
This Memorandum of Understanding represents a determination on
the part of the City and the University to pursue this objective
and to build upon previous and existing agreements in a spirit of
partnership, friendship and cooperation. It reflects our
conviction that cultivating this spirit is essential for a
productive and mutually supportive future.
The City of Ithaca recognizes that Cornell's ability to succeed
as a leading national research university is essential for the
long-term economic and social health of the City and its
residents. Without question, the presence of Cornell enhances in
many ways the quality of life in the City and in all of Tompkins
County. Cornell faculty, students, and staff provide thousands
of hours of voluntary services each year to various community and
social service agencies in the City. As the largest employer in
the City of Ithaca and in the county, Cornell's students,
faculty, and staff contribute to the area's economic vitality;
their local expenditures constitute a significant share of the
sales tax revenue generated in the City and in Tompkins County,
and the thousands of visitors attracted to our local community by
virtue of the presence of the University make a like
contribution. The capital construction and renovation programs
of the University similarly play a major role in the enhancement
of the local economy, with the prospect of tens of millions of
dollars being spent locally over the next decade. The civic life
of the community also has been enhanced through the participation
of many University faculty and staff on City boards and
commissions, and indeed on Common Council, as well as through the
provision of continuing ad hoc advice and consultative services
to this and other municipalities.
Cornell recognizes that its presence also creates demands in the
community for municipal services, particularly in the area of
fire protection. The City's police and fire services, its well-
maintained streets and bridges, its many youth and recreational
programs, its affordable housing initiatives, its extensive park
system, and its attractive neighborhoods and civic centers, among
other resources, all help to provide the healthy surrounding
community environment necessary for Cornell's well-being. Cornell
October 25, 1995
was among the first universities in the nation to make voluntary
payments to its local municipality in support of public services,
and it remains committed to doing so within the availability of
its financial resources.
OBJECTIVES
In furtherance of the partnership desired by the City and the
University, both parties agree to pursue the following
objectives:
1. A stable local governmental and economic environment that
contributes to Cornell's ability to succeed as a leading national
research university, and to the City's ability to provide a high
quality physical, educational, social, and cultural environment.
2. A common understanding that the University is a dynamic and
vibrant institution, whose instructional, research, and outreach
missions will invariably change over time, requiring appropriate
adjustments in the physical and operational characteristics of
the campus.
3. A mutual recognition that restrictions on the University's
ability to make appropriate adjustments in the physical and
operational characteristics of the campus will inevitably place
significant limits on the University's capacity to compete
effectively in the national and international higher education
marketplace and to provide economic, cultural, and financial
support to the surrounding community.
4. A governmental environment that supports intelligent economic
development initiatives, not only in the City but throughout
Tompkins County, with the goal of encouraging the growth and
diversity of local business and industry, thereby stimulating the
expansion of local job opportunities and the sales and real
estate tax bases.
5. A high-quality educational, cultural and social environment
that seeks to meet the legitimate needs of the entire community,
particularly its children and youth, and that constitutes an
indispensable ingredient for the successful recruitment and
retention of the University's faculty and staff.
6. A safe and secure community in which municipal fire and
police services complement and support related activities already
provided by the University itself and in which members of the
University community respect the rights and legitimate
expectations of their neighbors.
7. The continued development of carefully coordinated joint
planning between the University and surrounding units of local
government, typified by the nationally-recognized public transit
activities that resulted from such endeavors in the recent past.
8. Recognition that the University's most important asset is
intellectual, and that the application of faculty, student, and
staff expertise to the resolution of municipal and community
problems constitutes contributions of significant value.
UNDERTAKINGS
To secure these objectives, the City of Ithaca and Cornell
University agree to the following provisions, both singly and
jointly as the case may be:
1. The City of Ithaca and Cornell University pledge to conduct
their affairs in a spirit of mutual recognition and support.
2. Not later than January 15, 1996, the University and the City
will jointly appoint a Cornell-City of Ithaca permanent working
group, comprising no fewer than two executive officers of the
University and the heads of those operational units of the
October 25, 1995
University that interact most frequently with City departments
and agencies, two members of the City of Ithaca Common Council,
and a comparable number and level of City personnel.
a. The permanent working group will meet on a regular basis,
and at least quarterly, with the goal of analyzing issues of
common concern and making specific proposals for consideration by
the respective decision-making bodies of the City and the
University.
b. The subject matter for consideration by the permanent
working group will include, but not be limited to, the provision
of municipal fire and police services, public transit
opportunities, the availability of affordable housing and its
relationship to the presence of on-campus housing, the role of
University community service programs, the availability of
University facilities and programs to members of the public, the
respective roles of the City and the University in the regulation
of traffic and parking and in the maintenance and renovation of
the surrounding infrastructure, and matters of common concern
affecting zoning, land use, and the environment.
3. The City of Ithaca pledges its determination to review
University applications for building permits and other municipal
authorizations in a professional, expeditious, and cost-conscious
manner, consistent with applicable federal, state, and local law,
and in a manner consistent with the mutual objectives delineated
in this Memorandum of Understanding.
4. The University agrees to continue its present commitment to
exercise its purchasing power, to the extent practicable, to
support the local economy.
5. The University will encourage and facilitate opportunities
for members of its student body, faculty and staff to offer
their voluntary and professional services to the City to the
fullest extent possible.
6. The City of Ithaca acknowledges that in making voluntary
monetary, material, and in-kind contributions to local
municipalities, school districts, and community organizations,
Cornell University neither intends to waive its tax-exempt status
afforded by the laws of the State of New York nor to enter into a
contractual arrangement for payments in lieu of taxes. The City
further agrees that during the life of this Memorandum of
Understanding it will take no step to seek a change in that
status of the University, whether through judicial, legislative,
or other means. The University acknowledges that nothing in this
Memorandum of Understanding modifies the obligations of the City
pursuant to federal, state, and local law.
7. The University pledges to continue its long-standing
commitment to provide voluntary financial contributions to the
City of Ithaca and agrees to support fire protection and other
municipal services during the life of this Memorandum of
Understanding according to the following schedule:
PAYMENTS ($000)
OTHER
YEAR FIRE SERVICES MUNICIPAL SERVICES TOTAL
1995 225 25 250
1996 250 50 300
1997 275 75 350
1998 300 100 400
1999 325 125 450
2000 375 175 550
2001 400 200 600
October 25, 1995
2002 425 225 650
2003 450 250 700
2004 475 275 750
2005 550 350 900
2006 575 375 950
2007 600 400 1,000
a. In each calendar year, beginning with 1996, the University's
contribution pursuant to this schedule shall be made not later
than July 15.
b. In each calendar year, beginning with 1996, the City will
report to the University by February 15 on the manner in which it
has expended the University's contribution in the prior calendar
year and the purposes for which it intends to expend such
contribution in the current calendar year.
c. These voluntary contributions constitute the total voluntary
financial obligation of the University to the City of Ithaca
during the period of this Memorandum of Understanding.
8. This Memorandum of Understanding shall take effect
immediately upon authorized approval of the respective governing
bodies and shall remain in effect through December 31, 2007.
Recognizing that the composition of their respective governing
bodies (the City of Ithaca Common Council and the Cornell
University Board of Trustees) will inevitably change over time,
the parties pledge the good faith efforts of their institutions
to secure the attainment of these provisions throughout the life
of the Memorandum of Understanding. This Memorandum of
Understanding is subject to cancellation upon written notice
(with stated reasons) not less than six months prior to the start
of the calendar year in which the proposed voluntary contribution
is to be made.
9. Not later than April 15, 2007, the University and the City
each will appoint three senior officials to meet for the purpose
of reviewing this Memorandum of Understanding and determining
whether and how it should be amended and extended into the
calendar year beginning January 1, 2008, and beyond.
SIGNATURE
In witness hereof, we have affixed our signatures on this ------
day of --------, 1995.
Alderperson Schroeder requested that the record show that the
Cornell University Board of Trustees has deleted the following
wording from Item #6 of Undertakings:
"Furthermore, Cornell acknowledges that the City will follow all
the procedures specified by its municipal Code, including all
normal opportunities for public comment."
Alderperson Schroeder further asked that the minnutes indicate
that Common Council believes this deleted sentence is implicit in
the reference to "local law" in the previous sentence of Item #6.
Alderperson Hanna noted that te Cornell University Board of
Trustees also deleted the words "and investment" from Item #4 of
Undertakings. He stated that he believes the City
representatives appointed to the permanent working should be
charged with the duty of exploring with Cornell, both the
possibilities of future investment in the community, and the
possibility of establishing a Cornell University Board of
Trustees policy on local investment in the community. He further
stated that because these possibilities are not negated in any
way by the cover letter from Hank Dullea, he will support the
Memorandum of Understanding.
Alderperson Booth requested that the following letter received
from Hendrik N. Dullea, Vice President for University Relations,
dated October 19, 1995 be added to the minutes:
October 25, 1995
Hon. Benjamin Nichols
Mayor, City of Ithaca
108 East Green Street
Ithaca, NY 14850
"Dear Ben:
I am enclosing for your attention a revised copy of the
Memorandum of Understanding, as initialed by you and President
Rawlings on October 5, 1995, and as further revised by the City
of Ithaca Common Council on October 9 and by the Cornell
University Board of Trustees on October 13. Assuming that this
revised version is acceptable to the Council, we can arrange a
mutually convenient time for you and President Rawlings to affix
your signatures.
The resulting document reflects the understandings that were
reached by the representatives of the City and the University in
our recent discussions. The Board of Trustees has accepted most
of the deletions and additions that were recommended by the
Common Council. The Board, however, declined to adopt two of the
Council's proposed revisions: those that added a reference to
the continued use of the University's "investment" power in
support of the local region, and the additional language that
referred to compliance with provisions of the Municipal Code
concerning public comment.
On the matter of the use of investment power, the Board of
Trustees determined that since this had not been a subject agreed
to in our discussions it should not be contained in the
Memorandum of Understanding. Furthermore, since we do not have a
formal policy at present concerning the use of University
investments in support of the local region, the Trustees did not
want it to appear that a new policy had been initiated or was
contemplated by virtue of the reference in the Memorandum. The
University has, of course, made investments over the years in the
local economy and may continue to do so in the future as
circumstances of specific investment transactions may warrant.
As for the language concerning compliance with the Municipal
Code, the Trustees believed that was more than adequately covered
by the reference in the previous sentence to compliance with
"federal, state and local law." I trust you would agree that the
University has in recent history made every effort to comply
with, and frequently exceed, all pertinent provisions of local
law concerning public comment.
Lastly, I should mention that we do have one substantive
concern in reference to the resolution adopted by the Common
Council in support of the Memorandum of Understanding. The
resolution is not part of the Memorandum of Understanding, so the
Board of Trustees took no action with respect to the Council
Resolution last Friday. Nevertheless, I should caution that the
assertion contained in the Council's resolution that, "Cornell
University has assured the City of its intention not to reduce
services it presently provides such as public safety, emergency
response, etc." should not be construed as if the University has
explicitly agreed to this statement; nor should it be interpreted
to suggest that we have committed to maintain the precise level
of staffing and support for each of these functions that they now
enjoy. While we have no present intention of making any
significant change in the responsibilities performed by Cornell
units in these areas, we do not have a commitment to freeze
existing levels of support indefinitely.
On behalf of Fred Rogers and Hal Craft, I want to express
our appreciation for the manner in which our recent discussions
were conducted with you, Dick Booth and John Efroymson. While
there were subjects on which we disagreed, the issues on which we
have found agreement were far more numerous. I look forward to
working with you and your colleagues in the future.
October 25, 1995
Sincerely,
Henrik N. Dullea
Vice President for
University Relations"
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Schroeder, Shenk, Efroymson, Sams, Gray,
Thorpe, Mackesey, Hanna
Carried (9-0)
ADJOURNMENT:
On a motion the meeting adjourned at 7:55 p.m.
Julie Conley Holcomb Benjamin Nichols
City Clerk Mayor