HomeMy WebLinkAboutMN-CC-2003-10-21 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 7:00 pm October 21, 2003
PRESENT:
Mayor Cohen
Alderpersons (10) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal,
Mack, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
City Controller – Thayer
Deputy City Controller - Andrew
Economic Development Director – McDonald
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American Flag.
SPECIAL ORDER OF BUSINESS:
Discussion and Consideration of a Resolution regarding the Amended
City/Cornell Agreement
Cornell University President Jeffrey Lehman addressed Common Council and
responded to questions posed regarding the proposed revisions to the
Memorandum of Understanding (MOU) between the City and Cornell University.
President Lehman stated that the Cornell University Board of Trustees approved
the MOU on October 18, 2003.
Alderperson Vaughan stated that the meetings between City and Cornell
representatives are often cancelled due to busy schedules. She recommended
that the language of clause 3, under “Undertakings”, be changed to allow for a 60
day notice period as proposed to a 45 day notice period if the University decides
to reduce its voluntary contributions in response to inequitable, arbitrary or
discriminatory treatment by the City.
President Lehman stated that he was reluctant to change the agreement as
approved by the Cornell University Board of Trustees, however he did not object
to entering into a supplemental agreement to allow for a 60 day notice period.
Common Council members expressed their concern regarding the phrase “sole
judgment”, and the University’s definition of inequitable, arbitrary, and
discriminatory treatment.
President Lehman stated that this language would be in any agreement that the
University would consider with the City.
Recess:
Mayor Cohen recessed the meeting at 7:35 pm to accommodate the budget
hearings previously scheduled.
Alderperson Manos arrived at the meeting at 8:30 pm.
Reconvene:
Common Council reconvened in Regular Session at 9:10 pm.
October 21, 2003
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Discussion and Consideration of a Resolution regarding the Amended
City/Cornell Agreement
Extensive discussion followed on the floor regarding clause 3 under
“Undertakings” which reads as follows:
“While Cornell University neither seeks nor expects any preferential treatment, it
is mutually understood that the University is clearly entitled to be treated
equitably in all its dealings with the City of Ithaca throughout the duration of this
Memorandum of Understanding. Consequently, 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. In the event and to the extent the City of Ithaca takes any action
or imposes any fee that, in Cornell University’s sole judgment, is contrary to this
paragraph 3 of this Memorandum of Understanding or subjects Cornell to
inequitable financial burdens or arbitrary or discriminatory treatment, then Cornell
University may reduce its forthcoming annual payments to the City of Ithaca by
the amount Cornell has incurred in response to such action or fee. Before
reducing its voluntary payments, however, Cornell University will provide the City
of Ithaca 45 days notice of the amount it intends to reduce and the reasons
therefore, so that University and City representatives will have sufficient
opportunity to discuss such concerns during the “working group” sessions as
provided in paragraph 2 of this Memorandum of Understanding.”
Alderpersons Blumenthal and Peterson expressed grave concerns regarding the
negotiation process that was followed, the lack of Common Council involvement
in negotiations, the lack of open government and public comment during the
process, and the impact the agreement would have on the City’s quasi-judicial
boards and commissions.
City Attorney Schwab answered questions from Council members regarding the
agreement language and similar agreements in place in other communities. She
explained that the City attempted to rephrase the wording in clause 3 during
negotiations. She further explained that Cornell currently has the option of
reducing or eliminating their voluntary contributions upon written notice.
Resolution:
RESOLVED, That the Mayor is authorized to sign the amended Memorandum of
Understanding passed by Common Council on October 21, 2003 and by the
Cornell University Board of Trustees on October 18, 2003, between the City of
Ithaca and Cornell University and originally approved by Common Council on
October 9, 1995 and by Cornell University Board of Trustees on October 13,
1995.
Further discussion followed on the floor regarding the process followed to reach
this agreement.
Alderperson Mack offered his thanks to Cornell for assisting the City with a very
difficult financial situation.
Upon a request by Alderperson Manos, Common Council members disclosed
affiliations they have with Cornell University.
Alderperson Peterson stated that conversations with the University should be
initiated to affect changes in the Agreement language.
A vote on the Resolution resulted as follows:
Ayes (9) Pryor, Manos, Whitmore, Sams, Vaughan, Mack,
Peterson, Hershey, Cogan
Nays (1) Blumenthal
Carried
October 21, 2003
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Motion to Enter into Executive Session:
By Alderperson Hershey: Seconded by Alderperson Cogan
RESOLVED, That Common Council adjourn into Executive Session to discuss
the employment history of an individual.
Ayes (9) Pryor, Manos, Sams, Vaughan, Blumenthal, Mack, Peterson,
Cogan, Hershey
Nays (1) Whitmore
Carried Unanimously
Reconvene:
Common Council reconvened into regular session with no formal action taken.
ADJOURNMENT:
On a motion the meeting adjourned at 11:25 pm.
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor