HomeMy WebLinkAboutMN-Parks-2015-03-10Approved: 4/14/15
CITY OF ITHACA PARKS COMMISSION
Tuesday, March 10, 2015, Noon to 1:30 p.m.
Cornell Cooperative Extension, 615 Willow Avenue, City of Ithaca
MINUTES
Present:
Commissioners: Larry Fabbroni, Dan Krall, Ellen Leventry, Roberta Moudry,
Margaret Hobbie (Roberta taking notes)
Staff:
Megan Wilson, City Planner
JoAnn Cornish, City Planner
Jeanne Grace, City Forester
Bill Goldsmith, BPW liaison
Josephine Martell, Common Council liaison
Others: Marc Messing, Christopher Glaubitz (CBC), Miguel Berrios (Friends of
Stewart Park)
Ellen called the meeting to order, pointing out that there were members of the
public attending and wanting to speak concerning the CBC proposed license. She
noted that the meeting would end promptly at 1:30 and that she would ask people
to adhere to time limits as they offered comments. She noted that there were other
items on the agenda to follow the discussion about the CBC.
1. Proposed License Agreement with the Cascadilla Boat Club (CBC) for use of
the Stewart Park Boathouse
Bill Goldsmith reported on the BPW discussion about the CBC license. All five
members and the mayor are in favor of the license for CBC to use boathouse. Three
commissioners also expressed interest in finding a way to grant access to occasional
users, not CBC members, to have access for non-motorized craft into the water at
this site.
Ari Lavine, City Attorney, is present as well and confirms Bill’s summary of the BPW
discussion.
Ellen asks Ari to present to commission and to guests the legalities of this topic. Ari
Lavine was asked by the mayor to engage in a discussion with the CBC regarding the
process of a new license for use of the boathouse in Stewart Park. This is a license
and not a lease, he emphasizes. Under leasing vs. licensing, he cites an email he has
sent to us on 1/28/2015. Lease is about land, license is about permission to engage
in an activity on that land. A license can be rescinded, a lease is typically for a long
Parks Commission Minutes
March 10, 2015
period and more difficult to terminate. This license is a three-year agreement and
can be rescinded with 9 months notice. It is not a blanket offering of space but an
acknowledgement of the value of the CBC’s offerings to the community.
There are multiple forms of use of public use in the park. There is interest in some
members of the BPW to allow other kinds of use, beyond rowing. The purpose of
which is to permit the public to take advantage of the CBC as well as the space.
Other points of emphasis: Boat club has been there since the 1970s and has
developed a robust program, including a de facto rowing team for the high school. It
has been paying $46/year up to this year. The fee proposed is just shy of
$13,000/year, based on the actual value of property use.
Bill and Ari both mention public access to the water. The license offers two forms: 1)
the ability of any member of the public to join the CBC “on reasonable terms,” and 2)
the license makes the CBC offer the docks to the public. The CBC requested a
reduction in the “rental” charge because of shared spaces.
Common Council discussed this in February. It should come to a vote in April. The
parks commission and BPW are advisory boards that will offer opinions. BPW has
its own jurisdiction, but in the case of licensing, it is advisory to Common Council.
Roberta questioned the phrase “reasonable terms” and Ari noted that it is a vague
term but that the license can be revoked if the city determines that the CBC is in
violation of any part of the agreement. Larry asked as well for clarification.
The public trust doctrine governs use of park land in New York State. Public park
land must be preserved, not sold or leased. A license for a specific use can be
enacted to permit a specific use of a specific space.
Ellen opens the discussion to commissioners and liaisons. Ellen notes that questions
are of three types: safety, public usage/membership, and upkeep of the facility.
Larry asks if we can hear from those members in the audience.
Bill notes that there are substantial scholarships and BPW and Common Council are
interested in this. The mayor said he wants the license to go through and that he
believes that “the public “ is equivalent to “the CBC membership” in this case. The
mayor feels that because the public is able to join the CBC, then he feels that in terms
of language that the membership is in fact the public.
Ari notes that it must be a public use if the license is to be approved.
Dan asks several questions: Why should the city subsidize a private boat club and
their facility? Why should we have been charging $40+ when the club was
“subleasing” space to others during this time? And, why are we are hearing from
many vocal members who are not city residents? Dan noted that he has asked for a
Parks Commission Minutes
March 10, 2015
roster to get a sense of how many members are city residents and has not been able
to secure this roster.
Ari notes that the new license will bring in close to $13,000 a year. It is known that
the CBC is attractive to a broad range of people from the area, including those who
live beyond the city limits, and that is seen as a plus.
Ellen states that the city has poured a large amount of money into the building and
yet there is a desire for exclusive use of the building by the CBC. Ari notes that it is
legal for the CBC to charge members fees and storage. As for exclusive use, there is
exclusive use of the portions of the building. The land around the boathouse is part
of the license but not exclusive use. Part of the building is used by the Ithaca Youth
Bureau for storage.
Ari also comments on details of the boathouse structure. The second floor of the
boathouse is closed off to everyone until it is code compliant. When compliant, some
use would be made available to the CBC. On the first floor, the IYB will continue to
use some space for storage.
Dan asks another question: In three years, when licensing renewal is due, could
other groups request licensing as well? Ari notes that this is a three-year license, but
every year the license renews as a three-year license. Hence there is no actual
renewal date – the lease never ends.
Ellen brings up Section 8, which raises a question about repairs. If something
breaks, who is responsible? Ari responds that he has discussed this with Jeanne
Grace and Ray Benjamin. If the CBC breaks something, they are responsible, but if
they do not do repairs, the city will do the repair for cost plus 25%. Damage and
liability is covered by a request for substantial insurance, and an indemnity clause
written into the license giving the responsibility to the CBC and their insurer.
Jeanne also noted that there is a lease amount and an additional fee for the utilities.
There is charge of $650 for utilities and $250 for water, better for the city to have a
fixed fee of $900. Dan notes that the CBC has asked for a reduction in utilities
charges because the space is shared, but at the same time have asked for the
bathrooms to be open longer hours.
Ellen opens discussion to the public.
Elizabeth Ellis, is a masters rower and the parent of two rowers, one varsity and one
modified/middle schooler. There are now 500 CBC members. Anybody can row and
sign up. She became a member after learning and passing a test, so she can take a
boat out. You do not have to be a member to row. Membership does give you three
benefits: You can use a club boat, you can qualify to rent a rack, and you can vote on
club matters. (Dan asks, she is not a city resident.) She asserts that most members
are city residents.
Parks Commission Minutes
March 10, 2015
Club member Marty Van Der Heide wants to address safety and membership.
Rowing is very safe, safer than skiing. Most injuries are overuse injuries. Safety is
governed by US Rowing. There are safety documents and procedures that the CBC
follows. He states that the Club is lucky to have Dan Robinson (IC men’s rowing head
coach) as head of our safety committee. And that they don’t want anyone going on
the water in an unsafe manner.
Christopher Glaubitz, club member, worked with Ari on the leasing agreement, and
states that the CBC is aware that the fee of $46/year was not reasonable. As for the
use of building and park, the park is used by many non-city residents (he is a city
resident). He hopes that the club can work with the city to keep the building and
grounds in good repair.
Ellen asks Christopher Glaubitz if the CBC finds the lease agreement fee agreeable.
He says yes. He notes that 30% of scholastic rowers are scholarship members, and
that it will be important to raise money now.
Roberta notes that CBC has had many years of paying $46 and collecting rentals,
giving them a positive balance (in addition to membership fees). She notes that that
should have given the CBC a financial cushion from which to operate as they move
into a license agreement that is in line with market values.
Miguel Berrios, a Brooktondale resident who keeps a boat on the inlet, is very happy
to see young rowers on the water, and thinks it is very sensible to have a boat house
used by a local club.
Marc Messing says it is not a public club. His family is not permitted to join. He has
tried to rejoin and has had his membership rejected. He asks how the club will be
required to comply with New York State law. He asks how the license will mandate
minimum safety standards for underage minors. Finally, he asks about the finances
– would the city consider requiring an audit of the club’s finances?
Megan Wilson reads letters of support received prior to the meeting: An email from
Gary Evans (rower and non-city resident) supporting the CBC, and an email from
CBC president Kevin Brew supporting the license but asking for fee reductions
(mentioned above).
Bill notes that the state required the city to charge a reasonable rate for park
property (he notes that he is a rower and an enthusiast).
Cynthia Brock, Alderperson, First Ward, has sent a link to NYS’s handbook for
management of park land. She is reluctant to give to a non-profit responsibility of
serving the public. She cites concerns over the fact that the Club has rolling board
membership, Club behaviors, exclusion and that these are a concern in terms of
serving the general public. She suggests that we can follow a format that the city
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March 10, 2015
followed in Cass Park that gave one boat dock exclusive access to a nonprofit and
full public access to other docks.
Ari answers questions posed by Marc Messing and others. On the issue of safety: the
license states that CBC must operate in a safe manner, but that manner is not
specified. Paragraph 13 states that safety must be adhered to. Roberta and Larry
note that if there is not a specific law that mandates safety, then how can the city
require reasonable safety measures? Larry notes that it seems very open-ended.
Ellen ends the conversation but asks that this question be further clarified after the
meeting. Megan suggests that the response be circulated by email.
Dan asks what is the process for an individual who is concerned about the behavior
of a non-profit using city land. Ari notes that a person could be in touch with the
BPW if appropriate. It is not clear how the public can report to the city when
exclusive or unsafe practices occur in city parks.
2. Toyota Together Green Grant: “Revitalizing the Fuertes Bird Sanctuary
through Community Conservation Efforts”
Jeanne Grace and Miguel Berrios speak concerning implementation of the Toyota
Together Green Grant, entitled “Revitalizing the Fuertes Bird Sanctuary through
Community Conservation Efforts.”(more information can be found at:
www.togethergreen.org/fellows/fellows/miguel-berrios)
It is a small project working in Renwick Woods/Fuertes bird sanctuary doing
invasive plant management. The project involves Audubon, the local bird club and
environmental groups, other partners, including The Plantsman and Friends of
Stewart Park.
There will be a public meeting in April, to engage volunteer groups. Work parties to
follow to remove invasives and plant new native species.
Renwick Wildlife Area will be cleared of privet, honeysuckle and other invasives
that are growing vigorously. The goal is conservation and education. People
associate the area with unsavory activities, and this program and its volunteers can
recover the area and transform it in the eyes of the community.
Jeanne notes that this is a small pilot project but that it has the capacity to grow and
to possibly spawn a larger project.
3. Stewart Park Restrooms
Jeanne notes that the bid is $125,000, and the expected estimate was about $70,000.
There have been few bids.
Parks Commission Minutes
March 10, 2015
There is a proposed rehabilitation of one of the central windows and doors in the
Steward Park Large Pavilion that is being partially sponsored by Friends of Stewart
Park. Certified restoration experts working on this project.
Dan asks if there is going to be a licensing agreement also for the Wharton Studio
museum? Yes, Ari is working on this now. It is always a matter of money. There is
grant money that must be used on the large pavilion. A portion of it can be used on
the bathrooms and a small amount will be used to restore one of the windows.