HomeMy WebLinkAbout02-18-15 City Administration Committee Meeting AgendaCA Meeting
City Administration Committee
DATE: February 18, 2015
TIME: 6:00 pm
LOCATION: 3rd Floor,
City Hall, Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Allotted
Chair, Deb Mohlenhoff
1.Call To Order *Note: We will review the number of 15 Min*
1.1 Agenda Review No cards received at the beginning of each
1.2 Review and Approval of Minutes Yes meeting and adjust time if needed.
Approval of January 2015 Minutes
1.3 Statements from the Public No
1.4 Statements from Employees No
1.5 Council Response No
2.City Administration, Human Resources, and Policy
2.1 Declaration of Freedom from Domestic Yes Carry over from last month 10 Min
Violence as a Human Right
2.2 Attorney - Request to Change Retirement Tier Yes Ari Lavine, City Attorney 10 min
for PBA Member
3.Finance, Budget, and Appropriations
3.1 DPW - Authorization of additional funding for Yes Tom West, Director of Engineering 10 Min
Ithaca Skate Park Expansion, Capital Project #732
3.2 DPW – Stewart Ave Bridge Painting Project Yes Addisu Gebre, Bridge Systems Engineer 10 Min
3.3 Chamberlain – Request to Waive Penalty Yes Debra Parsons, City Chamberlain 5 Min
3.4 Mayor - Request for Funding for Hydrilla Yes Kevin Sutherland, Chief of Staff 10 Min
Project Svante Myrick, Mayor
Yes Ari Lavine, City Attorney 10 Min 3.5 Attorney - Funding for Outreach Worker
3.6 Attorney - Cascadilla Boat Club License No Ari Lavine, City Attorney 45 Min
–Presentation and Questions
3.7 Attorney – Use of Real Property Ordinance Yes Ari Lavine, City Attorney 10 Min
4.Performance Measures No
5.Common Council
5.1 Rules of Procedure No All 10 Min
6.Budget Process
6.1 Summary of Budget Survey No Kevin Sutherland, Chief of Staff 5 Min
7.Meeting Wrap-up All 5 Min
7.1 Announcements No
7.2 Review Agenda Items for next meeting No
7.3 Adjourn Yes (8:35 p.m.)
Committee Charge: The CA committee will:
Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce
environment, intergovernmental relations and human resources.
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 Controller’s Office at 607-274-6576 at least 48 hours before the meeting.
2.City Administration, Human Resources, and Policy
.1 Declaration of Freedom from Domestic Violence as a Human Right
WHEREAS, the Ithaca Common Council seeks to enhance the public welfare by declaring that
freedom from domestic violence is a fundamental human right, and
WHEREAS, domestic violence or intimate partner violence is the physical, sexual, or emotional
abuse of men, women, and children by their intimate partners or immediate family members, and
WHEREAS, domestic violence is a human rights concern that affects individuals of every gender,
sexual orientation, race, age, nationality, religion, and economic status, and
WHEREAS, survivors of domestic violence must deal with the effects of physical injuries, long-
term psychological damage, financial instability, and trouble finding safe housing, and
WHEREAS, domestic violence has a deeply negative impact on children who are exposed to it,
and
WHEREAS, more than 1 in 3 women and more than 1 in 4 men in the United States will
experience rape, physical violence, and/or stalking by an intimate partner during their lifetimes,
according to the Centers for Disease Control and Prevention, and
WHEREAS, 87 women and men in New York State died as a result of intimate partner homicide
in 2013, and
WHEREAS, in 2013, law enforcement agencies in New York State outside of New York City
responded to 189,152 domestic violence incidents and reported 31,106 assaults committed by
intimate partners, 80% of which were committed against women, and
WHEREAS, New York State courts issued 300,236 orders of protection in 2013, nearly 210,000
of which were required to be recorded in the Unified Court System’s Domestic Violence
Registry, and
WHEREAS, in Tompkins County, law enforcement agencies reported an average of 147 victims
of domestic violence offences per year between 2010 and 2013, and
WHEREAS, in 2013, the Advocacy Center of Tompkins County answered 2,055 calls on its
domestic violence and sexual assault hotline and served 212 new adult domestic violence clients,
including providing shelter for 37 adults and their 25 children and helping 72 individuals obtain
final orders of protection from the courts, and
WHEREAS, the United Nations has recognized that freedom from domestic violence is a human
right affecting the realization of many other rights and freedoms and that governments have a
responsibility to prevent and respond to such violence, and
WHEREAS, the United Nations Special Rapporteur on Violence Against Women has stated that
domestic violence is a “pervasive human rights violation;” that responses to violence should
recognize human rights as a premise; and that the United States’ “lack of substantive protective
legislation at federal and state levels, and the inadequate implementation of some laws, policies
and programmes, has resulted in the continued prevalence of violence against women and the
discriminatory treatment of victims, with a particularly detrimental impact on poor, minority and
immigrant women”, and
WHEREAS, in 2011, the Inter-American Commission on Human Rights found in Jessica
Lenahan (Gonzales) v. United States that the United States’ failure to protect women from
gender-based violence constitutes discrimination and a human rights violation and urged the
United States to enact law and policy reforms at all levels to protect survivors of domestic
violence and their children; and
WHEREAS, law enforcement, courts, cities, counties, towns, villages, social service agencies,
and other local government entities constitute the first line of defense against domestic violence,
and
WHEREAS, over the past 25 years, Tompkins County has been a leader in domestic violence
response by introducing a number of initiatives, including the establishment of an Integrated
Domestic Violence Court, and
WHEREAS, by recognizing that freedom from domestic violence is a human right, the City of
Ithaca will raise awareness and enhance domestic violence response and education in
communities, the public and private sectors, and within government departments; now, therefore
be it
RESOLVED, That Common Council hereby approves the following:
1.That the City of Ithaca joins world leaders and leaders in the United States in recognition
of domestic violence as a human rights concern and declares that freedom from domestic
violence is a fundamental human right;
2.That state and local governments should continue to secure this human right on behalf of
their citizens;
3.That this resolution shall serve as a charge to all City of Ithaca departments and offices to
incorporate these principles into their policies and practices and to ensure that those
policies and practices are informed by domestic violence survivors’ voices and needs;
4.That the City of Ithaca shall consider undertaking, together with community partners, a
study of the causes of local domestic violence incidents and of the gaps and barriers in
the City’s service delivery to survivors of domestic violence, with the goals of preventing
domestic violence, strengthening the City’s response to domestic violence, and improving
the provision of services to survivors; and
That a copy of this resolution shall be sent to Chief of Police John R. Barber, the Village Mayors
and Town Supervisors in Tompkins County, the Honorable Chairs and Members of the
Tompkins County Council of Governments, the Tompkins County Office of Human Rights, the
Tompkins County Sheriff, the Police Chiefs for the Villages of Cayuga Heights, Dryden, Groton,
and Trumansburg, the Cornell University Police Chief, the Ithaca College Public Safety Director,
the Tompkins Cortland Community College Campus Safety Director, the New York State Police
Troop C Station Commander, the Tompkins County District Attorney, the judges in Tompkins
County, Governor Andrew Cuomo, Assembly Speaker Carl E. Heastie, Assemblywoman
Barbara Lifton, Senate Majority Coalition Leaders Dean Skelos and Jeff Klein, and Senator
Thomas O’Mara.
2.City Administration, Human Resources, and Policy
.2 Request to Change Retirement Tier for PBA Member
WHEREAS, Christopher Cady (“Officer Cady”) has been employed by the City of Ithaca
(“City”) Police Department as a police officer since December 4, 2013; and
WHEREAS, when Officer Cady joined the City of Ithaca Police Department, he unintentionally
and in error enrolled in the twenty (20) year Section 384-d retirement plan in the Police and Fire
Retirement System (“PFRS”) as a Tier 6 member; and
WHEREAS, Officer Cady was eligible for and should have enrolled in the twenty-five (25) year
Section 384 retirement plan in the PFRS offered by the City as a Tier 3 member based upon his
prior service time in the Employees Retirement System, which time he can transfer to the PFRS;
and
WHEREAS, Officer Cady wishes to join the Section 384 Plan, but can do so only if the State of
New York enacts special legislation after issuance of a home rule request by the City; and
WHEREAS, the Retirement System has estimated that the fiscal implications of this home rule
request and plan change will result in no past service cost contribution and no fiscal impact to the
City, and the Retirement System will provide a formal fiscal note once the enabling legislation
has been drafted; and
WHEREAS, the Common Council believes that it would be in the best interests of the City and
Officer Cady to request that the New York State Legislature adopt such home rule legislation;
now therefore be it
RESOLVED, That the Mayor is authorized to request that the New York State Assembly and
New York State Senate enact legislation to allow Officer Cady to change his enrollment in the
PFRS from a Tier 6 member in the Section 384-d Plan, to a Tier 3 member in the Section 384
Plan; and be it further
RESOLVED, That the Mayor or his designee is authorized to sign and submit any
documentation or related paperwork that may be required to secure this home rule legislation and
allow Officer Cady to change to the Section 384 plan; and be it further
RESOLVED, That notwithstanding anything in this resolution to the contrary, the Mayor shall
bring this matter back to Common Council for further review and approval if the formal fiscal
note provided by the Retirement System after the legislation is drafted imposes any costs on the
City, unless Officer Cady agrees to reimburse the City for all such costs.
3. Finance, Budget, and Appropriations
.1 DPW - Authorization of additional funding for Ithaca Skate Park Expansion, Capital
Project #732
WHEREAS, Common Council has established Capital Project 732 for the purpose of modifying
the skate park at Wood Street Park, and
WHEREAS, the Ithaca community of skaters and bikers has fulfilled its commitment to provide
resources to fund the modifications to the skate park at Wood Street Park by raising
approximately $216,000, and
WHEREAS, community stake holders, professional design consultants and City staff have
successfully collaborated to develop an economical and contemporary expansion of the existing
skate park, and
WHEREAS, bids were received for the expansion of the skate park at Wood Street Park on
January 20, 2015, and
WHEREAS, award of contract to the lowest qualified bidder will require an additional $61,000;
now, be it
RESOLVED, That the Common Council authorizes an addition of an amount not to exceed
$61,000 to Capital Project 732, giving a total project authorization of $245,000, and be it further
RESOLVED, That the funds necessary for said amendment shall be derived from the issuance
of Serial Bonds.
To: City Administration Committee
From: Tom West, Director of Engineering
Date: February 6, 2015
Re: Request for Additional Funding, CP 732, Ithaca Skate Park Expansion
On January 20, 2015, four bids were opened for the Ithaca Skate Park Expansion, Capital
Project #732. In order to award the contract for construction to the lowest qualified bidder
the budget requires an additional $61,000.
________________________________________________________________
This project will provide a more contemporary and exciting feature to an already popular
City park.
Beyond the merits of the project, there are strong reasons the City should move forward
with this project.
•The bids we received were both competitive and responsive. The designer and the
stake holder group all stressed the importance of having a qualified and experienced
skate park contractor perform the work. Our bids reflect that requirement.
•The project was bid at a good time of year to maximize the opportunities to have the
work scheduled at the most competitive prices; I have no reason to believe that re-
bidding the project would get us under budget.
•There isn’t anything in the low bid to suggest inflated prices.
•Perhaps most importantly, the stake holders of the community have fulfilled their
promise to provide significant financial resources to the project. Approximately
$216,000 was raised by the community which substantially exceeds the City’s current
$118,000 commitment.
Attached is the bid tabulation showing the bidder and bid prices, a budget summary
showing the current status of the budget and the shortfall and a resolution authorizing
additional funding.
If you have any questions, you can reach me at 327-0710 or tomw@cityofithaca.org. Thank
you.
BUDGET
skate park CP #732 tww 2/6/2015
Pre-BidPost-Bid CommittmentsCommittments
BudgetBudgetExpendedRemaining
PROFESSIONAL SERVICES
Architect $42,300.00$42,300.00$40,299.95$2,000
Reimbursibles $4,700.00$4,700.00$1,734.72$2,965
Geotech / Survey $7,000.00$7,000.00$4,552.35$2,448
Contingency 10.0%$5,400 $0
check
$59,400$54,000$46,587$7,413$54,000.00
CONSTRUCTION CONTRACTS
Nelson Streeter $225,000.00$324,650 $0$324,650
Contract 2 $2,500.00$2,500 $0$2,500
Contract 3 $0.00 $0 $0 $0
DPW - labor $0.00 $0 $0 $0
DPW - materials $4,000.00$8,000$7,788 $212
contingency 15.0%$34,725 $0 $0 $0
0.0%check
$266,225$335,150$7,788$327,362$335,150.00
IN-HOUSE
Inspection $2,000$2,000 $0$2,000
Owner's rep.$0 $0 $0
Finance 1.0%$3,256$3,892$418$3,473
Attorney $0 $0 $0 $0
Miscellaneous reimbursibles $0$500$367 $133
check
$5,256$6,392$786$5,606$6,391.50
TOTAL $330,881$395,542$55,161$340,381$395,542
SOURCES
Total Funding.........................................................................................................................
Benderson (for seating)$2,500
City of Ithaca CP# 732 (remaining)$100,000
Add'l authorization 2014 $18,000
NYS Parks $66,000
TC Tourism $60,000
Tem Skate Fund $47,800
IURA $40,000
Total Funding.........................................................................................................................$0$334,300
Total Committments expended and remaining + Proposed...................................................$395,542
Remaining funds...............................................................................................................($61,241.50)
3. Finance, Budget, and Appropriations
.2 DPW - Stewart Avenue Bridge Painting Project
WHEREAS, a project for the rehabilitation of the Stewart Avenue Bridge over Cascadilla Creek,
P.I.N. 375594 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by
the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of
the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds,
and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non-Federal share of the costs of Scoping, Preliminary Design and Detailed Design, and
WHEREAS, the Board of Public Works resolved at the January 12, 2015, meeting to recommend
that Common Council establish Capital Project and authorize the City of Ithaca to pay in the first
instance 100% of the Federal and Non-Federal share of the costs of Scoping, Preliminary Design
and Detailed Design for the Project or portions therefore;
WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site as well
as maintenance or repair involving no substantial change in an existing facility, and is therefore a
Type II action under the National Environmental Policy Act (NEPA) Regulation and in
accordance with 6 NYCRR Part 617 requiring no environmental review; now therefore, the
Common Council, duly convened does herby
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the Federal and non-Federal share of the cost of Scoping, Preliminary Design
and Detailed Design thereof, and be it further
RESOLVED, That the sum of $80,000 is hereby appropriated from Capital Project #818 and
made available to cover the cost of participation in the above phases of the project, and be it
further
RESOLVED, That funds needed for said project shall be derived from the issuance of Serial
Bonds with the City’s estimated share of the project at 20% or $16,000, and be it further
RESOLVED, That in the event the full Federal and non-Federal share costs of the project
exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as
soon as possible to appropriate said excess amount immediately upon the notification by the
NYDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby
authorized to sign all necessary Agreements with New York State Department of Transportation
to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent
of Public Works is authorized to sign all necessary construction documents, contracts,
certifications and reimbursement requests, and be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to
administer the above project, and be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and be it further
RESOLVED, That this Resolution shall take effect immediately.
3.Finance, Budget, and Appropriations
.3 Chamberlain - Request to Waive Penalty
WHEREAS, due to software and vendor issues, 2015 City First Installment and Tompkins
County Tax bills were mailed later than normal, and
WHEREAS, New York State Real Property Tax Law states that the failure to receive the bill
does not affect the validity of the tax or the penalty, and
WHEREAS, Real Property Tax Law further gives authority to the governing board of the
municipality to waive penalties, and
WHEREAS, three property owners have shown that the delay in mailing, compounded by severe
weather, affected their ability to pay the bills on time without penalty; now, therefore, be it
RESOLVED, That the City Chamberlain is authorized to accept payment without penalty on the
affected properties 220 Ridgedale Road, 106 Short Street, 100 Queen Street and 404 Cascadilla
Street.
To: City Administration Committee
From: Debra Parsons, City Chamberlain
Re: Request for Waiver of Penalties on Taxes
Date: February 12, 2015
I have received three requests for waiver of penalties on taxes. All have provided evidence that they were affected not only
by the late mailing of the tax bills, but then by the storm that went through on February 1st and 2nd. The addresses affected
were 220 Ridgedale Road, 106 Short Street, 110 Queen Street and 404 Cascadilla Street. I would like to recommend waiving
the penalty on these bills.
WHEREAS, due to software and vendor issues, 2015 City First Installment and Tompkins County Tax bills were mailed later
than normal, and
WHEREAS, New York State Real Property Tax Law states that the failure to receive the bill does not affect the validity of
the tax or the penalty, and
WHEREAS, Real Property Tax Law further gives authority to the governing board of the municipality to waive penalties,
and
WHEREAS, three property owners have shown that the delay in mailing, compounded by severe weather, affected their
ability to pay the bills on time without penalty, now, therefore, be it
RESOLVED, that the City Chamberlain is authorized to accept payment without penalty on the affected properties 220
Ridgedale Road, 106 Short Street, 100 Queen Street and 404 Cascadilla Street.
City of Ithaca
Office of the Chamberlain
108 East Green Street, Ithaca, NY 14850
Ph: 607 274-6580 Fax: 607 272-7348
3.Finance, Budget, and Appropriations
.4 Mayor - Entering into Contract with Tompkins County Soil and Water Conservation District
for coordination and implementation of the Cayuga Lake Watershed Hydrilla Project in the
Cayuga Inlet, Fall Creek and Southern Cayuga Lake for 2015.
WHEREAS, The Tompkins County Soil and Water Conservation District (District) is working to
eradicate the Invasive Hydrilla plant from the Cayuga Inlet, Fall Creek, adjacent tributaries, and the
southeast corner of Cayuga Lake, and
WHEREAS, the Finger Lakes-Lake Ontario Watershed Protection Alliance (FLLOWPA) has received
NYSDEC administered grant funding (Aid to Localities Contract No. C304750) for hydrilla eradication
efforts (including in-field management/treatment, extensive plant community and hydrilla tuber
monitoring), and
WHEREAS, NYSDEC requires a “full reimbursement” process for Hydrilla Project activities, including
coverage of all up-front Project costs before NYSDEC funds can be accessed and reimbursement
requested, and
WHEREAS, the District does not have appropriate funding on hand to cover up-front Project costs, but
must continue the coordination and implementation of critical Hydrilla Project activities with the
Hydrilla Task Force to ensure Project success; now, therefore be it
RESOLVED, That Common Council authorizes the Mayor, upon review by the City Attorney, to
execute agreement as follows:
1.) The City of Ithaca enters into a contract with Tompkins County Soil and Water Conservation
District to provide local funding support of $100,000 for Hydrilla Project activities for the 2015
treatment season. The possibility for additional funding requests from the City of Ithaca for
subsequent treatment seasons (2016-2017) will be considered based upon results of contract
extension discussions with NYSDEC.
2.) The Tompkins County Soil and Water Conservation District (on behalf of the Hydrilla Task
Force of the Cayuga Lake Watershed), will secure sub-contracts with Project contractors in order
to implement necessary in-field Hydrilla Project activities, including hydrilla management and
eradication treatments, and plant community and hydrilla tuber monitoring.
3.) Tompkins County Soil and Water Conservation District will submit reimbursement requests to
NYSDEC via FLLOWPA for Project costs incurred during the 2015 treatment season.
Reimbursement requests will be submitted on a quarterly basis (per NYSDEC contract terms).
Reimbursement funds will be sent to TCSWCD, which will then be sent to the City of Ithaca.
3.Finance, Budget, and Appropriations
.5 Attorney - Funding for Outreach Worker
WHEREAS, the Ithaca community boasts a rich and talented social services community, and
WHEREAS, some of those who stand most to benefit from these services are not consistently
succeeding in accessing the full range of services relevant to their needs, and
WHEREAS, the Common Council concludes that a Community Outreach Worker with an
accessible, on-street presence in downtown Ithaca’s central business district can substantially
enhance access to these services, and
WHEREAS, the Ithaca Police Department currently engages in numerous interactions and
service calls that are best approached based upon a social service—rather than a law enforcement
–model, and
WHEREAS, notwithstanding the Ithaca Police Department’s talents even at operating within a
social services model, a Community Outreach Worker is better suited to most effectively
delivering these non-law-enforcement services, and
WHEREAS, the City of Ithaca and Tompkins County each included in their Fiscal Year 2015
budgets $20,000 that may be devoted to the initiative detailed in this resolution, and the
Downtown Ithaca Alliance (“DIA”) $10,000 for the same, for total available funds of $50,000 to
launch this initiative in 2015, and
WHEREAS, Family and Children’s Service of Ithaca (“F&CS”) has committed to serve as the
employer of the Community Outreach Worker position envisioned by this initiative, and has
graciously committed to devote substantial overhead and other resources in addition to the
above-noted funding in furtherance of the success of this program, and
WHEREAS, a Steering Committee comprised of designees of the City, County, DIA, and F&CS
(“the Funding Partners”) will provide oversight of the program on a quarterly basis, and
WHEREAS, the Funding Partners will have an opportunity to evaluate a sizable portion of the
inaugural year of this initiative when considering funding of ensuing years of this initiative, and
WHEREAS, the Common Council anticipates that the initiative detailed in this resolution will be
implemented in a manner substantially resembling the program detailed in the accompanying
Summary Overview, Position Description, and Progress Tracking and Evaluation
documentation; now, therefore be it
RESOLVED, That in furtherance of the initiative detailed in this resolution, the Mayor is hereby
authorized to execute, on advice of the City Attorney, a funding agreement between the City and
F&CS by which the City will provide to F&CS a single lump-sum payment not to exceed
$20,000, said payment to be provided no later than thirty days after commencement of any
program year, or portion thereof, and be it further
RESOLVED, That Common Council hereby transfers an amount not to exceed $20,000 from
Account 1990 Restricted Contingency to Account A1210-5435 Mayor’s Contractual to assist in
funding said Outreach services to community members in need of additional support.
Community Outreach Worker Program
Summary Overview
January 2015
Background
Several years ago Ithaca City and Downtown Ithaca Alliance (DIA) officials traveled to Burlington, VT to
conduct a comparative city tour, focusing on the downtown area. One of Burlington’s success stories
that most intrigued us was a special community outreach and intervention program that was centered
on their Church Street pedestrian mall and downtown district. This program, which started with a single
person and has since grown to include multiple staff, is designed to help the community deal with
individuals who may be experiencing homelessness and mental health related problems. Utilizing funds
from a variety of sources, they employ outreach persons to interact and help individuals problem solve
around behavioral needs or to access needed resources. The outreach workers deal with mental health
issues, social service issues, homelessness issues, and general behavior issues. This intervention has
dramatically reduced police calls (by 80%) and improved behavior in the public realm, as well as assisted
many individuals to obtain the type of help and support they need. The program works to provide
appropriate service and attention to individuals in a model that protects and ensures their rights. This
document—put forth by a joint working group of City, County, DIA, and Family and Children’s Service
(F&CS) representatives—serves to recommend the launch of a program in Ithaca modeled upon the
Burlington program, proposed as a partnership of the four above-mentioned entities, among others.
Our Program Goals
1.To promote a safe and caring community by providing direct assistance to individuals in
downtown who are in need of support and resources, identified by self, community members,
downtown business owners and employees, and others.
- Metrics:a.# of individuals served
b.# of interventions
c.rates of call to Emergency service call centers in the designated area
2.To improve community knowledge of availability and access to human service resources.
- Metrics:d.# of referrals made to specific programs and agencies
e.Success rate in linking individuals to programs
Target Area
The State Street/MLK corridor (the Ithaca Downtown Business Improvement District plus the West State
Street corridor of West State/MLK from downtown to Meadow Street). Primary attention will be paid to
the Commons, Cayuga Street between the Library and including DeWitt Park, and West State/MLK
Street to Meadow Street.
Host Agency
The working group has identified Family and Children’s Service (F&CS) as the preferred host agency for
the project. The outreach worker will be employed with F&CS and receive their paycheck from F&CS.
F&CS will provide space, day to day supervision, a computer/work station, and an overall administrative
framework for the program. An MOU will be prepared between F&CS and Steering Committee
members. F&CS has agreed to serve in this role.
Funding
Funding for this program is coming from several different sources and the total funding amount may not
be equal to the real expense associated with running the program. However, F&CS is prepared to
assume the cost of administrative expenses that are in excess of the total funded amount. A fund will be
created for this program and F&CS will be reimbursed for payroll or other budgeted expenses from this
fund.
Steering Committee
General oversight and policy for the program would be delegated to a steering committee comprised of
representatives from the funding entities, including F&CS. This Steering Committee shall meet at least
quarterly to review progress and metrics, monitor the budget, and resolve policy related issues or
concerns. F&CS shall take the lead in organizing Steering Committee meetings. Membership of the
Steering Committee shall consist of the following: representatives from all financial partners to this
project plus the host agency. Currently, this would include representatives from the City of Ithaca,
Tompkins County, the Downtown Ithaca Alliance, and Family and Children’s Services. The Steering
Committee will be charged with policy decisions pertaining to the program and fiscal oversight of the
program (within the bounds of F&CS procedures).
Advisory Committee
A separate advisory committee would be created from representatives of all affected agencies and
organizations. This advisory committee would meet 2-4 times a year and will provide the outreach
worker and Steering Committee with advice and input based on the perspectives of each organization.
This Advisory Committee will also provide liaison assistance and entry to the numerous programs and
projects that may be possible resources. The membership of this Advisory Committee may vary over
time but should include membership that can provide: technical assistance and resources on common
programmatic areas, mutual referrals to and from the program, and interest in developing the
sustainability and positive impact of the program.
Staffing
The initial start-up staffing for this program will consist of one full-time person:
- 40 hours per week
- Benefits to be based on F&CS practice
- Hours to be determined based predominantly on IPD incident report data plus input from
IPD, City representatives, DIA, County agencies, and F&CS.
- Hours/days may flex based on seasonality, and special circumstances
Qualifications for Outreach Worker
A draft job description is included with this summary document. Candidates should have the following
qualifications and expertise:
- Social service background is preferred but not essential;
- Demonstrated knowledge of the client/target population;
- An ability to work with the various ranges of possible clients--- including but not limited to
youth and teens, homeless, and persons with substance abuse difficulties;
- Understanding of social service/mental health support and assistance programs;
- Demonstrated ability to work with and relate to the client group(s);
- Excellent interpersonal skills;
- Record keeping and reporting ability;
- Ability to work with multiple groups and organizations
Key job duties will include:
- Outreach to individuals who may be in need of services
- Assessment, referral and linkage of resource needs of individuals who in engage in services
- Coordination, consultation and education with area service providers and businesses to
meet the needs of individuals engaged in services
- Documentation of all activities to facilitate a baseline assessment of needs of individuals
located in the service area
Relationships with other Organizations
The outreach worker will be housed within F&CS however he/she will be expected to maintain close
working relationships with other organizations, particularly the Ithaca Police Department, the County
Departments of Mental Health and Social Services, and the Downtown Ithaca Alliance. It is also
important that this position remain independent of the chain of command of the Ithaca Police
Department (IPD). IPD has offered to provide the outreach worker with daily briefings on conditions
and street issues. It is possible that the outreach worker will likewise make arrangements with County
Mental Health and Social Services to both receive and share information, with full consideration of
confidentiality laws and best practices concerning informed consent. In addition, the outreach worker
would also check in regularly with the Downtown Ithaca Alliance regarding problems or conditions
identified by DIA ambassador staff.
Time Line
Proposed start date: 2nd Quarter 2015
Progress Tracking and Evaluation
As this is a pilot program, year one of the pilot will be focused on establishing baseline data while
assessing the need and focus of the program in the downtown corridor. The program will begin working
with the downtown partners and service providers to implement tracking of additional indicator
information. The program will be evaluated via the Results Based Accountability Framework and
evaluated by the Steering Committee on an annual basis.
Position Description
Title: Community Outreach Worker
Department: Youth and Community Outreach Services
Status: Exempt
Responsible To: Director of Youth and Community Outreach Services
Qualifications:
The Street Outreach Worker must possess a Bachelor’s Degree in a Human Service related field with
additional experience working with vulnerable populations. The ideal candidate would demonstrate
familiarity with community services, knowledge about the needs of community members who struggle
with mental illness, chemical addiction, substance abuse, homelessness and other social service needs.
The ability to work well independently, collaborate effectively with large groups including local
businesses and advisory groups and engage positively with the general public including potential clients
and various stakeholders is essential.
General Summary:
This position's primary responsibility is the delivery of street based outreach services to community
members in need of additional supports. This will include outreach to community members with a
vairety of social service needs and/or supports. This position works primarily on the streets, providing
outreach services within the geograhic downtown business district including the commons heading west
until route 13 and including Dewitt Park.
Responsibilities:
•Outreach to community members populating the downtown business district.
•Assess community members connected through outreach services for need of additional supports.
•Provide referrals and information about relevant services. Services may include, but are not
limited to: social services, mental health services, substance abuse and chemical addiction
services, housing services, medical care, legal aid, student services, financial aid and other
information.
•Function as first point of contact for business owners and community members when non-
criminal behavior has the potential to escalate.
•Monitor situations assessed as having the potential for escalation and pro-actively seek to
establish boundaries, set limits and find common ground so as to prevent further esclation.
•Consultation and coordination with Ithaca City Police when additional support is needed to de-
escalate a problematic situation.
•Identify needs for additional education that support the peaceful co-habitation of the
downtown business district between business owners, customers and the general public.
•Record and collect data for current and potential funders.
•Assumes all responsibilities of a mandated reporter.
•Other assignments and tasks may be added at the discretion of the Director of Youth and
Community Outreach Services.
I have read and understand the duties of Community Outreach Worker which are contained within
this position description. (This job description is subject to change as deemed necessary by Family
and Children’s Services of Ithaca.)
Revised February 3, 2015
Employee Signature Date
MISSION STATEMENT OF FAMILY AND CHILDREN’S SERVICES OF ITHACA:
Family & Children's Service of Ithaca is dedicated to providing affordable, professional services that support
children, families, and organizations in finding solutions to the challenges of life today
Progress Tracking and Evaluation
As this is a pilot program, year one of the pilot will be focused on establishing baseline data while
assessing the need and focus of the program in the downtown corridor. The program will begin working
with the downtown partners and service providers to implement tracking of additional indicator
information. The program will be evaluated via the Results Based Accountability Framework, reviewed
by the Steering Committee on an annual basis.
POPULATION MEASURES
Population Results (A condition of well-being) Measurable Indicators (Population Impact)
1.Increase the perception and promote the reality of
Ithaca being a safe and caring community.
2.To improve community knowledge of availability
and access to human service resources thus
increasing referrals to services.
1.Rates & types of calls to emergency response center
2.Measurement tool (working with human services organizations)
to be developed in year one to track referrals and linkages
PROGRAM PERFORMANCE MEASURES
How much do you do? (Quantity) How well do you do it? (Quality)
# of people served (unduplicated) quarterly by contact &
encounter
•contact is a face to face interaction during which
materials and/or information is exchanged between the
outreach worker and the person)
•encounter is a face to face interaction that goes beyond
the contact to include focused assessment, specific
service delivery in response to a person’s need(s) and a
planned opportunity for follow up.
% of program participants willing to take the survey
% of program participants satisfied with program (survey)
% of downtown stakeholders satisfied with program (survey)
1-3 survey instrument(s) will be developed in year one for
implementation in year two. The survey tools will identify program
satisfaction by each stakeholder group (participants, service providers
receiving referrals, downtown area stakeholders/community)
Is anyone better off? (Impact of Services)
# and % of clients with improved strength based outcomes
- The program provider will identify in year one a system for tracking strength based outcomes and may draw upon the Stages of
Change model, Hellison’s Levels of Responsibility in TPSR model, Levels of Vulnerability Assessment or another tool
3.Finance, Budget, and Appropriations
.6 Attorney - Cascadilla Boat Club License
WHEREAS, the Cascadilla Boathouse (the “Boathouse”) has since 1978 hosted the Cascadilla
Boat Club (“CBC”), enabling CBC to provide rowing programs to area community members,
with a strong emphasis on area youth, and
WHEREAS, the substantial majority of CBC rowing participants are area youth, virtually all of
whom are Ithaca High School students for whom CBC provides their only opportunity to row,
and
WHEREAS, the licensing of the Boathouse by an organized boating program enables members
of the public wishing to row in Stewart Park to more fully enjoy the recreational and athletic
opportunities of the Park and its unique geography on the shores of Cayuga Lake, and
WHEREAS, a robust rowing program available to the public enjoying Stewart Park requires a
substantial investment in rowing equipment, organizational management, and Boathouse
administration, and
WHEREAS, such investment would likely prove out of reach for the City in light of financial
and staffing constraints, absent a public-private partnership of the sort undertaken in the license
authorized herein, and
WHEREAS, Section 2 of said license ensures that participation in CBC’s activities will be
available to all members of the public via membership application and payment of fees, which
may not be unreasonably large, said unreasonableness to be evaluated after accounting for
discounted or income-sensitive opportunities for participation in CBC’s activities, and
WHEREAS, Section 2 of said license requires CBC to file with the City Clerk an annual report
on (a) the then-current fee structure for membership and participation in CBC, (b) the
reasonableness of said fee structure, and (c) community participation opportunities and events
being offered by CBC, and
WHEREAS, said license provides CBC with non-exclusive use of the licensed premises insofar
as the exterior licensed areas, with the exception of some minor areas of equipment storage, are
for the non-exclusive use of CBC, and will under this license remain accessible to even those
members of the public who do not join CBC’s rowing activities, indeed enhancing those
members of the public’s use of the park insofar as they can also enjoy use of CBC-provided
docks, and
WHEREAS, said license permits CBC to securely store locked within the first floor of the
Boathouse the rowing shells and other equipment necessary to servicing the public’s enjoyment
of rowing in the surrounding park, and
WHEREAS, the license permits CBC to share the first floor with the Ithaca Youth Bureau in
satisfaction of that aspect of the City’s storage needs in the Boathouse, and
WHEREAS, the license does not at this time permit CBC any usage of the second story gym in
the Boathouse, and
WHEREAS, said license as proposed would provide the City with $12,727.14 annually in license
revenue, with upward adjustments in accord with the Consumer Price Index, and
WHEREAS, said license fee of $12,727.14 annually was arrived at based upon the Pomeroy
Associates appraisal employed by the City pursuant to Chapter 170 of the City Code, and based
upon the assessed value of Stewart Park, and
WHEREAS, said license is for a term of three years, and
WHEREAS, Section 6 of said license provides the City unfettered ability to revoke or modify
said license upon at least nine months’ written notice that the Common Council has so resolved,
and
WHEREAS, concurrent with this Resolution, the Common Council may consider a technical
amendment to the definition of “License” in Section 170-2 of the City Code permitting licenses
in excess of one year in term if revocable upon less than a year’s notice, thus eliminating that
provision’s inconsistency with Section 170-4(B), entitled "License (for up to one year, and/or
revocable upon less than a year's notice; subject to other conditions)"; now, therefore be it
RESOLVED, That the Common Council finds, as facts precedent to this resolution’s
authorization to enter into the subject license, each and every declaration and assertion contained
in the Whereas clauses of this resolution; and be it further
RESOLVED, That the Common Council finds that the licensing of the Cascadilla Boathouse to
an organized boating program, and specifically to CBC, best enables the public to enjoy the
recreational and athletic boating opportunities offered by Stewart Park, and more particularly the
exceptional siting of the Boathouse on the water, and thereby fulfills a valid park purpose,
and be it further
RESOLVED, That the Common Council finds that the licensing of an exclusive, locked space
internal to the Boathouse and narrowly-tailored to the equipment-storage needs of CBC most
effectively serves the public in enjoying the recreational and athletic rowing opportunities
offered by the surrounding features of Stewart Park, and more particularly the exceptional siting
of the Boathouse on the water, and be it further
RESOLVED, That if any clause, sentence, paragraph, section, or part of this resolution or the
license herein authorized, or the application of any of the aforesaid to any person or
circumstance, shall be adjudged by any court of competent jurisdiction to be invalid,
unenforceable, or otherwise contrary to applicable law, such judgment shall not affect, impair or
invalidate the remainder thereof, or the application thereof to any otherwise unimpacted person
or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, section,
or part thereof directly involved in the controversy in which such judgment shall have been
rendered, it being the conclusion of the Common Council that all aspects of this resolution and
accompanying license fully comport with applicable law and it being the binding intent of the
Common Council to license to CBC, insofar as authorized herein, to the greatest extent permitted
by applicable law, and be it further
RESOLVED, That the Common Council authorizes the Mayor, upon the advice of the City
Attorney, to execute with CBC a license agreement for a term not in excess of three years (absent
renewal) and substantially similar to that included herewith.
"An Equal Opportunity Employer with a commitment to workforce diversification."
MEMORANDUM
To: Common Council
Cc: Board of Public Works, Parks Commission
From: Ari Lavine, City Attorney
Date: February 12, 2015
Re: Basics of Parkland Licensing Law and the Cascadilla Boathouse Proposed License
As the Common Council begins its deliberations, via the City Administration Committee,
upon a new proposed license of the Cascadilla Boathouse (the “Boathouse”) to the Cascadilla
Boat Club (“CBC”), I want to take this opportunity to provide you with a primer on the basics of
parkland licensing law, as applied to the proposed license.
The Public Trust Doctrine
Public parks in New York State are protected by something called the Public Trust
Doctrine, which is defined not by statute or regulation, but by the state courts across more than a
century of judicial decisions. This means that while the State’s executive branch—such as the
State Office of Parks, Recreation, and Historic Preservation (“OPRHP”)—can read those judicial
decisions and provide guidance on how OPRHP believes the courts might rule on proposed
parkland uses, OPRHP has no binding authority to approve or disapprove of the legitimacy of
proposed uses under the public trust doctrine. Rather, OPRHP’s legal counsel can—much as the
City’s legal counsel can—read the caselaw and provide a reasoned analysis in support of an
advisory position, i.e., provide legal advice.1 The courts may ultimately disagree with OPRHP,
and as a matter of law would likely give no particular deference to OPRHP’s views on the matter.
•1 Whether OPRHP would in fact choose to issue an advisory opinion to the City, if asked,
and how many months or years that process would take in light of staff constraints and
priorities for both the City and OPRHP, are unknowns. Even if issued in a timely manner,
that advisory opinion might well disclaim the status of legal advice in any event.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
"An Equal Opportunity Employer with a commitment to workforce diversification."
So what is the public trust doctrine? In a sentence, it is the legal principle that public
parkland in New York must be preserved (not sold or leased) for public use (even if via private
operation) for park purposes (not other purposes, even if public). In legal terms, when parkland
is committed to use in violation of the public trust doctrine, it has been “alienated.” Alienation
can only be legally achieved by specific statutory dispensation from the state legislature.
Alienation occurs when parkland is sold or leased (but not licensed), or when it is committed to
non-park purposes (even via license) for an extended period of time. “Courts have given wide
leeway to park administrators to determine when an alienation is occurring. Courts have also
permitted a host of commercial facilities in parks so long as they genuinely serve park users.”2
This memorandum addresses first the distinction between leases and licenses, then turning to the
body of law speaking to park and non-park purposes, including the role of public-private
partnerships in serving park purposes.
Leasing vs. Licensing of Parkland
As stated by New York’s highest court just last year in a leading case on parkland
licensing:
A document is a lease “if it grants not merely a revocable right to be exercised over the
grantor's land without possessing any interest therein but the exclusive right to use and
occupy that land”. It is the conveyance of “absolute control and possession of property at
an agreed rental which differentiates a lease from other arrangements dealing with
property rights”. A license, on the other hand, is a revocable privilege given “to one,
without interest in the lands of another, to do one or more acts of a temporary nature upon
such lands[.]” [“Generally, contracts permitting a party to render services within an
enterprise conducted on premises owned or operated by another, who has supervisory
power over the method of rendition of the services, are construed to be licenses”]. That a
writing refers to itself as a license or lease is not determinative; rather, the true nature of
the transaction must be gleaned from the rights and obligations set forth therein. Finally, a
broad termination clause reserving to the grantor “the right to cancel whenever it decides
in good faith to do so” is strongly indicative of a license as opposed to a lease.3
In keeping with the requirements of a license, the proposed CBC license conveys no
interest in the lands; permits a predominantly-non-exclusive use of the City premises, and only
then for the specified use of operating a rowing program for public benefit; permits limited
instances of exclusivity only as deemed necessary by the City in order for CBC to service the
2 N.Y. Zoning Law & Practice Report, Five Innovative Ideas for Funding Parks and Open Space,
Vol. 13, No. 1 at 3, citing inter alia Williams v. Gallatin, 229 N.Y. 248, 252-53 (N.Y. 1920); 795
Fifth Ave. Corp. v. City of New York, 15 N.Y.2d 221, 205 N.E.2d 850 (1965).
3 Union Square Park Cmty. Coal., Inc. v. New York City Dep't of Parks & Recreation, 22 N.Y.3d
648, 656, 985 N.Y.S.2d 422 (2014) (internal citations omitted).
"An Equal Opportunity Employer with a commitment to workforce diversification."
non-exclusive, public, park purposes to which the license is directed (a rowing program); is
subject to the City’s supervisory power in a number of respects directly bearing upon CBC’s
provision of rowing services; is for a term of only three years; and is subject to a broad right of
the City to terminate at will, on nine months’ notice.
Park and Non-Park Purposes, and the Legal Role of Public-Private Partnerships
In 1920, New York’s highest court set the benchmark for examining parkland uses,
stating that permissible uses of parkland are the “common incidents of a pleasure ground [that]
contribute to the use and enjoyment of the park,” “facilitate free public means of pleasure,
recreation, and amusement, and thus provide for the welfare of the community,” and “provide
means of innocent recreation and refreshment for the weary mind and body.”4
Since that time, a series of cases have confirmed as legitimate parkland purposes uses as
diverse as restaurants5; mini-golf courses6; bike-share programs7; and even a privately-operated,
for-profit, multipurpose concert amphitheater seating 19,500 people, occupying over nine acres
of parkland, and charging the public on average $30 for admission.8 A decision of just two years
ago regarding a parkland bike share stations is highly instructive to the proposed Boathouse
license, observing:
In the instant case, the court finds that the bike share station is a proper park
purpose for purposes of the public trust doctrine. As an initial matter, respondents have
provided evidence that bicycling is an important form of recreation that has had a proper
“park purpose” for many years demonstrated by the fact that the infrastructure to support
bicycling, such as bike paths, bicycle racks and rest stations are common incidents in
parks. Specifically, DPR installed a bicycle rack in Petrosino Park prior to the bike share
station's installment and it is still maintained there today. Further, a bike share station is
unlike those facilities found by courts to have improper park purposes, such as court
houses and school houses, as a bike share station has a direct connection to the important
park purpose of bicycle recreation and allows easy access to and further encourages the
use of parkland by the public.9
Each and every element of the above paragraph’s analysis applies equally to the proposed
Boathhouse license: rowing as an important form of recreation, a specific history of rowing in the
4 Williams v. Gallatin, 229 N.Y. 248, 254 (N.Y. 1920).
5 Union Square, 22 N.Y.3d 648 (2014).
6 Concerned Citizens of Valley Stream, Inc. v. Cahill, No. 12650/2001, 2002 WL 553820 (N.Y.
Sup. Ct. Mar. 26, 2002.).
7 Friends of Petrosino Square ex rel. Fleischer v. Sadik-Khan, 42 Misc. 3d 226, 977 N.Y.S.2d
580 (Sup. Ct. 2013).
8 SFX Entm't, Inc. v. City of New York, 297 A.D.2d 555, 747 N.Y.S.2d 91 (2002).
9 Sadik-Khan, 42 Misc. 3d 226, 231-32.
"An Equal Opportunity Employer with a commitment to workforce diversification."
park, “the infrastructure to support” the same (i.e., the very Boathouse as to which this license
would pertain), and “a direct connection to the important park purpose of [rowing] recreation.”10
It is also permissible for the licensed use to require the public to pay fees for
participation. For example, the above-discussed decision notes “Petitioners' assertion that the
bike share station is an improper park use because the Program charges a fee is also unavailing.
Concessions with fees such as bike rentals, boat rentals, cafes and ice skating rinks are common
in parks and have consistently been upheld as proper by the courts.”11
In sum, public-private partnerships have become downright commonplace in parks
throughout New York, and were (again) approved as a park purpose—in the form of a 15-year
license of parkland to a for-profit restaurant—by New York’s highest court just last year. At the
extreme, entire parks are legally operated by private entities, including New York City’s Bryant
Park. This is possible because “it is the nature of the use rather than the nature of the user” that
determines the validity of a public-private partnership in a park.12 These are therefore
permissible, subject to appropriate requirements, where the private operation benefits public use
of the parkland. That question of public benefit is in the first instance a choice for the
municipality to make, balancing a license’s benefits to park use against that license’s impacts on
other park uses. A “mere difference of opinion” “as to the best way to use the park space” is “not
a demonstration of illegality.”13
Conclusions
The principles enunciated in the memorandum yield a few relatively simple conclusions
in the current context:
Boating, and in particular rowing, qualifies as an appropriate recreational
parkland use under New York’s public trust doctrine, and specifically in the
context of Stewart Park.
The proposed license is properly designated a license, not a lease.
It is for the Common Council to decide in its reasoned discretion whether
licensing a portion of the Boathouse to CBC is an effective means of
providing boating services to the public in Stewart Park, in fulfillment of a
park purpose.
10 Id.
11 Id. at 232.
12 Port Chester Yacht Club, Inc., v. Village of Port Chester, 507 N.Y.S.2d 465 (2d Dep’t 1986).
13 Union Square, 22 N.Y.3d 648, 655 (2014) quoting 795 Fifth Ave. Corp. v. City of New York,
15 N.Y.2d 221, 225, 205 N.E.2d 850 (1965).
AGREEMENT / REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY
THIS AGREEMENT, made this ___ day of ____________, 2015, by and between:
►The Cascadilla Boat Club, a domestic not-for-profit corporation with a mailing address at P.O. Box
4032, Ithaca, NY 14852, (hereinafter referred to as “LICENSEE”),
and
►The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca,
New York (hereafter referred to as "CITY"),
WITNESSETH THAT:
WHEREAS, CITY is the owner of a parcel of land with improvements thereon in the City of Ithaca,
County of Tompkins, State of New York, commonly known and designated as the Stewart Park Boathouse, the
Stewart Park bank of Fall Creek, and as Tax Map Parcel No.2.-2-2; and
WHEREAS, LICENSEE wishes to use certain land in the City of Ithaca owned by CITY, for the purpose
of operating a rowing program that broadens public opportunity for rowing on the waters adjoining Stewart Park,
which CITY-owned land consists of approximately 2,810 square feet of space within the boathouse structure and
18,462 square feet of land surrounding the boathouse which use can be described as follows:
An area within the City-owned land known as Stewart Park and which is located at the
northwestern point of the park commencing at a point on the western shoulder of Stewart Park
Road located approximately 39 feet east of the southeastern corner of the boathouse extending
approximately 88.75 feet to the northwest and then southwest for a distance of 201.09 feet and
then southeast 30.00 feet to the western bank of Fall Creek and then following the bank of Fall
Creek southeast approximately 223.42 feet and then north 97.58 feet returning to the point or
place of beginning, which is shown on the drawing attached to this agreement labeled Exhibit A.
Notwithstanding the preceding sentence, the licensed area does not include the area constituting
the boathouse structure or its footprint, except as hereinafter provided.
The licensed area shall also include access to and use of the following areas totaling
2,810square feet within the structure located within the boundary described above, hereinafter
referred to as “the Cascadilla Boathouse”: 2,404 sq ft of boat storage rooms, 275 sq ft under and
around the base of the stair (but not including any permitted storage on stair landings or on the
stairs themselves), and 131 sq ft at the stairs leading from the boat bay. When and if the City
chooses to make the second floor gym available for use by the Licensee, the licensed area shall
also include 2,435 sq ft for the second floor gym, which shall at that time be factored into the
Annual Use Fee on a pro-rated basis so as to exclude that prospectively-estimated portion of the
year when the gym space is unavailable to CBC for use. Availability of the second floor gym
shall be a determination made by the Board of Public Works, on recommendation of the
Superintendent of Public Works, but only if and when all mandatory processes are satisfied,
including verification of code compliance of the use.
Any indoor area not specifically described in this license agreement is not included
within the licensed premises and is therefore excluded from the licensee’s permitted use under this
agreement. The licensed premises are to be used for launching and docking boats at the Stewart
Park bank of Fall Creek, and storage and use of boats, exercise equipment, and other club
equipment within the Stewart Park Boathouse; and
WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the
terms and conditions by which the CITY may license the use of its real property to a person or persons; and
WHEREAS, the CITY’s Common Council has authorized the Mayor to execute an agreement containing
a revocable license that allows the above-described use, subject to certain conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an
installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators,
successors and assigns, do hereby covenant and agree as follows:
1.By the License herein contained, LICENSEE shall have the right to lawfully use the City-owned land
described above, subject to the terms and conditions set forth herein, for the purpose of operating a rowing
program in a manner that serves and enhances the public’s recreational and/or athletic engagement with Stewart
Park via access to rowing on the waters adjoining Stewart Park (said access to meet the requirements specified in
Section 2 of this Agreement). The CITY reserves the right to enter upon the licensed premises upon reasonable
notice (or without notice in the event that the CITY, in its sole discretion, has determined that emergency entry is
required) for the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition.
2.The License herein contained does not grant LICENSEE sole and exclusive use of the CITY-owned
unimproved-land described above. Notwithstanding other provisions within this paragraph, LICENSEE shall have
sole and exclusive use of the licensed area within the Cascadilla Boathouse, as described above, excepting the
second floor gym, which if ever incorporated into this license, shall be open to community use on such terms and
conditions as the CITY may from time to time specify, in its sole discretion. Said exclusive use is granted for the
sole purpose of servicing (primarily via boat storage) the non-exclusive uses granted under this license.
LICENSEE’s use of Stewart Park shall in no way infringe or restrict the general public’s use of the Park grounds
or the Stewart Park bank of Fall Creek. When not in active use by LICENSEE, any improvements to the Stewart
Park bank of Fall Creek shall be open to and useable by the general public. Participation in LICENSEE’s
activities, including any and all rights granted to individuals for boat storage within the Boathouse, shall be
available to all members of the public via membership application (which may contain reasonable rules and
criteria for membership) and payment of a recurring membership fee, which shall not be unreasonably large, said
unreasonableness to be evaluated after accounting for discounted or income-sensitive opportunities for
participation in LICENSEE’S activities. LICENSEE shall, not later than the due date of the annual license fee
payment under this agreement, file with the City Clerk a report on (a) the then-current fee structure for
membership and participation in LICENSEE, (b) the reasonableness of said fee structure, and (c) community
participation opportunities and events being offered by LICENSEE.
3.The use by LICENSEE of the above-described property of the CITY does not constitute and shall
never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and
shall continue to be only a use by sufferance of said property of the CITY, as evidenced by a duly executed and
current License/Agreement.
4.Subject to the provisions of Paragraph 5, below, the term of the License contained herein shall be for
the period commencing April 1, 2015 (or on the date by which all application and use fees and any required forms
described herein are received by CITY, whichever date is later) and expiring on March 31, 2018. This License
shall, subject to the limitations in the next sentence, renew automatically on the annually-recurring anniversary of
the commencement date, for three-year terms that shall supersede the unexpired two-year remainder of any
previously-executed license between the parties. Such automatic renewals shall, unless otherwise agreed in a
properly-executed writing, be on the same terms and conditions as this license (except that the amount of the Use
Fee may be revised annually, per the provisions of Paragraph 7, below), and shall be effective only if (i)
LICENSEE has submitted to CITY any required renewal forms, proof of insurance and the full and proper fee for
the renewal period, before the commencement of such new term (i.e., before April 1st), and (ii) the CITY has not
notified LICENSEE, by March 1st, of the CITY’s intention not to renew the license.
5.Notwithstanding any other provisions herein, the License contained herein may be terminated by
LICENSEE, for any reason, upon at least 30 days’ written notice to the CITY. In the event of such early
2
termination, LICENSEE shall be entitled to a pro-rated refund of the use fee, for the unused portion of the term,
provided that LICENSEE is in compliance with the provisions of Paragraph 9, below. Such early termination
shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below.
6.Notwithstanding any other provisions herein, the License contained herein may be revoked or modified
by CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or the public
safety or welfare, or (b) upon at least one month’s written notice to the Licensee that the Superintendent of Public
Works, in an oversight capacity to LICENSEE’S use of CITY Parkland, has determined that LICENSEE has
failed to comply with any substantive term herein, and that LICENSEE has not cured such breach within the
notice period, or (c) upon at least nine months’ written notice to LICENSEE that the CITY’s Superintendent of
Public Works has determined that the licensed premises is required for a public purpose, or that the Common
Council has resolved to so terminate this license. LICENSEE may appeal a non-emergency revocation or
modification (other than by final vote of the Common Council) to the CITY’s Board of Public Works, but must do
so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination (or
modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro-rated refund of
the use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is
in compliance with the provisions of Paragraph 9, below.
7.This Agreement/License shall not take effect until fully executed and until the use fees set forth below
have been received by the City.
Annual Use Fee: The Use Fee for the initial year of this license is $12,727.14.1
A check in this amount, payable to the City of Ithaca, must be submitted to the City Chamberlain’s office by April
1 of the license year. This Use Fee represents the estimated fair rental value of the City land in question for the
initial year, and is based upon a report by Pomeroy Appraisal Associates (copy available in the City Clerk’s office)
and pro-rated portion of the assessed value of Stewart Park.
The unimproved City land in question was deemed to be in the “Marine Commercial” category, and to
consist of approximately 18,462 square feet. The fair rental value of such land was deemed to be $0.43 per square
foot; to recover the cost of the appraisal process (over a 5-year period), the CITY has added 10% to the fair rental
value of all licenses and permits for use of City land, making your total rate $0.47 per square foot.
The licensed premises within the City-owned boathouse is licensed land with improvements, consisting of
approximately 2,810 square feet. The fair rental value of such land with improvements was deemed to be $1.44
per square foot, based on the assessed value of the park.
The Use Fee for subsequent years may be adjusted by CITY by an amount up to the rate of any increase in
the consumer price index since the previous year. The Use Fee may be adjusted to correspond with information
from an updated appraisal report (expected to occur every 5 years); however, if the CITY intends such adjustment
based on an updated appraisal report, LICENSEE shall be so notified by February 1st prior to such adjustment.
The Use Fee may be adjusted at such time as the second floor gym is available for use and shall be pro-rated to
exclude time when the space is unavailable for use.
Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of
the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the
amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional
fee owed (or refund due) as a result of the correction shall be effective and pro-rated as of the date of such Notice.
Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount
of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due.
Subject to prior written approval of the Superintendent of Public Works upon completion of all
appropriate and necessary approval processes, which approval shall be granted or withheld in the City’s sole
discretion, the Licensee may seek to provide improvements to the building or land, and may seek a credit against
the subsequent year’s Use Fee in that dollar amount approved in the sole discretion of the Board of Public Works,
based primarily upon amounts paid out of pocket by the LICENSEE or value of work performed or materials
1 Total assessed value of park ($11,250,000) divided by the square footage of park (7,805,516.4) multiplied by square
footage of leased boathouse area (2,810) = $4,050. When added to $8,677.14 for land area (based on Pomeroy
Associates appraisal), $12,727.14 total is achieved.
3
supplied by the LICENSEE, as to the valuation of which the Board may require LICENSEE to submit an
independent estimate, to provide improvements to the building or land, but only insofar as said improvements are
deemed, by a vote of the Board of Public Works, to better the building or land in a manner consistent with the
City’s long-term interest in the building and land, and not merely to the contemporaneous benefit of the Licensee.
The Licensee shall submit proposed improvements in writing to the City.
Utility Fees: LICENSEE hereby agrees to pay an additional $920 per year, representing the estimated
Stewart Park Boathouse utilities. Said $920 is comprised of an estimated $650 for electricity and an estimated
$810 for water, of which CBC is responsible for an estimated one-third of said water charge, or $270, subject to
adjustment of the water charge component in the Superintendent of Public Works' sole discretion if temporary
metering installed at the City's option indicates an alternative estimated proportion of usage based on hours of
usage measured. LICENSEE’s failure to pay this estimated utility charge shall constitute a failure to comply with
a substantive term of this license and shall be grounds for the CITY to revoke or modify the license.
8.LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable
condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public
from the public’s use of or proximity to said premises, and to repair or remove any unsafe or improper structure or
thing thereupon, placed, constructed or caused by the Licensee, as directed by the CITY. In the event of
LICENSEE’s failure to effect such repair or removal, after notice from CITY to do so, CITY may carry out the
same and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge).
Notwithstanding other provisions of this paragraph, LICENSEE shall not be responsible for lawn mowing or
repairs to the City owned structures, namely the Cascadilla boathouse, except for broken windows adjoining the
licensed area, as to which causation of the breakage shall be irrelevant to this provision, and as to which
LICENSEE shall pay the City’s full cost, including labor and materials, of repair or replacement at the City’s
option, plus a 25% markup for overhead, provided, however, that the City shall endeavor to provide ten days’
opportunity to the LICENSEE during which LICENSEE may at its own expense directly execute the required
repair so long as LICENSEE has within 24 hours of provision of notice boarded up any openings in the broken
window.
LICENSEE agrees not to store boats or other equipment on land outside the boathouse, except that
licensee may store boats in current use on storage racks and trailers in current use in those locations identified in
Exhibit C hereto. In the event of LICENSEE’s failure to follow this provision, the CITY may, without notice,
remove LICENSEE’s property, effect necessary repairs, and charge the LICENSEE for such cost plus a 25%
administrative charge.
With respect to trash and refuse removal, including but not limited to any plastic bottles, cups, towels,
socks or other clothing, left on the grounds of the licensed premises, LICENSEE's failure to remove all trash or
refuse and keep the licensed premises in a tidy and clean condition shall be a violation of LICENSEE's obligations
under this paragraph. LICENSEE shall be liable for a penalty of $40 for the first violation at the licensed premises
within a twelve-month period, $60 for a second violation within a twelve-month period, and $100 for a third or
subsequent violation within a twelve-month period. Such penalties shall be added to any charges imposed by the
CITY for costs of removal plus the 25% administrative charge.
Within three months of the annually-recurring anniversary of the commencement date, LICENSEE and
the CITY agree to conduct a joint walk-through of the boathouse, together documenting the building condition as
the parties mutually see fit.
9.LICENSEE hereby agrees that it is LICENSEE’s duty, at the end of the term (in the absence of timely
renewal thereof) or in the event of other termination of the License, to deliver up the licensed premises in as good
order and condition as they were at the commencement of the License (reasonable use and wear excepted), unless
the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the
CITY, such delivery shall include removal of any debris and any structures installed by LICENSEE. Any damage
to the premises or any debris remaining thereupon at such time shall be presumed to have been caused by
LICENSEE. In the event of the failure of LICENSEE to effect the required restoration, within ten (10) days of the
date of written notice from the CITY, or the end of the term, whichever is later, the CITY may thereafter cause the
restoration to occur and may subtract the cost thereof from any pro-rated refund due to LICENSEE and/or may
assess the cost thereof (plus 25%) against LICENSEE and its benefited property.
4
10.LICENSEE hereby agrees to indemnify and hold the City and its officers and employees harmless
from any loss, injury or damage arising out of the occupancy or use of the Licensed property, by LICENSEE or its
servant or agent, or—with respect to internal portions of the building licensed to Licensee—by any member of the
public, or from any negligence or fault of said LICENSEE or its servants or agents in connection with the
maintenance of the afore-mentioned Licensed property, or the failure to maintain the same in good repair and safe
condition, including attorneys fees and court costs, provided, however, that nothing in this paragraph shall apply to
loss, injury or damage arising directly and proximately from actions or omissions of the Ithaca Youth Bureau or its
servants or agents insofar as they are serving a purpose of the Ithaca Youth Bureau. LICENSEE acknowledges
that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any
claims which may arise out of LICENSEE’s obstructing, encumbering or occupying any portion of the public area
of any adjacent street, including the sidewalk.
11.LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of at least
$1,000,000 per occurrence, $2,000,000 general aggregate for personal injury liability and $5,000,000 in excess
general liability, to list the City as an additional insured under said insurance policy, and to provide written proof
of such insurance from the insurer, at the time of execution of this agreement, by the time of the annual
anniversary of said original execution if this License is to be renewed, and as may be otherwise required by the
City.
12.In the event of the expiration and non-renewal, or termination, of this License, failure of the
LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the
Municipal Code of the CITY.
13.The LICENSEE may not assign, transfer, or sublicense this License. The LICENSEE accepts
responsibility for, and hereby commits to observe and enforce, all mandatorily-applicable safety regulations
pertaining to LICENSEE’S activities on the licensed premises.
14.Licensee shall not discriminate against any employee, applicant for employment, contractor or
subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed,
color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national
origin, race, religion, sexual orientation, socio-economic status, or weight.
15.Licensee hereby agrees that if any clause, sentence, paragraph, section, or part of this license or its
authorizing resolution, or the application of any of the aforesaid to any person or circumstance, shall be adjudged
by any court of competent jurisdiction to be invalid, unenforceable, or otherwise contrary to applicable law, such
judgment shall not affect, impair or invalidate the remainder thereof, or the application thereof to any otherwise
unimpacted person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph,
section, or part thereof directly involved in the controversy in which such judgment shall have been rendered, it
being the intent of LICENSEE and CITY to preserve the terms of this license to the greatest extent permitted by
applicable law.
16.All notices provided for herein shall be sent to CITY at the address set forth above (in care of the
City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set
forth above, or at any other address provided in writing to CITY by LICENSEE.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year
first above written.
5
CASCADILLA BOATCLUB
By: _________________________________
Name:
Title:
CITY OF ITHACA
By: _________________________________
Svante L. Myrick, Mayor
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On this _____ day of ____________, 2014, before me, the undersigned, a Notary Public in and for said State,
personally appeared __________________________, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me
that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or
person on behalf of which the individual acted, executed the instrument.
____________________________________
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On this _____ day of _____________, 2014, before me, the undersigned, a Notary Public in and for said
State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of
satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he resides at
Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation described in and which
executed the above instrument; and that he signed his name thereto upon authorization of the Board of Public
Works of such corporation.
____________________________________
Notary Public
Approved as to form and content:
______________________________________ ____________________________
City Attorney Date
6
Exhibit A
Boathouse Area: Hatched area depicts approximate licensed premises under this agreement.2,810 sq
ft (includes boat storage rooms, stair areas
Land Area: Shaded area depicts approximate licensed premises under this agreement.
18,462 sq ft = (22,759– 4,297, square footage of building footprint)
7
8
3.Finance, Budget, and Appropriations
.7 Attorney - Ordinance for Use of Real Property
ORDINANCE __-2015
An Ordinance Revising Chapter 170 of the City of Ithaca Municipal Code
WHEREAS, Chapter 170 of the City of Ithaca Municipal Code establishes the City policy for
treatment of requests to encroach upon or use City-owned land, structures or air space in an
ongoing manner, and;
WHEREAS, Section 170-2 defines terms used in the Chapter, and Section 170-4 identifies and
describes the types of authorizations by which the City may grant ongoing use of its real
property, and;
WHEREAS, the said Sections are seemingly inconsistent in describing the maximum period that
the City may authorize a license to endure, and;
WHEREAS, based upon a review of case law surrounding the distinction between a lease and
license, a license may exceed one year in term so long as the license remains revocable on
shorter notice; now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council finds that the definition of “License”
contained in Section 170-2 of the City Code should be amended to correct inconsistencies with
other provisions of Chapter 170 pertaining to licenses, namely Section 170-4(B), entitled
"License (for up to one year, and/or revocable upon less than a year's notice; subject to other
conditions)", and to reflect controlling New York State law that permits licenses greatly to
exceed one year in length.
Section 2. Amendments to Section 170-2.
The definition of “License” contained in Section 170-2 (“Definitions”) shall be amended as
follows:
LICENSE
Written proof of permission to use City-owned real property for a temporary period of time,
either for a term not to exceed one year (absent renewal), or subject to non-arbitrary
revocation at will by the City upon less than a year’s notice, and in either event subject to
revocation by the City if such property is subsequently required for public purposes. Permission
to encroach upon adjacent City-owned property is granted pursuant to a revocable license.
Section 3. Severability. Severability is intended throughout and within the provisions of this
Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon publication as
provided for in the City Charter
Notes for possible changes to Rules of Procedure
CURRENT FORMAT IDEAS & NOTES
I. Meetings
i.Organization Mtg
ii.Regular Mtg
iii.Special Mtg
iv.Voting
v.Collection & Distribution
of Materials
vi.Attendance
vii.Length of Meetings
-January meeting – are there provisions for things when it doesn’t happen? i.e. –
this year we didn’t meet until the 7th
-Preparation of materials – Julie & JoAnn mentioned standardizing formats for
agendas and resolutions – do we want to entertain this?
-Requirement/request for supporting documentation for resolutions
VOTING: do we need to more clearly define abstaining?
-Should we write in a generic line that says the sames rules govern our standing
committees of council?
II.Order of Business -Petitions and Hearings of Persons before Council - 3 mins?
-Privilege of the floor – limit this in some way? [example: Troy pg. 9]
-Consent agenda – set guidelines for more usage of consent agenda?
-Reports from committees? Do we do this?
-REMINDER: summarize resolutions is listed as acceptable
-City Controller’s Report – usually given with CA meeting items
Do we ever use these? Should we be more specific?
-Reports of special committees?
-New Business?
-Liaison reports?
Can we move to a new format for the Council agenda that mirrors our
committee agendas? With times?
III.Order and Decorum -Inviting members of the staff or other community representatives to the table?
IV.Standing Committees -Should we write in a generic line that says the same rules govern our standing
committees of council?
Consent Agenda? Can we use consent agenda more in our committees?
Language for protocol when non-committee council members attend meetings?
Language for specific responsibilities of Chair.
Language for selecting Vice Chair.
CA signatures.
V. Acting & Alternate Mayor [Need copy with new language from Julie]
VI.Receipt of Reports Accept, Endorse, Adopt, Reject – do these still hold?
VII.Vacancies Chris Proulx did extensive work & updates to this section recently.
VIII.Removal of a Council
Member
Chris Proulx did extensive work & updates to this section recently.
IX.Rules of Procedure The title of this section does not make sense – perhaps this should be moved to
the end/beginning as a general statement?
X. Amendment and Suspension
of the Rules
XI.Communications with Staff Do we need to revise this? It seems appropriate to streamline this as our staff
are increasingly overloaded with work. Other ROP documents have a defined
time that staff has to answer? [Camp Verde, pg 7 pdf]
[Need new language on letterhead]
Need to add other Communications issues:
-Local cell number? Contact information?
Need additional communications section? Email? Social Media?
[example: Goleta, pg 14 pdf]
XII.Budget Review We should work on overhauling this section completely with Kevin – and use the
feedback recently provided in the survey to more clearly outline our budget
process.
SUGGESTIONS FOR NEW
SECTIONS
Role of the Mayor, Role of Council, Role of Chief of Staff, etc. [example: Goleta,
pg 10 pdf]
Preparation for meetings: Council members asking for information from staff
[example: Goleta, pg 13 pdf]
Minutes & Production of Minutes for Council and Committees
General Sections on Different Motions [Troy, pg. 7 pdf]
Defining Executive Session in more detail?
Representing City at ceremonies [Camp Verde, pg 4 pdf]
Endorsement of Candidates [Camp Verde, pg 5 pdf]
Council contact with the Media [Camp Verde, pg 13 pdf]
Common Council Rules of Procedure – Revised July 2, 2014
I. Meetings
i. Organization Meeting
The Common Council shall meet on the first day of January after the election at
the regular place of meeting of the Common Council for the previous year, and
thereafter it shall meet at such place as it may choose, within or without the
territorial limits of the city but in reasonable proximity thereto, and at times
hereinafter provided.
ii. Regular Meetings
The Common Council shall hold regular meetings at least once each month, on
the first Wednesday of the month in Common Council Chambers, Third Floor,
City Hall, 108 E. Green Street, unless otherwise specified by Council.
iii. Special Meetings
The Mayor or any six Council members may call a special meeting of the
Common Council by 24 hours' notice, in writing, served personally or by mail
upon the other members of the Common Council or by leaving said notice at
either their respective usual places of business during business hours or their
respective places of abode at other times. In the absence of the Mayor, any
three Council members, may call special meetings by 24 hours' notice in the
same fashion.
iv. Voting
1) In the proceedings of the Common Council, each member present shall
have a vote except the Mayor, who shall only have a vote when the
votes of the other members are tied, and except as hereinafter
provided.
2) A majority of the members of the Common Council shall be a quorum
for the transaction of business. If a member abstains from voting, it shall
be considered as if that member did not vote. However, a member may
only abstain from voting if that member determines that she or he has a
conflict of interest regarding the motion being voted upon.
3) A majority vote is required to pass any motion or resolution, except as is
hereinafter provided. A vote of six (6) or more Council members shall
constitute a majority vote.
4) No tax or assessment shall be ordered except by a concurring vote of a
majority of all members of the Common Council in office, including the
Mayor, who shall be entitled to vote thereon as a member of the
Council, and no tax levied, assessment bill ordered, resolution or
ordinance shall take effect until the same shall receive the approval of
the Mayor.
5) The Common Council may override any mayoral veto by a 2/3 vote of
the alderpersons.
Common Council Rules of Procedure
Revised July 2, 2014
v. Collection and Distribution of Materials
1) The City Clerk shall prepare and distribute an agenda to the members
of Common Council for each meeting of Common Council at least four
days before each meeting
2) Staff designated by the appropriate body shall distribute to the members
of Common Council an agenda of the Board of Public Works, Planning
and Development Board, Ithaca Landmarks Preservation Commission
and Board of Zoning Appeals at least four days before each meeting of
said boards.
3) Agendas for each meeting of each Standing Committee of Common
Council will be distributed to the members of Common Council by the
department responsible for preparing agendas and minutes for said
Standing Committee. Agendas shall include all supporting documents,
unless a member of Council indicates that they do not wish to receive
the documents for a particular committee.
4) Each Chair of a Common Council committee shall present agenda
items pertaining to that committee in the appropriate final format to the
City Clerk no later than 4:00 p.m. on the Thursday preceding any
meeting of the Common Council and give some indication of whether
the item is for report or action. Any member of Common Council or the
Mayor may present agenda items in the same fashion and by the same
deadline to be considered at the following regular meeting of Common
Council.
5) The City Clerk shall transfer in memo or email form all referrals or action
resolutions from Common Council to the Chair(s) of the involved
Council committee(s), lay boards, agencies, and departments.
6) All matters to be brought before Common Council should include
sufficient supporting information for Council members to fully
understand the resolution to be voted upon.
vi. Attendance
Emergencies notwithstanding, Council members shall inform the Council or
committee chair at least three days ahead of time if they are not able to attend a
Common Council or Standing Committee meeting.
vii. Length of Meetings
Any meeting of either a Standing Committee or Common Council shall end after
four hours unless an extension is authorized by a majority vote of said body.
II. Order of Business
1. Pledge of Allegiance
2. Additions To and Deletions From the Agenda
3. Proclamations/Awards
4. Special Orders 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
9. Reports and Resolutions from Standing Committees
10. Reports of Special Committees
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Common Council Rules of Procedure
Revised July 2, 2014
11. New Business
12. Individual Member-Filed Items
13. Mayor’s Appointments
14. Reports of Common Council Liaisons
15. Report of City Clerk
16. Report of City Controller
17. Report of City Attorney
18. Minutes from Previous Meetings
19. Adjournment
(1) Pledge of Allegiance
The Mayor shall lead all present in the Pledge of Allegiance to the Flag.
(2) Additions To and Deletions from the Agenda
No legislation may be moved for a vote at a regular meeting of the
Common Council without unanimous vote of the members unless it first
appeared on the agenda. A matter may be reported to the Council at
any time, whether or not it appears on the agenda for that meeting, an
item may be withdrawn from the Common Council agenda with the
consent of the Mayor and either the sponsoring committee Chair or
individual member who brought the item.
(3) Proclamations/Awards
The Mayor shall announce any proclamations or awards.
(4) Special Orders of Business
Common Council will consider any agenda items or convene any public
hearings deemed of special significance.
(5) Special Presentations Before Council
It is desirable for the Common Council to hear from boards,
commissions, neighborhood associations, representatives from other
municipalities or some other group or individual in order to get essential
information for the effective maintenance of the City. In this case, the
three (3) minute time limit shall not apply.
(6) Petitions and Hearings of Persons Before Council
Persons not members of Common Council shall be accorded the
privilege of the floor and be permitted to speak for three minutes in
regards to matters within the scope of the powers of Common Council.
All persons speaking before Council will observe the Rules of Order
posted in Common Council Chambers (See Section III (v).
a. Petitions and Hearings of Spokespersons Before Counci l
Any provision herein to the contrary notwithstanding, a group of
three or four persons wishing to be heard in regards to matters within the
scope of the powers of the Common Council may designate a
spokesperson to address the Common Council on behalf of said group.
Such a spokesperson will be permitted to speak for five minutes. Similarly,
a group of five or more may designate a spokesperson to address the
Common Council on behalf of said group. Such a spokesperson will be
3
Common Council Rules of Procedure
Revised July 2, 2014
permitted to speak for seven minutes. All persons represented by such a
spokesperson must be present at the Common Council meeting, and
appear with the speaker in order for the spokesperson to be heard. All
spokespersons speaking before Council will observe the Rules of Order
posted in Common Council Chambers (See Section III (v)).
(7) Privilege of the Floor – Common Council and the Mayor
Any member of Common Council or the Mayor shall be accorded the
privilege of the floor to speak in response to any person having made
comments during the Petitions and Hearing of People Before Council or
in regard to any matters pending before the board or any matters of
significance to the residents of the city.
(8) Consent Agenda
The Consent Agenda shall be a listing of all resolutions and
appointments that have been designated by the Chairs of the
recommending Standing Committees, or by the Mayor, as being routine
and not likely to need or require discussion by the Common Council,
unless said agenda item requires a formal vote in accordance with state
or local law. The resolutions and appointments listed in the Consent
Agenda are voted on as a group by the Council. Any member of the
Council may require that any resolution or appointment in the Consent
Agenda be instead included separately and individually as part of the
business of a Standing Committee or Special Committee.
(9) Reports and Resolutions from Standing Committees
Reports – The chair of each standing committee shall give a brief oral
report of any business of that committee not scheduled for discussion
as part of the meeting agenda, followed by an opportunity for other
members of the Council to ask questions.
Motions and Resolutions – The Committee Chair shall introduce each
motion or resolution brought forward from committee by reading the
Resolved portions into the record. The Committee Chair need not read
the entire resolution. The Committee Chair may synopsize or
summarize the issues in the resolution, if so desired.
(10) Reports of Special Committees
The Chairs of any special committees may give brief oral reports of any
business of their committees. Each report shall be followed by an
opportunity for other Council members to ask questions. If they have
any motions or resolutions, they shall follow the sequence and
procedures in No. 9 above.
(11) New Business
The Mayor may ask Common Council to consider any report or
resolution whether or not that report or resolution has been previously
reviewed by a Standing Committee.
(12) Individual Member-Filed Items
Any individual Council member shall introduce any motion, proposed
resolution, or proposed ordinance that was submitted to the City Clerk
by that individual Council member by 4:00 p.m. on the Thursday
preceding the Common Council meeting and which was included in the
agenda for that meeting. Any individual Council member may introduce
4
Common Council Rules of Procedure
Revised July 2, 2014
a proposed local law that was submitted to the City Clerk by that
individual Council member at least seven calendar days (excluding
Sundays) prior to the Common Council meeting, laid upon the tables of
all the members of Common Council at least seven days (excluding
Sundays) prior to the day of the Common Council meeting and which
was included in the agenda for that meeting. Common Council may
decide to consider the motion or proposed resolution, ordinance or local
law, table it until a future meeting, refer said motion or proposed
resolution, ordinance or local law to a Standing or Special Committee,
or take any other action it deems appropriate.
(13) Mayor’s Appointments
The Mayor shall present her or his appointments to Common Council
for a vote.
(14) Reports of Common Council Liaisons
Any Common Council member may provide a report related to any
board, commission or other body to which that Council member is a
liaison.
(15) Report of City Clerk
The City Clerk shall provide a report.
(16) Report of City Controller
The City Controller shall provide a report.
(17) Report of City Attorney
The City Attorney shall provide a report.
(18) Minutes from Previous Meetings
The City Clerk shall present the minutes from previous meetings to
Council. In the absence of objection or correction, the minutes stand
approved without formal motion.
(19) Adjournment
Upon completion of the above-listed order of business, the Mayor shall
hear a motion to adjourn the meeting.
III. Order and Decorum
i. The Chair shall preserve order and decorum and shall decide all questions of
order, subject to an appeal from the Common Council or Standing Committee.
ii. If an appeal is taken from the decision of the Chair, the Chair shall have the right
to explain the reason for the decision. The Council or committee shall decide the
case without debate, and the question shall be stated by the Clerk or equivalent
staff, “Shall the ruling of the Chair be sustained?” The vote shall be taken by roll
call and ruling sustained by a majority of the members of Council or Standing
Committee. The Mayor does not vote in such an appeal.
iii. While the Chair or the Clerk is taking a vote or while a member has the floor and
is speaking, no other member shall speak except to raise a point of order or a
point of information.
iv. No matter concerning the medical, financial, credit or employment history of a
particular person, or matters leading to the appointment, employment, promotion,
demotion, discipline, suspension, dismissal or removal of a particular person
shall be discussed by Council in open session, but shall instead be taken up in
executive session upon a majority vote of the total membership of Council as
provided by Sec. 105 subd. 1 f of the Public Officers Law. In any case,
5
Common Council Rules of Procedure
Revised July 2, 2014
Alderpersons and the Mayor shall be sensitive to the negative impact of public
statements criticizing an employee. If the direct subject of the public criticism is
the content, implementation, or outcome of a policy, this is not considered to be a
criticism of job performance.
v. All members of the public who attend meetings of any City board, commission or
committee, including public meetings of Common Council, shall act in
accordance with the following Rules of Order (as posted in Common Council
Chambers):
1) Where public comment is scheduled on the meeting agenda, any
member of the public may address the Mayor, Common Council, or a
Council Committee in regards to matters within the scope of the powers of
Common Council for up to three minutes.
2) Any person may address Common Council or a standing committee of
Common Council for up to three minutes during the “Petitions and Hearings
of Persons Before Council” or “Public Comment” portion of an official
meeting. A speaker will be notified by a timekeeper when her/his time has
ended. Neither the Chair, the Mayor, nor any majority vote of the entire
body may extend the speaker’s limit. A person may address the body at
any point after the “Petitions and Hearings of Persons Before Council” or
“Public Comment” portion of the meeting upon invitation by, or permission
from, the Mayor, the Chair of the committee or by a majority vote of the
body. The provisions of this subsection shall apply to spokespersons,
designated per Section II (6)(a), with the exception that the time limit
afforded such persons shall be either five or seven minutes, depending on
the size of the group the spokesperson represents.
3) Any person who shall desire to speak at a meeting of Common Council,
or a Council Committee shall fill out a card stating her or his name, street
address, municipality of residence, and the topic upon which they will
comment. Any spokesperson, appointed pursuant to Section II (6)(a), who
shall desire to speak at a meeting of Common Council, or a Council
Committee shall fill out a form stating her or his name, the name, if any, of
the group she or he represents, the names of those persons that the
spokesperson is designated to represent, and the topic upon which they will
comment. If a person identifies himself or herself as a member of such a
group, he or she may not exercise the individual right to address council or
committee at the same meeting. In completing this card or form each
speaker will be affirming that they have read and understand the posted
Rules of Conduct. Upon speaking, each person shall verbally state their
name, the municipality in which they reside, and the name of the group they
represent, if any, for the record.
4) Members of the public addressing the Mayor, Common Council, or a
Council Committee shall do so in an orderly manner.
5) No person shall shout, use foul language, throw or slam anything or
engage in any other form of disruptive behavior.
6) No member of the public shall approach Common Council members, the
Mayor or City staff seated at the Council table, except as detailed in Section
III, v. 7, or upon request of the Chair or a majority of the body.
7) Speakers shall give any written materials to the City Clerk or City staff
for distribution to Common Council and Committee members.
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8) If a member of the public fails to follow the Rules of Order, the Chair
shall ask the member of the public to take her or his seat or, if seated, the
Chair shall ask the member of the public to cease any behavior in violation
of the Rules of Order.
9) If a member of the public fails to sit down after being asked, or continues
with outbursts or other behavior prohibited by these Rules of Order while in
the audience, the Chair shall ask the member of the public to leave the
room.
10) If a member of the public fails to leave the room after being asked or
continues with other behavior prohibited by the Rules of Order, the member
of the public will be subject to arrest on the charge of Obstructing
Governmental Administration.
IV. Standing Committees
The Mayor shall appoint, at the first meeting of the Common Council in each year
Or as soon thereafter as may be, all standing committees required by the rules of
the Common Council and all special committees of the Common Council.
V. Acting Mayor and Alternate Acting Mayor
i. In case the Mayor shall be unable to perform the duties of the Mayor's office in
consequence of sickness or absence from the city or if there shall be a vacancy
in the office, at the first meeting in each year or as soon thereafter as may be
practicable, the Common Council shall appoint by ballot one of its members to
preside at the meetings, and the presiding officer thus chosen shall be vested
with all the powers and perform all the duties of the Mayor of the city, except as
provided in the City Charter § C-33A(1), until the Mayor shall resume the duties
of the office or the vacancy shall be filled for the unexpired term by election
according to law. The officer so appointed shall be styled "Acting Mayor" and
shall sign all necessary papers with his/her name, adding thereto the words
"Acting Mayor."
1) The Acting Mayor shall not be vested with the voting powers of the
Mayor as described in the City Charter § C-30, but shall instead
exercise the voting rights afforded Council members other than the
Mayor.
ii. The Common Council may in the same manner appoint another of its members
as Alternate Acting Mayor, to assume all the powers and perform all the duties of
the Mayor of the city in the same manner and fashion as the Acting Mayor
whenever the Acting Mayor is required to assume the powers and duties of the
Mayor's office but is unable to do so in consequence of sickness or absence from
the city.
VI. Receipt of Reports
i. The Common Council may vote to ACCEPT in whole or in part the report of any
person, consultant, committee, task force, or other group. Acceptance is hereby
defined to mean that the Common Council acknowledges receipt of the report and
thanks its author for it.
ii. The Common Council may vote to ENDORSE any such report in whole or in part.
Endorsement is hereby defined to mean that the Common Council acknowledges
receipt of the report, thanks its author for it, and concurs in its findings and/or
recommendations.
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iii. The Common Council may vote to ADOPT any such report in whole or in part.
Adoption is hereby defined to mean that the Common Council acknowledges
receipt of the report, thanks its author for it, and formally commits itself to
implementing its recommendations.
iv. The Common Council may vote to REJECT any such report in whole or in part.
This may be done either by voting down an acceptance or an adoption
resolution, or by passage of a resolution of rejection. Such a resolution means
that while the Common Council has received the report, it finds it unsatisfactory
and/or does not choose to implement its findings.
VII. Vacancies
i. In the event that a vacancy is created on Common Council pursuant to Article 3
of New York State Public Officers Law, Council shall fill such vacancy until the
next regularly scheduled municipal election.
ii. A Council Selection Committee shall consist of:
a. The Mayor;
b. The Council member from the same Ward in which the vacancy has been
created;
c. Another member of Council as selected by the Mayor.
i. Within 7 days of the receipt of written notice of the creation of a vacancy,
the City Clerk shall post a notice of vacancy and request that interested
candidates submit an application to the City Clerk.
ii. The Council Selection Committee shall review applications and schedule
a meeting at which candidates have the opportunity to present themselves
and answer questions.
iii. The Council Selection Committee shall, within 30 days of the posting ofthe
vacancy by the City Clerk, present a recommended candidate to Common
Council for a vote. The candidate shall be approved upon majority vote of
Common Council.
iv. Approved candidates shall be seated at the next Common Council
meeting.
v. In the event that Common Council does not approve the recommended
candidate, the Council Selection Committee shall have the option of presenting
an alternate candidate at the same meeting, or tabling the recommendation until
the next Common Council meeting.
VIII. Removal of a Council Member
Common Council may initiate the removal of a Common Council member for misconduct or
abrogation of duties, otherwise being unfit for services OR pursuant to New York State
Public Officers Law 30(1), for failure to maintain residence in the Ward for which the
member was elected, as defined in City Code § 90-67(B)(2).
i. Robert’s Rules of Order shall govern the process for investigating a claim that a member
is unfit for membership and ultimately removing a Common Council member from office.
ii. Removal of a Common Council member shall create a vacancy, pursuant to Article 3 of
New York State Public Officers Law, which shall be filled as outlined in Section VII above.”
IX. Rules of Procedure
In any matter of procedure not governed by these rules, the Common
Council shall be governed by Robert’s Rules of Order.
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X. Amendment and Suspension of the Rules
i. These rules shall not be altered or amended except by two-thirds vote of the entire
Common Council, and then only after at least one week’s notice accompanied by a
written or printed copy of the proposed alteration or amendment.
ii. These rules may be temporarily suspended by a two-thirds vote of the Common
Council.
XI. A Communications between Council Members and Staff
XIA - 1. Council members who need information from City staff to assist them in
developing policy or in responding to a request from a constituent, shall transmit
information requests to the department head or directly to the department staff.
XIA - 2. Whenever Council members seek information directly from departmental
staff, the following procedures should be pursued since individual Council members
do not supervise staff nor do they establish or change programs.
1) If the information request is more than minimal in terms of staff time
required, the Council member should direct the inquiries to the Mayor or
the chair of the committee to which the department reports. If the
Mayor or the committee chair declines to authorize the request, an
appeal may be made to the appropriate committee; and if that fails, to
the whole Council.
XIA - 3. A Council member should never attempt to influence the conduct of a staff
person on the job. Any concerns that a Council member has about a staff person’s
conduct on the job or job performance should be directed to the Department Head,
the Mayor, the Human Resources Director or the appropriate committee.
1) In the event that any Council member does so attempt to influence
the conduct of a City staff member on the job, the staff person should bring
this to the attention of the department head who will in turn notify the
Human Resources Director, the Mayor and the Chair of the committee to
which the department reports.
B Use of Council letterhead
XIB – 1 The primary use of Common Council letterhead stationery is to
communicate official Council positions on matter of public concern. These
positions may be communicated by members of Council designated to speak for
the whole when a majority of Council members have consented.
XIB – 2- A secondary use of Common Council letterhead stationery is to allow
individual Council members to express views regarding matters of official City
business. In these instances it shall be clear that that the opinion expressed by
the Council member is that member’s opinion only and may not be the official
opinion of the City or Council as a body.
XIB - 2 – a - When expressing her/his own position on City letterhead, a
Council member shall use letterhead designating her/his office, e.g. “Ezra
Ithacan, Sixth Ward Alderperson, Common Council, City of Ithaca.” This
personal letterhead may also be used, for example, for letters of
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reference or recommendation if the Alderperson, in her/his capacity as a
City official, has known the subject.
XIB – 2 – b - When two or more Council members collaborate to express
a view not officially advocated by the majority of Council, those
Alderpersons may electronically design their own joint letterhead
indicating their names and offices, or use Council letterhead, but in either
case shall explicitly state in the letter that their view is not that of the
majority or the official view.
XIB – 3 – Council members shall not use City letterhead stationery or the
City logo for their private correspondence or on behalf of private
individuals or organizations. Correspondence on letterhead should never
give the appearance of using the office of Alderperson for personal gain
or influence.
XII. Budget Review Meetings.
i. After receiving the Mayor’s proposed budget, the Common Council shall
conduct a committee meeting (or series of committee meetings) for the
purpose of reviewing the proposed budget, receiving presentations from City
departments and agencies and affected City-sponsored programs,
considering possible modifications to the Mayor’s budget, conducting two or
more public hearings on the budget (in addition to the public hearing required
at the regular Common Council meeting in November), and recommending a
proposed budget to be voted upon by the Common Council at a regular or
special Common Council meeting.
ii. The afore-mentioned budget review meetings shall be considered to be
Committee of the Whole (COTW) meetings and shall be subject to the
following procedural rules:
a. The COTW shall consist of the full membership of Common Council,
including the Mayor.
b. These COTW meetings shall be organized by the committee of
Common Council charged with budget and finance matters (i.e., the City
Administration Committee or whichever successor committee is
responsible for budget and finance matters).
c. A quorum for purposes of conducting business shall be a simple
majority of the whole membership of Common Council, i.e., six
members, and the Mayor shall not count toward said quorum.
d. The Mayor shall not be entitled to vote except to break a 5-5 tie in the
vote of the other members of the COTW.
e. The budget review COTW meetings shall be chaired by the chairperson
of the committee of Common Council that is charged with budget and
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Common Council Rules of Procedure
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finance matters (i.e., the City Administration Committee or whichever
successor committee is responsible for budget and finance matters).
f. All budget review COTW meetings are subject to the Open Meetings
Law, and are, therefore, open to the public and require advance notice
as provided by law. However, with the exception of those COTW
meetings, which are specifically designated as “public hearings,”
members of the public shall not be entitled to make public comment at
the COTW meetings, unless the COTW decides otherwise by majority
vote. For those COTW meetings that are specifically designated as
“public hearings,” or at any other COTW meeting where the public has
been permitted to comment, the same rules as to public comment which
are applicable to regular Common Council meetings or other Council
committee meetings shall apply.
g. At the first meeting in any year of the budget review COTW, the Mayor’s
proposed budget shall be moved (and seconded) for recommended
approval by Common Council, for the sake of discussion and possible
amendment. Thereafter, including at subsequent COTW meetings, the
chair shall entertain proposed amendments to the Mayor’s budget, with
regard to any line or amount therein, which proposed amendment shall
require a second in order to be considered. For passage by the COTW,
any such amendment shall require the affirmative vote of at least six of
those COTW members present. Following the consideration of all
proposed amendments, the COTW shall vote on a recommendation, to
Common Council, of a proposed budget, including any amendments
which have been acted upon affirmatively by the COTW. If for any
reason the COTW is unable to make such a recommendation, then the
Mayor’s proposed budget shall be moved for discussion at a Common
Council meeting following the completion of the scheduled budget
review COTW meetings.
h. Except as otherwise provided for herein, the meetings of the budget
review COTW shall be governed by Robert’s Rules of Order.
iii. Nothing herein is intended to restrict the ability of the Common Council to
amend the proposed budget at a Common Council meeting, prior to its
adoption.
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