HomeMy WebLinkAboutMN-BPW-2006-10-11BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. October 11, 2006
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Chapman, Schlather, Dotson, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Deputy City Controller - Andrew
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Coles
DAC Liaison – Roberts
Executive Assistant – Grunder
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Supt. Gray requested the addition of the following items:
8A entitled “Parking Regulations” – Power to Act for October 18, 2006 or November 1,
2006
10A entitled “Plumbing Code Changes” – Power to Act for October 18, 2006 or
November 1, 2006
No Board member objected.
MAYOR'S COMMUNICATIONS:
Mayor Peterson reported that she would discuss the proposed budget for 2007 later in
the meeting. She stated that her office received a petition from “Friends of Newman Golf
Course” with signatures of youth under 18 years old in favor in protecting and improving
the golf course. She stated that this information would be added to the materials that
Commissioner Chapman has for the golf course sub-committee.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
The following people addressed the Board in support of the proposed renaming of State
Street/Martin Luther King, Jr. Street:
Sareanda Lourdes, 114 Delaware Avenue, Ithaca
Gino Bush, 110 Fayette Street, Ithaca
Kathy Luz Herrera, 116 Utica Street, Ithaca
Che Broadnax, 607 North Cayuga Street, Ithaca
Mary Anne Grady Flores, 514 North Plain Street, Ithaca
Crystal Clark, Ithaca College Student, Ithaca
Meghan Touck, 415 North Cayuga Street, #3, Ithaca
Paylin Ariner, 408 North Geneva Street, Ithaca
Sean Eversley-Bradwell, 419 South Geneva Street, Ithaca
Alan Gómez, 118 W. Court Street, Ithaca
Teresa Grady, 105 Second Street, Ithaca
Michelle Berry, 525 West Buffalo Street, Ithaca
Jessica Stewart, 108 Esty Street, Ithaca
Taylor Desir, 158 Danby Road, Ithaca
Kathleen Pasetty, 146 East State Street, Ithaca
Victoria Jordan, 146 Coddington Road, Ithaca
Max Lawrence, Ithaca College Student, Ithaca
Pete Meyers, 125 Park Place, Ithaca
The following people addressed the Board in opposition to the proposed renaming of
State Street/Martin Luther King Jr. Street:
Board of Public Works – October 11, 2006- Page 2
Stuart Lewis, 23 Cedar Lane, Village of Lansing
Peter Parkes, 120 East State Street, Ithaca
Fay Gougakis, Ithaca Commons, Ithaca
Bob Durphy, 202 West Yates Street, Ithaca
Todd Parlato, 635 West State Street, Ithaca
Jean McPheeters, 904 East Shore Drive, Ithaca (on behalf of the Chamber of
Commerce)
Rob Steuteville, 824 North Aurora Street, Ithaca
Amanda Mazzaraco, 948 East State Street, Ithaca
Nevin Sabet, City of Ithaca, addressed the Board regarding speeding and crosswalks
on Hector Street
Cynthia Brock, City of Ithaca addressed the Board regarding traffic safety and
development on West Hill
Mayor Peterson read for the record written comments received from the following
people in support of the proposed renaming of State Street/Martin Luther King Jr.,
Street:
Peter Shrempf, City of Ithaca
Chris McConkey, Trumansburg
Marena Williams, Student at Wells College
Elizabeth Bauchner
Mayor Peterson stated that she received a personal e-mail from Beverly Baker and on
behalf of Jackie Melton-Scott and Millie Clark Maynard, which read in part: who propose
renaming the portion of Route 89 from the bridge by the turn to the Boatyard Grill out to
Cass Park Rink or even to the Hangar Theatre Martin Luther King, Blvd. There is also a
wonderful walkway where there could be a memorial, quote engraved in stone or written
on banners, benches on which to meditate on his words, plenty of space for gatherings
easily accessible; there are no businesses or houses on that stretch of road so there
would be no change of address and it belongs to the City which means it could be
accomplished in record time.
Mayor Peterson noted that there was twenty minutes left for the rest of the meeting and
there is no proposal on the floor.
RESPONSE TO THE PUBLIC
Commissioner Dotson thanked all the speakers for coming out and sharing their
feelings and opinions with the Board. She stated that this is a difficult issue and has
personally been difficult for her.
Commissioner Schlather reported County Clerk, Aurora Valenti, informed him that the
aim of the Department of Motor Vehicles is to serve the citizens of this community and
that there would be no problem whatsoever with any change in address; as long as the
Post Office will deliver the mail. Doug Lavate, from the United States Post Office has
said in essence, “thank God for computers”, because they are now able to code their
delivery and mail sorting machines so that they can code in several alternative street
names. They acknowledge that in New York City there is 6th Avenue, also known as the
“Avenue of Americas” and people use both addresses interchangeably. Also in blocks of
that particular avenue, they have blocks that are named after famous people that are
important to the local heritage and all of those people get mail. The Post Office has
stated that if the City of Ithaca had a street named “Martin Luther King Street” or “Martin
Luther King Blvd” or “Martin Luther King East” or “Martin Luther King West” and it also
was named State Street and one resident chose to remain as State Street or East State
Street and another resident next door chose to be the address of “Martin Luther King”
they both would get their mail, as long as the municipality makes clear that that is what
the municipality wants. He thinks that is important data because that helps define some
of the Board’s discussion.
Mayor Peterson reported that she spoke with the Fire Chief who has public safety on
the top of his list of what is most important. His concerns are the duplicate names of
streets; there is a King Street in the City of Ithaca. He stated that the City and Town of
Ithaca are in the same fire district and that the Town of Ithaca purchases fire service
Board of Public Works – October 11, 2006- Page 3
from the City of Ithaca as a joint fire department. There is a King Road in the Town of
Ithaca, the Village of Trumansburg has a King Street which becomes Kingtown Road as
it leaves the Village and the common element to all these locations is that 9-1-1 calls for
help are all received in the same place. The Fire Chief provided an example of a near
catastrophe that occurred at 204 Williams Street in the City. The initial call was from a
cell phone, enhanced 9-1-1 automated number look-up and address validation
occurred, the land line failed so County 9-1-1 computer aided dispatch system only
presented one choice and a dispatcher sent fire trucks to 204 Williams Street in Groton
as an act of fire was happening in the City of Ithaca. That is a concern when people are
stressed about getting the address right and cell phones are of such that it is not
identifiable where the phone call is coming from. The Fire Chief reports that new
technology will eventually offer some relief from the current difficulties in pinpointing a
cellular caller’s location but full implementation of this is probably years away. In the
meantime, if the CAD system and dispatcher’s skill in coaxing the information needed to
accurately decipher a location are not at 100% the potential for a mistake increases.
The Fire Chief also provided information that from January 1, 2006 to October 5, 2006
the fire department responded to 1,361 emergency incidents on State Street and 182 on
either King Street or King Road.
Alderperson Coles stated that she is the liaison from Common Council and does not
have a vote at this Board. She stated that she has listened very carefully to what
everyone has said and will not repeat something that has already been said. She noted
that there are three streets in the City of Ithaca that are named after African Americans
and there are three streets in the City of Ithaca named after women. She has been
struck time and again by the fact that the physical world around us reinforces who we
are and what we can achieve or negates what we are and what we can achieve. She
feels that it is horrible to see all white faces on these walls and the fact remains that
there are also no women on these walls and it is from that inside perspective that she is
able to understand what that means for a child growing up, the message that is all
around in a very often unconscious way penetrates what one thinks of himself or
herself. She is hoping that is a way into understanding a little bit more deeply what has
been said here tonight. She also wants to say to the people who came out and spoke
against this that they also have her respect. She does not believe for one moment that
anyone who spoke against this is a racist or has ill will against anyone; there is a
difference of opinion.
DAC Liaison Roberts stated that he is the liaison from the Disability Advisory Council
(DAC). Unfortunately, he forgot to ask the DAC what they thought about this issue, but if
this is not voted on tonight he will get their opinion. He did want to speak as a person
with a disability about this issue of balance. He stated that the “Americans with
Disabilities Act”, which is the major piece of civil rights legislation for people with
disabilities, intends that places of public accommodations such as all businesses be
accessible to people with disabilities. It also requires that businesses plan and figure out
how they are going to be most effectively accessible to people with a variety of
disabilities. He further stated that the law does recognize that some things represent an
undue burden and it is not intended that the requirement threaten the businesses
existence, or is going to cost so much that it would be untenable. He stated that the law
does not release businesses from becoming accessible to people with disabilities and
for people with disabilities buildings becoming accessible is a way of knowing they are
welcome in the community. If you can not get into buildings, you’re not welcome. He
noted, however, that just because something is an undue burden does not mean that a
business is released from its requirement to become as accessible as possible and to
think about how they could become accessible over time. Greyhound is a perfect
example of this process; becoming accessible and welcoming to communities that have
been excluded for a long period of time is a process. He asked Board members to think,
as they consider their vote, if changing the name of this particular street name is so
burdensome to the people who live there and have businesses there that they can not
support it. He does not think this is the case as he listens to what people say the costs
will be. He stated that if he got to vote on this, he would vote in favor of it.
Mayor Peterson stated that she believes the Board is going to have to give themselves
Power to Act on this item because there is no resolution on the floor at this time. She
stated that Commissioner Schlather reported on his information, she had the public
safety piece, and the Board has the information from the Chamber of Commerce which
Board of Public Works – October 11, 2006- Page 4
were the three pieces of information it had been waiting for before considering a
resolution.
Commissioner Schlather noted that there had been a huge amount of community input,
which he is very appreciative of and which has been very instructive and useful,
however, the Board has not had any kind of conversation about this in terms of a give
and take discussion and there are a lot of issues and considerations that he thinks this
Board must engage in publicly. He thinks that it is important that each member of the
Board have an opportunity to speak and discuss this as a group in a discussion that is
more than just perfunctory.
Power to Act - Resolution
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Board grant itself Power to Act on a resolution concerning the
proposal to rename State Street/Martin Luther King Street at the October 18, 2006
Committee of the Whole Meeting..
Commissioner Dotson stated that she would second that realizing that the next meeting
does not normally have public comment. She noted she would support not having
public comment at that meeting so the Board can actually discuss this item.
Mayor Peterson confirmed that the Board does not normally have public comment at
their Committee of the Whole meeting; however the meeting is open to the public and
people can attend to listen to the discussion.
Commissioner Chapman stated that he feels strongly that the Board should have a
public discussion amongst itself and allow for a good amount of time for that. He stated
that he is not comfortable with coming to a quick decision and thinks the Board should
be very exact in how any resolution is put together. He strongly feels that the Board
should have the discussion at the next meeting but he is not sure that it needs the
Power to Act.
Commissioner Schlather stated that he would give his personal assurance to other
Board members that if any Board member objects to acting on a particular resolution
that may be fashioned at the next Board meeting that he would support that opposition
in trying to prevent the vote then. However, he does think that if the Board should agree
on something that it be able to act on it if given the opportunity.
Commissioner Wykstra stated that he feels very comfortable with what Commissioner
Schlather has said and also supports Commissioner Chapman’s concerns as well.
A Vote on the Resolution resulted as follows:
Carried Unanimously
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT
Request for Encroachment Agreement at 308 East Falls Street – Resolution
By Commissioner Dotson: Seconded by Commissioner Jenkins
WHEREAS, the Board of Public Works has received a request to acknowledge the
encroachment of a garage at the back of the property owned by W. David and Mary Lee
Banfield located at 308 East Falls Street as it now exists and is shown in the survey
map of September 18, 2006, by T.G. Miller, P.C., and
WHEREAS, the garage encroaches by approximately 4.8 feet into the City-owned bank
of Fall Creek, and
WHEREAS, the garage has been in its current location for many years, now therefore
be it
RESOLVED, That the Board of Public Works hereby authorizes the Mayor to enter into
an encroachment agreement with W. David and Mary Lee Banfield, owners of 308 East
Falls Street, under the usual terms and conditions, which shall include permitting the
encroachment to continue so long as the present building shall be in existence, or until
the City’s Department of Public Works finds that the removal of the garage is necessary
for the City’s use of said area, at which point such encroachment shall be removed at
Board of Public Works – October 11, 2006- Page 5
private owner’s sole expense forthwith, as well as insurance and rental provisions
proposed by the City Attorney.
City Attorney Hoffman stated that this action is completely consistent with what the City
did almost next door where there was a similar situation where a garage encroached
slightly.
A Vote on the Resolution Resulted as follows:
Carried Unanimously
Power to Act – Parking Regulations and Plumbing Code Changes
By Commissioner Dotson: Seconded by Schlather
RESOLVED, That the Board grant itself Power to Act on Parking Regulations and
Plumbing Code Changes and related issues at either the October 18, 2006 and or
November 1, 2006 Committee of the Whole meeting.
Carried Unanimously
ADJOURNMENT
On a motion the meeting adjourned.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor