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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