HomeMy WebLinkAboutMN-BPW-2008-11-12BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. November 12, 2008
PRESENT:
Mayor Peterson
Commissioners (5) - Chapman, Schlather, Tripp, Wykstra, Brock
OTHERS PRESENT:
City Attorney - Hoffman
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Common Council Liaison – Coles
DAC Liaison – Roberts
Fire Chief – Wilbur
Deputy Fire Chief – Parsons
Deputy GIAC Director – McBean-Clairborne
Information Management Specialist - Myers
EXCUSED:
Commissioner Jenkins
Assistant Superintendent of Water and Sewer – Whitney
MAYOR'S COMMUNICATIONS:
Mayor Peterson introduced new Board member Cynthia Brock and then asked the rest
of the Board and staff to make their introductions to Ms. Brock as well.
Ms. Brock thanked Mayor Peterson for this opportunity to serve her community and for
the Board’s warm welcome.
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
APPROVAL OF MINUTES:
Approval of the Minutes of the October 1, 2008 Board of Public Works Committee
of the Whole Meeting - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the October 1, 2008 Board of Public Works
Committee of the Whole meeting be approved with noted corrections.
Carried Unanimously
Approval of the Minutes of the October 8, 2008 Board of Public Works Meeting -
Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the October 8, 2008 Board of Public Works meeting
be approved with noted corrections.
Carried Unanimously
Approval of the Minutes of the October 15, 2008 Board of Public Works
Committee of the Whole Meeting - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the October 15, 2008 Board of Public Works
Committee of the Whole meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Superintendent Gray offered substitute resolutions for the following items:
7.1 Lease of Steamboat Landing Site – Resolution
10.1 City/State Parks Agreement on Management of Festival Lands – Resolution
No Board member objected.
Board of Public Works – November 12, 2008- Page 2
Superintendent Gray also requested the addition of item 12.1 Power to Act – Service
Rates for 2009
No Board member objected.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Theodore Lowi, City of Ithaca, addressed the Board regarding the receipt of an
extraordinarily high water bill, as a result of the installation of a new water meter, and
that apparently “corrected” readings retroactive ten years requested that the Board
consider his request for an adjustment in that bill.
Fay Gougakis, City of Ithaca, addressed the Board to express her frustration and
concern that a public information session meeting on the City’s future water supply had
been scheduled at the same time as this meeting. She also voiced her concern
regarding the Ithaca Journal’s recent full-page advertisement for cell phones and the
safety issues involved when people are driving and using cell phones. She also
expressed her opposition to the dual naming of State Street.
Joel Harlan, Town of Newfield, addressed the Board in support of the dual naming of
State Street.
Molly Adams, Town of Caroline, addressed the Board regarding the dual designation of
State Street and voiced concern that this designation is an inadequate way to honor the
legacy of Dr. Martin Luther King, Jr. She feels that a better way to honor him would be
through the renaming of a park or plaza.
Carol Battenfeld, City of Ithaca, addressed the Board in opposition to the proposed dual
designation of State Street. She voiced concern about the cost this will incur to the City
and how that money would be better spent repairing the many potholes in various city
streets. She suggested renaming the Tompkins County Library in honor of Dr. Martin
Luther King, Jr.
Caleb Thomas, City of Ithaca, addressed the Board in support of the dual designation of
State Street. He feels this is a great compromise and expressed his hope that this
would be another step in the community to help end racism.
Leslyn McBean-Clairborne, City of Ithaca, addressed the Board in support of the dual
designation of State Street. She noted that she was on the renaming committee,
supports the resolution that is before the Board today. She noted that she is pleased
about the comments regarding this as a good compromise.
RESPONSE TO THE PUBLIC
Commissioner Tripp responded to Mr. Lowi’s comments regarding his high water bill
and stated that the Board would work with staff to respond to his request.
Discussion followed on the floor regarding the fact that Mr. Lowi probably won’t be the
only property owner that may receive a high water bill which are being generated as a
result of the recent water meter replacement project. Bills are being created that are
retro-active as far back as ten years. Further discussion followed regarding what
residents should do when they receive these bills and how staff will work with property
owners to resolve problems and work out payment plans accordingly.
Commissioner Schlather questioned whether any statute of limitation would apply for
these old bills and requested that the City Attorney research this question.
Commissioner Schlather asked to be recused from participation/discussion of the
following item because of a conflict.
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
Lease of Steamboat Landing Site – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, the Board of Public Works has been involved with the Steamboat Landing
Site from the time of its purchase in 1935 through its current use as a path for the outfall
pipe of the wastewater treatment facility, and
Board of Public Works – November 12, 2008- Page 3
WHEREAS, Common Council is working with the Ithaca Urban Renewal Agency and
the Ithaca Farmers’ Market to extend the current occupancy of that site by the Market
and has developed a lease-sublease program and outline of terms which support local
economic development goals, and
WHEREAS, the Board has been briefed by the Mayor and City Attorney on the
proposed terms of any subsequent agreement, most recently at the Board’s meeting on
November 5, 2008, now therefore be it
RESOLVED, That the Board of Public Works supports the objectives of the lease and
appreciates the balance of interests represented by the terms of the contract which
attempt to balance the Farmers’ Market’s desire for a long-term lease with known terms
against the city’s need for flexibility in land use planning over time while still supporting
the Market, and be it further
RESOLVED, That the Board directs the Superintendent to assist the City Attorney in the
resolution of property boundary and ownership questions in order to expedite this
agreement and resolve any other open questions related to the wastewater treatment
facility, and be it further
RESOLVED, That the Board recognizes the demands placed on the operators of the
wastewater treatment facility by the land uses around the plant that this agreement
would perpetuate and thanks the operators accordingly.
Ayes (5) Tripp, Wykstra, Chapman, Brock, Peterson
Nays (0)
Recusal (1) Schlather
Carried
HIGHWAYS, STREETS, AND SIDEWALKS:
Dual Designation of State Street to include Dr. Martin Luther King. Jr. Street –
Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
WHEREAS, in response to sustained public requests, including a proposal by the 2004
Circle of Recovery high school class, the Board of Public Works has considered ways to
honor and celebrate the life, vision and legacy of the Reverend Dr. Martin Luther King,
Jr., and
WHEREAS, among other proposals, it was recommended that an educational walkway,
known as the Martin Luther King Jr. Freedom Walk, be developed to commemorate
both the efforts of area residents, past and present, to promote equity, civil rights and
human rights, and the life, vision, and legacy of Dr. King, including his commitment to
social equity, civil rights and human rights, and
WHEREAS, Mayor Peterson formed an Implementation Committee to move this
important project forward, and
WHEREAS, the Framework Subcommittee of the Implementation Committee has
discussed at length a variety of ways to implement the Martin Luther King Jr. Freedom
Walk, and has recommended, by unanimous vote, that the first phase of the project be
the dual designation of State Street as Martin Luther King, Jr. Street, and
WHEREAS, State Street is a major thoroughfare of the City of Ithaca that connects
many neighborhoods and is home to both residences and businesses, and
WHEREAS, dual designation allows property owners and residents to choose which
mailing address they would like to use and allows residences and businesses to retain
their State Street address and so does not impose a cost burden on them, and
WHEREAS, to the extent feasible, each affected property and business owner on State
Street has been notified by letter about the proposal for dual designation, with an
explanation of any impacts of such a designation, and
Board of Public Works – November 12, 2008- Page 4
WHEREAS, the Board of Public Works has conducted three public hearings on this
proposal at the Board’s regular meetings held on October 8, October 15, and
November 5, 2008, to receive written and oral input on the dual designation of the
street, and
WHEREAS, the City of Ithaca Postmaster has recommended that the street be called
“State Street” and “Martin Luther King Jr. Street”, avoiding titles such as Doctor and
Reverend, and
WHEREAS, based on input from a number of agencies and departments, including 911,
who rely on property address databases to direct the provision of municipal and
emergency services, staff to the Martin Luther King Jr. Implementation Committee
recommends that such agencies be advised to continue to use the State Street
addresses, now, therefore, be it
RESOLVED, That based on the input from the Martin Luther King Jr. Implementation
Committee, property and business owners and other members of the public, the Board
declares the dual designation of the entire length of State Street, east to west, to include
the name “Martin Luther King Jr. Street” to be posted with an additional street sign
placed below the existing street signs, and be it further
RESOLVED, That the dedication ceremony for dual designating the street be made part
of the Greater Ithaca Activities Center’s annual celebration of the national holiday
celebrating Dr. Martin Luther King Jr.’s Birthday, to be held on Monday, January 19,
2009.
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the last Resolved clause be amended to read as follows:
“RESOLVED, That the dedication ceremony for dual designation of this street be made
part of the community celebration at Greater Ithaca Activities Center’s annual
celebration and throughout the City of the national holiday celebrating Dr. Martin Luther
King Jr.’s Birthday, to be held on Monday, January 19, 2009.”
Carried Unanimously
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the tenth Whereas Clause be removed from the resolution.
Fire Chief Wilbur and Deputy Chief Parsons joined the Board to discuss this item.
Questions arose regarding how the east and west portions of Martin Luther King, Jr.
Street would be identified. Concerns were raised about the capability of the County’s
current 9-1-1 system and its ability to only recognize one address per property. Further
questions were asked regarding how people would change their address to reflect either
“State Street” or “Martin Luther King, Jr. Street.” The Post Office informed staff that they
are capable of handling two different addresses and does not need to know officially
what each address will be listed as. Chief Wilbur noted that there could be confusion by
the 9-1-1 operators because of the different designations of the street and whether the
address be east or west. In an emergency if someone calls the 9-1-1 center and refers
to “Martin Luther King, Jr. Street” the word “King” in the name of the street could be
confused with four other “King” streets in Tompkins County and therefore result in a
delayed response by emergency personnel. Training of the 9-1-1 staff will definitely be
necessary until everyone gets used to the dual designation; similar to “The Commons”.
Deputy Chief Parsons requested that a process be established for the Fire Department
to respond to requests from property owners to change their address.
Commissioner Schlather requested that his initial amendment be withdrawn and
proposed the following amendment. This request was approved by Commissioner Tripp.
Board of Public Works – November 12, 2008- Page 5
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the tenth Whereas Clause be amended to read as follows:
“WHEREAS, based on input from a number of agencies and departments, including
911, who rely on property address databases to direct the provision of municipal and
emergency services, staff to the Martin Luther King Jr. Implementation Committee
recommends that such agencies be advised to continue to use the State Street
addresses until property owners request the Ithaca Fire Department to change his or
her address to “Martin Luther King, Jr. Street”, now, therefore, be it
Carried Unanimously
Discussion followed regarding the time frame for implementation of new signage with
the dual designation. The Board requested that some signage be installed on or before
January 19, 2009.
Amending Resolution:
By Commissioner Tripp: Seconded by Commissioner Schlather
RESOLVED, That the first Resolved clause be amended as follows:
“RESOLVED, That based on the input from the Martin Luther King Jr. Implementation
Committee, property and business owners, and other members of the public, the Board
declares the dual designation of the entire length of State Street, east to west, to include
the name “Martin Luther King Jr. Street” effective January 19, 2009, to be posted with
an additional street sign placed on the existing street signs, and be it further”
Carried Unanimously
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That an additional Resolved clause be added to the resolution as the last
Resolved clause that would read as follows:
“RESOLVED, That the Board of Public Works respectfully recommends that the Ithaca
City Common Council City Administration Committee and Common Council release the
restricted contingency funds previously dedicated to this purpose in an amount sufficient
to cover the cost of this action.”
Carried Unanimously
Commissioner Wykstra paid recognition to the special committee that was established
to work on this proposal and noted that they had put in a lot of work and effort. He
stated that their proposal for a “Martin Luther King, Jr. Freedom Walk” sounds wonderful
and that he looks forward to that walk being developed and constructed. He also
requested that the committee further explore the renaming of the Tompkins County
Library.
Mayor Peterson explained that during committee meetings the possibility of naming the
Tompkins County Library had been discussed. She stated that Janet Steiner, the
Tompkins County Library Director, had attended some of those meetings and explained
that a request to rename the library would need to be made to the Tompkins County
Legislators and that at this point it had not come to their attention.
Alderperson Coles noted that this was a very historical event that appears to be part of
a grass roots effort nationwide to acknowledge a remarkable man who did so much to
change and improve our lives.
Commissioner Schlather also noted that this is a historical moment for the Board of
Public Works. He shared the following poem whose author is unknown: “Rosa sat so
Martin could stand, Martin marched so Barack could run, Barac k ran so all children
can fly”.
Mayor Peterson noted that there had been some hard and emotional discussions during
the past four years. For her, one of the most exciting meetings was held at the Human
Services Building where there were dozens of speakers from all different opinions sitting
next to each other and who got up and talked about issues about the street re-naming
and issues around race. It was a remarkable meeting, and there have been many
discussions since then through different committees. She noted that it is very
Board of Public Works – November 12, 2008- Page 6
interesting that the community hasn’t done anything in reference and honor to Rev. Dr.
Martin Luther King, Jr. in all this time. There have been a lot of opinions that this is not
a suitable honor for Rev. Dr. Martin Luther King, Jr. but the Board has tried to
emphasize that this is one part of a larger plan to honor him and to continue to address
the issues around diversity, inclusion, race, and civil rights.
Main Motion As Amended:
A Vote on the Main Motion As Amended resulted as follows:
Carried Unanimously
Final Resolution:
8.1 Dual Designation of State Street to include Dr. Martin Luther King. Jr. Street
– Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
WHEREAS, in response to sustained public requests, including a proposal by the 2004
Circle of Recovery high school class, the Board of Public Works has considered ways to
honor and celebrate the life, vision and legacy of the Reverend Dr. Martin Luther King,
Jr., and
WHEREAS, among other proposals, it was recommended that an educational walkway,
known as the Martin Luther King Jr. Freedom Walk, be developed to commemorate
both the efforts of area residents, past and present, to promote equity, civil rights and
human rights, and the life, vision, and legacy of Dr. King, including his commitment to
social equity, civil rights and human rights, and
WHEREAS, Mayor Peterson formed an Implementation Committee to move this
important project forward, and
WHEREAS, the Framework Subcommittee of the Implementation Committee has
discussed at length a variety of ways to implement the Martin Luther King Jr. Freedom
Walk, and has recommended, by unanimous vote, that the first phase of the project be
the dual designation of State Street as Martin Luther King, Jr. Street, and
WHEREAS, State Street is a major thoroughfare of the City of Ithaca that connects
many neighborhoods and is home to both residences and businesses, and
WHEREAS, dual designation allows property owners and residents to choose which
mailing address they would like to use and allows residences and businesses to retain
their State Street address and so does not impose a cost burden on them, and
WHEREAS, to the extent feasible, each affected property and business owner on State
Street has been notified by letter about the proposal for dual designation, with an
explanation of any impacts of such a designation, and
WHEREAS, the Board of Public Works has conducted three public hearings on this
proposal at the Board’s regular meetings held on October 8, October 15, and
November 5, 2008, to receive written and oral input on the dual designation of the
street, and
WHEREAS, the City of Ithaca Postmaster has recommended that the street be called
“State Street” and “Martin Luther King Jr. Street”, avoiding titles such as Doctor and
Reverend, and
WHEREAS, based on input from a number of agencies and departments, including 911,
who rely on property address databases to direct the provision of municipal and
emergency services, staff to the Martin Luther King Jr. Implementation Committee
recommends that such agencies be advised to continue to use the State Street
addresses until the property owner requests the Ithaca Fire Department to change the
address to “Martin Luther King Jr. Street”, now, therefore, be it
Board of Public Works – November 12, 2008- Page 7
RESOLVED, That based on the input from the Martin Luther King Jr. Implementation
Committee, property and business owners and other members of the public, the Board
declares the dual designation of the entire length of State Street, east to west, to include
the name “Martin Luther King Jr. Street” effective January 19, 2009 and to be posted
with an additional street sign placed on the existing street sign poles, and be it further
RESOLVED, That the dedication ceremony for dual designation of this street be made
part of the community celebration at Greater Ithaca Activities Center’s annual
celebration and throughout the City of the national holiday celebrating Dr. Martin Luther
King Jr.’s Birthday, to be held on Monday, January 19, 2009, and be it further
RESOLVED, That the Board of Public Works respectfully recommends that the Ithaca
City Common Council City Administration Committee and Common Council release the
restricted contingency funds previously dedicated to this purpose in an amount sufficient
to cover the cost of this action.
Carried Unanimously
PARKING AND TRAFFIC:
Request for Free Holiday Parking – Friday After Thanksgiving and Three Days
Preceding Christmas – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
WHEREAS, the Downtown Ithaca Alliance has approached the Board of Public Works
with requests to provide downtown consumers with free parking at the three downtown
parking structures and the downtown street meters on the Friday after Thanksgiving
(November 28, 2008) and the three days preceding Christmas (December 22, 23, & 24,
2008) in order to encourage more downtown consumer visitations while reacquainting
some community members with the downtown shopping community, and
WHEREAS, the Board recognizes the value of lead time in responding to the Downtown
Ithaca Alliance’s request and understands that the city has a pattern of providing free
parking on the day after Thanksgiving, and
WHEREAS, the Board also understands that parking meters are useful tools to provide
and allocate short term parking in convenient locations while also encouraging longer
term parking by downtown merchants and staff to use the off-street parking, now
therefore be it
RESOLVED, That the Board of Public Works: agrees to hold the city-owned garages
downtown open for parking at no charge on Friday, November 28, 2008; directs staff to
work with the owner of the Cayuga Garage to make similar arrangements at that
structure since it is available to the city under the operating agreement; denies the
Downtown Ithaca Alliance’s request for free parking at the meters; and agrees to review
and respond to their parking request for December 2008 on or before December 3,
2008, and be it further
RESOLVED, That the Board grants itself Power to Act at it’s meetings of November 19,
2008, and December 3, 2008, on any resolution concerning Holiday parking
arrangements that it accepts for consideration.
Amending Resolution:
By Commissioner Tripp: Seconded by Commissioner Schlather
RESOLVED, That the third Whereas clause be removed from the resolution, and be it
further
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the Board of Public Works proclaims free parking at both meters
and parking garages in the City of Ithaca on Friday, November 28, 2008 and directs
staff to work with the owner of the Cayuga Garage to make similar arrangements at that
structure since it is available to the city under the operating agreement; and agrees to
review and respond to the Downtown Ithaca Alliance parking request for December
2008 on or before December 3, 2008, and be it further”
Carried Unanimously
Main Motion As Amended:
Board of Public Works – November 12, 2008- Page 8
A Vote on the Main Motion As Amended resulted as follows:
Carried Unanimously
CREEKS, BRIDGES, AND PARKS:
City/State Parks Agreement on Management of Festival Lands – Resolution
By Commissioner Wykstra: Seconded by Commissioner Tripp
WHEREAS, the Board of Public Works has been involved with the Festival Lands from
the time of the planned Performing Arts Festival through the recent Common Council
legislated dog park under City Charter described duties for Public Buildings and
Properties as well as the “construction, improvement, maintenance and operation of the
lands formerly comprising the Ithaca Municipal Airport” (Section C-61), and
WHEREAS, Common Council declared its intent to act as Lead Agency for a proposed
agreement with The State of New York Office of Parks, Recreation and Historic
Preservation (hereinafter “Parks”) for management of the city-owned Festival Lands
under an agreement at its meeting on November 5, 2008, jointly developed by
representatives of the City and Parks, and
WHEREAS, the Board has been briefed by the Mayor and City Attorney on the terms of
the agreement, most recently at the Board’s meeting on November 5, 2008, which sets
terms under which Parks undertakes the operation and maintenance of a particularly
portion of lands formerly part of the Ithaca Municipal Airport for a period of twenty-five
(25) years, now therefore be it
RESOLVED, That the Board of Public Works believes that it is “Involved Agency” in this
action due to the duties and obligations assigned to it under the City Charter and, in so
far as it may be an involved agency which supports the objectives of the management
agreement, the board accepts Common Council’s status as lead agency and supports
Council’s intent to proceed with the agreement based on its resolutions on November 5,
2008, and be it further
RESOLVED, That the Board generally agrees with and supports the terms and
conditions of the proposed agreement with State Parks as a manner of resolving a
number of outstanding issues between the City and certain State agencies as well as
providing a local dog park through a state agency to meet the needs of the larger
community.
Discussion followed regarding what water and sewer services are provided, the costs,
and other information included in the agreement.
A Vote on the Resolution resulted as follows:
Carried Unanimously
Black Diamond Trail – Information and Discussion
This item was not discussed.
ADMINISTRATION AND COMMUNICATIONS:
Power to Act – Service Rates for 2009 – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board of Public Works grants themselves the Power to Act at the
November 19 and December 3, 2008, Committee of the Whole Meetings to consider
changes to the 2009 water, sewer, parking, and trash disposal service rates and any
other rates it deems necessary.
Carried Unanimously
ADJOURNMENT
On a motion the meeting adjourned at 6:45 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor