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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