City Council

MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE SCHENECTADY CITY COUNCIL – FEBRUARY 27TH, 2012 The meeting was called to order by Council President Denise K. Brucker at 7:00 P.M. in Room 209, City Council Chambers at City Hall. Ms. Brucker called upon Rev. Emanuel Adams, New Bethel Church of God in Christ, to deliver the Invocation. Ms. Brucker called upon John Polimeni to lead the Pledge of Allegiance. The City Clerk called the roll and the following members of the City Council answered to being present: Present – Councilmember Leesa Perazzo, Carl Erikson, Margaret C. King Vincent Riggi, Barbara Blanchard and Denise K. Brucker Absent – None Also Present – Mayor Pro-tem William Winkler, City Clerk Eileen M. Versaci and Corporation Counsel John R. Polster, Esq. PUBLIC HEARINGS 1. Regarding a Local Law Proposed Changes to Article VI of the City Charter To Conform Collection of Unpaid Taxes with Applicable New York State Law. Ms. Brucker invited all who wished to speak on Public Hearing #1 to come forward (7:15 P.M.). Seeing no speakers Ms. Brucker closed this Public Hearing (7:16 P.M.). COMMUNICATIONS: Official: From the Mayor, list of appointments (2/27/12) General: Received three (3) thank you letters from the following Veterans Organizations for receipt of rental checks. Jewish War Veterans Post #106 Schenectady Veterans – WWII- Korea & Viet Nam Chapter 7 of the American Gold Star Mothers City Council Meeting February 27, 2012 Page 2 of 9 Bellevue Preservation Inc., is announcing their monthly meeting to be held on Thursday, March 8th at 7 pm at St. Paul’s Episcopal Church Parish Hall, 1911 Fairview Avenue. Members of the Schenectady Community Land Trust will speak. The public is invited. Petitions: One petition requesting safe crossing cycles at the Corners of Erie Boulevard with Liberty and Union Streets. COMMITTEE REPORTS: Ms. Perazzo - Discussed in Government Operation, received concerns from residents living near the sewer treatment plant, about a way that they could get in touch with the city and the powers that be at the treatment plant, Mr. LaFond is producing a flyer with all the telephone numbers and names of contact people. All the numbers at the plant will remain the same and he is putting his cell-phone number on the flyer. The flyer should be going out in a week to 10 days. Also, discussed in Committee was the addition of the National Grid Outage of Lighting Report to be put on our Website. Thank you. Mr. Erikson - I just wanted to make note that the last time we were here in this room there was a discussion about minority contractors and opportunities for people to bid. I wanted it to be known that the City is putting out to bid, in compliance sound proofing of police interview rooms. They can get applications to bid at City Hall here and bids will be opened March 8th. I urge minority contractors, majority contractors big or small to please participate in the bid. At this point in the meeting, Ms. Brucker asked if there were no objections, she would like to take Agenda Item #14 and #15 out of order. There were no objections. Resolution No. 2012 - 23 Adopted Unanimously Mr. Riggi invited Members of the Committee for the Hindu Spring Festival to come inside the rail to accept a resolution proclaiming March 11th, 2011 as Phagwah/Holi. The Priest of the Schenectady Hindu Temple thanked the City Council and the Mayor for the honor of this resolution. Resolution No. 2012 - 24 Adopted Unanimously Ms. Perazzo invited all the graduates of YouthBuild, and any members of YouthBuild to come inside the rail to accept a resolution honoring YouthBuild Schenectady. Northeast Parent & Child wants to thank the Council for their support in helping us grow and helping us work on our community service projects. City Council Meeting February 27, 2012 Page 3 of 9 PRIVILEGE OF THE FLOOR: (LEGISLATIVE ITEMS) Jason Planck - Schenectady, NY - On item No. 6, it is not the right of the City to reimburse the County Taxes for 2011, this Resolution is out of Order because last year the State approved a 2% property tax cap and what is happening in effect is that this resolution is putting One point two Million Dollars of the budget out of balance. You’re budgeting this money to the County without any assets. When you asked why you had to go into Executive Session, your answer was you had to cut somewhere in the budget. So if you didn't cut into the budget you could not go into "Executive Session". Now a week later you are saying you don't need to cut the budget so therefore you didn't need to go into Executive Session. Also, last year you didn't put into the budget that you owe the School District over Four and half Million Dollars of unpaid taxes, where is that going to come from? Tonight's Resolution is out of Order and is not in compliance with the Charter. Plummer Bradley - 10 Yale Street, Schenectady, NY - Good evening, I am a Committee person in the Central State Street area, district 22, and I am here for two reason, one is to show my support for Marion Porterfield, to become a City Councilmember and second to voice my concerns about the vacancy in the City Council seat and the process by which this body is filling this vacancy. I understand from an article in the Times Union, that states that there is a Resolution to appoint someone to the City Council, without having a quorum of the City Council members voting as is required by the City Charter, as a result such a vote would be illegal. Thank you for your time. Tony Buonome - Bellevue - On Resolution No. 5, are these cars for the Police Department, the $12,000, is that for each one of them or all of them, from what I understand each car has to have certain qualifications to be a police vehicle, I think they would run more than $12,000. Now Resolution No.3, these people do not come down here the rest of the year, I attend most of the meetings; they are not down here to see what they can do for the City. This whole thing is getting ridiculous; if you don't want at large representation go back to the old districts or wards. Thank you. P.D. Voorhis - Schenectady, NY - I am surprised to see this making whole business, I thought that was done at least two years ago, but I am very glad to see that the Ethics are being looked into. Mary McClaine - Schenectady, NY – With all due respect to the designated appointee to a council seat he is a nice man. But what council is about to do tonight is asking to thumb their noses at every one who voted on Election Day. The very same people who put the members of this body in those seats, the same people who said, “we want you.” A candidate can win an elective office by one vote – it’s a solid win. Conversely, when someone loses by 39 votes it’s a big deal. He lost. The appointee feels that Council needs his financial expertise. The voters felt otherwise. They elected a mechanic and a restaurateur to a Council seat. That is who they liked. That is who they wanted. The voters have spoken. Council has several options regarding the empty seat. 1. Leave it vacant and let the two front runners fight it out in a primary. They are young and have City Council Meeting February 27, 2012 Page 4 of 9 time on their side. It is not unusual for someone to run for office more than once. John Glenn ran three times before he was elected to the U.S. Senate. 2. Council has no obligation to fulfill anyone’s promise unless a council member; also, candidate was part of the process. The Democratic Executive Committee is comprised of elected officials. If those officials/ also candidates made the promise along with the other members of the committee ten there has been a breach. Who took part in the promise? The court needs to summon the individual and find the truth. The law is very specific. While running for office a candidate cannot make promises to anyone for jobs or other perks. 3. Council can appoint a comprise candidate until the next election which is 9 months away. On a final note, citizens must never lose sight of why the city finds itself in this situation. The mayor kept four positions for himself. Once again, the voters were disenfranchised. Seeing no other speakers to come before the City Council, Ms. Brucker declared the Privilege of the Floor on the Legislative Agenda closed. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES & RESOLUTION: Consent Agenda - Ordinance No. 2012-02 Adopted Unanimously Resolution No. 2012-25 Adopted Unanimously Resolution No. 2012-27 Adopted Unanimously Resolution No. 2012-28 Adopted Unanimously Resolution No. 2012-29 Adopted Unanimously Resolution No. 2012-30 Adopted Unanimously Resolution No. 2012-31 Adopted Unanimously Resolution No. 2012-32 Adopted Unanimously Resolution No. 2012-33 Adopted Unanimously Resolution No. 2012-34 Adopted Unanimously Resolution No. 2012-35 Adopted Unanimously Resolution No. 2012-36 Adopted Unanimously Resolution No. 2012-37 Adopted Unanimously Resolution No. 2012-38 Adopted Unanimously Original Consideration - Resolution No. 2012-26 3 Voting - Failed Mootooveren Perazzo, Erikson, Brucker 3 Voting Porterfield King, Riggi, Blanchard City Council Meeting February 27, 2012 Page 5 of 9 PRIVILEGE OF THE FLOOR: (CITY BUSINESS) Ms. Brucker invited all who wished to address the City Council on any matter of city business to come forward. The following speakers rose to be heard and their remarks are summarized: Bobby Willis - 30 Jay Street - Schenectady, NY - I am also a member of NYCC, I want to thank Mr. Erikson on the update on the Construction aspect, two weeks ago I came with other members of NYCC Minority Contractors and spoke to you about the need to improve employment situations. We are here again tonight speaking out for the City of Schenectady to balance the playing field for all residents. The City work force has a great need for improvement; we need to set goals on the hiring of people of color for City Jobs. We as minority contractors are asking the City to go over and above the standard legal goals. Also, the City should look into whether Metroplex is following all legal channels and if not the City should voice some concerns, and not sit by and not let Metroplex be accountable to the residents of Schenectady, Thank you. Jason Planck - Schenectady, NY - We just saw an example of how the City operates, the Corporation Council gave an opinion and the Council President did the opposite from the City Attorney's legal opinion. Thanks Vince for being independent. This shows how this Council violates State and Federal Laws especially in Affirmative Action, we have no Affirmative Action and we need to start addressing issues about providing jobs. Thank you. Harry Brand - 2108 Van Rensselaer Avenue - Thank goodness for these editorials in the Gazette, because the City Council doesn't address very much of what is going on in the City. According to this editorial there were 98 auto accidents last year, a City like Albany a possible 12. I wonder what action the City Council and the Mayor are going to take seeing that the Insurance is going to raise our rates by one point five million dollars; you come to an agreement that the Insurance Company is going to give them training. What action do you take with these people that are involved in accidents? You are going to have to watch these employees like you never did before, do you give a warning notice are a discharge without pay. You are going to have to do better for the taxpayers of this City. If a City employee does not want to live in the City they should be out, we would have all the crack houses and people running the streets with guns. Thank you. Robert Ramonowski - 840 Union Street – Good Evening Mayor McCarthy, Madam Chair and City Council members. My name is Robert Ramonowski and I live in the City of Schenectady. I come tonight to speak about the Woodlawn preserve. I have been birding since the age of 13 and since that time, I have been on hundreds of field trips with several of my birding organizations. Out of all of these trips, the pine bush is one of my favorite sports due to its uniqueness. The pine bush was formed after the last ice age with the receding of the Glazial Lake Waters, leaving the sandy deposits that allowed for Pine Barrens and grasslands. This area is one of the largest of the 20 inland Pine Barrens in the world and is home to the federally endangered karner blue butterfly. Karner blue caterpillars feed only on the leaves of the wild lupine plant. The adults feed on the nectar City Council Meeting February 27, 2012 Page 6 of 9 of these plants. The pine and oak savannas and barrens allow for such vegetation. This area is also home to other unique flora and fauna. I was very excited to hear that the pine bush extended into Schenectady~called the Woodlawn Preserve. However, I was shocked to see the deteriorated condition of this preserve. So, I was glad to hear that the City Council is adopting a management plan in the rehabilitation of the woodland Preserve; and the large number of volunteers who are attempting to bring the area back to its former habitat. I hope that the City can find grants that will fund the rehabilitation of this area; and legally designate it as a preserve never to be sold for private development. With everyone working together on this project, Schenectady can claim the Woodlawn Preserve as one of the few, unique, preserves in all of the United States that will be a draw from around the capital district. Thank you. Flora Ramonowski - 1326 4th Avenue - The last time I made a presentation to the Council to talk about the lack of attention to Mt. Pleasant and at the end of that session Ms. Brucker said that she welcomed suggestions and/or solution to these situations in Schenectady. I do not mean to offend anybody, but I make these suggestions as reminders, it would be nice if groups of people on each and every street came together to deal with problems on their street, for instance on 4th Avenue between Congress Street and Crane Street a group of us are working to have the street paved and new sidewalks, we had an Albatross of a building and that was taken down, we are working with City Official. All I am saying is that if on each street and handful of people got together we would have some civility. Kevin Chaires - 518 Paige Street - I live on Hamilton Hill, I have spoken to Council Member Riggi about the houses in Hamilton Hill, and the garbage is getting out of hand. I asked Mr. Riggi to look at the problem and I saw him drive by, and that made me feel good seeing Mr. Riggi up there. I don't see any other Councilperson up there. We have problems up there, Ms. Brucker you told me to talk to Carl Olsen; he doesn't want to talk to me. Please give us a change to clean up the neighborhood with some help from the City. Thank you. Tony Buonome - Bellevue - I just want to let the Veterans know that the first of March is this Thursday, so if you have not signed up for your Veteran's Exemption, so please get down to City Hall, it took three years to get it so lets get down here and sign up for it. Also, about this Erie Blvd., crossing lights, I do feel for these people, but they cross against the lights. I understand that the lights have to be changed, but people have to obey the lights. Thank you. Raishon Artis - Marshall Avenue - I am a City Contractor, I am here on minority bidding, the contracts of there, but the contractors are not following the rules and hiring minority. On all the Bids out of City Hall there is supposed to be minority participation and before you vote on a contract you have to ask if this bidder has full filled his minority participation. Thank you. Joy Hall - Schenectady, NY - It is very true what some people have said tonight, people are crossing against the lights. Some of these lights have to be changed; seniors can't get across the street and can't make it. City Council Meeting February 27, 2012 Page 7 of 9 Larrie Robinson - Schenectady, NY - I have to tell you that the streets of Schenectady are trashy everywhere you go it is a pile of trash, it’s disgusting, and you want people from outside the community to come live in Schenectady? Clean it up. Thank you. Gene Gierka - Mt. Pleasant - I moved back to Schenectady about 10 years ago and brought my dilapidated bungalow up by to a presentable appearance, I would like to see some of the boarded up homes made presentable. I would like to recommend to you a Mr. Halfex, who has an illustrious career in real estate and finance and he would like to volunteer for the empty Council Seat. Some of his accomplishments are: He is an Insurance Broker and a Real Estate person and he has a college education from New York City where he went to St. John's University where he received a Bachelor and Master Degrees in Computer Science and Mathematics. I think the man would bring tremendous amount of intelligence to the Council and this is a man I would like to see in the Council Seat. Thank You. Miriam Cajuste - Affirmative Action - I am here to make several announcements, I am the Affirmative Action Officer for the County and City of Schenectady. The City of Schenectady is looking for a Line Worker, someone with electrical experience; the Mayor would like to limit this to City Residents. Has to be filed by February 29th and applicants have the option to filing in my office or bring it downstairs to the human recourse office. There are other jobs offers please check with the Human Resource Office in Room 105, City Hall. Seeing no other speakers to come before the Council Ms. Brucker closed the Privilege of Floor on City Business at 8:30 P.M. MICELLANEOUS: Mr. Erikson - First topic I want to talk about is the appointment. There was a lot of comment from people that came to the rail on the process and the advise of the Corporation Counsel, there are different things going on here, the discussion we had, about changing the format here was a piece of the law that we got from the second cities law, I think it is important for the people to understand and it read " all the appointments made by the Common Council shall be determined by a vote taken by a Roll Call of its members and a statement of the choice of each member or the Nays and Ayes, if any, shall be entered in their journal" and that is the statement and why we changed the format in which we went around and everyone had to say publicly who they endorsed. Weather three is a majority, four is a majority, whatever number is a majority that is a different aside from this discussion, and this is to allow the people out there to know who each of us are for any and to give all of us an opportunity to speak. In regards to the tie for the Council, some people might cauterize this as the worst thing that could happen. There are two people that each got three votes and they are two people that care about this community, they are on the edge of their seats waiting every day for something to happen, and they have been working hard to obtain this position. I view this as a good thing, this way they can not say it is political, its rubber stamping, its behind closed City Council Meeting February 27, 2012 Page 8 of 9 doors, we have just gone around this table and discussed who we wanted and so it is a tie. I don't think you can accuse us of it being rigged, if it is a tie, you can't accuse us of playing games if it is a tie and these two people are probably closing matched there is not a run away candidate, these are two people that care about the City and two people who are really working hard to make a difference and for that I think this is a good thing. For the people of Schenectady, yes they do not have a seventh Council member they should be comfortable with the fact that the six members of this Council are thinking long and hard on decisions that are being made. Also, people brought up about police cars, these are under cover cars, and right now they use cars from drug bust. We are having our guys rent cars so that people don't know they are under cover. The car accident, when I heard it I was outrageous, what we have determined is that there is not a clear policy and how the Mayor or any Mayor in the past had to deal with it. So what we are looking at is trying to implement a policy that covers automobile usage. Nothing is documented at this point and that needs to be done. Ms. Perazzo - First of all I would like to give my thanks to the Fire Department who were nice enough to host me for a number of hours and I did go to Fire Station Three and yes I did go into the kitchen of Fire Station Three and it is my understanding that the roof is being repaired and we do take the safety of our fire fighter very seriously. We are all elected to serve at large and I take that very seriously, I have actually in the past several weeks been to Hamilton Hill a number of times. First of all, I sit on the board of Quest, which serves a very disenfranchised population, and at my suggestion, me and Councilmember Riggi, we are starting a public forum request to listen to the concerns of the Residents of Hamilton Hill from the youngest members and to their parents and last week we attended a NAACP Meeting. I attended a service at Bethel AMH Church, which I was invited to, and Sunday I went to COCO House, they give assistance to youth on a very small budget. As I said I take that I serve in the City as a whole very very seriously. I am focusing on the Hamilton Hill Neighborhood because it was stated that we are not seen there. Also, I don't know if you are aware of this but in Forbes Magazine Albany - Schenectady was rated number four in an area to locate jobs. Thank you. Mr. Riggi - What Councilmember Perazzo says is correct we do serve the City at large, all of us and it may be seem ideal for everyone, the only thing you can do about that is another Charter change and go back to the Alderman system, like what used to have in Schenectady, that would be up to the voters, I don't know if that is a good idea, that opens another can of worms. I represent the entire City, I want to have the trash cleaned off our street along with the graffiti, this has to be dealt with, and if we want to sell the City we have to have a clean City. Another thing that was brought to my attention was they are selling drugs on Schenectady Street and people bring chairs out and heater so they can be comfortable, something has to be done about that. Lastly, about the appointment, I made a promise to both candidates, I wanted a level playing field, being appointed to this seat is a huge leg up for when you run, and I promised that I would not give anyone an advantage. I gave my vote to Marion to keep the playing field level. I think at this point, to leave the seat vacate and let the voter decide and the day after the election appoint whoever is the winner. City Council Meeting February 27, 2012 Page 9 of 9 President Brucker - It was a very interesting night tonight, I think that the fact that we had a tie is not necessarily a bad thing, we had two excellent candidates, and both candidates knew that there was a possibility of a tie happening and that's what happened and so be it. You may not agree with me, but we found this late in the day a way to put this to a vote, I want to really emphasize that this is a Council Appointment and that the Council has the final say in making this appointment. This is not a Resolution and this is not a motion and many times when we had appointments, is it political? You bet it is. We tried to do something different, we interviewed other individuals and I would say whether or not they got their names mentioned tonight and that is what we want we want to see participation and we what all of you to participate and thank you very much for being here tonight. Also, I would like to thank Mrs. Ramonowski for talking about what she does in her neighborhood. If you see a piece of garbage that got left behind, pick it up, we all need to be responsible for the garbage on our street weather it is ours or not because if you walk by it your almost as bad as the person that threw it off the porch. The Charter Review Committee is something that really should be looked at. The Tax Exempt Status, I can not stress how important it is that you file and all the problems that have happened because someone have failed to file have taxes and penalties that have piled up on these organizations. Thank you all for coming tonight and now I ask for adjournment. ADJOURNMENT: Seeing no further business to come before the City Council Ms. Brucker declared the meeting adjourned at 8:52 p.m. A TRUE RECORD BY EILEEN M. VERSACI CITY CLERK