City Council

MINUTES OF THE REGULARLY SCHEDULED MEETNG OF THE SCHENECTADY CITY COUNCIL – APRIL 9TH, 2012 The meeting was called to order by Council President Denise K. Brucker at 7:05 in Room 209 City Council Chambers at City Hall. Ms. Brucker called upon Rev. David Hesie of the Stanford Methodist Church, to deliver the Invocation. Ms Brucker called upon Marion Porterfield to lead the Pledge of Allegiance. At this point, Ms. Brucker asked if there were no objections, she would like to take Agenda Item # 14 out of order. There were no objections. Resolution No. 2012-59 Adopted Unanimously Ms. Perazzo invited Chuck Steiner, John Yagielski and Marion Porterfield to come inside the rail to accept a resolution joining the Chamber of Schenectady in presenting its “Good News” Awards to area Businesses, and in Commending Interim Schenectady School Superintendent John Yagielski for his Service. Mr. Steiner thanked the Mayor and the City Council for this resolution. PUBLIC HEARINGS: 1. Proposed 2012 Consolidated Plan. Ms. Brucker invited all who wished to speak on Public Hearing #1 to come forward (7:30 P.M.). The following speakers rose to be heard and their remarks are summarized: Jason Planck - Schenectady, NY – Hon. City Council and Mayor McCarthy, I have said for the last 9 years that the City needs to have an affirmative action plan for person with disability and minorities that live in the City. The Mayor and his staff have not appropriate the C.D.B.G. monies to assure that person with disabilities have a meaning full access to all programs, activities, and services of said grant. For last 5 years the City and County have had a contract to handle the affirmative action services for which has not live up to the contract requirements and have failed to assure equal access to these grants. The City still has not done an economic disparity study to helps assure to access to jobs and to the grants. The City still has not done an economic disparity study to help assure to access to jobs and to the grants. The City still has not done affordable and accessible plan for access to homes or rentals units in the City, nor implement procedures designed to fulfill the 1999 Supreme Court Olmstead Decision, to maximize community integration of persons with disabilities. The City of Schenectady person with disability are living in poverty 4 times hiring the non-disability and City Council Meeting April 9, 2012 Page 2 of 9 the state rate is only 3 times. With the New York State unemployment rate sits at 70% is too high with Schenectady County being the worst county in the state. Furthermore not having a plan to help person with disability to live in the community of their choice is poor planning and misappropriate said grant. The City of Schenectady still has not complied with the 5 year plan that was adopted in 2010 or had not move on the goals to help with jobs. In conclusion: the affirmative action contract needs to be review and the goals must be met and not allowed to be overlook to point of just attend meeting after meeting and getting nothing done. Penny Holmes - Hamilton Hill Executive Director - The Hamilton Hill Art Center is a varied program that offers education, arts, opportunity and beauty to people in the community of all ages. This program has a lasting impact on children, especially those at risk. With these hard financial times I wish to ask you to re-instate as much money as possible to this program. I thank you and I hope you will consider that. Lorena Miller - 959 State Street - Schenectady, NY 12307 - I am director of minority contractors, technical assistance, if we do not secure CDBG Funding for 2013 the program will close by May of next year. I want to point out that McTap is not an employment agency we are a technical assistance program that serves the minority in the construction field. Sharon Carter - 4 Cucumber Alley - Schenectady, NY 12305 - I am employed by the Inner City Ministry and I serve on the Board of Directors of the Hamilton Hill Arts Center, both these organization address the needs of our most vulnerable citizens. We appreciate the support that this fund has given SCIM the summer lunch program, we served almost 35,000 lunches. SCIM is disappointed that the Damien Center is not recommended. The recommended funding is a drop from last year and I would like to recommend that you reconsider funding at the rate of this year. Thank you. Dot Valachovic - 204 Schermerhorn Street - Schenectady, NY 12304 - I come to you as President of the Board of Directors of the YWCA of Schenectady. On behalf of the YWCA, we thank you for your past support of the YWCA thought the CDBG funding cycles. We ask you to please fill the request for the Front Street Pool. The Front Street Pool provides recreational options for the citizens of Schenectady. Participation in this program helps keep the youth of the City off the streets. We need all programs to be funded and we are asking the City to continue funding the Front Street Pool. Thank you. Seeing no other speakers to come before the City Council, Ms. Brucker declared the Public Hearing closed (7:50 P.M.) APPROVAL OF MINUTES: City Council Meeting April 9, 2012 Page 3 of 9 Councilmember Perazzo moved that the minutes of the City Council Meeting of March 26th, 2012 be approved as submitted by the City Clerk. It was seconded by Mr. Riggi. Hearing no objections Ms. Brucker declared the minutes approved as submitted. COMMUNICATIONS: Official: From the Mayor, a list of appointment dated April 9, 2012 From the Commissioner of General Services, a letter recommending the award of “Furnishing manhole frame sand covers and catch basin frames and grates for 2012,” to E. J. USA, Inc. in the amount of $71,492.30. From the Commissioner of General Services, a letter recommending the award of “P.I.N. 1757.16 Erie Boulevard reconstruction: I-890 to Union Street.” To Reifenburg Construction, Inc. of Troy, NY, in the amount of $10,009,000. General: From Bellevue Preservation Inc., an email announcing the Monthly meeting on Thursday April 12th 7pm at St. Paul’s Episcopal Church Hall, 1911 Fairview Avenue. Applications for residents who wish to participate in the Bellevue Community Wide Garage Sale June 2nd are available at the meeting or call Diane at 370-3236. Tickets are available for Bucky’s Chicken BBQ June 9th. From Hamilton Hill Neighborhood Association, an email announcing an open conversation with Corporation Counsel John Polster and Police Chief Chaires about quality of life issues in Hamilton Hill on Thursday April 12 at 6:30 p.m. at the Schenectady County Business Center at 920 Albany Street. Petitions: None COMMITTEE REPORTS: Councilmember Perazzo - I just want to remind everyone that New York State Law does prohibit open burning until May 15th and ever after May 15th as we will pass this evening that it is illegal to have an open fire on your property, which means no camp fires and no bonfires. Fires in gas and charcoal grills that have received certification are allowed, but please do not use your grill on a porch. No open burning in the City. Thank you. City Council Meeting April 9, 2012 Page 4 of 9 Seeing no others for Committee Reports Ms. Brucker declared that portion of the meeting closed (7:55 P.M.) PRIVILEGE OF THE FLOOR: (LEGISLATIVE ITEMS) Ms. Brucker invited all who wish to address the City Council on any item of the Legislative Agenda to come forward. The following speakers rose to be heard and their remarks are summarized: Robert Sanders - Halsey Place - Schenectady, NY - I want to speak about the appointment of Marion Porterfield, the Gazette had printed that there was going to be an open primary, most of us here are Democrats, except of course Mr. Riggi. If it were an open primary this seat would not be filled until after the election. The Executive Committee promised Marion Porterfield this seat that is against the Democrat Committee by-laws. When John Mootooveren was still involved it was going to be open primary, now that John has stepped down the Democrat Committee is not having a open primary and I do not think that is fair, so I'm saying to the City of Schenectady it is in your hands, to find out who is the right person either myself or Marion Porterfield to sit in that seat. Jason Planck - Schenectady, NY - Councilmember Erikson has a good issue on the Bond, all you have to do is make part "B" that it is monitory to pay it back, you would not have to touch part “A” of the Bond. It should be in there, it should mandate that when the money is paid to the City it pays off the bond. You need to dictate exactly what the assignment is supposed to be and you are supposed to tell the Executive Branch exactly how to issue those finances. It sounds like a simply things to add a part "B" to mandate that the Bond be paid off as soon as the money from the State of Federal Government comes in. Thank you. P.D. Voorhis, Schenectady, NY - I'm going to make a issue of this, but I would like to know who promised this Council Seat, and was it promised before or after the election, I really don't know much about Ms. Porterfield and I never did see a Resume on her. I don't know anything beyond who she is. Mary McClaine - Schenectady, NY – A long time ago, I visited an ecologically fragile sanctuary that was open to the public. The tour guide told the visitors “only take pictures and only leave footprints”. I doubt that will happen if the city negotiates and executes an easement with the Nature Conservancy for access through the Woodlawn Preserve. Why is the access needed? What will people do when they get in there? How will it get done? What kind of equipment would be necessary? How small will the equipment be? Etc, etc. So many unanswered questions! At the present time someone is dumping debris looks like chopped up pieces of asphalt. It is not natural vegetation. Every time I go there, the pile is higher which leads me to believe the material is dumped in increments. Such a situation could also happen if the city executes & negotiates an easement through the Woodlawn Preserve. Heavy equipment isn’t needed to cause damage. A City Council Meeting April 9, 2012 Page 5 of 9 couple of wheelbarrows filled with someone’s unwanted materials could very easily be unlocked there. Even a child’s wagon can be moved over the irregular terrain. In conclusion, an easement through this fragile area should not be granted it is asking for trouble. Regarding the appointment of Marion Porterfield to serve on City Council, so much for transparency so much for an open process! The result was the same. We went from a need for someone with a financial background to what? Eight people submitted a resume to City Council. Seven people interviewed for the position. What was said by council members and the general public was we have two good candidates”. That must make the other 5 who interviewed really feel good. I object to this appointment based on a flawed process, a flawed selection and a flawed outcome. If the appointee chooses to take the medical coverage option, it will also cost the city more money to have her that seat. Seeing no other speakers to come before the City Council, Ms. Brucker declared the Privilege of the Floor on the Legislative Agenda closed. (8:15 P.M.) INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCE & RESOLUTION: Consent Agenda: Ordinance No. 2012-05 Adopted Unanimously Resolution No. 2012-60 Adopted Unanimously Resolution No. 2012-61 Adopted Unanimously Resolution No. 2012-62 Adopted Unanimously Resolution No. 2012-63 Adopted Unanimously Resolution No. 2012-64 Adopted Unanimously Resolution No. 2012-65 Adopted Unanimously Resolution No. 2012-66 Adopted Unanimously Resolution No. 2012-67 Adopted Unanimously Resolution No. 2012-68 Adopted Unanimously Resolution No. 2012-69 Adopted Unanimously Resolution No. 2012-70 Adopted Unanimously Resolution No. 2012-71 Adopted Unanimously Resolution No. CS-2012-04 Adopted Unanimously Resolution No. CS-2012-05 Adopted Unanimously PRIVILEGE OF THE FLOOR: (CITY BUSINESS) Ms. Brucker invited all who wished to address the City Council on any item of City Business to come forward. The following speakers rose to be heard and their remarks are summarized: Jason Planck - Schenectady, NY - We still need a Disparity Study, if you put aside $14,000 over a three year period you would have the money to do a City Council Meeting April 9, 2012 Page 6 of 9 disparity. There is none set asides for minorities or women in the Code of the City, this must be looked at. This Code was updated in July of 2008 and we did not have an Affirmative Action Officer, because of retirement. Also, last week we talked about the Ethics Policy, the procedures and policies in the City are old. We need to call for Public Hearing on these and we need self evaluations. Joy Hall - Schenectady, NY - I have one big issue and that is Safety, you should put up lights on Broadway and a Walk Light on Millard Street, that problem has to be solved. Another thing, people are not to walk in the road on Broadway. Thank you. Ed Guider - Schenectady Stand Up Guys - Delfina Romana, I expressed a fear the last time I spoke, that her vicious, sadistic murder would soon be forgotten, her case would be bureaucratized the answer to these questions depend upon two things, your leadership and your oversight of both the Council and the Mayor. Your oversight is so critical because the Police Department and the DA's Office failed. The sheer volume of domestic violence, 400 to 500 calls per month, Schenectady needs robust, dynamic bold action on the part of the Mayor and on the part of the City Council. Now the Police Department and the DA's office have announced that they are making some policy changes and there polices is being revised and we wait to see what these things are. Over site on domestic violence takes planning on the part of the City Council and it takes the follow though and please do not forget Delfina Romana. Thank you. Wil Bernacet - 844 Bradt Street, Schenectady, NY - I was elected President of Schenectady Babe-Ruth Baseball League in November, 2011. I am here to address statements that were made at the March 26th City Council Meeting. For the record the Board of Directors of the Schenectady Baseball League did not encourage or endorse anyone to speak on our behalf, while statements made at last months meetings were heartfelt, but contained some misinformation in a negative light. Contrary to what was reported our field and facility are in good shape we have fully operational bathrooms, with hot water and our structures are stable and secure. We recently rebuilt our infield and batting cage and there is fresh paint all over the facility. While there is definitely improvements to be made this complex is no more dangerous than any baseball field in America. We have received some generous support from the community and our volunteers since the last Council Meeting, we do need more help, and we are in desperate need of corporate sponsors. We do appreciate what the City of Schenectady has done for this organization in the past and hopefully in the future. Opening day is scheduled for this weekend April 14th, and we would like you to join us. Thank you. Marva Isaacs - Schenectady, NY - I am here tonight to thank Carl Olsen, who always comes to my aid wherever I call him. I called him and told him there was garbage out there for one week and he came at 9:00 o'clock and took it away. When people do things like this it needs to be recognized. City Council Meeting April 9, 2012 Page 7 of 9 Robert Sanders - Halsey Drive - Schenectady, NY - Driving around the city, Hamilton Hill, Foster Avenue, Central State, these areas are in great need. There has to be a plan and there is no real plan on what we are going to do in these neighborhoods. The Council need to sit down and think of a way these areas can be fixed. These people pay taxes too. This city has got to get better under this Mayor. Harry Brand - 2158 Van Rensselaer Dr. - Schenectady, NY - I'm am very pleased that the work on the Fire House on Third Avenue is coming along and should be completed soon and looks real nice. I do understand there is a lot of other City property that is not in great shape and that needs to be looked into. I believe that our City Council should inspect these properties on a regular basis, at least two or three times a year. Now our Mayor shortly after he was elected changed the running of our sewage plant to be run by the City and by doing this we are going to save a Million Dollars, wonderful, and I sure hope we do, is that going to be put into an escrow account, its be three months that it has been run by City employees, or are we going to wait until the end of the year, then tell us there was no money saved. You need to look into these things and keep on top of it. Mary McClaine - Schenectady, NY - Tonight I have a request to make of City Council. Please tell the camera men not to introduce other images on the TV screen when members of the public are at this podium. If council feels a need to dispense information through open Stage Media please do it during miscellaneous business. There is no reason to disrupt a speaker’s presentation during privilege of the floor. Council members have allotted 3 minutes for their constituents to speak on some very serious city problems. Two messages taking place at the same time is an encroachment on those three minutes. By the camera man’s standard, the city’s message takes precedence over the speaker’s comments. For instance, at the last council meeting, the garbage collection schedule was placed at the front of the screen. The speaker was shown standing in the background. Council’s insistence to show the neighborhoods weekly garbage collection schedule on the TV screen is not necessary. People can look out the front door to see what their neighbors have done. That’s what they did before open stage media since it was council’s decision to introduce other kings of images on the TV screen during city council meetings. Please do it during miscellaneous business and not on the general public’s time. Thank you. Seeing no other speakers to come before the City Council, Ms. Brucker declared the Privilege of the Floor on City Business closed (8:45 pm) MISCELLANEOUS: Ms. Perazzo - I just want to make everyone aware that there is a State Wide Career Fair on Thursday, on April 12th, from 12:30 to 4:00. The Albany portion of that event is at the Empire Plaza and people are encouraged to pre register at drking.careefair.labor.ny.gov. I do want to talk a little bit about the domestic City Council Meeting April 9, 2012 Page 8 of 9 violence task force. Regarding the proposed changes that are being made by the DA's Office on the task force, I was going to give a preliminary update but we were asked to wait until changes are complete. It is being review by DA Carney very carefully. Ms. King - I want to congratulate Marion on her appointment, I also want to mention that the Chamber is going to be holding a re-cycling day and this is for Chamber members and their employees and it will be held April 18th from 9:00 in the morning until 7:00 at night, they will be taking light bulbs that contain mercury and other hazardous materials. Mr. Riggi - I would like to congratulate Marion, it is nice to see someone sitting across from me. Last week we had code sweeps up in Bellevue and they were very successful and did a good job. We had squatters across the street from my house, they were put out immediately and the house was boarded. I did get one complaint from a woman a block or so away from, she seems to have been treated a little heavy handedly and I will be looking into that. We want people to be treated with courtesy. In general the people in Bellevue were happy with the Code Sweeps. Thank you. Mr. Erikson - Just a couple of things, again about the bonding, just so everyone knows what this is for. It is a big chunk of money for some very important things that we have going on in the City. Paving the streets, I think people were very happy with the program last year, buying some equipment we need to maintain the streets, cameras in neighborhoods, people were very happy with that, maintaining City Hall, is something that has to be kept up. The last thing is Marion Porterfield, we have had a lot of discussion about this and it is by no means was a closed process, I welcome you to the Council, I think you will make a great addition. This was an open process, you can't over ride the people that go into a voting booth, and I think it is important that we have full representation at the end of the day. I think it is important to have someone working. You just don't show up once a week and vote, there is e-mails, phone calls and you will be busy I glad we have someone to share the workload with. Congratulations. Ms. Porterfield - First of all I thank you for this opportunity to serve my City and my Community, I am looking forward to that and I do thank my fellow Councilmembers for their support. Certainly, I know that you stand on principal and I have no problem with that whatsoever. I want to thank the community that supported me and I look forward to working with all the citizens of Schenectady and all the neighborhoods. I will have a lot more to say at my official swearing in, but I just want to take this opportunity to say thank you. Mayor McCarthy - First of all, Harry Brand brought up about the Million Dollars savings on the Sewage Plant, what was actually budgeted was about $450,000, the primary numbers for the first three months show about a savings of $180,000, so we are doing very well and with the energy cost savings we are City Council Meeting April 9, 2012 Page 9 of 9 doing much better than expected. Wanted to congratulate Union College and their Hockey Team, for a very impressive season, maybe we can get them here in two weeks and give them some recognition. Marion, I welcome you to the City Council and look forward to working with you and I know you will be a great addition. No matter what you do you will find someone to criticize you? I will work with you in any way I can and so will the community. Thank you. President Brucker - Welcome Marion and we appreciate your tenacity in a long, drawn out process. Know that you are welcomed and know that we are a team here and we work pretty well together as Mr. Erikson said we could have left the seat open and we recognized that we needed someone to work and willing to work and as you said not just for one section of the City but all sections of the City and that is why we have to work at it. Happy to have you here! ADJOURMENT: Seeing no further business to come before the City Council Ms. Brucker declared the meeting adjourned at 9:00 P.M. A TRUE COPY EILEEN M. VERSACI CITY CLERK