City Council

MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE SCHENECTADY CITY COUNCIL August 27, 2012 The Meeting was called to order by the Council President Denise Brucker at 7:15 p.m. in Room 209, City Council Chambers at City Hall. Ms. Brucker called upon Reverend William Levering of The First Reformed Church to deliver the invocation. Ms. Brucker called upon Portia Alston to lead the Pledge of Allegiance. The City Clerk called the roll and the following members of the City Council answered to be present: Present – Council members Leesa Perazzo, Marion Porterfield, Carl Erikson, Margaret C. King, Vincent Riggi, Barbara Blanchard and Denise K. Brucker Absent – None Also Present –City Clerk Charles W. Thorne, Corporation Counsel John Polster and Mayor Gary R. McCarthy. PUBLIC HEARINGS: None APPROVAL OF MINUTES: Ms. Perazzo made a motion to approve the minutes of the August 13, 2012, as submitted by the Clerk. Ms. King seconded the motion. COMMUNICATIONS: Official: From the Mayor, a list of appointments dated August 27, 2012 General: None Petitions: COMMITTEE REPORTS: Finance: Mr. Erikson – Informed everyone that sales tax distribution negotiations with the County were continuing. Ms. King – (Read an email from Jason Cuthbert, City Budget Analyst regarding the not-for – profit statuses.) I hope this provides some clarification: Schenectady City Council Meeting Minutes Page 2 of 6 August 27, 2012 1. There are 16 NFPs on tonight’s resolution. Of these: a. Six are not involved with ATF and appear to have had their taxes corrected/adjusted/erased internally a few years ago. For these NFPs, the resolution tonight is just officially adopting the NYS legislation. These six NFPs are: Home Furnishings Program, Faith Deliverance Tabernacle, Calvary Orthodox Presbyterian Church, Ancient Order of Hibernians, Mount Olivet Missionary Baptist Church, and Tabernacle of New Hope. b. Three are not involved with ATF and paid the taxes when they were originally billed, probably just to stave off any future problems. These three NFPs are: Schenectady Day Nursery, Union Graduate College, and Planned Parenthood Mohawk Hudson. c. Two are not involved with ATF but are on our books as owing taxes to the City. These two NFPs are: State Street Presbyterian Church and Schenectady Light Opera Company. d. Five are involved with ATF and are subject to ATF foreclosure. These five NFPs are: Carver Community Center, Bethel AME Church, New Creation in Christ Ministries, Schenectady Civic Players, and the First Unitarian Society. 2. First Unitarian Society does have NYS legislation. However, the state adopted legislation that listed the wrong assessment roll years. As a result, the council can adopt the NYS legislation to exempt the taxes charged for 2009 but the Unitarians don’t have any NYS legislation to exempt the taxes charged in 2008. That’s why this NFP is included in tonight’s resolution and also listed under the “remaining issues” piece of the Tax Lien Overview. 3. CDTA was charged some disputed water bills from 2004-2008. The original liens total $1,696. There is no NYS legislation for CDTA and they are not part of tonight’s resolution. 4. AMTRAK was incorrectly assessed a DSIC charge in 2007. The original lien was $655. There is no NYS legislation for AMTRAK and they are not part of tonight’s resolution. 5. Duryee Memorial was correctly charged water/sewer fees in 2005 and 2006 which were never paid. The original liens totaled $711. There is no NYS legislation for Duryee and they are not part of tonight’s resolution. 6. Daughters of Sarah Nursing Home was correctly charged water/sewer fees which were never paid. The property is located at 1523 State St, is still owned by Daughters of Sarah, and now appears to house the Center for Disability Services. The original lien was $205 and dates to 2003. There is no NYS legislation for Daughters of Sarah and they are not part of tonight’s resolution. PRIVILEGE OF THE FLOOR (LEGISLATIVE ITEMS) Ms. Brucker invited all who wished to address the Legislative Agenda to come forward. Robert Sanders, Schenectady – Spoke in opposition to the smoking ban, saying that Council member Blanchard was inconsistent in her policies by favoring a smoking ban, but opposing a ban on outdoor fires. He also threatened to challenge the law by going to Central Park and smoking a cigar. Schenectady City Council Meeting Minutes Page 3 of 6 August 27, 2012 Lola Cole – Chair of Carver Community Center – Stated that Carver Community Center will be celebrating its 75th Anniversary and strongly urged the Council to pass the resolution reinstating the not-for profit-status. Pamela Dunbar, Schenectady – Bethel Church Trustee – Said she trusts that the city will do what’s right. (Not-for-profit statuses) Theresa Zubrersky, Troy – Capital District Tobacco Free Coalition – Stated that second- hand smoke is a class a carcinogen. Cigarette butt litter is highly toxic and dangerous to children and animals. Small children are at risk of swallowing, choking or burning themselves with discarded butts and suffering nicotine poisoning. When children see adults smoking in family- friendly places such as parks and playgrounds, they see smoking as acceptable. Every year in New York, nearly 36,000 children begin smoking. Every day an estimated 3,900 young people under the age of 19 try their first cigarette and one-third of these children will die prematurely from tobacco-related illness. Reverend Richard Parsons, Spoke in support of passing the not-for-profit exemption legislation. Holly Hawkes, First Unitarian Church – Stated that the Church received a notice of foreclosure and the passage of tonight’s resolution would only relieve part of the burden. She urged the City to resolve all of the outstanding liens. John Reschovksy, Board Secretary, First Unitarian Church- produced letters to State Senator Hugh Farley and Assemblyman James Tedisco, dated 2008, requesting legislation, stating that the needed request from the City never happened. He urged the City to do what it could and requested the Mayor and Council absolve all of the owed taxes. Guido Iovinella, Schenectady – said he echoed what Lola Cole, adding he understands the City has worked hard on this issue and urges passage of tonight’s resolution. Reverend Harold West, New Creation of Christ Church – Thanked the Council and Mayor for resolving the tax status. M. Segerman, Loudonville - Cited facts from the American Cancer Society relating to the affects of second-hand smoke. The Surgeon General reports there is “no safe level of exposure.” Portia Alston, Schenectady – Talked about how much the not-for-profits add to city and encouraged passage of the resolution reinstating the not-for-profit exemption. Ann Nobles, Schenectady – Attended Carver Community Center and stated if it is forced to close there will be nothing for the youth in Hamilton Hill. Marsha Mortimer, Schenectady – Stated Schenectady couldn’t afford to lose the churches and not for profits and suggested they educate the staff of the not-for-profits. 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 AND RESOLUTIONS: Schenectady City Council Meeting Minutes Page 4 of 6 August 27, 2012 Ms. King made a motion that Council approves the Consent Agenda and the motion was seconded by Mr. Riggi. Consent Agenda – Resolution No. 2012 – 170 Adopted Unanimously Resolution No. 2012 – 171 Adopted Unanimously Resolution No. 2012 – 172 Adopted Unanimously Resolution No. 2012 – 173 Adopted Unanimously Resolution No. 2012 – 174 Adopted Unanimously Ordinance No. 2012 – 10 (Roll Call Vote) Adopted 6:0 Voting AYE: Blanchard, Brucker, Erikson, King, Perazzo, Porterfield and Riggi Abstain: Riggi Ms. Perazzo – Understands both sides of the argument and commented how far we have come in banning outdoor smoking. Ms. Porterfield – Stated she was not concerned with enforcement, but expected, like many other laws of this type, people will do the right thing. Mr. Riggi – Abstained, stating his sisters had died from lung cancer and he was to emotionally involved with the issue. PRIVILEGE OF THE FLOOR: 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: Marva Isaacs, Schenectady – Stated Fred Lee should be removed from any City Board. Iris Williams, Schenectady – Expressed grave concerns regarding traffic safety on Hullet Street and speeding cars. She said that in the past there had been discussion regarding making the street one-way. Her home was crashed into over the weekend. Her porch was destroyed and the foundation cracked. She said it was the second time in two years the house was hit. Aaron Graham, Schenectady – Grew up in Steinmetz Homes, moved out of the City and has returned to live in his grandmother’s former home. The home is being foreclosed on and he would like the Mayor and the Council to work out terms that would allow him to retain the home and pay off the lien. Lorrie Robinson, Schenectady – Stated she needed a police report from an accident and it takes three days. She wanted to know why it takes so long and why she received attitude when she asked for the report. Mary McClaine, Schenectady – I was out of town for three weeks and came home to this, six cars being taken away from Police Chiefs. The cars must be sold, not taken away. And where are the other 29? The count I was given was that 35 city cars are driven by city employees. This is all about the unions. The Commissioner is management. The Police Chiefs are management. Why aren’t the cars being taken away from union members? Union members who don’t not live here. Union members who do not pay taxes here. Union members who are not your constituents Schenectady City Council Meeting Minutes Page 5 of 6 August 27, 2012 but eat from the City’s heavily laden banquet table while Schenectady’s taxpayers get the crumbs. Last month four Council members voted to spend $114,000 on a toy for union members. The job should have been outsourced. It would have saved money for the City but it was the unions who endorsed the Council members and now the unions own their souls. Instead of saving money Council plans to raise the fees for events held in the Rose Garden. The money will go into the General Fund and used for expenditures for more foolish expenditures. Volunteers want the money to maintain the Central Park Rose Garden. Volunteers also staff the Central Park Greenhouse. Council has not been forthcoming with money for either operation. Why should Council help the volunteers? Volunteers don’t make endorsements. Volunteers don’t pool their money to give to political campaigns. Volunteers don’t put people in office. They just work hard to beautify the city because it’s the right thing to do. Anything good happening in the City is done by others. The City budget is the Mayor’s and Council’s responsibility. So far, all have a failing grade. Start saving money. Sell those 35 cars now. This month. Move them out. Now- now – now. Holly Hawkes, First Unitarian Church – Thanked the Council for their action and urged them to work toward a solution for the outstanding liens. John Reschovksy, First Unitarian Church – Echoed Ms. Hawkes comments and thanked the Council. Harry Brand, Schenectady – Complimented the Council and the Mayor for reducing the City auto fleet and encouraged them to continue the reduction. He also stated he believes the County overbills the City for auto repair work. Savita Liladhar, Schenectady – stated that the City is not offering a payment plan in lieu of foreclosure. Ellie Pepper, BNI – Stated that 75 percent of the foreclosures are happening in the poorest neighborhoods. She offered her organization’s assistance to work with the City and affected residents. Fred Lee Neighborhood Watch – Described witnessing a robbery in front of his home. Warned everyone one to be alert and keep a possession list in multiple places. P.D. Voorhis – Cannot tolerate smoke aerosol, auto exhaust. Is confused by the not for profit legislation and cited from page 30 of The Millionaire by John Law. Seeing no other speakers to come before the City Council, Ms. Brucker declared the Privilege of the Floor closed. MISCELLANEOUS BUSINESS OF THE COUNCIL Ms. King – Encouraged members of the Unitarian Church to contact Corporation Council John Polster. Also read a list of street closings near SCCC due to construction. Mr. Erikson – Spoke regarding a letter received regarding litter and encouraged all to pick up and help. Ms. Perazzo – Mont Pleasant volunteers painted 95 fire hydrants and will be planting perennials along public areas. Schenectady City Council Meeting Minutes Page 6 of 6 August 27, 2012 Ms. Porterfield – Discussed the foreclosure problem and suggested more information be shared with the public. She has heard from people who are concerned about neighboring houses being boarded up. Mr. Riggi – Spoke regarding a letter to the editor praising SPD Officer Rizzo. Regarding the not for profits he is glad it’s moving forward. Mayor McCarthy – Stated the City is working on a permanent solution to the Washington Avenue crossing. Ms. Brucker – Congratulated Officer Rizzo and commended the Fire Department for serving lunch in the park on Fridays during the summer. RECESSED: Seeing no further business to come before the City Council, Ms. Brucker recessed the meeting at 8:34 p.m. A true record By Charles W. Thorne Schenectady City Clerk