City Council

MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE SCHENECTADY CITY COUNCIL September 10, 2012 The Meeting was called to order by the Council President Denise Brucker at 7:05 p.m. in Room 209, City Council Chambers at City Hall. Ms. Brucker called for a moment of silence in honor of the people who lost their lives in attack on September 11, 2001. Ms. Brucker called upon Chief Michael Della Rocco 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, and Denise K. Brucker Absent – Barbara Blanchard, Councilmember Also Present –City Clerk Charles W. Thorne, Corporation Counsel John Polster and Mayor Gary R. McCarthy. PUBLIC HEARINGS: None APPROVAL OF MINUTES: Mr. Riggi made a motion to approve the minutes of the August 27, 2012, as submitted by the Clerk. Ms. Perazzo seconded the motion. COMMUNICATIONS: Official: From the Mayor, a list of appointments dated September 10, 2012 General: A letter from Reverend Ted Ward, dated August 28, 2012 regarding the tax lien on Koinonia Christian Ministries. From the Schenectady County Council of Veterans’ Organizations, a letter announcing the Gold Star Mothers Services on September 30, a t Evergreen Cemetery at 2 p.m. From the Schenectady County Council of Veterans’ Organizations, a letter announcing the Veteran’s Day Services on Sunday, November 11 at 10:30 a.m. at Veterans Park. From the Bellevue Preservation, announcing their monthly meeting on Thursday September 13 and the Bellevue Greenmarket will remain open on Thursdays from 3-6 p.m. for the rest of September. Petitions: None COMMITTEE REPORTS: Finance: Schenectady City Council Meeting Minutes Page 2 of 5 September 10, 2012 Mr. Erikson – Stated, in regard to the retirement incentive discussed in the last Committee Meeting, the Finance Committee has requested more information from staff before they will reconsider the measure. PRIVILEGE OF THE FLOOR (LEGISLATIVE ITEMS) Ms. Brucker invited all who wished to address the Legislative Agenda to come forward. Rich Patierne, Schenectady – Warned of the financial consequences of not negotiating a better sales tax distribution agreement with the County. He doubts the deal is best for the City. Gerald Plante, Schenectady – Stated more money is needed to clean up the City. More money is needed from the County. Robert Sanders, Schenectady - Stated the County is getting a lot of money and the City should get more. Mary Stafford, Business Manager of Animal Protective Foundation, (Park Director Mike Burke’s wife) – Spoke about the APF Fireplug Walk in Central Park and how integral Mike Burke is to the success of events like this that are held in the park. She urged the Council to vote against amending the budget to eliminate jobs. Reverend Phil Grigsby, SICM Ministry – Regarding the sales tax distribution agreement, stated that when experts are divided as they are more time should be taken to decide what should be done. Vickie Hurewitz, Schenectady – Expressed concern about the sales tax distribution agreement with the County and questioned why information regarding how much sales tax money is collected in the City is not available. Jason Cuthbert, City of Schenectady Budget Analyst – Quoted from the ethics chapter in the City Code, which he said obligated him to speak out against the sales tax distribution with the County. He said the City’s portion should be at least $12 million and the agreement being considered by the Council will subject the City to high taxes for the next decade. Mary McClaine, Schenectady – Madame President, I am going to talk on #1 and #3 and request more time. It is impossible to develop a cogent argument for these two very important issues on tonight’s agenda and do it in three minutes. No. 1 – a resolution authorizing the Mayor to enter into a sales tax agreement with the County of Schenectady. According to yesterday’s Gazette (9- 9- 12) the film “A Place Beyond the Pines” is a gift that keeps on giving. Don Rittner estimates the production brought more than $2 million in economic stimulus to the area. The crew and cast spent more than $350,000 on hotel rooms alone during filming. Tonight some Council members are prepared to vote to lock their City into a contract that will limit revenue to the City for eight years. Who is to say there won’t be anymore films produced in the area in the next two, four or six years? Three Council members are perfectly content to let the County have the money form any more new ventures. Such a vote is irresponsible. Where are the legislators in all of this? Why haven’t they raised an objection? Eight years is an unreasonable contract. Go for three years. Schenectady gives the County too much already. Erie Boulevard is a $15 million project. Not one dime of that money will come from the County, but the County will reap the benefits! That corridor is the gateway to business. Schenectady won’t see any new revenue because those who have been elected to a four-year term will vote to give it up. What ever happen to logic? Schenectady City Council Meeting Minutes Page 3 of 5 September 10, 2012 Gary Hughes, Schenectady County Legislator – Emphasized four points in the sales tax distribution agreement: (1) The agreement is for $11.7 million plus $425,000, (2) Guarantees $425,000 in annual payments for HazMat, Public Safety and demolition, (3) $100,000 one time payment to the land bank, (4) Payment increases are based on growth in the County. He felt this is a much better deal than the City would do going it alone. Elmer Burch, Niskayuna – Asked who is the “County” referred to in the news? He questioned the propriety of assuming the County’s decision before the legislature meets. 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: Ms. King made a motion that Council approves the Consent Agenda and the motion was seconded by Ms. Perazzo. Consent Agenda – Resolution No. 2012 – 176 Adopted Unanimously Resolution No. 2012 – 177 Adopted Unanimously Resolution No. 2012 – 178 Adopted Unanimously Resolution No. 2012 – 179 (Roll Call Vote) A motion was made by Mr. Erikson to remove the Sales tax agreement from the agenda. After a short discussion Mr. Erikson moved to amend his motion and return the item back to the Finance committee, all members affirmed and Ms. King moved to go into executive session citing privilege of contract negotiation. After a short recess Council returned to consider the Resolution Ms. Perazzo – Thanked her colleagues for the time they took to consider the sales tax agreement. She has exhausted all of the questions she had regarding the agreement. She stated she is 100 percent confident that this is the right agreement for the City. Ms. Porterfield – Stated that prior agreements were flat, this agreement allows for growth. Mr. Erikson – Stated cited figures from 1998 showing 200 percent growth in County sales tax revenue and a flat line in the City. He disagrees with most of the points of the agreement and stated the money belongs in the City. Ms. King – Stated the County is also dealing with unfunded mandates and the loss of revenue could impact many projects that benefit the City. Mr. Riggi – Stated we are not getting our fair share and cited the fact that since 1998 property taxes have risen in the City while they have declined in the County. He stated that the City subsidizes the County by housing building such as the jail, the County Office Building, DSS and hospitals. Ms. Brucker – Thanked all who spoke and stated she was proud of the Council members and the time they took to work through the process. Extensive meetings with staff were required. Many Schenectady City Council Meeting Minutes Page 4 of 5 September 10, 2012 of the unfunded mandate burdens on the County primarily benefit City residents. She also stated that sharing in the County growth will benefit the City. Adopted 4:2:1 Voting AYE: Brucker, King, Perazzo, and Porterfield No: Erikson, Riggi Absent: Blanchard Agenda Item No. 2 (Roll Call Vote) Defeated 3:3 Voting AYE: Brucker, King, and Perazzo No: Erikson, Riggi and Porterfield Absent: Blanchard 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: Joseph Rodriguez, Schenectady – Thanked Jeremy Howard for his assistance and complimented some members of the trash pick up crew for their attention to picking up trash and garbage that comes out of the containers or is on the street. Lorrie Robinson, Schenectady – Stated things are not getting better, people need jobs; people living on social services are not acceptable. Roy Neville, Schenectady, NAME – Reported the events of shootings by police departments of mentally ill individuals and suggested Crisis Intervention Team Training designed for encounters with the mentally ill. Training sessions are 40 hours and the program will be presented to the Commissioner and Chief of Police. Jim Nevins, CSEA – Expressed grave concerns over the possibility of layoffs and said the union is willing to work together with the City to avoid lay-offs. Harry Brand, Schenectady – Complained about the three-minute rule not be enforced equally and about the way tonight’s meeting was conducted. Rich Patierne, Schenectady – Stated he was disappointed in the vote regarding the sales tax distribution. Robert Sanders, Schenectady – Disappointed with the outcome of the sales tax distribution agreement vote. He encouraged everyone to vote on Primary Day. Mary McClaine, Schenectady – No. three resolution authorizing the Mayor to encumber snow plowing funds with the same to be used to help reduce a potential operating deficit. The Mayor and City Council already have an operating budget deficit for the following reasons. In April they approved a $95,000 a year salary for the new deputy mayor. The previous deputy mayor, under Brian Stratton earned $30,000 a year - $65,000 difference. Officials refused to stop paying medical coverage for part-time City officials, other communities stopped the practice seven years ago. Spends $54,000 every year to put fluoride in the drinking water. Scientists claim fluoride is a by-product of hazardous waste. Other communities stopped doing it. Own 35 City cars that are Schenectady City Council Meeting Minutes Page 5 of 5 September 10, 2012 used by City workers. City refuses to sell the cars. The costs for maintenance, insurance and gas are enormous. In July 2012 Council voted to spend $114,000 on a piece of equipment that the City could not afford. The work could have been outsourced. The City carries a 20-year contract with Siemens’ Company and a 20-year contract for the Foster Avenue Projects. Both contracts involve more indebtedness for the City. The City is buried in debt. City spends big payments on buy-out and pay outs to City workers who are leaving - $29,000 to assessor Pat Mastro - $74,000 to Fire Chief Farstad- his buyout was based on a document that did not apply to the job he was leaving. Folks council and the Mayor have failed in their fiscal responsibilities. Sue Wilson-Dean, Schenectady – Expressed disappointment with what happen tonight – conduct of meeting and vote on sales tax distribution agreement. She also thanked the Council for voting to reinstate Carver Community Center tax-exempt status as a not-for-profit. 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 – Announced a Public Design Workshop meeting in the Stockade Building at SCCC tomorrow night. Mr. Riggi – Stated he spent the afternoon with a women and her grandchild chased out of Hillhurst Park by a loose dog. He stated that Lt. Bandago and Carl Falotico are working together to issue tickets for quality of life issues. Ms. Porterfield – Stated that she felt the interruption to tonight’s meeting was necessary to obtain more information regarding the Sales Tax Agreement and felt the Council made the right choice. Mayor McCarthy – Stated that the finances of the City will not be resolved by one item the sales tax agreement is a fair deal. State aid needs to increase and unpaid property taxes need to be reduced. He also applauded the festivities of the previous weekend: the St. George’s Greek Festival, Little Italy Festival, the Health Fair and the Stockade Art Show. Ms. Brucker – Thanked all for their participation in tonight’s discussions and stated, “Sometimes democracy is messy.” RECESSED: Seeing no further business to come before the City Council, Ms. Brucker recessed the meeting at 9:39 p.m. A true record By Charles W. Thorne Schenectady City Clerk