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City Council

Regular Meeting

Schenectady, NY · September 24, 2012

AgendaMinutes

Minutes

MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE SCHENECTADY CITY COUNCIL September 24, 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 upon Reverend Emanuel Adams of The First Reformed Church to deliver the invocation. Ms. Brucker called upon members of the Schenectady Fire Department 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, Margaret C. King, Vincent Riggi, and Denise K. Brucker Absent – Carl Erikson, Barbara Blanchard, Councilmembers Also Present –City Clerk Charles W. Thorne, Corporation Counsel John Polster and Mayor Gary R. McCarthy. Ms. Brucker Called Miriam Cajuste, the Affirmative Action Officer for the City and the County to the podium. Ms. Cajuste announced the upcoming Civil Service Exam for the Police Department and let everyone know the application deadline is October 1. At this point, Ms. Brucker asked if there were no objections, she would like to take Agenda Item numbers 9, 10 and 11 out of order. There were no objections. Resolution 2012-180 - A resolution Recognizing October 7th, 2012 as the Polish Harvest Festival, to be held by the St. Adalbert’s Church, and recognizing the Polish experience in Schenectady. Ms. Brucker invited members of St. Adalbert’s Church inside the rail to accept the resolution. Ms. Porterfield moved the resolution and it was seconded by Mr. Riggi. The resolution was passed unanimously. Resolution 2012-181 - A resolution recognizing October 2012 as National Breast Cancer Awareness Month. Ms. Brucker invited Fire Chief Michael Della Rocco and members of the Schenectady Fire Department inside the rail to accept the resolution. Ms. King moved the resolution and it was seconded by Ms. Perazzo. Resolution 2012-182 - A Resolution celebrating and honoring the Schenectady Symphony Orchestra, and the Start of its 79th Season. Ms. Brucker invited members and supporters of the Schenectady Symphony Orchestra inside the rail to accept the resolution. Ms. Perazzo moved the resolution and it was seconded by Mr. Riggi. At this point of the meeting Mayor McCarthy presented a Mayoral Proclamation honoring the Fraternal Order of Police and Sergeant Christopher Fotey for organizing an annual charity softball tournament that has raised more than $12,000 in the past five years. Schenectady City Council Meeting Minutes Page 2 of 5 September 24, 2012 PUBLIC HEARINGS: Proposed Change to Chapter 186-18 for the Code of the City of Schenectady to Increase Permit Fees for Use of the Central Park Rose Garden. Ms. Brucker invited all who wished to speak to come forward. Pamela Pearlman, Schenectady – Spoke in support of the increase in the Rose Garden use fees. She presented a history of the garden since 1980 and the formation of the Rose Garden Organization. The garden is comprised of 4,000 rose bushes and 20 varieties. The club has made capital improvements to the garden, most recently the new gateway and fountain. Vickie Hurewitz, Schenectady – Spoke in favor of the increase in fees, but felt the Rose Garden Committee should not receive the entire fee. Seeing no other speakers to come before the City Council, Ms. Brucker declared the Public Hearing closed. APPROVAL OF MINUTES: Mr. Riggi made a motion to approve the minutes of the September 10, 2012, as submitted by the Clerk. Ms. Perazzo seconded the motion. COMMUNICATIONS: Official: A list of appointments from the Mayor dated September 24, 2012 General: None Petitions: None COMMITTEE REPORTS: None PRIVILEGE OF THE FLOOR (LEGISLATIVE ITEMS) Ms. Brucker invited all who wished to address the Legislative Agenda to come forward. P.D. Voorhis, Schenectady – Questioned the amount of money required for agenda item number 5, Grant Funding for Environmental Remediation at the South Broadway Parking Lot. Seeing no other speakers to come before the City Council, Ms. Brucker declared the Privilege of the Floor on the Legislative Agenda closed. Schenectady City Council Meeting Minutes Page 3 of 5 September 24, 2012 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 – 183 Adopted Unanimously Resolution No. 2012 – 184 Adopted Unanimously Resolution No. 2012 – 185 Adopted Unanimously Resolution No. 2012 – 186 Adopted Unanimously Resolution No. 2012 – 187 Adopted Unanimously Resolution No. 2012 – 188 Adopted Unanimously Resolution No. 2012 – 189 Adopted Unanimously Resolution No. 2012 – CS-22 Adopted Unanimously Resolution No. 2012 – 190 (Roll Call Vote) 4:1:2 Voting AYE: Perazzo, King, Porterfield and Brucker. No: Riggi Absent: Erikson and 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: Marva Isaacs, Schenectady – Thanked Peggy King, Philip Fields and others for donations for the school books. Jason Planck, Schenectady – Stated that the Sales Tax Agreement lacked accountability and transparency. Tony Buonome, Schenectady – Stated he feels bad about Jason Cuthbert being fired. He questioned the propriety of the financing on the Foster Avenue Garage, as reported by the Daily Gazette. Sandy Mayfield, Schenectady - Asked if the Police Department has rules regarding high-speed chases. Joy Hall, City of Schenectady – Expressed her concern about pedestrian safety on downtown streets and cell phone use by drivers. Harry Brand, City of Schenectady – Stated he feels bad about the employee who was discharged regarding the sales tax disagreement. He also complained about use of City vehicles by employees. Don Burch Jr., Schenectady – Complained about being abused by the Police Department. He stated bad behavior spreads and not all cops are bad. He stated safety concerns surrounding the RPI nuclear reactor along the Mohawk River. Schenectady City Council Meeting Minutes Page 4 of 5 September 24, 2012 Mary McClaine, Schenectady – Two topics tonight – democracy and the Sales Tax Agreement. There will never be democracy in this chamber as long as the Council President has her finger on the time button, cuts off speakers in mid sentence and her colleagues permit her to do it. There will be no democracy in this chamber as long as the Council President scrambles the names of the speakers before she calls them to the podium disregarding the sequence in which they signed in and her colleagues sit by and say nothing. This musical chairs ritual has been practiced by the current Council President, the former Council President McCarthy and the man who now sits on the bench, Judge Blanchfield. There will never be democracy in this chamber as long as city officials take on the time they want during miscellaneous business for their nonsensical gibberish while at the same time allowing limited speech for those who pay their salaries. Not only is democracy lacking in these proceedings the process is peppered with deviousness. Regarding the sales tax agreement – Everything that happens in this chamber is a result of Council members past actions. Even though Mr. Riggi voted “No” for the Sales Tax Agreement, he was directly responsible for its successful passage. Miss Porterfield sits on this council because he voted for her. Mr. Mootooveren would have understood the figures presented to Council. He was the one with the financial background he was the one who went to school to learn his skills. He was the one who had the experience in finance. It should not have been necessary for Jason Cuthbert to send charts to Council members. Council should have requested the information. On the night of the public hearing for the sales tax, speakers with financial savvy told council an eight year agreement was too long. Two people came forward with figures. One was a conscientious employee who worked with the city’s financial figures every day the other was a political hack. Council went with the familiar. If I was sitting on City Council that tax agreement would have been dead on arrival. Only the uneducated could have negotiated and voted for such a wretched agreement. You betrayed us. P.D. Voorhis, Schenectady – Asked how meeting information is accessed online. 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. Perazzo – Announced the Homes Showcase to be held in City Hall on September 30. Also encouraged people to sign up for the Vale Park clean up and said it was great news that the paving in the park would complete the connection of the bike trail. Ms. King – Carl Erikson emailed from Fireball Run Ms. Porterfield – Attended a school board meeting last week and was impressed by the presentation by the new superintendent. The presentation is posted on the District website. Mr. Riggi – Another incident at Hillhurst Park with a dog occulted. He reminded people to not to let their dogs of-leash in the parks. He was saddened by Jason Cuthbert being let go by the City. Mayor McCarthy – Explained the various elements of the sales tax agreement with the County and Promoted the Home Show this weekend saying 25 vendors would be involved. Schenectady City Council Meeting Minutes Page 5 of 5 September 24, 2012 Ms. Brucker – Gave special recognition to City Firefighters. She also congratulated Chris Fotey and Commended Ann Petersen on the job she has performed for the City and wished her luck in her future appointment. RECESSED: Seeing no further business to come before the City Council, Ms. Brucker recessed the meeting at 8:42 p.m. A true record By Charles W. Thorne Schenectady City Clerk

Agenda

OFFICE OF THE CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING September 24, 2012 Room 209 7:00 P.M. 1. (PUBLIC HEARING) Proposed Change to Chapter 186- 18 for the Code of the City of Schenectady to Increase Permit Fees for Use of the Central Park Rose Garden. 1. By Councilmember (ORIGINAL CONSIDERATION) A RESOLUCTION Calling for a Public Hearing to be held on October 9, 2012 at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street for public comment related to proposed ordinance. INTRODUCED ONLY 4 Votes With AN ORDINANCE Establishing a “Fee for Priority Service” for the Handling of Vital Records. 4 Votes -2- 2. By Councilmember A RESOLUTION Permitting the Commissioner of Finance & Administration to Close Certain Capital Projects as of December 31, 2012. 4 Votes 3. By Councilmember A RESOLUTION Terminating a Contract with Tower Capital Management, L.L.C., for the Collection of Unpaid Taxes. 4 Votes 4. By Councilmember A RESOLUTION Authorizing the City Engineer to issue a Revocable Permit to Luca’s Bar N’ Grill for a Sign Encroaching on the City’s Right-of-Way at 547 Nott Street. 4 Votes 5. By Councilmember A RESOLUTION Authorizing the Request of Additional Grant Funding for Environmental Remediation at the South Broadway Parking Lot. 4 Votes -3- 6. By Councilmember A RESOLUTION Authorizing for The City of Schenectady to Enter Into Partnership with The Schenectady City School District to Apply to the New York State Department of Transpiration for a Grant for the “Safe Routes To School” Program. 4 Votes 7. By Councilmember A RESOLUTION Authorizing the Settlement of Tax Certiorari Concerning 271 State Street and 277 State Street. 4 Votes 8. By Councilmember A RESOLUTION Authorizing the City of Schenectady to Settle a Claim by John Fallarino against the City. 4 Votes 9. By Councilmember A RESOLUTION Recognizing October 7th, 2012 as the Polish Harvest Festival, to be Held by St. Adalbert’s Church, and Recognizing the Polish Experience in Schenectady. 4 Votes 10. By Councilmember A RESOLUTION Recognizing October 2012 as National Breast Cancer Awareness Month. 4 Votes -4- 11. By Councilmember A RESOLUTION Celebrating and Honoring the Schenectady Symphony Orchestra, and the Start of its 79th Season. 4 Votes 12. By Councilmember (CONTRACT & SUPPLY) A RESOLUTION to Amend the Contract for the 2012 Street Paving Program with Carver Construction Co., Inc., to include Alternate ‘1C – Vale Cemetery Road’ and increase the amount of the award by the sum of $33,992.60 for a revised total of $1,352,142.46. 4 Votes

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