City Council

MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE SCHENECTADY CITY COUNCIL December 26, 2012 The Meeting was called to order by the Council President Denise Brucker at 7:06 p.m. in Room 209, City Council Chambers at City Hall. Ms. Brucker led 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 Brucker, Absent –Barbara Blanchard, Councilmember Also Present –City Clerk Charles W. Thorne, Corporation Counsel John Polster and Mayor Gary R. McCarthy. PUBLIC HEARINGS: 1. Authorize the Approval of the Budget for the Upper Union Street BID Ms. Brucker invited all who wished to speak come forward. Chris DiCocco, President Upper Union Street BID – Thanked the City and Council for their support. He stated that the BID has been able to do a lot with a small budget; running an effective marketing program and keeping the district clean. Seeing no other speakers to come before the City Council, Ms. Brucker declared the Public Hearing closed. APPROVAL OF MINUTES: Ms. King made a motion to approve the minutes of the December 10, 2012 and amended minutes of the October 22, 2012, meetings as submitted by the Clerk; Ms. Perazzo seconded the motion. COMMUNICATIONS: Official: None General: Bellevue Preservation's monthly meeting will be held Thursday, January 10th, 2013 7pm at St. Paul's Episcopal Church Parish Hall, 1911 Fairview Avenue. Guest Speaker will be Schenectady City School Superintendent Laurence T. Spring. The public is invited. Petitions: None Schenectady City Council Minutes December 10, 2012 Page 2 of 6 COMMITTEE REPORTS: City Development and Planning - Ms. King read the 2012-2013 CDBG Schedule. (Attached) PRIVILEGE OF THE FLOOR (LEGISLATIVE ITEMS) Ms. Brucker invited all who wished to address the Legislative Agenda to come forward. Seeing none, 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 – Ordinance No. 2012 – 14 .......................................Adopted Unanimously Resolution No. 2012 – 230 ....................................Adopted Unanimously Resolution No. 2012 – 231 ....................................Adopted Unanimously Resolution No. 2012 – 232 ....................................Adopted Unanimously Resolution No. 2012 – 233 ....................................Adopted Unanimously Resolution No. 2012 – 234 ....................................Adopted Unanimously Resolution No. 2012 – 235 ....................................Adopted Unanimously Resolution No. 2012 – 236 ....................................Adopted Unanimously Resolution No. 2012 – 237 ....................................Adopted Unanimously Resolution No. 2012 – 238 ....................................Adopted Unanimously Resolution No. 2012 – 239 ....................................Adopted Unanimously RES – 2012-240– A Resolution Approving and Adopting the Budget for the Upper Union Street Business Improvement District. The motion was moved by Ms. King and seconded by Ms. Perazzo. 6:0:1 Voting AYE: Perazzo, Porterfield, Erikson, King and Brucker. 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: Bharath Arjoon, Schenectady - Listed below are some of the concerns affecting homeowners of the Guyanese/ West Indian Community. We feel that we are being unfairly treated from number of code enforcement officers applying different building code standards to homeowners of racial backgrounds, and the frequent denial of rental certificates to Guyanese/West Indians. We feel that code officers manipulate the codes to back up their unfair actions. Landlords from our community believe such actions result denials of the rental certificate to homeowners that complain and additionally punish homeowners with fines. Some of the code officers create their own rules and requirements that are not within the standard of the city code. We also object to Schenectady City Council Minutes December 10, 2012 Page 3 of 6 the unwarranted inspections of our rental units and our landlords who refused rental inspections are threatened with notices to vacate for unsafe conditions. Our landlords feel that flashing badge does not make legal to enter property without the homeowners’ approval. There are numerous complaints from Guyanese/West Indians about the unprofessional behavior by some code enforcement officers. The Guyanese /West Indian community strongly support the Housing Standards Review Board. After hearing the concerns of our community, we hereby request the following: 1. Code enforcement officers should be impartial when conducting inspections. 2. Create the Housing Standards Review Board. 3. The HSRB should comprise of members from interested groups including the Guyanese and West Indian landlords. 4. Guyanese and West Indians should not be “singled” out or harshly treated by code officers. 5. We would like to meet with the City Council to meet privately to further give you a good understanding of our grievances. So please fit us into your schedule. (518) 859-5313. Chris Morris, Schenectady – Stated that members of SLIC wish to work with the City. He cited actions in St. Paul directed at non-owner occupied housing creating more problems than it solved. Legal action the city resulted in restoration of the city’s Problem Properties 2002 Program. Mohamed Hafez, Schenectady - SLIC PROPOSAL PROBLEM PROPERTIES PROGRAM Landlords Complaints to further explain, the landlords in St. Paul, Minnesota specifically complained that their City conducted “proactive sweeps,” adapted “code to the max” and “heavy enforcement” policies. Landlords also complained that in requiring Code Compliance Certification for rental properties. The City increased their business costs, and decreased affordable housing. The Court’s Decision the Court found that the City could have adopted a less restrictive alternative to achieve the same objectives. The court said that the City “heavy enforcement” policy burdened the landlords, which burdened the tenants, and decreased an already short supply of affordable housing, which affected low-income racial minorities. After analyzing the landlords’ “disparate impact” discrimination claim, the Court allowed the case to proceed to trial against the Chief Code Inspector, Code Enforcement Officers, and everyone else involved in implementing the heavy enforcement policy. The Program Similar to the one reviewed by the Gallagher court as an alternative to the heavy enforcement policy. If implemented in Schenectady. The Problem Properties Program could be administered by an established Housing Standards Review Board. The recommended goals and tactics of the program could be the following: identify properties. With a history of unresolved or repeat code violations. Meet the problem property owners individually, to set up efforts for improving their properties and the neighborhoods they are in. Encourage the owners to take more business-like, community-minded approach to managing their properties. Use consistent inspectors at each property, to help maintain better working relationships and lines of communication. Keep closer tabs on changes of ownership of the identified properties. It is flexible and cooperative approach to code enforcement vs. the rigid and aggressive enforcement of the City’s Housing Code. It is our contention that if the City of Schenectady implements the Problem Properties Program it would stimulate a greater degree of landlords’ compliance to benefit the whole City. The Case Gallagher v. Magner, 619 F.3d 823 (2010) Eighth Circuit Court of Appeals. Thank you. Don Birch, Schenectady – Complained about the lack of detail in previous minutes regarding his comments. He stated he has video of him being arrested, stripped and harassed by Schenectady Police. He accused the City of having a “mafia” of lawyers. Schenectady City Council Minutes December 10, 2012 Page 4 of 6 Tony Buonome, Schenectady – Stated he read about the savings the NYS Thruway has realized with a new anti-icing road treatment and asked whether or not the City has looked into the new treatment. He also asked that the City plows try to avoid plowing snow onto residents’ sidewalks. Marva Isaacs, Schenectady – Thanked the Mayor and Council for support at recent neighborhood events. Seeing no other speakers to come before the City Council, Ms. Brucker declared the Privilege of the Floor regarding City Business. MISCELLANEOUS BUSINESS OF THE COUNCIL Ms. Perazzo – Thanked SUN for hosting a holiday reception, allowing City and County officials to meet their members. She commented on restoring the third Assistant Police Chief position to the budget, saying it was put in place with the condition of meeting measurable goals. Ms. Porterfield – Wished all a Happy Kwanzaa. She encouraged all to attend the Belleview Neighborhood meeting with Schenectady School Superintendent Laurence T. Spring. And wished everyone a Happy New Year. Mr. Riggi – Said he received complaints about snowmobilers in City parks. He reminded everyone that it is not legal to operated snowmobiles in the parks. He said he also received complaints about city jobs not being filled and others receiving raises with the budgeted money; he would look into it. He wished all Happy Holidays. Mr. Winkler – Extended best wishes to all and said the City plans on looking into the brine road treatment. He also reminded all to keep the priority streets clear of parked cars until streets are plowed. Ms. Brucker – Wished all Happy New Year. ADJOURNED: Seeing no further business to come before the City Council, Ms. Brucker adjourned the meeting at 7:56 p.m. until Monday A true record By Charles W. Thorne Schenectady City Clerk Schenectady City Council Minutes December 10, 2012 Page 5 of 6 2013 CONSOLIDATED PLAN SCHEDULE January 7, 2013 Application available online January 7 Advertisement for Call for Implementers in Gazette January 10 Application technical assistance meeting (Room 110, City Hall, 1 – 3 PM) January 10 Public Hearing on Housing and Community Development Needs (Carver Community Center, 700 Craig Street, at 6:00PM). January 14 Public Hearing on Housing and Community Development Needs (Council Chambers, Room 209, City Hall at 7:00PM). February 1 Applications due in Department of Development February 4 – February 22 Staff review of applications March 18 Council Committee Meeting Presentation on Proposed 2013 Consolidated Plan March 19 Notice on Proposed 2013 Consolidated Plan advertisement in Gazette March 20 – April 18 30-Day comment period on Proposed 2013 Consolidated Plan April 8 Public Hearing on Proposed 2013 Consolidated Plan April 22 Approval of Final 2013 Consolidated Plan by City Council Schenectady City Council Minutes December 10, 2012 Page 6 of 6 May 15 Consolidated Plan Application due at HUD Buffalo