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City Council

Regular Meeting

Schenectady, NY · May 13, 2013

AgendaMinutes

Minutes

MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE SCHENECTADY CITY COUNCIL May 13, 2013 The Meeting was called to order by the Council President Margaret King at 7:15 p.m. in Room 209, City Council Chambers at City Hall. Ms. King called on Helga Schroeter to lead the Pledge of Allegiance. Ms. King called on Reverend David Heise of the Albany Street Methodist Church provided the invocation. The Deputy City Clerk called the roll and the following members of the City Council answered to be present: Present – Council members Denise Brucker, Carl Erikson, Margaret King, Leesa Perazzo, Marion Porterfield and Vincent Riggi Absent – Barbara Blanchard, Councilmember Also Present – Deputy City Clerk Chad Putman, Corporation Counsel John Polster and Mayor Gary R. McCarthy. At this point, Ms. King asked if there were no objections, she would like to take Agenda Item number 16 out of order. There were no objections. Resolution No. 2013 – 92 – A Resolution in Recognizing the Goose Hill Neighborhood for its Recent Neighborhood Cleanup. Ms. Sasinowski extended her gratitude to a group of individuals involved in the cleanup from the Goose Hill neighborhood and thanked the Council and Mayor for the acknowledgement. The resolution was moved by Mr. Erikson and seconded by Mr. Riggi. The resolution passed unanimously. PUBLIC HEARINGS: 1. Establishing Zoning Regulations for Halfway Houses. Rev. Michael Hopin, Schenectady – President of New Choices reported the organization is planning to convert the upper levels of their office building at 302 State Street to a group residence to accommodate 4-16 persons, some of whom have mental health issues. Stuart Rosenblatt, Schenectady – Director of New Choices is seeking to clarify city ordinance’s related to C-4 vs. C2 and C-5 regarding halfway houses and group residence. He noted OASAS and the NYS Dormitory Authority are interested in investing $8-10 million dollars to renovate the building from the ground floor through the 4th and 5th floors where the residence will be housed. 2. Amending the Schenectady City Code to include a Provision for Towing Fees and Fee Schedules. Dennis Krugler, Schenectady – Reported to be an owner of a towing business and that he is in support of the towing fee. He added most insurance claims will cover the cost of towing and then listed out towing related incidents over the last fifteen months including; accidents, outstanding fines, unregistered vehicles and DWI related offenses. Schenectady City Council Minutes May 13, 2013 / Page 2 of 7 Mary McClaine, Schenectady – “Amending city code to include a provision for towing fees. Last month Council approved higher fees for out-of-town visitors who want to play golf in our city. Tonight’s amendment, if approved will charge anyone for having an accident in Schenectady. The amendment calls them towing fees. The Fees are actually kickbacks from the towing company to the city depending on who makes the phone call. As was discussed in the committee meeting, if a city worker (such as a police officer) makes the call to have the cars towed away from the accident scene the city will receive $40.00 from the cost that the towing company will charge the motorist for the service. So if Suzzy Q or Joe Camel are involved in an accident and possible, seriously injured the city intends to charge them for having the accident. I consider this ambulance chasing and I am against amending the city code for such a reason.” APPROVAL OF MINUTES: Ms. King asked for a motion to approve the minutes of the April 22, 2013 meeting as submitted by the City Clerk; Mr. Riggi made a motion to approve the minutes, Ms. Perazzo seconded the motion. COMMUNICATIONS: Official: From the Mayor a list of appointments dated Monday, May 13, 2013. A letter from Carl Olsen, Commissioner of General Services dated, May 13, 2013 addressed to the honorable Mayor and City Council regarding the recommendation of awarding the “Fuel Management System” contract to Northeast Technologies, Inc. of Schenectady, NY. This work will be charged to the 2013 operating budget code A5132- 470 in the amount of $15,503.00. General: A letter from the Schenectady County Council of Veterans’ Organizations dated April, 2013 inviting the City Council and Mayor McCarthy to their Memorial Day Services to be held on May 27 at Vale Cemetery (10:30am) and Veterans Park (11am). A correspondence from Julia Lewis dated May 8, 2013 announcing the Bellevue Preservation Inc. is sponsoring an Armed Forces Day - Flag Raising Ceremony to be held on May 18 at 11am at the George Westinghouse and Bellevue Veterans Park at the Corner of Broadway and Guilderland Ave. The public is welcome. Petitions: None COMMITTEE REPORTS: None Schenectady City Council Minutes May 13, 2013 / Page 3 of 7 PRIVILEGE OF THE FLOOR (LEGISLATIVE ITEMS) Ms. King invited all who wished to address the Legislative Agenda to come forward. The following speakers rose to be heard and their remarks are summarized: Mary McClaine, Schenectady – “Item #7: 1. Adoption of the 2013 – 2014 consolidated plan. The plan calls for $56,000 of community development grant funds to be used for the demolition of run-down houses in Schenectady. This issue is a wish come true for the citizens of Schenectady. They wanted these places to be torn down for a long time because they have been living with these conditions for a long time. $56,000 from the grant is a beginning. However, the federal government can stop the funding at anytime. It is not a long-range guaranteed source of income for the city. Therefore, in order to be able to continue the program if funding stops from CDBG money. The mayor has proposed a $3 million dollar loan to cover the cost for the demolition projects. The (CDBG) funds start the process. Run-down and burned out houses detract from the city’s beauty, home values, quality of life pleasures, etc. There is nothing wrong with Schenectady. The kind of legislation that is passed in this chamber can be a problem. Approval of the Consolidated Plan is good legislation. The legislation will benefit the entire community. Please approve the plan.” Seeing no other speakers come forward, Ms. King declared the Privilege of the Floor on the Legislative Agenda closed. INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS: Ms. Perazzo made a motion that Council approves the Consent Agenda and the motion was seconded by Ms. Riggi. Consent Agenda – Ordinance No. 2013 – 16 .......................................Adopted Unanimously Ordinance No. 2013 – 17 .......................................Adopted Unanimously Ordinance No. 2013 – 18 .......................................Adopted Unanimously Resolution No. 2013 – 93 ......................................Adopted Unanimously Resolution No. 2013 – 94 ......................................Adopted Unanimously Resolution No. 2013 – 95 ......................................Adopted Unanimously Resolution No. 2013 – 96 ......................................Adopted Unanimously Resolution No. 2013 – 97 ......................................Adopted Unanimously Resolution No. 2013 – 98 ......................................Adopted Unanimously Resolution No. 2013 – 99 ......................................Adopted Unanimously Resolution No. 2013 – 100 ....................................Adopted Unanimously Resolution No. 2013 – 101 ....................................Adopted Unanimously Resolution No. 2013 – 102 ....................................Adopted Unanimously Resolution No. 2013 – 103 ....................................Adopted Unanimously Resolution No. 2013 – 104 ....................................Adopted Unanimously Resolution No. 2013 – 105* ..................................Adopted Unanimously Resolution No. 2013 – CS - 11 ..............................Adopted Unanimously *Added by Unanimous Consent Schenectady City Council Minutes May 13, 2013 / Page 4 of 7 Ordinance No. 2013 – 106* – A Resolution Calling for Public Comment Concerning A Local Law Amending Chapter 6, Section C6-6 of the Charter of the City of Schenectady to Grant Schenectady County Explicit Authority to Enforce Liens within which it has an Interest. The motion was moved by Ms. Perazzo and seconded by Ms. Porterfield 5:1:1 Voting AYE: Brucker, Erikson, King, Perazzo and Porterfield Voting NAY: Riggi Absent: Blanchard Mr. Erikson – Noted this is not a new topic and based on prior legislation the city appears to be moving in a new direction. Regardless he noted he is in favor of the call for a public hearing on the matter. Mr. Riggi – Noted the Council was previously advised this would not be an issue and now there may be cause for concern given things are not quite right. He noted his personal opinion, “Let them (the County) sue us”, adding he won’t be voting yes for the above legislation. Mayor McCarthy – This legislation will start to address some of the technical issues in helping the City to negotiate with the county. Ms. King – Noted the above legislation is calling for a public hearing on the matter. PRIVILEGE OF THE FLOOR: Ms. King 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: Tony Buonome, Schenectady – Reported he was disappointed to see the Mayor give the key to the City to Freihofer’s after they closed down there business in the city years ago. He expressed his concern about the city shutting down the Cheltingham Avenue Bridge. He asked, What about emergencies? He noted he favors putting cars on the tracks to prevent Amtrak from using this stretch of track as an incentive for them to fix the bridge. He closed by adding he is experiencing traffic tie ups on Broadway and near I-890 in relation to the bridge closure and asked the city to repair the roads. Deborah Rember, Schenectady – Reported the Tenant Association group had a meeting last month and will be meeting again on May 23 at 6pm in the McChesny Room in the Schenectady Central Library at 99 Clinton Street. She noted the group is looking to add participants and will continue to focus on tenant rights. Sharron-Linn Schmidt, Schenectady – “My name is Sharron-Linn Schmidt, Vice President of the Mont Pleasant Neighborhood Association and Coordinator of the Mont Pleasant Merchants. Good evening Mayor McCarthy, Madam President, and City Council members. The Mont Pleasant Neighborhood had a very successful clean-up day on Saturday, May 4th from 9am – 12n. We estimate that about 75 volunteers working in the various areas of Mont Pleasant participated. On behalf of the Mont Pleasant Neighborhood Association’s President – Mohamed Hafez, Treasurer – Donna Foley and John Horton – Sergeant at Arms, and the Mont Pleasant Merchants’ acting President Rev. James Bookhout, and me: Thank you to the City of Schenectady’s Mayor, Gary R. McCarthy, Carl Olsen’s General Services Crew, Police Chief Brian Kilcullen and the Schenectady Police Department, the Fire Chief Michael Della Rocco and Schenectady City Council Minutes May 13, 2013 / Page 5 of 7 Fire Station #3 in Mont Pleasant, John Mootooverin, Deryck Singh, and the Guyanese American Association, Vince and Donna Riggi, Development Department’s Ahmad Yusufi, Legislator Karen Johnson, Assemblyman Santabarbara, 15 Love, Tri-City Cricket Club, Superintendent Larry Spring and the Schenectady City Schools in te Mont Pleasant area, the Hope Depot #1239, Our Lady of Mount Carmel Church, the Mont Pleasant Merchants, the Mont Pleasant Public Library, Marty’s Hardware, Stewarts Shops, Mary McClaine for picking up and donating supplies and many other organizations and individuals. From the good wishes text from Marion Porterfield at 6:45am to the pick-up of yard trash and garbage bags early Monday morning, the cooperation of the City of Schenectady was terrific! We were not able to clean-up every street but we are encouraging residents to pitch in and keep the momentum going to neaten-up Mont Pleasant. Thank you to the residents of 2nd through 10th Avenues and the streets in between who pitched in to clean-up their area. As part of the Community Policing Through Environmental Design (CPTED) dedicated volunteers will continue to visit Avenues 2nd through 6th to clean-up that area, with residents help, on a continual basis. While cleaning up a property owned by the Schenectady Urban Renewal Agency, two neighbors came out to help us out this past weekday. We plan to visit 5th and 6th Avenues this week and then revisit Avenues 2nd through 6th again and the streets in between ahead of code sweeps on May 14th and May 28th. The beginning of the Dog Enumeration program will coincide with the start of the code sweeps. We will proceed to another area of Mont Pleasant once our current target area maintains its clean-up status on its own. Thanks to all who posted our event to Facebook or a website. Thank you Mont Pleasant and thank you Schenectady.” Raymond Murrell, Schenectady – He reported he spoke in front of City Council two weeks ago and chose to come back to clarify the address related to his concern. Asked the city to tear down 738 Albany Street reporting there have been several fires and calls made to code enforcement related to the structure. He noted several instances at the address including a fire in 2012. He closed by reporting he spoke with Ed Shilling in Code Enforcement who he reports was not helpful or forthcoming. Helga Schroeter, Schenectady – As President of the Civilian Police Review Board she noted there has been two recent board appointments, however the SMHA and NAACP both need to make their appointments. She noted the importance of meeting quorum which will allow the board to conduct business and maintain integrity in the community. Mohanmed Hafez, Schenectady – Reported property located at 109 Brandywine Ave, which is a vacant lot across from the Afghan Islamic Center, is a property the Center has placed a purchase offer on. The Islamic Center would like to temporarily use the lot as a parking lot and then build a Community Center in that location in the future. He believes the offer made to the city is fair and he is looking for City Council support. Khuram Jamil, Schenectady – Reported he is a member of the Afghan Islamic Center which is interested in purchasing the vacant lot at 109 Brandywine Avenue. He noted the mosque was established in 1995 and has experienced a 400 percent growth with 300 people attending services each week. He noted the Center is in need of the additional space to provide more parking. Mary McClaine, Schenectady – “The city refuses to sell its fleet of cars. According to information that was in the packet for the May 6th committee meeting, the city has ordered 2 more cars and until the new cars arrive, the city is considering an agreement to use surplus cars from the county. The county is willing to transfer the surplus cars to the city for the sume of one dollar. In return for the use of the cars, the city will have to agree to the following; (a) sell the surplus cars after and give the proceeds to the county (b) accept the surplus vehicles “as is” with all its faults and in the current condition (c) county is not responsible for fitness of the cars (d) Schenectady City Council Minutes May 13, 2013 / Page 6 of 7 the city will pay registration fees, insure the cars and assume all responsibility for the operation and use of the vehicles. These expenditures are for 2 cars. Times these kinds of expenses by the 27 cars already in the cities fleet of cars and the taxpayer is paying a big price for perks. What is the solution? Do what is done in the private sector, pay mileage to employees who use their cars for work related business. CEO’s spend a lot of time trying to save money for their investors. Legislators need to do the same for taxpayers. Less spending means lower taxes for all those who pay the bills. Get rid of city cars.” Marva Isaac, Schenectady – Reported Hamilton Hill will be hosting a clean-up day on June 8 and the public is invited to participate. Seeing no other speakers to come before the City Council, Ms. King declared the Privilege of the Floor closed regarding City Business. MISCELLANEOUS BUSINESS OF THE COUNCIL Mr. Erikson – Noted there will be ongoing discussions related to the towing fees and setting the actual fee amount. He reported, tonight was the first he had heard about the Islamic Center’s offer to purchase the property on Brandywine Ave. Adding he saw barriers around the lot and was not clear why they were put in place. He closed by thanking all the neighborhoods for the recent clean-ups. Ms. Porterfield – Noted an interest in confirming 738 Albany Street is on the list of properties to be taken down by the City. She noted she was not aware the Islamic Center had placed an offer on the Brandywine Ave vacant property. She thanked Goose Hill and Mont Pleasant for hosting neighborhood clean-ups. She added, “End Poverty Schenectady” will be hosting a 2nd forum on June 1 at Proctors at 10am, the public is welcome. Mr. Riggi – Reported there is a new appliance business named United Appliance Parts opening up at 2038 Broadway in Bellevue. He added there will be a neighborhood cleanup taking place in Bellevue, gathering at 205 Front Street and to contact Carmella at (372-0036) for additional information. He noted his participation in the Mont Pleasant clean-up and was surprised by the amount of litter collected. He would like to see the SPD enforce anti-littering ordinances and for residents to be aware littering is not ok. He would like to see a coordinated neighborhood wide clean-up. He closed by adding the towing fee is similar to placing a surcharge or fee on having an accident in the city and maybe adding exemptions to the legislation would make it more palatable. Ms. Brucker – Reported the Woodlawn Neighborhood will be hosting its annual neighborhood garage sale on May 18 & 19th. Adding she will be hosting a garage sale as well and encouraged residents to support the Woodlawn Park garage sale which will benefit the park. Ms. Perazzo – Noted her absence at the last Committee meeting and that she has been working to get back up to speed and thanked the Council for their support. She expressed her gratitude for the increase in SICM summer lunch funding which was passed. She thanked all the neighborhood groups for their efforts which are having a positive impact on the city. Mayor McCarthy – Noted the recent tragic fires which occurred in the city over the last two weeks. He thanked the SFD and related city staff for their dedication and service to the city. He noted the fatal fire is an ongoing investigation. Regarding the Brandywine Ave. property he reported there are a number of bids and related interest on the property. He added, the concrete barriers have been placed by the city to preserve the lot and prevent unauthorized vehicles. He reported the city emergency departments have established safety protocols and procedures Schenectady City Council Minutes May 13, 2013 / Page 7 of 7 related to the Cheltingham Bridge closure. He closed by thanking the Council for supporting the CDBG legislation. Ms. King – Read a notice from the Clerk’s office related to a press conference in Mont Pleasant on May 14th at 11am to kick start the code enforcement and neighborhood sweeps related to dog licensing. She closed by reminding the public the next City Council meeting will be on Wednesday, May 29 due to the Monday (Memorial Day) holiday and Tuesday conflict with space availability. ADJOURNED: Seeing no further business to come before the City Council, Ms. King asked for a motion to adjourn the meeting, moved by Mr. Erikson and seconded by Mr. Riggi at 8:13 p.m. A true record By Chad Putman Schenectady Deputy City Clerk

Agenda

OFFICE OF THE CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING May 13, 2013 Room 209 7:00 P.M. 1. (PUBLIC HEARING) Establishing Zoning Regulations for “Halfway Houses.” 2. Amending the Schenectady City Code to Include a Provision for Towing Fees and Fee Schedules 4 Votes 1. By Councilmember (FINAL CONSIDERATION) AN ORDINANCE Abandoning and Discontinuing Paper Streets in the Woodlawn Preserve. 4 Votes 2. By Councilmember AN ORDINANCE amending Chapter 264 – Zoning of the Administrative Code of the City of Schenectady Changing the Zoning Classification on Portion of 515 Kings Road (SBL 60.61-1-3) to R- 3 Multiple-family Residential. 4 Votes -2- 3. By Councilmember A RESOLUTION Making a Negative Declaration of any Significant Environmental Impact Relative to the Rezoning of a Portion of 515 Kings road From R-1 Single-Family Residential, To R-3 Multiple-Family Residential. 4 Votes 4. By Councilmember AN ORDINANCE amending the Chapter 264 – Zoning of the Administrative Code of the City of Schenectady changing the zoning classification of SBL 49.71-5-14 to C-5 Business. 4 Votes 5. By Councilmember A RESOLUTION Making a Negative Declaration of any Significant Environmental Impact Relative to the Rezoning of 1502 Crane Street From C-2 Mixed-Use Commercial, To C-5 Business. 4 Votes 6. By Councilmember (ORIGINAL CONSIDERATION) A RESOLUTION Re- Appropriating Animal Control Related Expenses in the 2013 Budget. 5 Votes -3- 7. By Councilmember A RESOLUTION Adopting the Proposed 2013-2014 Consolidated Plan as the Final 2013-2014 Consolidated Plan. 4 Votes 8. By Councilmember A RESOLUTION Authorizing the issuance of Revocable Permit No. 575 to Vintage Automotive Service for a sign at 46-48 North Jay Street. 4 Votes 9. By Councilmember A RESOLUTION Amending Resolution No. 2013-14. 4 Votes 10. By Councilmember A RESOLUTION Authorizing an Appointment to the City of Schenectady’s Residency Board. 4 Votes 11. By Councilmember A RESOLUTION Approving a Waiver of Interest on Fees owned to the City of Schenectady by the Calvary Baptist Church. 4 Votes 12. By Councilmember A RESOLUTION Waiving City Code Section 186-6(B), “Open Container” for Specified Central Park Festivals. 4 Votes -4- 13. By Councilmember A RESOLUTION Authorizing Bomber’s Burrito Bar to Serve Alcoholic Beverages at a Public Event on July 13, 2013. 4 Votes 14. By Councilmember A RESOLUTION Authorizing Perreca’s Bakery to Serve Alcoholic Beverages at a Public Event on September 7, 2013. 4 Votes 15. By Councilmember A RESOLUTION Authorizing the Van Dyck Restaurant to Serve Alcoholic Beverages at a Public Event on June 22, 2013. 4 Votes 16. By Councilmember A RESOLUTION Recognize the Goose Hill Neighborhood for Its Recent Neighborhood Cleanup. 4 Votes (CONTRACT & SUPPLY) 17. By Councilmember A RESOLUTION Authorizing the Award of Bid and Contract for the “Fuel Management System” to Northeast Technologies, Inc. in the amount of $15,503.

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