City Council

MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE SCHENECTADY CITY COUNCIL May 12, 2014 The City Council Meeting was called to order by the City Council President Margaret King at 7:09 p.m. in Room 209, City Council Chambers at City Hall. Ms. King called on Rev. Bill Levering with the First Reformed Church who provided the invocation. Ms. King called on Marva Isaacs 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 Carl Erikson, Margaret King, Ed Kosiur, John Mootooveren, Leesa Perazzo, Marion Porterfield, and Vincent Riggi Also Present –City Clerk Chuck Thorne, Corporation Counsel John Polster and Mayor Gary McCarthy At this time Ms. King introduced representatives from the Steinmetz Career & Leadership Academy to present on programs available at the academy. Youth involved in each program gave a brief description about the program and why they chose their particular track. At this point, Ms. King asked if there were no objections, she would like to take agenda item number 1 & 13 out of order. There were no objections. Resolution No. 2014 – 112 – A Resolution Recognizing Schenectady High School Youth. A representative from the Steinmetz Career & Leadership Academy noted his student Brenda Parker is in receipt of the New York State Vanguard Award and is well deserving of this resolution by the City Council. Ms. Parker extended her gratitude for the recognition by the Mayor and City Council. The resolution was moved by Mr. Kosiur and seconded by Mr. Mootooveren. The resolution passed unanimously. Local Law No. 2014 – 01 – A Local Law Renaming a Portion of Norwood Avenue after Mike Maietta. Tony Buonome & Mr. Maietta’s daughter Mary Ellen extended their gratitude to Council member Mr. Riggi for all his efforts related to the street re-naming project. They also extended their gratitude for the support by the Mayor and City Council. The resolution was moved by Mr. Riggi and seconded by Mr. Erikson. The resolution passed unanimously. PUBLIC HEARINGS: 1. Relative to the Proposed Revisions to Chapter 248 of the Code of the City of Schenectady Regarding Parking Meters. Joseph Kelleher, Schenectady – Noted the new kiosks will be an additional burden on the tax payers. He noted concerns about the kiosks expanding to the Upper Union Street business district and driving away customers. David Giacalone, Schenectady – Noted he did not receive the proposed City Code changes in time to prepare for his public hearing comments. He would like to see language in the proposal that would prevent extended parking and would ensure adequate turnover of parking spaces. Schenectady City Council Minutes May 12, 2014 / Page 2 of 8 Seeing no further speakers come forward, Ms. King declared the Public Hearing closed. APPROVAL OF MINUTES: Ms. King asked for a motion to approve the minutes from the April 28, 2014 meeting as submitted by the Deputy City Clerk; Mr. Kosiur made a motion to approve the minutes, Ms. Perazzo seconded the motion. COMMUNICATIONS: Communications Presented to the City Council for Monday, May 12, 2014 Official: From the Mayor a list of appointments dated May 12, 2014. General: None Petitions: A petition containing 51 signatures from Emmett Street Residents protesting the opening of a Convenience Store at 865 Emmett Street. COMMITTEE REPORTS: None PRIVILEGE OF THE FLOOR (LEGISLATIVE ITEMS) Ms. King invited all who wished to address the Legislative Agenda to come forward: Jason Planck, Schenectady – Noted concerns related to the CDBG proposal. He noted the Affirmative Action Officer has a conflict of interest. He added the Erie Boulevard Project did not meet the standards related to hiring minorities and persons with disabilities. He asked if the CDBG funding is a slush fund. He closed by noting the five year plan will be due next year and it would be prudent for the City to conduct public hearings. Peter Stoll, Schenectady – Noted he has been with Habitat for Humanity for 20 plus years. He noted the organization has completed 43 homes and created new tax payers for the City. He noted his full support of the funding allocation as noted on the CDBG proposal. Daniel Smith, Schenectady – Noted he is the Site Selection Chair for Habitat for Humanity and the requested funding will help supplement a program in partnership with YouthBuild Schenectady. The plan is to build two houses were currently three exist. The project will include demolition and construction. He noted the project will utilize volunteer and contract labor in partnership with the City when putting required items out to BID. Charles Becker, Schenectady – Noted the benefits of the partnership between YouthBuild and Habitat for Humanity. Adding the program seeks to support YouthBuild in helping program participants cultivate employable skill sets. He noted Habitat will supply the supervision and structure while the youth will get a stipend for their work. He noted the program has an 82 Schenectady City Council Minutes May 12, 2014 / Page 3 of 8 percent GED graduation rate which equips the youth with knowledge in math and science. He noted the program prepares youth to go on to college and employment. Joe Kelleher, Schenectady – Noted concern related to CDBG funding allocation of $426,000 to pave a half-mile stretch of road. He noted he misspoke at the last Council meeting and his research found one-half mile of road can be repaved at the cost of $1.25 per square feet at a total cost of $198,000. He asked why the budget for the half-mile incorporated in the CDBG proposal is twice as much. He then noted the Eastern Avenue and Nott Street (old DSS building) properties are currently under the IDA and not on the tax rolls. He noted this is a concern when the Nott Street property is owned by a private company. Regarding number 12 on the agenda he noted he was able to find very little information related to the requested resolution of support for the Property Relief Act of 2014. Seeing no further 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: Mr. Kosiur made a motion that Council approves the Consent Agenda and the motion was seconded by Ms. Perazzo. Consent Agenda – Ordinance No. 2014 – 15 .......................................Adopted Unanimously Resolution No. 2014 – 113 ....................................Adopted Unanimously Resolution No. 2014 – 114 ....................................Adopted Unanimously Resolution No. 2014 – 115 ....................................Adopted Unanimously Resolution No. 2014 – 116 ....................................Adopted Unanimously Resolution No. 2014 – 117 ....................................Adopted Unanimously Resolution No. 2014 – 118 ....................................Adopted Unanimously Resolution No. 2014 – 119 ....................................Adopted Unanimously Resolution No. 2014 – 120 ....................................Adopted Unanimously Resolution No. 2014 – 121 ....................................Adopted Unanimously A Resolution Adopting the 2014-2015 Consolidated Plan 2014 – 122. The motion was moved by Ms. Porterfield and seconded by Mr. Kosiur. 4:3:0 Voting AYE: King, Kosiur, Perazzo and Porterfield Voting NAY: Erikson, Mootooveren and Riggi Mr. Riggi– Noted the need for open meetings and expressed concerns about illegal meetings that took place with the other Council members but did not include him. He added concerns related to potential conflicts of interest regarding current Council members and their affiliation with organizations receiving CDBG funding in this proposal. He asked those with potential conflicts of interest to identify as such. He noted the process is flawed and he will not be voting in favor of the resolution. Schenectady City Council Minutes May 12, 2014 / Page 4 of 8 Mr. Erikson – Noted his opinion that the funding allocated to Habitat for Humanity should go to the Land bank. He recognizes the Land Bank is not a 501 c-3 and therefore not eligible for CDBG funds, however the opportunity to address the concern is a matter of City policy vs. Federal regulations. He is also aware the Council is in receipt of a letter from the Land Bank which indicates they are not requesting funding at this time however he reports the letter conflicts with conversations he has had with individuals associated with the Land Bank. He noted there seems to be a lot of political pressure and that the funding allocation is a lot of money for two houses. He noted phone contact with a Habitat for Humanity board member who had reported the former Executive Director was let go due to overspending. Mr. Kosiur – Noted concerns about expressed allegations of overspending by Council member Erikson regarding the Executive Director of Habitat for Humanity. He noted Habitat is a great organization and in partnering with Youth Build will help young adults obtain a GED and work experience. He then addressed Council member Riggi and noted he had an opportunity to engage in public discussion related to CDBG funding while the legislation went through Committee. He then reported the Schenectady County Youth Bureau is an applicant for CDBG funding. He noted the application has been re-assigned to the Commissioner of the Department of Social Services, Denis Packard and he relinquished the application to the Commissioner when he was appointed to the City Council. He noted the Youth Bureau does not receive any funding nor is his salary subsidized by CDBG funding. He closed by noting previous issues related to youth activities in the parks have been resolved as a result of the Youth Bureau program. Ms. Perazzo – Noted the funding referred to during legislative comments regarding repaving a half-mile of City Street was moved into the general paving fund in an effort to secure better pricing. Regarding City policy she advised Council members not to wait until the 11th hour to suggest changes to City policy. She also noted last year the Council did not approve requests for funding to organizations that did not apply. As such she noted although she would support funding for the Land Bank they did not apply this year and therefore should not be eligible. She noted she does not sit on any boards that would be receiving any CDBG funding. Regarding the dismissal of the Habitat for Humanity Executive Director, she noted it is a private matter for the board to make a statement on. She closed by noting Youth Build and Habitat for Humanity are both strong organizations which is why they are receiving funding. She noted McTap needs to build organizational strength and continue fundraising in order to make for a stronger application for CDBG funding next year. Ms. Porterfield – Noted she sits on the board for the Hamilton Hill Arts Center and after talking with her attorney, given the position is not paid, she does not have a conflict of interest related to the CDBG funding allocations. She noted the process is not perfect related to CDBG funding allocation however she encouraged ongoing discussion and possible public hearings to identify possible solutions. She noted if the information related to the proposed CDBG funding proposal was available sooner more feedback can be collected. Regarding the dollars allocated to the City related to CDBG funding she noted those funds are based on demographics and the funds need to be spent as such and cannot be moved around without limitation. Mr. Mootooveren – Noted he would like more time to review the CDBG funding allocations and he has concerns related to duplicate services. He would also like to review guidelines for next year. He noted concerns regarding $56,000 of the CDBG funding not being used and he encouraged organizations to consolidate. Schenectady City Council Minutes May 12, 2014 / Page 5 of 8 Ms. King – Noted she does not have a conflict of interest related to the CDBG funding proposal. A Resolution in Support of the NYS Abandoned Property Relief Act of 2014 - 2014-123 The motion was moved by Ms. Perazzo and seconded by Mr. Kosiur. 6:0:1 Voting AYE: King, Kosiur, Mootooveren, Perazzo, Porterfield and Riggi Voting NAY: None Present: Erikson Ms. Porterfield– Noted she was able to review information related to the proposed resolution of support from an outside source and not from City Hall. Mr. Erikson– Noted he was not supplied with more information related to the resolution as he requested at the Committee meeting on May 12th. He noted he is not against the resolution however will be abstaining from the vote. 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: Frank Wicks, Schenectady - Noted concerns related to the previous neighborhood corner store City sweeps initiated by the Mayor. He noted the sweeps found no serious violations. He added, Mr. Favio is a small store owner in operation for 25 years. He noted the picture in the paper implied bad things are happening in these small stores and the Mayor should apologize. Marva Isaacs, Schenectady – Noted she attended a training held by the New York State Governor related to Citizen Preparedness in the event of natural disaster or crises. She noted City residents are not aware of this initiative or training and they would benefit from it. She closed by urging the City to host a Citizen Preparedness training. Joe Rodriguez, Schenectady – Noted he has received word that Moyston Street is on the list of City streets to be repaved this year. He noted they have also received word the traffic signal at the corner of Albany and Brandywine will be amended to increase pedestrian safety. He noted the Mayor is a great man and that he is taking care of business. Regarding the Casino he recalled the development of Casinos in Atlantic City. He thinks a Casino in Schenectady would help with job growth and would be a benefit to the City. Bonita Cade joined Mr. Rodriquez and added she is grateful to the City for taking action to improve pedestrian safety on the corner of Albany and Brandywine. Jason Planck, Schenectady – Noted concerns related to road work and access for persons with disabilities. He added Federal Law mandates that the City addresses access issues for persons with disabilities when resurfacing or constructing roadways. He noted the Hamilton Hill community can’t access sidewalks due to the lack of curb cuts. He noted the City is cutting back on cost when resurfacing and not complying with access requirements for persons with disabilities. Regarding property assessment and grievance he encouraged residents to follow up with the City Assessment office. He noted there should be no reason why residents in Woodlawn, Hamilton Hill, Central State and downtown neighborhoods would not be eligible for a reduction. In follow up to a request by some of the City Council members he has identified organizations and groups that serve persons with disabilities in the Schenectady area. He Schenectady City Council Minutes May 12, 2014 / Page 6 of 8 encouraged the City Council President to invite the Schenectady ARC in October, in conjunction with Disability Employment Awareness Month, to present as part of the monthly series. He then handed out flyers from the Schenectady ARC. He closed by asking the City to host public hearings related to the CDGB funds in September. Bharath Arjoon, Schenectady – Noted concerns related to Emmett Street where he resides. He referenced a petition turned into the City Council containing 51 signatures from Emmett Street residents protesting the opening of a convenience store at 865 Emmett Street. He noted concerns that the proposed store will sell alcohol and cigarettes and will thus have a negative impact on home values on the street. He noted homeowners are considering leaving the street due to recent zoning changes which now allow for commercial property use. He noted residents had a bad experience with the old deli that burned down. He asked the Council to pull permits for commercial use on the street and asked why the City did not notifying residents of the zoning change. He noted there is also a school one block away and a convenient store would thus endanger youth. He then requested a copy of the application submitted by the commercial property owner. He reported the Development office is reporting the variance is only for a deli and not a convenient store. Joe Kelleher, Schenectady – Noted concerns related to the appointment of a Deputy Assessor with a salary of $50,000 per year. He noted he has been unable to locate the credentials for the person being appointment and understands this new staff person is being trained by the interim assessor. Regarding the Affirmative Action Advisory Board, he advised that diversity be maintained and that City residents take precedent. He noted that he speaks as a resident of the City of Schenectady and as a tax payer not as a candidate for City Council. He noted public funds are being misused and the public has a right to know. He added a lot of things happen behind closed doors and he encouraged residents to ask questions and to be informed. He closed by recognizing veterans and thanked them for their service to our country. David Giacalone, Schenectady – Thanked the City Council who have not been pushed or rushed on the covert casino. He noted all you are hearing is from the development cheerleaders and business men who are looking to partner with the casino. He noted in 1996 the NYS Gaming Task Force issued a report and warned about stand alone casino’s having a limited service area. The report also warned of potential crime problems including prostitution, pan-handling and purse snatching. He noted Schenectady is not desperate enough to resort to housing a casino and if you look behind the big casinos in Atlantic City you will see the neighborhood is not doing so great. He noted if the casino were to be located near the Stockade district there are specific protections for that neighborhood meant to preserve the quality of life. He noted the majority of the Stockade and East Front Street residents voted no on the statewide casino initiative. 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 Ms. Perazzo – Noted a correction that the DSS building was not sold for a dollar but rather $200,000 which is a matter of public record. Regarding the $56,000 in the CDBG legislation she noted it is a line item allocated for a possible interest payment from 2013. She added if the payment is not required the funds will be relocated by the City Council. She then congratulated the Water & Wastewater Department staff and Mayor for the recent recognition by the Conference of Mayors on the 2nd place award for its heat and water project. She added the City installed a particular generator which has saved city taxpayers $350,000 annually. She noted there will be a course in self defense at the Hibernian on June 7 and 21 at 1pm with the owner of Schenectady City Council Minutes May 12, 2014 / Page 7 of 8 Michelle Wae’s Tae Kwon Do. For more information you can contact her. In closing she noted the Give Graffiti the Brush program is active again and was in Mont Pleasant over the weekend. She noted there is more work to be done. Mr. Erikson – Noted the Council meeting started out well with a presentation by the youth enrolled in the Steinmetz Career & Leadership Academy. He noted comments shared by the youth related to mentoring and persistence. Later in the Council meeting the idea of persistence was highlighted by Mr. Riggi related to Mike Maietta who was an inspirational coach. He then thanked the teachers and coaches who continue to act as role models and mentors for area youth. Ms. Porterfield – Congratulated the youth who presented with the Steinmetz Career & Leadership Academy and Brenda Parker on her recent award. She noted the Capital Loan Fund now has an office on Albany Street and is planning a Spring Tour on May 21 at 4pm. The tour will highlight affordable housing sites and make stops at the Community Justice Center among other sites. This will be an opportunity to learn more about the work of the Community Loan Fund. She then noted local job opportunities for college students starting at $13.50 per hour working first, second and third shifts. For more information students can contact her. Mr. Kosiur – The Chamber and Schenectady Youth Bureau are working together to employ youth over the summer. The organizations have received over 600 applicants but the program can only accommodate 200 due to limited funding. He noted the Mayor and Niskayuna Town Hall are also helping out with the program and others can get involved by contacting the Chamber of Commerce. He noted a reminder the school budget and school board vote will take place on May 20 and it’s important for residents to vote. He noted the budget has a 2.5 percent impact on the tax levy and due to the actions of the State Legislature there is the option for a tax rebate for those enrolled in the Star program. He noted the Woodlawn Neighborhood Association will be hosting the annual garage sale on May 17th and 18th and he encouraged residents to come out and do some shopping. He noted the Schenectady County Legislature will be establishing the County as a Purple Heart County this cycle and he would like to see the City take on a similar initiative next cycle. He closed by thanking the Steinmetz Career & Leadership Academy for the presentation and the refreshments. Mr. Riggi – Extended his gratitude to the students with the Steinmetz Career & Leadership Academy for the presentation and refreshments tonight. He noted an observation in follow up to the prior Claims Committee in which he read in the paper a notice of claim was filed against the City regarding a sexual harassment suit. He noted the City Council should be made aware of such claims before reading about it in the paper. Mayor McCarthy – In response to Mr. Riggi he noted the claim came out late in the day which did not leave time to notify the Council. He added the pending law suit is an allegation and it is the practice of the City not to comment on pending lawsuits. Regarding earlier remarks related to the placement of parking kiosks on Upper Union Street is simply not accurate. He noted a fire at 822 State Street and the property is in the process of being demolished in an effort to maintain the integrity of the neighborhood. With regards to the Land Band he noted the group put in a weak application which hinders efforts to collect funding to grow the program. He noted multiple programs are working together to improve neighborhoods and address blight in the City. He noted his appreciation of the Council’s cooperation and he asked Council to contact him with questions or concerns related to City business. Ms. King – Noted the next City Council meeting will be on Wednesday, May 28 due to schedule conflicts for the Council Chambers and the Memorial Day holiday.  OFFICE OF THE CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING MAY 12, 2014 1. PUBLIC HEARING Relative to Proposed Revisions to Chapter 248 of the Code of the City of Schenectady regarding Parking Meters. 1. By Councilmember Mr. Riggi FINAL CONSIDERATION A LOCAL LAW Renaming a Portion of Norwood Avenue after Mike Maietta 4 Votes 2014 - 01 2. By Councilmember Ms. Perazzo AN ORDINANCE Establishing a Moratorium on Convenience Stores 4 Votes 2014 - 15 3. By Councilmember Ms. Porterfield ORIGINAL CONSIDERATION Roll Call: 4:3:0 A RESOLUTION Adopting the AYE: King, Kosiur, 2014-2015 Consolidated Plan Perazzo, Porterfield NAY: Erikson, 4 Votes 2014 - 122 Mootooveren, Riggi  -2- 4. By Councilmember Ms. Porterfield A RESOLUTION Authorizing an Agreement Regarding the Oak Street Bridge 4 Votes 2014 - 113 5. By Councilmember Mr. Riggi A RESOLUTION Authorizing the City to Enter in to a Consent Order with the NYS Department of Environmental Conservation 4 Votes 2014 -114 6. By Councilmember Ms. Porterfield A RESOLUTION Calling for a Public Hearing Regarding the New York State Consolidated Funding Application 4 Votes 2014 - 115 7. By Councilmember Mr. Riggi A RESOLUTION Authorizing an Inter-municipal Agreement with the Metroplex Authority and the Schenectady IDA relative to a number of Eastern Avenue Properties. 4 Votes 2014 - 116 8. By Councilmember Mr. Riggi A RESOLUTION Authorizing the City of Schenectady to Settle a Claim by Michele L. LaDuke 4 Votes 2014 - 117  -3- 9. By Councilmember Mr. Riggi A RESOLUTION Authorizing the City of Schenectady to Settle a Claim by K. Chace Larzelere 4 Votes 2014 - 118 10. By Councilmember Mr. Riggi A RESOLUTION Authorizing the Settlement of a Claim brought by Mark Lynch 4 Votes 2014 - 119 11. By Councilmember Mr. Riggi A RESOLUTION Authorizing the Settlement of a Tax Certiorari concerning 202 Front Street. 4 Votes 2014 - 120 12. By Councilmember Ms. Perazzo A RESOLUTION in Support of the NYS Abandoned Property Roll Call: 6:0:1 Relief Act of 2014 AYE: King, Kosiur, Mootooveren, 4 Votes 2014 - 123 Perazzo, Porterfield, Riggi Present: Erikson, 13. By Councilmember Mr. Kosiur A RESOLUTION Recognizing Schenectady High School Youth 4 Votes 2014 - 112 13a. By Councilmember Mr. Kosiur A RESOLUTION Recognizing Gail Van Valkenburgh. 4 Votes 2014 - 121