City Council

MINUTES OF THE REGULARLY SCHEDULED hlEETlNC OF THE SGHENEGTADU CITY COL'NGIL December 22,2014 The City Council Meeting was called to order by the City Council President Margaret King at 7 9 5 p.m. in Room 209. City Council Chambers at City Hall. Ms. King called upon Rev. Bill Levering to provide the invocation. Ms. King called on Tony Buonome to lead the Pledge of Allegiance followed by a moment of silence. The City Clerk called the roll and the -following members of the City Council answered to be present: Present - Council members, John Ferrari. Margaret King, Ed Kosiur, Leesa Perazzo, Marion Porterfield, and Vincent Riggi Also Present - City Clerk Chuck Thorne, Corporation Counsel Carl Falotico and iMayor Gary McGarthy Absent - Council member John Mootooveren PUBLIC HEARIXGS: 1. Regarding the Local Law Allowing for Best Valure Purchasing Jason Planck, Schenectady - As fimished in writing: "I strongly oppose the Best Value Purchasing as avoids the open and competitive bidding process and affimative action's laws. City has no affimative action policies and procedure in place for open and competitive bidding process for person with disabilities and minori;ties. This city bas no affimative action policies and procedures in place to guarantee rights of the community of fair open process in awards *pq S & u% contracts of city's needs in goods and services. City has not done an economic disparity study to decide in where it need to applied open and fair competitive bidding process. Is the city in process of discrimination or reverse discrimination or underutilization of affimative action goals? Best value purchasing if pass by this city council allows the city to piggyback on any contract in other federal, state, counties and local government without our own city's business of having a shot at the bidding process. One idea was floating around was if New York City had low bid award under this law if pass by this city council the city could piggyback off that contract. The problem is the New Vork City has higher taxes. hi&er cost of living. and shipping cost. Just because lour bidder won doesn? mean we are getting the lotvest price, It also means that our OWM business mi&t not be able to bid on the project because ofno"ification in the bid itself. Some people have said it is a good idea because some mino~tiesand person with disabilities could not win a low bid process in goods Like pens, paper and other office supplies because of alne amount o f volume discount. That is a copout as a business owner you can form pafinership with the b~ggersupply house to get those wholesale or m a n u f a c h ~ n gprices, f i a t is called teamwork and the bigger supply house gets to have doing business with a protected class for the other bids they put in for. Best value purchasing takes the open and cowrpetifve bidding process out of the city council hands puts in a subject evaluation o f who would get the city contract for goods OF semices, Teneka Frost-Amusa, Scheneetady - Char o f the Affimatlve Achaon Advrsory Board. Csm~neretsfrom the December 12,20 14 Publrc Hearing r;cere summarized an a follo\sr up letter. dated January 5,2015,'The AA Board met on December 18,2014 and d~sctrssedthe Proposed Law Pursuant to Chapter 6-7sfthe Scheneckady Crty Code, the AA Board rs charged w;th advising the Mayor cm a14 aspects o f equal oppofiunrty in G ~ t ygoirernment, ancludlng rn the areas  Schenectady City Council Minutes December 22,2014 / Page 2 of 7 of purchasing and contracting. The AA Board has concerns about the Proposed Law as it relates c* to the types of contracts covered under the law and the a&ct this law will have on NUS certified 5 ' 1 MNrBE firms who are in a position to do business with the City. The AA Board understands the purpose of NUS General Municipal Law $ 103 (161, which is to reduce purchase and administrative costs in procuring certain goods, equipment and s e ~ i c e sby having the benefit of piggybacking off of federal and other gove ent procurements. The AA Board supports the City's efforts to maximize cost savings in ng goods and services, however. the AL4Board believes this law should not have a negative impact on NUS certified MWBE firms. The AA Board's first area of concern relates to the fact that the current version of the Proposed Law includes senice contracts such as 'Ijanitorial and security contracts.'TThe ,4A Board believes that awarding these tmes of contracts throu& the best value process will have a negative impact on NYS certified MWBEs. The AA Board believes that the types of contracts covered under the Proposed Law must be limited to those as contemplated by the Office of the State Comptroller ('*OSCm)in order to minimize the negative impact on MWBEs. OSG's guidance suggests limiting the use of best value purchasing to the purchase of "apparatus, materials. equipment and supplies and contracts for senices related to the installation, maintenance and repair of those items." The AA Board recommends that the Proposed Law be amended to limit best value purchasing to contacts related to the purchase of goods and equipment. in accordance with OSG guidance. The second area of concern f i r the AA Board is that, although the Proposed Law and CMLS 103 (1 6 ) allows for a ""qantitative factor for offers that are small and certified MWBEs to be used in the evaluation of best value contracts," the Proposed Law does not identi@ bow MWBE goals will be set on contracts being evaluated under the best value method. The AA Board recommends that the Proposed Law be amended to outline the factors that will be considered in evaluating best value purchases, including how MWBE goals will be implemented as allowed under CML Section 103. The AA Board also recommends that all best value purchase decisions be reviewed by a committee to include the city's affimative actioniequal employment opportur-ritydirector and at least one member of the city's AA Board, The AA Board looks forward to working with the City on this very important law." Seeing no other speakers come forward related to the public hearing, Ms. King declared the public hearing closed. Ms. King asked for a motion to approt-ethe minutes from the December 8, 20 14 Council meetings as submitted by the Deputy City Clerk; Mr. Kcrslur made a motion to appro\ e the minutes, Ms. Perazzo seconded the motion, Official: A letter dated December 23-20 'i 4, from Paul LaFond, Director of Water & Wastewater Sewer Lining Project'" contract be awarded to AAllstate recommending the award ~@'~Cure-ln-Pliznce Power Vac, Inc,  Schenectady City Council Minutes December 22, 2014 / Page 3 of 7 Petitions: None GOltl&%ITTEE REPORTS: Ms. Perazzo, Finance - Noted the recent Regional Economic Development award of S 1.2 million dollars to Metroplex for the redevelopment of the Robinson Block which includes three blocks on State Street near SCCC. She added there was a recent speaker who came before City Council to address safety concems related to the existing Liberty Park in that area. She noted the City is in receipt of $440,000 to go toward improvements of that park which will address some of those concerns. She noted congrahilations to the IDA which successfklly renegotiated a pilot and increased revenue for the City regarding a 45,000 square foot building on McClellan Street near Ellis Medicine. She closed by noting with the award of the casino to Schenectady the Finance Committee will have an active role in discussions ahead. PRIVILEGE OF THE FLOOR (LEGISLATIVE LTEh'IS) Ms. King invited all who wished to address the LeGslative Agenda to come forward: Seeing no speakers come fomard, Ms. King declared the Privilege of the Floor on the Legislative Agenda closed, INTRODUCTION OF AND ACTION UPON LOCAL LAWS, OmINANCES AND RESOLUTIONS: a -4 Mr. Kosiur made a motion that Council approves the Consent Agenda and the motion was seconded by Mr. Ferrari. Consent Agenda - Resolution No. 20 14 - 302 ................................. ..Adopted Unanimously Resolution No. 20 14 - 303 ....................................Adopted Unanimously Resolution No. 20 14 - 304 ....................................Adopted Unanimously Resolution No. 2014 - 305 ........................................ ted Unanimously Resolution No. 2014 - 306 adopted Unanimously Resolution No. 20 14 - 307 .................................*..AdoptedUnanimously Resolution No. 2014 - 308 ............................... A d o p t Unanimously Resolution No. 20 14 - 309 .................................. * A d o p tUnanimously ResoIulion No. 2014 - 310 ................. A d o p t Unanimously Resolution No.20 14 - 31 1 ...................................-Adopted Unanimously Resoiutlon No. 2014 - 3 12 ...................................,Adopted Lnanimously Resolution No.20 14- 3I 3 ...........-.......a*........... .-.*AdoptedUnanimously Resolution No. 20 14 - 3 14 .................................-..Adopted Unanimously Resolution No. 2014 --- 3 15 ................... ...........~zi"ad~ted Unanimously Resolution Yo*20 5 4 - 316 ..................................aL4d~pted UnanimousIy Resolution No. 2024 - CS - 26 ..............................Adopted Unanimously PRIVILEGE OF THE FLOOR: Ms.K ~ n glnri~tedall who wlshed to address the Cnty Cisunc~lon m y matter of City busmess to come font ard. The f0110ri* 1ng speakers rose to be heard and therr remarks are summanzed:  Schenectady City Council Minutes December 22,2014 / Page 4 of 7 Joe Rodriguez, Scheneetady - Noted he last spoke at a City Council meeting in November. In f*- \* - >, / -& follow up he reporled going to court today in an effort to comply with the system. We added his elderly mother was directed by City Court to have the code infpactions corrected by March 4. He asked why an elderly svoman on a fixed income as being put through this. He noted his mother lost her husband last year during a snow s t o m because the ambulallce could not get up the street due to a snow storm. He added the family is not filing a lawsuit against the City as a rcsutt. Me added that his mother had a recent stroke and other family members who have limited incomes and health issues of their own are chipping in to help her comply. He noted the Code Enforcement officer who citied his mother has reportedly failed the test twice and is still employed by the Gity. He asked why is this guy harassing his f m i l y and not citing other properties on the same street. Anthony Gavota, Schenectady - Noted pros and cons related to the casino. Some of the pros he noted include jobs and money as a result of the casino. Some of the cons he noted include the negative impact the casino will have on problem gamblers and .families. He added that people who get Social Security and public assistance are supposed to use that money to pay the rent. But some, he noted will use the money on the lottery and at the casino rather than paying important expenses. We noted the cons outweigh the pros for a casino in the City at this time. He noted the City had earmarked $3-$4 million dollars to help build the casino and that's the wrong idea. He noted the Gity needs more positive ideas and added the City should listen to Council member Riggi because he has good idea that will help the City. Jason Planek, Schenectady - Noted City Council passed a contract worth $2.5 million dollars related to a federal project and there was no documentation related to certificate of apprenticeship. minority contractors and hiring person with disabilities. He noted the $13 million de-- L2 %- dollar constnrction contract for Erie Blvd had the same issue and not one affimative action goal -A w - > e> ; was met on that project. He referenced a 1978 law; section 503 which incorporated new replations this past March. He noted this law calls for a fair minimum of seven percent related to affimative action and hiring persons with disabilities. He noted the New York State legislature passed affimative action under the Human Rights Act of 1974 which has similar requirements and it's unacceptable for the City's legal council to claim they did not know about these requirements. He noted the City has a stronger apprentice program than the state but it is bogus for the Gity to then say it doesn't have to comply with its own program when New Uork State requirements still exist. He noted in the corning months pubtic work contracts for REP'S should come thou& the Council and the Council should make sure these requirements are being met, He closed be adding if the City wants to inrgrove the ~ a l i t o y f life for i t s residents the City needs to offer these type of employment opportunities, Joy Hall, Seheneetady - Noted concerns about pedesrrran safety and the condition of the City streets in the Hmilton Hill area. She closed by wishing everyone a happy holiday, Tom DeLorenzo, Schenecta&y - Noted he i s an attorney and his client owns a business that is run out of property located at 410 Union Sheel, He noted his client has been m&ing payments toward ownership of the property to &he landlord. He noted his client was not aware that the Landlord was not paying taxes to the City and the propedy has since been foreclosed on by the City. He noted communication with the City Law Depament CoLIowI11g the foreclosure with plans for his client to purchase the property h r n the City for $50,000,He noted follow up on title insurance wh.rch is very expensive with the enderstandtng that his claent would take o\vnerslnrp o f the propmy from the C x y . He then reported recewrng a call from the Cnty Law dep;arkrnm"&and was rnfomed there was another offer OM the propee;. He then quese~onedthe approperateness ofehls pracklce wnth regards to the 431ty. He noted h ~ s elrent has ~nvriestedmore  Schenectady City Council Minutes December 22,2014 1 Page 5 of 7 &- than $25,000 in maintenance costs into the property. some of which was required by Code $ Enforcement. He closed by asking why the City did not glve appropriate consideration to his k&z clients offer. M a r y B'lcClaine, Schenectady - "I said it before and I will say it again, there is nothing wrong with the City of Schenectady. The problem lies in this chamber on the Council's side of the railing when members vote and pass legislation, The trade's union contract is a pedect example. First, the contract specifically involved couples who work for the city. Members of Council in such a position should have recused themselves from voting. As a taxpayer I saw the matter as a conflict of interest. That was the intent of my comments at the last meeting. A trade union contract today. Another union discipline tomorrow because Council has now opened the door to new give-aways. If a union member doesn't want to work for the City, he or she is free to find emplopent elsewhere. You don't hand them a $4,000 a year lifetime bonus to stay on the job. Council was wrong kvhen it voted yes for the trade union contract because it made an unnecessary new expenditure for the taxpayer, gave its members more pork and it was a quid pro quo Eirr endorsements. Special interest goups do not endorse candidates on good looks. Folks, out there in T.V. land a vote for a democrat is Schenectady is a vote against yoursell: I also want to respond to the c o m e n t s made during miscellaneous business. A Council member asked, ""what do you say to a child who is disturbed by an event?" My answer; Don't put yourself in that position if you are not academically qualified to handle it. That" swh at learned in psyche class, As for dialowe between the police and community, the Council woman was the agitator, After her llppointment to Council she illegally crossed a crime scene. Her accomplice was anested. The policeman k t her go. She said they didn't recoglize her. Now she wants diaiogue. Lastly, she said, "ethicity doesn't matter. It mattered to her when she selected members to the Affirmative Action Committee, It mattered to her when she wanted an appointment to a Council seat. She thought she was entitled to it because her skin was a difkrent color. One does not need a black skin to represent the black co nity. Only sincerity is necessary. When I lived in Virginia, I was a camp counselor for black children from the inner city. Some days I was the only white person on the bus. If the Councilwoman lives to be 100 years old she will never achieve my experience and I am the richer for it!" Seeing no other speakers to come bel'ore the City Council, Ms. King declared the Privilege of the Floor closed regarding City Business, LMZSGELLANEOIISBUSINESS OF THE 6 0 U N 6 2 L Mr. aggi- A~~nouneed that the monthly Bellewe Presen ation Leame meeting will be taking place on January 8 at 7:00p.m, at Sf, Paul's Church, He noted the speaker i s to be announced. He then wished everyone happy holidays, He briefly reflected on his fears for the safety of public safety officials foLlotving recent tragedies, He noted i t 9 siirrzporlant for all o f us to count our blessings and to stay safe over the holidays, 59s. Perazzo ---- Noted a recent Letter to the editor regarding a City employee who helped a fellow resident. She noted the City and its staff is always doing more wit11 less. She added the City has a tren~enduuscrew and she thanked them for their service. She then congablaled the Mayor on the recent demolition of bli&ted properly on Cutler and Albany Street. Regarbing the casino announcement she noted ongoing conversation is important, She added she has received feedback related to concerns and celebration related to the recent announcement. She then wrskred e\esyo13ehappy holidays and noted this can "a e challenging time o f year for some, Schenectady City Council Minutes December 22, 2014 i Page 6 of 7 Ms. Porterfield - Noted two weeks ago she spoke during miscellaneous business of the Council related to relations bct\veen poiice and the community of color. She noted violence is not the answer and she extended her condolences to the families and colleague of the NYPD officers tvho recently died in the line of duty. She then noted she would support proposed legislation by Assembly member Jim Tedesco regarding the installation of bullet proof glass in police vehicles. She noted she would like to see the Schenectady City Council pass a letter of support related to this le@slation. She then clarified she wasn't arrested and released related to c o m e n t s from an earlier speaker. She then asked residents who believe in prayer to remember those who are experiencing difficult times during this season. She closed by wishing everyone happy holidays and a prosperous new year. Mr. Ferrari - Wished everyone a happy holiday. He then tha&ed the Mayor for keeping his promise regarding the demolition of the blighted property on Cutler Street. He added the demolition is an improvement to the nei&borhood. Mr. Kosiur - He wished everyone happy holidays. He then noted it will be a prosperous new year with the recent casino award to the City of Schenectady. He then thanked everyone involved with the successful bid for the casino in the City. He noted d e t h e r you are for or against the casino he noted it is important to work together. He added the casino will be a benefit to the City, school district and the county. He noted with recent layoffs at the school the additional knding will be important. He noted the municipal housing authority recently hosted a fundraiser for a City family who experienced tragedy. He noted he attended this successful community event. He then noted the Toys for Tots program has been a success. He added that Council member Marion Ponerfield and tihe Schenectady Fire Department were at a recent breakfast at the Hibernian which was sponsored by the Youth Bureau. He noted the event served nearly 200 breakfasts to area youth. He thanked all those involved with Toys for Tots and noted the families served by the program are very grateful. Mayor MeCarthy - Reflected on prior comments &on1Mr. DeLorenzo related to property sales. He noted the final decision rests with the City Council. He noted the recent excitement related to interest in City property with offers and counter offers. He noted the overall goal of the HOMES program is to bring about long-term value to the Cities neighborhoods. He then reflected on other investme~ltsand collaborations including a $1 million investment by Capital District municipalities related to pedestrian safety on route 5. He noted the hvestment includes special attention on the intersection of State and Brandwine. We added the City is fortunate to receive the desigation for one of the casinos in New York State, He noted the a~iardis proof that Schenectady's proposal is world class, He noted the casino award includes a $300 million dollar deal which will have s i ~ i f i e a n timpact on City staff related to pemitting and eonslruction. He noted the City staff will rise to the challenge. He naked the City was able to take down two inore houses which are the worst o f the worst with the 108 loan hnding* He noted the City i s serious about getting sld o f bli&t, but at the same time i s marketing to the community regarding available properties. He closed by wishing everyone happy holidays. Bts. Kng - Noted there has been a lot of exciting developments for the City related to the casino award and lower state street development. She closed by wishing everyone happy holidays, Adjourned: Seeing no fkrther busmess to come before the Cnty Coimc~l,his, MIMYasked for a ~hl0kl011to sdjotlrn the meek~ng.The mot~onwas moved by %I"rKosrur 9nd secoslded by ,aY4rFenan and the meetrng adjourned at 7.53p,m. Schenectady City Council Minutes December 22,2014 / Page 7 of 7 By Chuck Thorne Scheneetady City Clerk