City Council

RIINETES OF THE REGULARILY SCHEDULED MEETING OF THE SCHENECTADY COUNCIL May 27,2015 The City Council Meeting was called to order by the City Council President Margaret King at 7:08 p.m. in Room 209, City Council Chambers at City Hall. Ms. King asked for a moment of silence. Ms. King then called on Council Member Marion Porterfield 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: John Ferrari, Margaret King, Ed Kosiur, John Mootooveren, Leesa Perazzo, Marion Porterfield, and Vincent Riggi Also Present - City Clerk Charles Thome, Corporation Counsel Carl Falotico and Mayor Gary McCadhy At this point, Ms. King invited Paul Fahey with the Schenectady County Visitor Association (SCVA) to address the Council related to the screening of a Schenectady County promotional video. PUBLIC HEARINGS: None APPROVAL OF MINUTES: Ms. King asked for a motion to approve the minutes from the May 11,2015 Council meetings as submitted by the Deputy City Clerk; Mr. Ferrari made a motion to approve the minutes, Mr. Kosiur seconded the motion. Communications Presented to the City Council for Mondav May 27,2015 Official: From the Mayor a list of appointments dated May 27,201 5. Generat: None Petitions: None Slaricrr?Porterfield, Health & Reexation - Noted the Recreation Advisory Commission has completed i t s assessments of City parks. More infomation related to the outcome of the assessments Is be announced, Leesa Perrazcr, Finance - a'oted .,%recornm~tteeret~~etved the 2014 tndependent audrt report and she thanked C1t3 personnel for. the~rtime and efforts related to the successful audit. She added the City has recert ed a clean report for the lase two years. She noted that the F~nanceCornrn~ss~oner requested an Schenectady City Council Minutes May 27,2015 / Page 2 sf 6 amendment to the 2015 budget to fully pay on 201 5 retirement benefits. She noted the finances of the City have improved along with our ratings and she is proud of the City's current financial position. Leesa Perazzo, Government Operations - Noted the Housing Standard Review Board proposed ordinallce changes have received much attention and discussion by the City Council. She noted the follow up has lead to a positive outcome. PRIVILEGE OF THE FLOOR (LEGISLATIVE ITIEillIS) Ms. King invited all who wished to address the Legislative Agenda to come forward: Steve Maruarm, Schenectady, NU - "I am a member of SLIC, Scheneetady Landlords Influencing Change. Tonight, we ask the City Council to vote no on the Housing Standards Review Board revision as currently proposed. As it stands, the revision does not provide this board the necessary structure and backbone to assure a balanced and reasonable forum for code violation disputes. We feel that there needs to be a rnore definite, effective purpose spelled out, along with specigc guidelines stating how this board will hnction. The following points of infomation should be specified in writing. ( I ) How the public is informed of the atrailable process. (2) Factors detemining what cases might be eligible for a hearing and review. (3) Rules of application. (4) Possible expectations and results. We concw that Health and Safety issues should be flagged and require proper and expeditious handling. The board's application process and determinations should be set up to reflect any urgency of this nature. Several times during past public Council sessions on this topic it has been stated that an "appeals process is built in". Exactly where is that written? Does the word "appeals" appear anwhere in the "notice of violation"? Recipients of code letters have expressed concerns about the strong, intimidation language and what seem to be unreasonable fines, fees and/or time frames dictated. The knowledge of the ability to appeal to this board would provide some sense of relief knowing that there rnight be a neutral listening ear with possible help in determining a fair resolution. We would like to sight four examples of cases for board review. Case 1 - A landlord received a violation re; bedbugs. Because he already knew of the problem, he had begun treatment of the situation through an exterminator prior to the date of the violation. He provided documentation showing the remediation process and compliance. In the upcoming weeks. despite his time and effort, circumstances and missteps by code caused tbis landlord to have to go to court a n F a y and deal with rnore loss of work time plus more aggravation and hstration, Case 2 is next-.*'* Chris Morris, Scheneetady, NV --- Director of SL16 - "To continue with our cases.. . Case 2 - A homeowner on Bedford Street in Sehenectady received trvo Letters fiorn code in May of 2014, One notice ofviolation was L"or not having rental cg-slificaces for his property;the other was forneeded porch repairs. As the facts played out, the rental cedifieate violation was In error because the owner and his wi& were the only occupants for the past nine and a half years md the porch issues were something he was in the process o f addressing, but went through nine days o f pernit and scheduling challenges with code to satisfy requirments, He submitted the following letter to his lawyer seeking advice and expressing upset with code tactics, (Read Letter) Also o f interest are some excerpts from his two-page document entitled. ""My code experience"', 1 was constantly going back and forth between home and the gemit office SIX times In all. Thank Cod I'm retired and still dfiriing, It's no wonder some prropefly owners decide to abandon their houses, Xfiher a %bile the code .iiolatrun fines repair costs and pem~ittingagga-arationsaren't ~vorthif, Better to motre to Florida or Arizona and forget it. The ertril service title o f code enforcerneat officer bas gone to their heads, They act Scheneclady City Council Minutes May 27,2015 1 Page 3 of 6 like accusers, judges and prosecutors not helpful civil servants. I object to the notices (posted on my fiont doors) and their language and the presumption that I was a criminal, And on that note we say how you are made to feel often deternines bow you react and how logically and success-firlly you can deal with a sihration. A review board can only be et'fective and worth having if it can help stirnulate. encourage and facilitate compliance in the often difficult sihrations with code. The next cases are to follow.. ." Bonnie Treat?Schenectady, NU - Noted her and her husband are landlords and members of SLIC. She noted in the past they could have benefited from the Housing Board. She then shared examples of interactions with the Code Enforcement office with one ending in her husband paying a fine. She noted the other situation occurred more recently related to an abandoned building and when they attempted to meet with the director of the Code Enforcement office Mr. Shilling was not available. She noted the repairs were done within the 30 day period with the exception ofthe painting which was addressed shortly after. She noted they were then notified of verbal violations and that the case was being referred to the Law Department. After receiving a letter of compliance from the Code Enforcement office they were notified by Corporation Counsel that the fines and fees were rescinded. She noted if there was a built in appeals program in the Code Enforcement office she is not sure what that would. She added tax payers need a review board to help solve their problems without the need to go to the Law Department. She closed by noting the review board has no teeth, structure or authority as it is currently written. P.D. Voorhis, Schenectady, NU - Noted that she does not know were 220 Jay Street is located despite having lived on Jay Street for more than a decade. She questioned the appointment of Sara Bonacquist who is reported to live at that address. She added it would be important for the individuals being appointed to the City boards and committees to be present at the Council meeting so that residents can meet them. She noted any of the boards or committees that the City host should be posted on the internet in the appropriate place. She added it would be beneficial to have at least one City Council member on each of the boards and committees. She noted the Jay Street fire is going to cost $4.5 million dollars and the Erie Blvd is going to be another $1.5 million dollars. Regarding the waver of interest is noted the practice is contrived. Regarding #4 on the agenda she noted the City is getting to many PILOT p r o g a s which need to be explained h&her. Seeing no other speakers come Coward, Ms, King declared the Pr;vilege of the Floor on the Legislative Agenda closed. ENTRODUCT10N OF AND ACTION UPON LOCAL LA%VS,ORDINANCES AND RESOLUTIONS: Mr. Kosiur made a motion that Council approves the Consent Agenda and the motion was seconded by Mr. Ferrari. Consent Agenda - Ordinance No, 20 OL 5 - 06 ...................................... ~ A d e Unanimously Ordinance No.201 5 - 07......................................Adopted Unanimously Resolution No.201 5 - 127 ................... . ............Sdopted UnanimousYy Resoiution No.20 15 - 128 ................................ adopted Unmirns-arsPy Resolution No, 2055 - 129 ...................................a. 4 d o p t e bnanimousfy Resolution KO. 2015 - 130 adopted LJnanimsusly Schenectady City Council Minutes May 27, 2015 1 Page 4 of 6 Resolution No. 201 5 - 131 ..................ad oped adopted Unanimously Resotution No. 201 5 - 132 ................................. Adapted Unanimously Resolution No. 2015 - 133 ....................................Adopted Unanimously Resolution No. 20 15 - 134 ....................................A d o p t Unanimously Resolution No. 20 15 - 135 .................................... Adopted Unanimously Resolution No. 201 5 - 136 ....................................Adopted Unanimously Resolution No. 201 5 - 137 .......................... Adopted Unanimously Resolution No. 20 15 - I 38 ................................ .,Adopted Unanimously Resolution No. 20 15 - 139 ....................................Adopted Unanimously Resolution No. 201 5 - 140 ................................... Adopted Unanimously Resolution No. 20 15 - 141 .................................. Adopted Unanimusly Resolution No. 201 5 - 142 ....................................Adopted Unanimously Resolution No. 20 15 - 143 ....................................Adopted Unanimously PRIVILEGE OF THE FLOOR: Ms. King invited all who wished to address the City Council on any matter of City business to come fonvard. The following speakers rose to be heard and their remarks are summarized: Anthony Carota, Schenectady - Noted after the assault incident occurred at SCCC a reporter with Chan~lel6 asked the City's Safety Commissioner about the safety of City residents. He added, the Commissioner reported, there are none. He noted there was an individual who was breaking into residence's homes and performed lewd acts in front of children, He noted a friend did a video outside of City Hall related to Code violations including broken windows and uneven sidewalks. He noted these infractions are all over the City as well. He added this occurs while Code Enforcement is targeting residents with similar violations. He noted the City has serious issues that need to be taken care of including homelessness. Jason Planck, Schenectady - Noted two weeks ago the Mayor made a false statement. He noted reviewing actual documents from 2013 that indicate the referenced hotel paid $0 in property taxes and $0 in PILOTS. He noted the Mayor must have infomation on payments from 2014 or 2015 that others are not privileged too. He noted the City hosted grievance hearings this week and residents are not given the reductions that larger developers are getting on properties. He noted the whole City needs a reduction following a City wide reassessment. He noted the City bas not hosted the council related to the established state regulated Economic Development Zones. He noted the City is required to submit a repod every A p ~ I"l and the only reports that he said are available are from 2005 and 2007, He added the City elaims that 6,700 new jobs have been created and Metroplex said that they donathave the documentation to prove that ilihere are these jobs he a s k e d x e closed by noting the City is giving out 10's of rnllIIons of dollars and the City can't grove job creation. He added the purgose behind the PILOTS is to increase the value of property benefiting fiom the programs. He would like to see a reassessment in the City. Joy Hall, Sclienectaby- Noted drir,ers axe turning on red li&ts and driving down the wrong way on one-way streets. She added City sidewalks also need to be improved, There also needs to be more signs and walk lights, %loharnedHafez, Schenecrady - Noted that when he last spoke in front ofthe City Coune~l related to establishing a casino, host-city agreement the Mayor responded to has report. He added the &fayorregorled that New York State laws are diffaent and that the City 1s getting more fism agreement and that he was spreading anrsinfomation, He noted he rs not spreadmg our C ~ S L ~ O mis~nfomat~ora md that the eglrry does not ha\ e host-c~tyagreement w ~ t hthe eassno dewelopers, He noted IPSanother upstate c~mmunety~nSeneca County the state dlif not pret eat the host- Schenectady City Council Minutes May 27, 2015 1 Page 5 of 8 municipality from signing an agreement with the casino developer. He added this town of I000 or less wilt receive $4 million dollars &om this casino developer each year in addition &om the state. He noted the City of Schenectady will only be receiving S4 million dollars from the state and not the casino developer because there is no agreement. He noted the City Council voted to allocate revenue from the casino to reduce property taxes and the City will not benefit from any direct funds from the casino without this type of agreement. Therefore he noted the City is not getting more than other municipalities and if the City had established an agreement they would have benefited %om more funds. He closed by asking the City to demand an ageement from Rush Street Gaming and noted he has a sample agreement he will Ieave with the Council for review. Mary McClaine, Schenectady - "The city has a document called the comprehensive plan. It cost the taxpayers a lot of money to put together. In each chapter, it calls for beautification as a goal for every neibborhood. Does the city consider how a project will beautify a neighborhood after a job is finished? The city is working on my street. It's a half-baked job. It was better to leave it the way it was rather than spend all that money to patch it up. There is nothing beautihl about. Go back and do it right, please. Another item: About 4 months ago, I reported to then Council that I see negatives every day at the comer of my street. No one called to say, ""sow me what you mean"". So t o n i a t I am going to spell it out for you. Five years ago, when I started to plant the island garden there was a light pole in the middle of the plot. The city did some work on the island. The pole was in the way so it was taken down and placed on the side of the street. I reported the situation to a Council member and gave her the number of the pole. It has been laying there for five years. Two weeks ago, I asked the workers to remove it. Another item: Nott Street was paved 2.5 years ago. Someone carved a square around a manhole. The square was filled with cement. Later 36 of the square was covered with asphalt. A third of the square still has the cement showing. In the 14 hundred block of Nott Street, the square was dumped whith concrete and never covered over with asphalt to match the rest of the street. Last item: The monstrosity at the comer of Nott Street and Wendell Avenue. The city replaced evergreen trees, flowering plants and a well manicured plot with concrete wall and parked cars. The new Ellis Hospital sign is as cold looking as the corpses in the morgue. To all the achievers in this administration to the decision makers, to those who have a voice, I say, you trashed my neighborhood." Elmer Berteh, Schenectady - Noted there is a group interested in fanning a Schenectady Green Pa&y with plans to meet on May 30 at I :00 p.m, at the Niskayuna Library, He then noted he wanted to call attention to the Metroplex law that refers to the Seheneetady City Council, He then read the podion o f the Me"rroplex Law which relates to the City Council regarding required mutual reporis, He added Metropiex is required to provide details of projects, monies extended and administration activities from the prior year, He noted board members are required to be prepared to answer questions &om the hilayor and City Council. He noted this has never happened to the best o f his howledge. He noted the body i s acting for the residents and people don't know tvhal economic activities are happenkg in the City. He noted Seheneetady is largely a community of two-family properl.ies and the current economic development practices via Landbanks offers on14 a limited solution, He closed by implorang the City Council to call on i t s two representatives on the Mewoplex board for a kvrirten and verbal report, P,D* Voorhis, Sehenectady --- I";i'oted concerns related to proposed pilot projects related to Code Enforcement and shared municipality agreements, She noted concerns related to Lithomania whsch she indicated means '"over constmctisn9',She added that she has talked about these concerns in the past. She noted issues with gender-based rrXder~on~fmbhaeti~n and tha1: =en are k i n g taken care of Cllrst. She added she is concerned about being pushed into a housing progam Scl-ienecladyCity Council Minutes May 27,2015 1 Page 6 of6 she can't afford in order to live a subsidized life. She noted Schenectady is a greedy place and that the City has no shame about r,vays to be creative on how to make money. Seeing no other speakers to come before the City Council, Ms. King declared the Privilege of the Floor closed regarding City Business. MISCELLASVEOUS BUSINESS OF THE COUNCIL hls. Porterfield - Noted thanks to everyone who supported the Memorial Day flag obsewation. She thanked local businesses and UouthBuild for their support with the event, She added the YouthBuild students appreciated the opportunity to participate in the event. She noted the memorial flags will remain up until Flag Day. She added residents interested in purchasing a flag to memorialize a veteran can continue to do so. Ms. Perazzo - Extended her thanks to all the veteran organizations for putting together very meaningful ceremonies in relation to the service of our veterans. She added community participation was evident and the events caused residents to pause in remennbrance. Regarding SLIC member comments noted earlier she added she is not sure where the group and City Council do not see eye to eye. She noted the Housing Standards Review Board will create a place for landlords with concerns to be heard. She closed by thaking her colleagues for their work on the board. Mr. Mootooveren - He welcomed Horace P e r r p a n to the Civilian Police Review Board and noted he expects the board to continue its good work. I-Ie added they meet the second Wednesday of every month in City Hall and the meetings are open to the public. Mayor McGarthy - Thanked the City Council for adopting the 2014 audit. He noted the City has continued improvements with regards to finances. He noted his administration mapped out a plan four years ago for long term and sustainable growth. Regarding comments related to the Housing Standard Review board be noted there is an appeal process that does work internally. He added he encourages City staff to use a common sense approach and to solve problems and not create them. He then noted the Metroplex board does provide an annual presentation at City Council and on the County level. Ms. King - Noted the Memorial Day ceremony was well done this year. She then congratulated Brian Merriam related to the recent unveiling of the new statues of Thomas Edison and Charles Steinmetz which are now on display in downtown Sehenectady on Erie Blvd. Adjourned: Seeing no further business to come before the City Council, Ms. King asked for a motion to adjourn the meeting, ' h e motion was moved by Mr. h s i u r and seconded by i\/Ir, Mootcror,eren and the meeting adjourned at '7,552 p.m. By Charles Thorme