AGENDA FOR A WORK SESSION OF THE GLOVERSVILLE COMMON COUNCIL TUESDAY, JULY 12, 2016 6:00PM/COUNCIL CHAMBERS AT CITY HALL Mayor Dayton J. King, Presiding Councilman-At-Large James H. Robinson Ward 1 Marcia Weiss Ward 4 Steven Smith Ward 2 Arthur Simonds Ward 5 Jay Zarrelli Ward 3 Vincent DeSantis Ward 6 Wrandy Siarkowski COUNCIL ROLL CALL PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE INTRODUCTION OF POLICE OFFICER Police Chief Porter will introduce Police Officer Wayne Hulslander a recent Police Academy graduate. SPEAKER/PUBLIC HEARING CITY CLERK NICK ZABOWSKY Nick Zabowsky will introduce the Resolution to be discussed in the first Public Hearing. The proposed Resolution is to consider an application to the NYS Office of Community Renewal under the Housing & Urban Development Community Development Block Grant Program for the 2016 Fiscal Year to be utilized for the repair of the storm sewer system, manholes and catch basins. PUBLIC HEARING The second Public Hearing is regarding a proposed Ordinance modifying Gloversville City Code Section 212-17 related to garbage collection. MAYOR CITY OFFICIALS DAYTON KING POLICE Quarterly Report FIRE DEPARTMENT Quarterly Report CITY CLERK Quarterly Report TRANSIT FINANCE DPW ASSESSOR CHIEF MARC PORTER CHIEF THOMAS GROFF SUSAN SEMIONE BILL WALRATH COMMISSIONER BRUCE VAN GENDEREN DALE TRUMBULL JONI DENNIE 1
CITY ATTORNEY Country Farms-Planned Development COMMUNICATION FROM OTHER CITY OFFICIALS ANTHONY CASALE LEGISLATION Intro O-1 ORDINANCE REPEALING CHAPTER 111 OF THE GLOVERSVILLE CITY CODE Intro O-2 ORDINANCE MODIFYING SECTION 212-17 OF THE GLOVERSVILLE CITY CODE RELATED TO PROPERTY MAINTENANCE; SPECIFICALLY GARBAGE DISPOSAL Intro LL-1 LOCAL LAW MODIFYING CHAPTER 300 OF THE GLOVERSVILLE CITY CODE IN CONNECTION WITH A COMPREHENSIVE ZONING UPDATE Intro LL-2 LOCAL LAW MODIFYING CHAPTER 166 OF THE GLOVERSVILLE CITY CODE IN CONNECTION WITH A COMPREHENSIVE ZONING UPDATE Intro R-1 RESOLUTION APPROVING THE SUBMISSION OF A HUD COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO BE UTILIZED FOR THE REPAIR OF THE STORM SEWER SYSTEM, MANHOLES AND CATCH BASINS Intro R-2 RESOLUTION IN SUPPORT OF A RESTORE NEW YORK COMMUNITIES INITIATIVE GRANT APPLICATION TO BE UTILIZED BY THE CRG AT 34 WEST FULTON STREET Intro R-3 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE FULTON COUNTY CENTER FOR REGIONAL GROWTH FOR THE THREE YEAR PARTIAL FUNDING FOR THE POSITION OF A DOWNTOWN DEVELOPMENT SPECIALIST Intro R-4 RESOLUTION TO REALLOCATE FUNDS FOR THE POLICE DEPARTMENT WITHIN YEAR 2015 CAPITAL PROJECT-HV ACCOUNT Intro R-5 RESOLUTION TO REALLOCATE FUNDS FOR THE DEPARTMENT OF PUBLIC WORKS WITHIN YEAR 2015 CAPITAL PROJECT-HV ACCOUNT Intro R-6 RESOLUTION TO APPOINT A COMMISSIONER OF DEEDS-GUTOWSKI MISCELLANEOUS ADJOURNMENT 2
ORDINANCE Intro O -1 presented the following Ordinance and moved for its adoption: ORDINANCE REPEALING CHAPTER 111 OF THE GLOVERSVILLE CITY CODE WHEREAS, in October 2015 the Common Council having legislated an Ordinance pertaining to Cat Rescue Sanctuaries; and WHEREAS, in 2016 the City has been in the process of accomplishing a comprehensive update of the zoning laws of the City Gloversville; and WHEREAS, the Zoning update to be passed by the City contains policies and procedures relating to Cat Rescue Sanctuaries that will allow the same to exist in C and M zones in the City, subject to a special permit with site plan approval; and WHEREAS, the passage of the zoning update will supplant and replace the procedure and application criteria required by Chapter 111; and WHEREAS, a Public Hearing on this issue having been held on June 28, 2016. NOW, THEREFORE, BE IT ENACTED, that Chapter 111 of the Gloversville City Code is hereby repealed. This Ordinance shall become effective upon ratification by the Common Council. 3
ORDINANCE Intro O-2 (s) DeSantis presented the following Ordinance and moved its adoption: ORDINANCE MODIFYING SECTION 212-17 OF THE GLOVERSVILLE CITY CODE RELATED TO PROPERTY MAINTENANCE; SPECIFICALLY GARBAGE DISPOSAL Section 1: Legislative Intent WHEREAS, the Common Council is desirous to reform garbage collection within the City of Gloversville to minimize blight from broken bags from rodents, cats, and other stray animals, with the amendments herein recommended by the Gloversville Blight Committee, and it appearing that said amendments being necessary. Section 2: BE IT ENACTED by the Common Council of the City of Gloversville as follows: Section 212-17 of the Gloversville City Code is modified to read as follows: A. No items shall be put out for garbage collection before 5:00 p.m. the day prior to the scheduled pick up. Garbage containers and all items not collected must be retrieved within 24 hours of the scheduled pick up. B. Garbage Collection 3 or fewer residential units per building 1. With respect to buildings containing 3 or fewer residential units, the owner and/or, if rental or leased property, the occupant of any building or premises in the City where garbage is generated, accumulated or exists, shall provide clear or white plastic bags for receiving and holding said garbage without leakage. A closed trash container may be utilized, with said container not being larger than 50 gallons, and shall be used for no other purpose than as a receptacle for garbage. All garbage bags, regardless of whether or not they are placed in a container, must be sealed tightly and be without leakage. Where a garbage container is utilized all garbage inside said container must be placed in a sealed clear or white plastic bag. 2. If a closed trash container is not utilized, then clear or white plastic bags must be used for the reception, retention and disposal of all garbage. The bags must be sealed tightly and be without leakage. If multiple layers of bags are used, ie., one inside the other, then all layers of bags must be clear or white plastic. 3. Closed trash containers and/or clear or white plastic bags containing garbage will be placed at the curb in accordance with the schedule promulgated by the City and modified as situations require. Under no circumstances will garbage be placed at the curb for pickup prior to 5:00 p.m. the day before the scheduled pickup. Garbage properly placed for pickup will be emptied and the contents thereof entirely destroyed or removed from the City at least once each week. 4. Recyclable containers and materials as specified by state and county regulations are not "garbage" and shall be disposed of in accordance with state and county regulations. Any garbage containing recyclable materials will not be picked up. Items that are not 4
Section 3: picked up by the City at the time of garbage collection, including trash receptacles and lids, shall be retrieved within 24 hours from the time of the scheduled pick up. Failure to retrieve within 24 hours shall result in an appearance ticket being issued and penalties as set forth in Subsection C and D herein, 5. The owner of any building or premises, whether or not he is the occupant of the building or premises, is responsible for compliance with Subsection B (1), (2), (3), and (4) of this Section. C. Garbage Collection buildings with 4 or more residential units: Owners of all buildings with 4 or more residential units shall be responsible for private garbage collection and removal. Such owner shall provide for regular collection, removal from the city and proper disposal thereof on at least a weekly basis. In the event that a dumpster is placed on site for collection, it must be emptied at least once per week. D. Fine by Court: 1. Upon conviction of any violation of Subsection B herein, the owner(s) shall receive a fine not less than $50 and not greater than $250. 2. Upon conviction of any violation of Subsection C herein, the owner(s) shall receive a fine of not less than $250 and not more than $500. E. Abatement by City: Any items not picked up by the City at the time of garbage collection that are not retrieved within 24 hours from the scheduled time of the collection may be abated by the City at the election of the City. In the event that the City elects to abate, the owner(s) shall be assessed a mobilization fee in the amount of $200 and shall be further assessed any actual costs incurred by the City in connection with said abatement. Said fees shall be collectible as set forth in Subsection F herein. F. If the above fines and/or fees are not paid within 30 days after written notification to the owner of any building or premises, said fines and fees therefor shall be assessed against the property by the Commissioner of Finance and become a lien thereof, collectible in the same manner as delinquent City taxes. This Ordinance shall take effect upon ratification by the Common Council following a Public Hearing to be held on July 12, 2016. Seconded by s: Simonds 5
Local Law # of 2016 Intro LL-1 presented the following Local Law and moved its adoption: LOCAL LAW MODIFYING CHAPTER 300 OF THE GLOVERSVILLE CITY CODE IN CONNECTION WITH A COMPREHENSIVE ZONING UPDATE WHEREAS, the City having previously retained the services of Greenman-Pedersen, Inc. (GPI) for a comprehensive review and updating of the zoning laws within the City of Gloversville; and WHEREAS, a presentation having been made by GPI regarding the zoning update at the Common Council meeting held on March 22, 2016; and WHEREAS, a Public Hearing having been held regarding the zoning update on April 12, 2016; and WHEREAS, following said public hearing, further substantive modifications pertaining to Cat Rescue Sanctuaries and Kennels were made requiring a further Public Hearing that was held on June 28, 2016; and WHEREAS, referrals having been made by the City to the Fulton County Planning Board and Gloversville Planning Board pursuant to General Municipal Law 239-m, with the City having received responsive communications from each planning board, with there being no identified reason to delay the passing of the instant local law; and WHEREAS, the Common Council having held a public hearing regarding SEQR on June 28, 2016 and having passed a Resolution adopting a negative declaration following said public hearing. NOW, THEREFORE, BE IT ENACTED by the Common Council of the City of Gloversville as follows: That Chapter 300 of the Gloversville City Code is modified to read as set forth in the annexed document. This Local Law shall take effect upon ratification by the Common Council. 6
Local Law # of 2016 Intro LL-2 presented the following Local Law and moved its adoption: LOCAL LAW MODIFYING CHAPTER 166 OF THE GLOVERSVILLE CITY CODE IN CONNECTION WITH A COMPREHENSIVE ZONING UPDATE WHEREAS, the City having previously retained the services of Greenman-Pedersen, Inc. (GPI) for a comprehensive review and updating of the zoning laws within the City of Gloversville; and WHEREAS, a presentation having been made by GPI regarding the zoning update at the Common Council meeting held on March 22, 2016; and WHEREAS, as part of the overall zoning update, modifications are required to the Chapter 166 Historic Districts as set forth in the annexed modified version of Chapter 166; and WHEREAS, a Public Hearing having been held in regard to the proposed modifications outlined herein, said Public Hearing having been held on June 28, 2016. NOW, THEREFORE, BE IT ENACTED by the Common Council of the City of Gloversville as follows: That Chapter 166 of the Gloversville City Code is modified to read as set forth in the annexed document. This Local Law shall take effect upon ratification by the Common Council. 7
Resolution Intro R-1 presented the following Resolution and moved its adoption: RESOLUTION APPROVING THE SUBMISSION OF A HUD COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO BE UTILIZED FOR THE REPAIR OF THE STORM SEWER SYSTEM, MANHOLES AND CATCH BASINS WHEREAS, the City of Gloversville wishes to apply for Community Development Grant funding for the 2016 Fiscal Year under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Gloversville has determined that a serious need exists to undertake improvements to the City s storm sewer system, especially the replacement of deteriorated manholes and catch basins throughout the City. NOW, THEREFORE, be it hereby RESOLVED, that the City of Gloversville apply for $750,000 in Fiscal Year 2016 Community Development Block Grant Funds to undertake the replacements of catch basins in the City, and BE IT FURTHER, RESOLVED, the Mayor is hereby authorized and directed to sign any and all documents necessary for the submission of said application to the New York State Office of Community Renewal. 8
Intro R-2 Resolution Smith presented the following Resolution and moved its adoption: RESOLUTION IN SUPPORT OF A RESTORE NEW YORK COMMUNITIES INITIATIVE GRANT APPLICATION TO BE UTILIZED BY THE CRG AT 34 WEST FULTON STREET WHEREAS, the City of Gloversville seeks to undertake projects to achieve the economic revitalization of the City; and WHEREAS, the State of New York, acting through the Empire State Development Corporation, is making funding available to assist economic development and community revitalization activities through the Restore New York Communities Initiative; and WHEREAS, the City of Gloversville has identified a project that will have a major impact on improving economic conditions in the City and will provide the foundation for further redevelopment within the City. NOW, THEREFORE, be it hereby RESOLVED, that the City of Gloversville hereby finds that the proposed project, the rehabilitation of the building at 34 West Fulton Street in the City of Gloversville, is consistent with the municipality s local revitalization and comprehensive plans; and BE IT FURTHER RESOLVED, that the City finds that the proposed financing is appropriate for the project; that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources; and that the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create and sustain employment opportunities; and BE IT FURTHER RESOLVED, that the City of Gloversville apply for funding under the Restore NY Communities Initiative Round 4; and BE IT FURTHER RESOLVED, that the Mayor is authorized and directed to sign any and all documents necessary to execute such application for funding. DeSantis 9
Resolution Intro R-3 presented the following Resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE FULTON COUNTY CENTER FOR REGIONAL GROWTH FOR THE THREE YEAR PARTIAL FUNDING FOR THE POSITION OF A DOWNTOWN DEVELOPMENT SPECIALIST WHEREAS, it is the intention of the Fulton County Center for Regional Growth (CRG) to establish under its direction a permanent, full time position and office for a Downtown Development Specialist (DDS) which will be focused exclusively on the revitalization of downtown Gloversville and its adjacent neighborhoods, and WHEREAS, CRG wishes to enlist individuals and organizations interested in improving the vitality of downtown Gloversville to commit funds to help underwrite the cost of such office for three years; and WHEREAS, the City is interested in improving the commercial vitality and marketability of downtown Gloversville. NOW, THEREFORE, be it hereby RESOLVED, that the Common Council authorizes the Mayor to execute the Agreement with the Fulton County Center for Regional Growth. 10
Resolution Intro R-4 presented the following Resolution and moved its adoption: RESOLUTION TO REALLOCATE FUNDS FOR THE POLICE DEPARTMENT WITHIN YEAR 2015 CAPITAL PROJECT HV ACCOUNT WHEREAS, there was $36,000 in the HV Capital Project for the purchase of a police patrol car which had an actual cost of $31,300, and WHEREAS, the Police Chief would like to purchase one Noptic Night Vision System at an approximate cost of $4,200, and WHEREAS, there is $4,700 remaining in the HV Capital project account earmarked for a patrol car. NOW, THEREFORE, be it hereby RESOLVED, that available funds, identified above be reallocated within the HV fund in order to purchase one (1) Noptic Night Vision System at a cost of $4,200, and BE IT FURTHER, RESOLVED, that the Commissioner of Finance make the necessary adjustments within the HV Capital Project to allow the disbursing of funds for the aforementioned purchase. 11
Resolution Intro R-5 presented the following Resolution and moved its adoption: RESOLUTION TO REALLOCATE FUNDS FOR DPW WITHIN YEAR 2015 CAPITAL PROJECT HV ACCOUNT WHEREAS, there is remaining in the HV Capital Project approximately $115,000 for the demolition costs associated with 211 North Main Street and it is projected that those costs will not exceed $110,000, and WHEREAS, the DPW Director would like to purchase one (1) used pick up truck at an estimated cost of $21,000, and WHEREAS, there is $16,000 remaining in the HV Capital project account earmarked for a used pickup. NOW, THEREFORE, be it hereby RESOLVED, that available funds, identified above be reallocated within the HV fund in order to purchase one (1) pick up truck by the DPW Director at a cost of $21,000, and BE IT FURTHER RESOLVED that the Commissioner of Finance make the necessary adjustments within the HV Capital Project to allow the disbursing of funds for the aforementioned vehicles. 12
Resolution Intro R-6 presented the following Resolution and moved its adoption: RESOLUTION TO APPOINT A COMMISSIONER OF DEEDS-GUTOWSKI WHEREAS, each year there is a need for a number of individuals to serve as Commissioners of Deeds performing the function of attesting to the authenticity of signatures in the City of Gloversville, and WHEREAS, the applicant is a City employee and the fee of $10 associated with this appointment will be paid from City Clerk Account A1410.4025/Legal Fees. NOW, THEREFORE, be it hereby RESOLVED, that the following individual is hereby appointed as a Commissioner of Deeds for the year 2016-2017 in the City of Gloversville: Tracy Gutowski Gloversville Fire Department 13