At 5:05pm Motion to enter Executive Session to discuss potential litigation involving an arbitration award, a property dispute and pending litigation with the PCRA. By Councilor Kretser; Seconded by Councilor Ensel Adjourned: 5:36 pm Mayor Read stated we are returning from Executive Session and we discussed the potential litigation involving an arbitration award, a property dispute and pending litigation with the PCRA. No action was taken. REGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF PLATTSBURGH, NEW YORK November 16, 2017 5:30 P.M. MINUTES Pledge of Allegiance (RC) Present: Mayor Colin Read, Councilors Rachelle Armstrong (W1), Mike Kelly (W2), Dale Dowdle (W3), Peter Ensel (W4), Becky Kasper (W5), Joshua Kretser (W6) Absent: None MAYOR S COMMENTS: spoke about Lakeside Apartments on Margaret Street and the Council shares with the public s concern and plan to issue a notice of intent of enforcement on the property and are going to work with DEC to make sure there is no contamination. Also, concerned about the safety of our students who live in the second and first Ward trying to make their way to the High School spoke about the history of the bridge, the ownership and agreement between the Plattsburgh City School District. The city will continue to work with the school district in anyway including any expertise we can lend to help them with their bridge issues. 1. MINUTES OF THE PREVIOUS MEETING: RESOLVED: That the Minutes of the Regular Meeting of the Common Council held on November 8, 2017 are approved and placed on file among the public records of the City Clerk s Office. By Councilor Ensel; Seconded by Councilor Kasper (All in Favor/opposed) Common Council Meeting Minutes 11/16/17 1
2. PAYROLLS OF VARIOUS DEPARTMENTS: RESOLVED: That the payrolls of the various Departments of the City of Plattsburgh for the week ending November 15, 2017 in the amount of $ 106,293.21 are authorized and allowed and the Mayor and the City Clerk are hereby empowered and directed to sign warrants drawn on the City Chamberlain for the payment thereof. By Councilor Armstrong; Seconded by Councilor Kretser (All in Favor/opposed) 3. REPORTS OF CITY OFFICES & COMMITTEE REPORTS: Report from the Building Inspector s office for the week of November 6-10, 2017 RESOLVED: That the reports as listed are hereby ordered received and placed on file among the public records of the City Clerk s Office. By Councilor Ensel; Seconded by Councilor Dowdle (All in Favor/opposed) 4. CORRESPONDENCE OR RECOMMENDATIONS FROM BOARDS: None 5. AUDIT OF CLAIMS: RESOLVED: That the bills Audited by the Common Council for the week ending November 17, 2017 in the amount of $ 483,941.52 are authorized and allowed and the Mayor and City Clerk are hereby authorized and directed to sign warrants drawn on the City Chamberlain for the payment thereof. By Councilor Kelly; Seconded by Councilor Kretser (All in Favor/opposed) 6. PERSONS ADDRESSING COUNCIL ON AGENDA ITEMS ONLY: None 7. OTHER ITEMS: Common Council Meeting Minutes 11/16/17 2
A. RESOLVED: In accordance with the request therefore the Common Council approves MLD to write-off unpaid final bills for August 2016 in the total amount of $4,438.28. The percentage of write-offs for this period is.45%. By Councilor Ensel; Seconded by Councilor Dowdle B. RESOLVED: In accordance with the request therefore the Common Council approves Water Pollution Control Plant to advertise for bids for Contract #2017-16 30% Sodium Thiosulfate for Water Pollution Control Plant. By Councilor Kretser; Seconded by Councilor Kasper C. RESOLVED: In accordance with the request therefore the Common Council approves Water Pollution Control Plant to advertise for bids for Contract #2017-17 15% Sodium Hypochlorite Trade Solution for Water Pollution Control Plant and Water Filtration Plant. By Councilor Armstrong; Seconded by Councilor Dowdle D. WHEREAS, the City of Plattsburgh was selected as a recipient of the Downtown Revitalization Initiative (DRI) which is comprised of ten (10) total projects; WHEREAS, the City of Plattsburgh is partnering with the Empire State Development (ESD) for the implementation of two (2) of the ten (10) total DRI projects ( ESD Dock St and ESD Durkee St ); WHEREAS, the State will award the City of Plattsburgh an incentive of $100,000 to complete Durkee St Phase 1 and an incentive of $290,000 to complete Dock St project ; NOW THEREFORE, the City of Plattsburgh Common Council duly convened does hereby: Common Council Meeting Minutes 11/16/17 3
RESOLVE, That the Mayor is hereby authorized and directed to accept funds from, enter into, and execute both Incentive Proposals with the ESD for such financial assistance for the City of Plattsburgh involving the two ESD projects named above; FURTHER RESOLVED, that the Mayor of the City of Plattsburgh and City of Plattsburgh Director of Community Development are hereby authorized to provide the administrative support for the day to day operations of the grant according to the timeline and budget outlined in the incentive proposals for the ESD projects. Motion to waive reading and move the resolution By Councilor Kretser; Seconded by Councilor Ensel E. RESOLVED: In accordance with the request therefore the Common Council approves Contract # 2017-01 City Court Improvements be awarded to Ametal Construction Corp. The costs will be reimbursed by the New York State Court System. By Councilor Kelly; Seconded by Councilor Dowdle F. ADOPTION OF LOCAL LAW P-7 OF 2017 RESOLVED: A local law P-7 amending Article V, Section C5-3 subsection (11) Assessor of the City Charter of the City of Plattsburgh. This Local Law shall take effect immediately upon approval by the Mayor and filing with the New York Secretary of State. The entire text of which has been distributed to and read by the members of the Common Council, is hereby enacted without the reading thereof and a copy of said local law is made part of the minutes of this meeting. By Councilor Armstrong; Seconded by Councilor Dowdle Common Council Meeting Minutes 11/16/17 4
G. Whereas; the New York State Legislature, in the 2017-2018 State budget, has funded a fifth (5 th ) round of the Restore New York Community Initiative Grant Program (RestoreNY); and Whereas, it is hereby determined to be in the best interest of the City of Plattsburgh to apply for funds from such program for a demolition project to spur future economic and catalytic development in our City; and Whereas, a properly noticed and advertised public hearing was held and all comments and testimony submitted have been duly considered by this Council; and Whereas, the City Council has reviewed the attached property assessment list and has determined that the property included is the best possible choice to receive RestoreNY funding to assist in the continued revitalization of our City; and Whereas, the City of Plattsburgh s Common Council hereby makes the following findings of fact: 1. The proposed project is consistent with existing local revitalization and other planning documents (i.e. Local Waterfront Revitalization Plan and Downtown Revitalization Initiative); 2. The proposed financing plan is appropriate for the specific project; 3. 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; 4. The project develops and enhances infrastructure and/or other facilities in a manner that will attract, create, and sustain future employment opportunities where applicable. Resolved, that the City of Plattsburgh is in full support of the proposed Restore NY project and authorizes the Mayor to take all actions and execute all documents necessary to apply for available RestoreNY grant funding for property contained in the property assessment list below: Common Council Meeting Minutes 11/16/17 5
Motion to waive reading and move the resolution By Councilor Kretser; Seconded by Councilor Dowdle H. WHEREAS, Renaissance Village Suites, LLC ( Petitioner ), filed Article 7 Real Property Assessment Review Petitions against the City for assessment years 2016 and 2017 challenging the assessment on its property located on Renaissance Village Way in the City of Plattsburgh, more specifically identified as Tax Map Parcel No. 221.7-1-22.1; and WHEREAS, it appears to be in the best interests of the City to avoid the costs that would result if the litigation continues and goes to Trial; and WHEREAS, terms of a proposed settlement have been negotiated with Petitioner; and NOW, THEREFORE, BE IT RESOLVED, that the City of Plattsburgh Common Council hereby approves the proposed settlement of the real property assessment cases filed by Renaissance Village Suites, LLC for assessment years 2016 and 2017 for its property on Renaissance Village Way in the City of Plattsburgh, more specifically identified as Tax Map Parcel No. 221.7-1-22.1, as follows: 1) The assessed value for the 2016 and 2017 assessments shall be reduced from $4,449,000 to $3,600,000 with refunds to be paid accordingly, but no interest shall be payable on such refunds if they are paid within ninety (90) days of Petitioner s service of a filed Consent Order and Judgment and Demand for Payment on the City; and 2) Real Property Tax Law Section 727 shall apply setting the AV at $3,600,000 for the 2018, 2019 and 2020 assessment rolls, unless one of the exceptions to Section 727 applies; and BE IT FURTHER, RESOLVED, that approval of this Settlement Agreement is contingent upon the City s Special Counsel, MILLER, MANNIX, SCHACHNER & HAFNER, LLC, reviewing and approving the terms of the final Consent Order and Judgment; and BE IT FURTHER, RESOLVED, that the Common Council further authorizes and directs the City Mayor and/or its Special Counsel to execute settlement documents and take any additional steps Common Council Meeting Minutes 11/16/17 6
necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Motion to waive reading and move the resolution By Councilor Kretser; Seconded by Councilor Kelly Discussion: Yes 8. TRAVEL REQUEST: None 9. RESOLUTIONS FOR INITIAL CONSIDERATION: None 10. NEW BUSINESS AND COUNCILOR REPORTS: Councilor Dowdle gave an update on the Public Safety Committee they have met on two separate occasions. The last meeting invited three department heads and things are going well. Mayor Read agreed it is going well and actually they are working with three department heads and the IT Department looking for novel ways to keep our city safe. A lot of great suggestions have been coming up. 11. CLOSING PUBLIC COMMENTS ON ANY TOPIC: Maryellen McTigue, 15 Wildwood Estates here representing her neighbors that live in her complex spoke about Lakeside and thanked Mayor and Council for addressing and thanked Joe McMahon for calling her back today and giving her more information that she did not know. Mayor Read wanted to reassure them the council has discussed this and they are looking at our code and working with Joe McMahon to give him more tools to make sure this kind of thing doesn t happen in future. Unidentified speaker asked council to work with City School District regarding Bridge issue and spoke about PHS Homecoming parade in September and the council didn t close street for the parade and she felt it was unsafe. Bill [couldn t understand last name] asked Council to work with City School District to get this done because he as a taxpayer in the city or the school district is going to pay for this bridge. Lori Shutte spoke about foot bridge she has commuted on it every day since 2005 and asked for a rapid Common Council Meeting Minutes 11/16/17 7
resolution to get it fixed. Mayor Read thanked her and mentioned maybe they can look at pedestrian flow and ensuring the people are able to walk safely via the other routes. Unidentified Speaker spoke about bridge issue there should be other options, bridges don t go from safe to unsafe overnight, hard to imagine why people can t use it. Motion to Adjourn by Councilor Kelly; Seconded by Councilor Dowdle (RC) Roll call Councilors Armstrong, Kelly, Dowdle, Ensel, Kasper, Kretser MEETING ADJOURNED: 6:06pm Common Council Meeting Minutes 11/16/17 8