CITY COUNCIL MEETING June 14, 2021 Page 199
Mayor Skelly called the meeting to order and asked the Clerk to call the roll:
PRESENT: Mayor Skelly, Councillors Dillabough, Fisher, Kennedy, Powers, Rishe and Skamperle
ABSENT: None
Director of Planning and Development Andrea Smith introduced newly appointed Recreation Director Mackenzie Cole and provided Council with a biography for Ms. Cole.
PRESENTATION
1. Director of Planning and Development Andrea Smith made a presentation to Council regarding a grant update and overview. (A copy of her presentation follows these minutes.) Councillor Skamperle asked if the funding available for water quality improvement could be used for the Wastewater Treatment Capital Improvement Project. Ms. Smith explained the City has received the maximum funding for that project under the WQIP. City Manager Stephen Jellie said the City can apply for additional funding now that the pump stations have been separated from the project. Councillor Rishe asked if City staff has met with the St. Lawrence County Industrial Development Agency (SLCIDA) regarding the economic development programs. Mr. Jellie said City staff has met with SLCIDA representatives and will meet again, noting the plan is to work together. Ms. Smith explained SLCIDA is looking at several grant applications through Consolidated Funding Applications (CFA), specifically the reoccupation of the former Newell’s building and noted the City has indicated it will be supportive of that project. Mr. Jellie said the applications City staff sees as high probability are noted in green on the handout and asked Council members to review those funding possibilities. Mr. Jellie explained City staff is happy to discuss each of the applications specifically. Mr. Jellie said page two of the handout notes the City projects currently in motion.
CITY COUNCIL MEETING June 14, 2021 Page 200
Councillor Rishe questioned if the Brownfield Opportunity Area includes the initial assessment at the former Shade and Roller property. Ms. Smith said yes, noting the City will be conducting testing and sampling in July in preparation for cleanup activities. Ms. Smith added if awarded the BOA, funds would be available for any site assessment that might follow remedial efforts. Ms. Smith explained it is a five- year grant period and noted funds would be available over five years.
PERSONAL APPEARANCE
1. Ogdensburg Public Library Director Penny Kerfien addressed Council and encouraged everyone to stop by the library to see the fishing equipment available to the public. Ms. Kerfien said the summer reading program is underway. Ms. Kerfien thanked the community for the support for the referendum and questioned if there is a specific reason why Mayor Skelly is not approving the recommended individuals for the Board of Trustees. Ms. Kerfien asked for an answer in writing by June 18, 2021.
2. Ann Lesperance addressed Council and read a prepared statement. (A copy of her prepared statement follows these minutes.)
CONSENT AGENDA
Mayor Skelly moved that the claims as enumerated in General Fund Warrant #11-2021 in the amount of $765,630.75 and Library Fund Warrant #11-2021 in the amount of $9,057.54 and Capital Fund Warrant #11-2021 in the amount of $808,132.10 and Community Development Fund Warrant #11-2021 in the amount of $75.53 and Community Renewal Fund Warrant #11-2021 in the amount of $1,516.00 as audited, be and the same are ordered paid and Councillor Dillabough seconded the motion.
The vote was:
CARRIED, AYES ALL CITY COUNCIL MEETING June 14, 2021 Page 201
ITEMS FOR COUNCIL ACTION
1. Mayor Skelly moved a resolution to declare the City of Ogdensburg’s decision to pre-empt 1.5% of the local sales tax collection, and Councillor Dillabough seconded to wit:
A RESOLUTION TO DECLARE THE CITY OF OGDENSBURG’S DECISION TO PRE-EMPT 1.5% OF THE LOCAL SALES TAX COLLECTION
WHEREAS, the City of Ogdensburg and St. Lawrence County are parties to a Sales Tax Agreement that governs how the four percent (4%) local sales and compensation use taxes are allocated; and
WHEREAS, the St. Lawrence County Board of Legislators Finance Committee on January 25, 2021 voted down a resolution to extend this agreement and continue reasonable negotiations beyond the current term which expires on November 30, 2021 by a vote of (7) yes in support of an extension by Legislator Rita Curran, Legislator James Reagan, Legislator David Forsythe, Legislator William Sheridan, Legislator Harry Smithers, Legislator Larry Denesha and Legislator Rick Perkins; and eight (8) no to deny support of an extension by Legislator Margaret Haggard, Legislator Suzanne Fiacco, Legislator John Burke, Legislator Tony Arquiett, Legislator Nicole Terminelli, Legislator Joseph Lightfoot, Legislator Kevin Acres and Legislator Daniel Fay; and
WHEREAS, the St. Lawrence County Board of Legislators proposed a new sales tax sharing agreement whereby the City of Ogdensburg will receive a 50% or greater reduction of the sales tax collected; and
WHEREAS, the City Council of the City of Ogdensburg believes it is not in the City’s best interest to enter into a new agreement with St. Lawrence County, but rather to pursue pre-emption and collect its own sales tax, to include the local home rule authority for up to an additional 1% in the place of the additional 1% the county currently assesses; and
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WHEREAS, the City of Ogdensburg presently has the authority under Section 1210 of the New York State Tax Law to pre-empt the (3%) local sales tax, of which the City will receive one- and one-half percent (1 ½%) of all sales taxes collected in the City; and
WHEREAS, the City of Ogdensburg must enact its local law imposing a sales tax no later than September 1, 2021,
NOW, THEREFORE, BE IT RESOLVED that the City of Ogdensburg will exercise its authority granted under New York State Tax Law to pre-empt 1.5% of the three percent (3%) local sales tax; and
BE IT FURTHER RESOLVED, that the City Manager shall formally advise St. Lawrence County of the City’s intention to adopt legislation instituting a City sales tax in an amount otherwise permitted by law, said tax to become effective as of December 1, 2021.
The vote was:
CARRIED, AYES ALL
2. Councillor Skamperle moved a resolution calling for a public hearing seeking comment on the City’s intent to apply to New York State Homes & Community Renewal under the 2021 CFA Community Development Block Grant Program, and Councillor Skamperle seconded to wit:
RESOLUTION OF THE OGDENSBURG CITY COUNCIL TO PROVIDE FOR PUBLIC NOTICE AND PUBLIC HEARING
WHEREAS, the City of Ogdensburg intents to submit a Community Development Block Grant application to New York State Homes & Community Renewal through the 2021 Consolidated Funding Application Process (CFA); and .
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WHEREAS, the City Council and staff of the Office of Planning and Development are desirous of obtaining public input on a proposed application for community planning funding to include Community Needs Assessments and Preliminary Engineering Reports;
NOW, THEREFORE, BE IT RESOLVED that the Ogdensburg City Council shall hold public hearing (offering remote and in person participation) seeking public comment on the proposed grant application, including eligible CDBG activities, and funding request to be held on the 28th day of June, at 6:00 p.m.; and
BE IT FURTHER RESOLVED, that the City Clerk give notice of such public hearings by publication in the newspaper so designated by the Ogdensburg City Council for legal and public notices at least seven (7) days before the hearing dates setting forth the time and place.
Councillor Rishe asked if the maximum amount the City could apply for is $50,000. Director of Planning and Development Andrea Smith said the maximum amount for planning grants is $50,000. Councillor Rishe questioned if more funding is available, and Ms. Smith said the City is not eligible for CDBG Public Infrastructure or Public Facilities funding. Councillor Rishe asked why. Ms. Smith explained the City does not meet the moderate density poverty level income requirements. Ms. Smith said the City’s status could change when the new census numbers become available. Councillor Rishe questioned if the City could designate a target area. Ms. Smith explained that could not be done until an income survey was completed and accepted by NYS HCR as income eligible. Councillor Rishe said that needs to be done. Ms. Smith said the City has never conducted an income survey program. Councillor Rishe said it was done every year for multiple years. Ms. Smith explained Councillor Rishe was referring to homeowner rehabilitation case studies and confirmed the City does participate in those studies. Ms. Smith explained public infrastructure is different, noting she has a decision in writing from the State confirming the City is not eligible. Ms. Smith said if the City would like to conduct an income survey that it can be done at the City’s own expense, noting it will come at a cost. Councillor Rishe said the City has always surveyed the target areas, noting is a simple process to have a third party come in to complete the survey. CITY COUNCIL MEETING June 14, 2021 Page 204
City Manager Stephen Jellie explained if the census numbers come back and the City is tipped to the 51%, a survey will not be needed. Councillor Rishe said the margin of error is three to four percent, and the City should qualify with that margin of error. Mr. Jellie said the City was denied because of the current rate of 50.99 percent and added the census numbers should be available in late summer or early fall. Councillor Rishe said staff should review the old CDBG applications. Councillor Fisher questioned if the City was only looking at four applications out of all of the options. Ms. Smith explained those options are for CDBG. Councillor Fisher questioned if the City was only looking at CDBG applications. Ms. Smith explained out of 13 applications, City staff has recommended four. Ms. Smith said those recommendations were based on the greatest need as well as the greatest chance of success. Ms. Smith said at this point Council is only calling for a Public Hearing at the next regular City Council meeting which is required to submit for CDBG funding. Ms. Smith explained Council can recommend applications after the Public Hearing is held. Councillor Rishe said he believes the DPW matters are the most critical, and he is ready to appropriate $50,000 for that department right now rather than seek funding. Councillor Skamperle said the City could probably process all of the applications. Ms. Smith explained the proposed applications are the recommendations, and a Public Hearing is required regardless of which applications Council wishes to submit for CDBG. Ms. Smith said City staff has reviewed the specifics of each of the different grants. Ms. Smith explained the funding for the beach was not recommended because the City may not choose to open the beach next year. Ms. Smith said the City must choose which applications to submit and explained why each application was recommended. Mayor Skelly questioned if the engineering work has been done on the sewer system. Ms. Smith explained the engineering work has not been done on the East David Street reconstruction proposal. Mr. Jellie said the engineering work has also been done at the pump station, noting the City doesn’t qualify for grants that are higher than the cost of the work. Councillor Rishe suggest a survey be done. Mr. Jellie agreed, but noted a survey hasn’t been done and the City will soon have the new census numbers. Councillor Powers noted the resolution was to simply call for the Public Hearing.
The vote was:
CARRIED, AYES ALL CITY COUNCIL MEETING June 14, 2021 Page 205
3. Councillor Rishe moved a resolution calling for public notice and a public hearing on a proposed ordinance to license municipal property at the Dobisky Visitors’ Center to the Greater Ogdensburg Chamber of Commerce, and Councillor Skamperle seconded to wit:
A RESOLUTION CALLING FOR PUBLIC NOTICE AND A PUBLIC HEARING REGARDING THE LICENSE OF CITY-OWNED PROPERTY AT THE DOBISKY VISITORS’ CENTER
WHEREAS, the City of Ogdensburg has available office space at the Dobisky Visitors’ Center; and
WHEREAS, the City is interested in promoting tourism and economic development within the City and the Greater Ogdensburg Chamber of Commerce is poised to help further those efforts; and
WHEREAS, the Greater Ogdensburg Chamber of Commerce has expressed an interest in occupying the available office space in an effort to promote tourism in Ogdensburg through visitor assistance, retail sales and events; and
WHEREAS, the City Charter mandates that the license of City-owned property be finalized only after giving public notice in a local newspaper and conducting a public hearing;
BE IT FURTHER RESOLVED, that the City Council shall hold a public hearing on the 28th day of June, 2021 at 6:00 p.m., at the Council Chambers in the City of Ogdensburg, New York, regarding this proposed license of City-owned property at the Dobisky Visitors’ Center; and
BE IT FURTHER RESOLVED, that the City Clerk give notice of such public hearing by publication in the newspaper so designated by the City Council of the City of Ogdensburg for legal and public notices at least seven (7) days before the hearing date of a notice setting forth the time and place and describing the proposed ordinance in summary form. CITY COUNCIL MEETING June 14, 2021 Page 206
Councillor Skamperle said in reviewing the contract it appears the City will be paying all utilities and questioned if the rental amount will cover those expenses. City Manager Stephen Jellie said the Chamber of Commerce is being charged a higher rental amount than the concession rental for that specific reason. Councillor Kennedy questioned if the Dobisky Center will still be available for rentals through the City, and Mr. Jellie said yes. Councillor Skamperle questioned if the new Recreation Director will have an office at the Dobisky Center. Mr. Jellie said no, noting her office will be at City Hall. Councillor Skamperle asked if the Chamber of Commerce staff will greet people, and Mr. Jellie said yes. Councillor Kennedy asked what the normal operating hours will be, and Mr. Jellie said Monday through Friday, 8:00 am to 4:00 pm.
The vote was:
CARRIED, AYES ALL
4. Councillor Powers moved a resolution to approve the sale of surplus property formerly known as Paper Hayward Street (west) following the public auction of June 8, 2021, and Councillor Skamperle seconded to wit:
RESOLUTION TO APPROVE THE SALE OF SURPLUS CITY-OWNED PROPERTY
WHEREAS, the City of Ogdensburg has by ordinance dissolved the western most portion of paper Hayward Street, via Bill #24 of 2021; and
WHEREAS, City staff have reviewed the parcels and find no conflict with the proposed sale, having no infrastructure, or known easements of public benefit; and
WHEREAS, said parcel was publicly auction on Tuesday, June 8, 2021;
WHEREAS, all property sold by the City of Ogdensburg is, “as is” and “where is”, by quit claim deed; the City makes no warranty as to clear title or condition; and
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WHEREAS, all property within the City of Ogdensburg is subject to the provisions and enforcement of §97-13 Property Maintenance; and
WHEREAS, sale of surplus property promotes the return of underutilized property to the taxable roll for the greater public benefit in keeping with comprehensive planning goals;
NOW, THEREFORE BE IT RESOLVED, that the City Council approves the following sale
Tax Map #: TBD Location: former Paper Hayward Street Restrictions: This is a non-conforming parcel in the City’s Single- Family Residential (SFR) zoning district (60’x103’). Sale Price: $1,000 Buyer: Aaron Smith
BE IT FURTHER RESOLVED, that the sale of said City-owned real property shall be subject to review and approval by the City Attorney.
The vote was:
CARRIED, AYES ALL
5. Mayor Skelly moved a resolution designating two additional regular City Council Meeting dates for 2021, and Councillor Fisher seconded to wit:
REGULAR CITY COUNCIL MEETING DATES FOR 2021
WHEREAS, a resolution designating the dates of the 2021 City Council meetings was passed by Council on November 9, 2020; and,
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WHEREAS, Ogdensburg City Council amended Administrative Regulations Article II entitled Personnel Policies and Procedures §AR17 by Ordinance #17 of 2020 at the December 14, 2020 City Council meeting; and,
WHEREAS, two regular City Council meetings will be held every month.
NOW, THEREFORE BE IT RESOLVED, that the following regular City Council meeting dates are also designated for 2021:
July 26
August 23
BE IT FURTHER RESOLVED, all regular City Council meetings will be held at 6:00 p.m. in the City Council Chambers at City Hall or at such other places as may be designated by the City Council. All meetings are open to the public.
The vote was:
AYES: Mayor Skelly, Councillors Dillabough and Fisher
NAYS: Councillors Kennedy, Powers, Rishe and Skamperle
DEFEATED, 3 TO 4
OLD BUSINESS
1. City Manager Stephen Jellie said he hopes to hear from the County Attorney soon regarding the property tax collection/foreclosure process.
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2. City Manager Stephen Jellie provided Council with an update on the City Beach. Mr. Jellie explained the first water sample taken came back very good, but the second water sample taken was not so good. Mr. Jellie said the City will take a total of 8 to 10 water samples. Mr. Jellie explained the City hasn’t moved forward with further work at the beach yet. Mr. Jellie said the additional insurance coverage came in at $4,800 to $5,000. Councillor Powers asked if that amount was on top of the existing insurance cost, and Mr. Jellie said yes. Councillor Skamperle asked if a water sample was taken after the recent rain storm, and Mr. Jellie explained the required testing following rain storms has already been completed. Councillor Kennedy asked how many lifeguards the City has hired, and Public Works Director Shane Brown said ten. Mr. Jellie said he hopes to have an update to Council by the end of the week. Councillor Powers asked that the reports from the water samples be sent to all members of Council. Councillor Skamperle asked if the engineering report will show the recommendations, and Mr. Jellie said yes. Councillor Kennedy asked if ADA compliance has been addressed, and Mr. Jellie said there is a long- term plan. Councillor Powers asked that the additional insurance information be shared with Council, and Mr. Jellie said he would provide that information to Council.
3. City Manager Stephen Jellie said there have been good comments from those he has met with regarding the draft Comprehensive Development Plan. Mr. Jellie explained he met with United Helpers and received good feedback on the projects. Mr. Jellie said he also plans to meet with private developers. Councillor Rishe asked when the plan would be submitted to the Planning Board, and Mr. Jellie said at the first meeting in July. Councillor Rishe said he was shocked that there was a requirement for SEQR review. Mr. Jellie said that is a requirement that the City cannot get around. Councillor Powers asked for an update on the Developmental Director position. Mr. Jellie explained the next position in the Planning Department would be an additional Planner.
4. Councillor Powers said he understood part of the hang up with the Home Rule for the 1% tax collection was the City’s relationship with County. City Manager Stephen Jellie agreed. Councillor Powers said he followed the Home Rule through the Legislative Session last week and noted there was some confusion and a lot of questions. CITY COUNCIL MEETING June 14, 2021 Page 210
Mr. Jellie explained there were questions posed by the Assembly and Senate, and the information requested was provided. Mr. Jellie said the City responded to every inquiry. Councillor Powers said Home Rule legislation is typically administrative, and the City needs to find out why it didn’t pass. Mr. Jellie agreed and noted it would be most appropriate for City officials to ask that question. Mr. Jellie said he believes the Senate was waiting for the Assembly and thanked Senator Patricia Ritchie for moving it forward in the Senate. Councillor Rishe said Home Rule legislation is generally adopted without question, adding he was surprised it did not pass in the Assembly. Councillor Rishe said he hopes the error is recognized, and it is passed in a future session. Councillor Rishe explained it is critical to the City’s future, adding he has faith the State will get it right. Mr. Jellie said it is not a Republican or Democratic issue; it is an Ogdensburg issue. Mr. Jellie said if it is a Democratic issue, the City needs the Speaker to push it. Mr. Jellie explained there is a potential loss of money for Ogdensburg as well as the County, noting there was a St. Lawrence County Board of Legislator’s meeting that night to discuss the matter. Mr. Jellie said if the State fails to pass it, the City can thank those on the County Legislature for targeting one community. Councillor Powers said the support memo only contained support from two County Legislators. Mr. Jellie said he believes others called for it, but it was not a coordinated effort.
NEW BUSINESS
1. Councillor Rishe said he has asked for an update on the budget schedule for the Maple City Trail expansion project. City Manager Stephen Jellie said he will provide that to Council, noting one property owner has changed their mind for liability reasons.
2. Councillor Powers said he assumes everything is going well with the Wastewater Treatment Plant Capital Improvement Project. City Manager Stephen Jellie said yes, noting there is a new schedule due to COVID-19 and added he will send an update to Council. Mr. Jellie noted the project is scheduled to be completed in June 2022.
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ITEMS FOR DISCUSSION
1. City Manager Stephen Jellie said City staff have reviewed the summer camps programs, and the schedule has been publicized. Mr. Jellie welcomed feedback from Council. Councillor Rishe said he was happy to see so much time and effort put into the development of the summer camps. Councillor Rishe said he was a bit surprised by the $30 per program fee and questioned if it was cost prohibitive. Councillor Skamperle said no one is excluded, noting former Director of Parks and Recreation Matt Curatolo always found a way for everyone to participate. Councillor Kennedy agreed and noted local businesses sponsor participants as needed. Mr. Jellie noted he has three offers on his desk from local businesses willing to sponsor participants if needed. Councillor Skamperle said that shows our community’s support. Councillor Rishe said some people may see the fee and be deterred, adding he believes the programs should be offered to City residents for free because they pay taxes. Mr. Jellie said the fees seem reasonable. Councillor Rishe suggested the City take out a half page ad to promote the summer camps. Councillor Powers asked if the swimming lessons will be offered. Mr. Jellie explained swimming lessons will be offered based on the number of lifeguards. Councillor Kennedy noted lifeguards need special certifications to teach swimming lessons. Councillor Kennedy suggested the City advertise that there are scholarships available rather than offer the summer camps free for residents. Councillor Rishe said that was a good idea.
2. City Manager Stephen Jellie said he plans to present the first set of Charter amendments to Council at the first meeting in July. Mr. Jellie explained there is no intention to rewrite the Charter, noting the changes will simply align the Charter with the current processes. Mr. Jellie said the changes to the Charter will be proposed first, followed by the changes the Administrative Regulations and then the Ogdensburg Municipal Code. Councillor Skamperle questioned if the Charter Review Commission would be involved with the proposed changes to the Charter. Councillor Rishe said there was recently a Charter review. Mr. Jellie said there are a lot of things in the Charter that the City does not use, such as an Engineering Department which doesn’t exist anymore. Councillor Skamperle questioned if there will be any proposed changes that will cause public debate. Mr. Jellie said he will send the list to Council for review. CITY COUNCIL MEETING June 14, 2021 Page 212
CITIZEN PARTICIPATION
1. Jennifer Stevenson said there has been a trend over the last few months of resolutions not being read aloud at Council meetings. Ms. Stevenson suggested City staff be allowed to read the resolutions in full or provide a detailed summary. Ms. Stevenson said it would help the public understand City business with no public updates being done anymore.
2. Doug Loffler questioned if the public will hear about the plan to spend the $1.4 million the City received due to COVID-19. Councillor Rishe said the City is still waiting to hear from the State on how those funds can be used. City Manager Stephen Jellie said the City is at the last tier for funding details, adding the City doesn’t have the final requirements yet. Mr. Loffler asked if the City has received the money yet, and Mr. Jellie said no.
3. Penny Sharrow said the kids in the community need the swimming lessons. Ms. Sharrow said City Manager Stephen Jellie had previously stated the water samples required by the New York State Department of Health (NYSDOH) were going to be expedited and questioned if one or two had been done. City Manager Stephen Jellie said two water samples were initially taken followed by two samples on the second test. Mr. Jellie explained NYSDOH authorized two samples per week for four weeks in addition to the after-rain samples.
Mayor Skelly said there was a need for Executive Session to discuss proposed, pending or current litigation that he needed to recuse himself from. Councillor Rishe made a motion to adjourn to Executive Session, and Councillor Skamperle seconded the motion.
The vote to adjourn to Executive Session was:
CARRIED, AYES ALL
On a motion duly made and seconded, the meeting was adjourned.
Good Evening I am Ann Lesperance, I live on Rensselaer Ave, in Ogdensburg. I am one of the three recruited applicants for the Board of Trustees of the Ogdensburg Public Library that Mayor Skelly has deemed unacceptable; per an email from Mr. Jellie, dated June 9, 2021. (and NCN 4/26). I was appointed to the Library Board by the previous city council. My appointment was scheduled to end on Dec 31, 2020. On Dec 17, 2020, Mr. Jellie was informed of my willingness to be reappointed for a five-year term. The city council voted on Dec 13, 2020 to extend appointments that ended Dec 31 until Jan 31, 2021, to allow the council time to review appointments. The council approved appointments on Jan 11, Jan 25, and Feb 8, 2021. None of these were for the Library Board. The council did not address the listed agenda item of appointments on Feb 22, March 8, April 12, April 26, and May 10, 2021. May 10 is the last posted notes for regular council meetings. At the April 26th meeting, a discussion under old business, reaffirmed that Mayor Skelly is responsible for Library Board of Trustee appointments. Mr. Jellie stated that five applicants were available. This is 2 applicants that responded to recruitment by the Library Board, myself and 2 additional applicants. Mr. Jellie stated these names would be sent to Mayor Skelly. Mayor Skelly stated he “would not simply appoint individuals recommended by the Library Board of Trustees.” Since Jan. 31st, Mayor Skelly has had responsibility of appointing 3 trustees to the Library Board. Since, at least April 26th he has had 5 applications. As of today, no appointments have been made. Mayor Skelly has shared criticism of the Library Board and Director, implying a lack of accountability (April 12), unsatisfactory effort (April26), poorly maintaining our building (April 26), poor management (NCN 4/26), failure to be efficient (NCN 4/26), that the library has wasted the taxpayer’s money for years (NCN 4/26), and a lack creative thinking (NCN 4/26). Mayor Skelly has also shared the library “needs new leadership on its board of trustees to make the difficult decisions that must be made to advance the library into the future.” (NCN 4/26) Mayor Skelly you have not completed your assigned job responsibility. You have failed to make the appointments that will allow our board to be at full strength. You have denied us the ability to get new view points and advance new ideas. It has been over 4 months. Be accountable Mayor Skelly, make the effort, make the difficult decision to appoint trustees to the Ogdensburg Public Library.
I thank the Council for their time and attention. And I thank the past council for their vote that allowed me the opportunity to serve as a Library Trustee.