Common Council - Regular Meeting

I had a great time. So, thank you. Nothing yet. Sunshine. She said she said, "Where's your app here?" I like her. That's fabulous. I love being here with you. how it goes.

When you said as soon as they're close,

good afternoon. We're going to start our study session. Thank you everybody for joining us. Um we're going to move right into council Montto. Mr. President, I have item uh 898. Wait, hold on. Hold on. You You can mention it or you can mention it up there. Go on. We're good. Yeah, we'll do it. Sorry. Go ahead. Uh the local law is ready. Thank you. Um, and then do we have any resolutions? No, nothing. Okay. So, we're withdrawing it. So, withdrawing it. Okay. Moving on.

We're going to withdraw the resolution. That's all set, right? Yeah. You're going to you're going to withdraw uh number 10 just so you can have it in your book. Okay. Okay. Cuz there's none. Okay. What did you say? We're withdrawing it to Yeah, because there we have no no um no commissioner. No commissioners of deeds or anything. So item 11 that would be the resolution um for the childcare solutions that would be ready, right? Okay. Is someone going to be here for you to present that to or you want to um you want to print out? So there's somebody that will be here at one for the one o'clock session. For the one:00 session, right? Ready? Yes. So then Yes. Okay. Excellent. Council Codwell.

Thank you, Madam President. Blessings to all today. I have item number 12. This is um an agreement with Syracuse University Maxwell School of Citizenship and Public Affairs to allow the city to receive one summer fellows in the masters in public administration program. Um a 10-week uh program, and it'll be an in-person fellowship program that will be ongoing with API. And it looks like the city and SU will be splitting funds. I have been speaking um to the people behind that. So it'll be an intern just good opportunity for some students to get in. Is it ready? Is it Is it ready? Yes, it's ready. Okay.

We do this. Who asked that? I'm just saying we did this Wednesday. So I just thought I'm just teasing. I'm sorry. I wasn't here Wednesday. No. Okay. on my other my work history. My other one just saying cuz I didn't speak on it. Well, maybe y'all wanted to be like it wasn't ready. No, I don't want it. It's like No, I'm just kidding. No, thank you. I just wanted to make sure everybody know unless any of the fellow common counselors or clerk has a question. Are you ready? I'm ready and you're ready. We're ready. Let's go. Thank you, councelor uh councelor Muk. Thank you, Madam President. I have item 12 through

Oh, is it 13? 13. 13 through 24. Item 13, we had a correction. Madame Clark, you took care of that. Um, of the amount. Uh, I didn't. Oh, there was supposed to be 40. She said she didn't. So, you heard that? I um No, I I did. I took care of it. I just noticed that in the um on the on the agenda I still have 13 the dollar amount but the bond is correct here. Okay. So it was supposed to be 4543 supposed to be 4500 right? Oh no no

453543. Yeah 14 is the correct amount. Okay. I was wondering if my counselors had a rough weekend or not. No, no, this is a correct. Right. Right. Okay. Yeah, it was correct. Me too. Me too. Yes. Was it corrected? It's still two different. Okay. Okay. This is the deal. This is what's happening, right? Um 13 and 14. Um number 14 is the correct amount. Number 13 is the amount that need needed to be corrected. I corrected 14 but then correct 13. Okay. Okay. The companion.

So that that will be corrected by be ready by one o'clock. It is ready. Um the bond is ready. Um I just need to correct it on the agenda. The short title just need to be corrected. Okay. So we are good. So good to go. Right. And it's got to be held anyway. So we'll talk about that later. All right. So it need to 13 and 14. The 14 need to be held. But the 13 is ready. 13 and 14 need to be held because it's part of the budget. Okay. It'll be voted on with the budget. Okay. So, we are holding 13 and 14. What about 15?

That's different. We We're good. We're good. We had a committee meeting on that. We are good to go with that, right, Madam Clark? Okay. Just want to make sure. Okay. Yes. Um 16. We also uh had question about I remember councelor Joe Rousler had a question about 18 right in which she asked about how many lots and the cost 17 huh those are good to go unless if somebody have question all right 16 and 17 any questions

no no questions okay 18 um the lots and we were asking about how many lots and the cost total that was supposed to be sent out. Did we get that? I received information about the additional money that because it's to authorize additional money for the same project. Yeah. Yes. So my s my questions are satisfied.

Okay. But the other question along that was we have been putting a lot of work in a lot of parking lots. How many parking lot total? Second, how much total cost is that? That was the question that was asked last week. Information. Yeah. I'm sorry. Say that again, please. Go ahead. Oh. Um, I shared that information Thursday afternoon um with all the counselors. Two documents. one, a word document detailing the parking lots, how many spaces each included. Um, and then also a uh a PowerPoint presentation that that SPD had provided which kind of walks you through where the parking lots are around 1153.

Um, okay. Is there any information you'd like me to No, no, the council is not here, but we will we'll let you know, but we'll we did get it in our email. Okay. Okay. We will uh make sure that the counselor that asked that question by water call should be good to go to see if she's satisfied. Okay. Please let me know if there's anything else I can do. You got it. Thank you. But as of now, we will call it ready with a question. Okay. Um so that's 18 and 19. That's 18 and 19. All set 20 and 21. Any questions? Yes. So councelor William 20 20. Go ahead, Eric. Sarah here. Okay.

Good afternoon, counselors. Eric Hennis with the mayor's office. So, I'm good, counselor. How about you? Good. Um, doing well. You want to go big picture or minute detail to begin with? Uh, whichever your preference. So, uh, we'll go with the the details. Um, the worksheet you gave us the March through June. Yes. one of your attachments.

I'm looking, you know, I think at issue the the big picture, the like large conversation we're having is around that material staging item. Um what you know, what is the calculation going to be for that? And um in your notes down on the bottom, I can't figure out how to make your numbers work. Okay.

Um note number two, you talk about 17,379 ft. And then note number three, the calculation you're using is 15,646. How did you jump from the 17 to the 15? And how did you get to either of those numbers? Given that I can't make the math given the curb to curb at 11407, the rightway east being 7757, the rightway west being 7889. I can't find any way to get to any of those numbers. And I I would have guessed that they should carry through in a logical order. Yes. So I can walk you through those calculations and ultimately how the that number was was utilized. Um high level the I think as from conversations we've had before the um area that we were looking at was the portion being utilized um from beyond the curb compared to the roadway itself. I think the question I just want to confirm the period you were talking about is it the 90-day extension period the one that um from March through end of June.

Correct. Okay. So that was the calculation is based on the area being utilized um for construction staging purposes and then it's based on the frequency of that area being utilized which is approximately 20%. So we were utilizing a portion of what the total calculation is based on the uh renewal formula and then based on the 20% of that number. So I can show and I can share with you the the numbers of how we arrived at those exact numbers. Yeah. and and I comprehend that but again how we jump from a 17,000 number and note number two to a 15,000 number and note number three little confusing for me. Okay. I think Eric I have a question too.

Oh I'm sorry. In big picture I think that

I fundamentally challenge your assumption of that 20% utilization when we're closing the entire right ofway. Um, you know, I don't know how you got there. If you could walk me through that number, that seems like it came out of, you know, thin air. Um, you know, how exactly did we get there? And even if we're talking about material staging as being a truck with materials sitting there, um, you know, two different things. One, they need to utilize the rightway to get to that particular point where it's sitting overnight. Um, and number two, we're still talking about a full closure of a rightaway when we're only charging a partial fee for the staging of materials. And that that seems like a mismatch. And, you know, we're voting on the budget this week. We have a $20 million, $24 million gap in our budget. It seems like we should be trying to figure out ways to find money rather than to be cutting breaks to the development community.

So, um, so counselor, I think I want to I'll try to answer the question from a high level kind of as as you've pointed through. I know we are going to be having an opportunity to meet with council majoke and other counselors uh this week around the and I'm happy to be able to use that opportunity. I think the city department of engineering as well that those the staff that are part of that review I think is helpful to that discussion too. But uh from a high level the point you're making about the road closure and the manner in which this is being considered for construction staging purposes. Um there are times where an area may be being utilized but it is not specifically for the purpose of equipment in the roadway or for some of that construction staging. As you know and I know you've studied the fee schedule extensively as have other counselors. There is some based on equipment being stored within the right of way. When we were having the conversation around the road closure of Comtock, the fire department, just as one example, the fire department has a minimum roadway with that they need to be maintained at all times for the purposes of any sort of incident or accident for public safety. So, there are portions of the roadway that are not being used for the construction elements and the construction staging pieces. Um, this has been through uh as well as extensive conversations with the general contractor who has been monitoring and examining and doing so on a weekly basis what their utilization is within the area of comtock. Um, as well as the areas just beyond the curb as well in the right of way. And the 20% piece was a number that we ultimately were really looking at based upon information that was being provided by the general contractor is also something that we are continuing to monitor and assess um because that was um basically a cumulative based on what they anticipate the utilization being over that 90-day period. We do it is part of our monitoring is that we have the ability if that if that is not an accurate number we have the ability for additional fees to be levied. That's based on the information that we'd be collecting as the project continues. And

so you said the general contractor provided you with information. What did that look like?

So this was based on we have a map file of the roadway and the area beyond the curb and as well as the calculation of the right of way that we also ran and looked at with our team as well to confirm that we we agreed and verified with those numbers. And then we were working with them to understand the looking at shipments and deliveries and items where they anticipate um construction of the cranes for example has been an extensive part of this discussion when the cranes were being constructed and utilized. A significant portion of of comtock was under construction or or was being used for that portion. Um that schedule changes and is not the same uh extent to what the area was being utilized for the first 90 days. That being said, we know that those cranes will have to be disassembled. So, so that information has been helpful to understand how not just how the roadway is being used to date, but then also what will on the back end deconstructing the cranes and as the project progresses. So, that that's been part of the information that discussion we've been having.

And you know what I'm trying to do is make sure that the taxpayers get their fair share of what they're owed given that the right of way that they paid for will be unavailable. You know, what is our internal process for monitoring both for monitoring that 20% number? um you know we we know that it'll change. What is your team doing day by day, week by week to make sure that the 20% isn't actually 25.

Yeah. Uh so I think that we have had multiple visits up to the site. I myself have done this at times when I'm certainly um in in the you know going up to University Hill and then other members of the engineering staff have as well. Um there's also uh weekly audits that the general contractor has agreed to be able to provide to extent uh and really look at the area that they are utilizing um within the right of way. So that's information as well that that is for monitoring purpose. Um the university also has a a live feed that is looking over the the site that's been part of our discussion to be able to utilize and understand for visual purposes. I think I had shared a screenshot of that to to the council just to be able to provide what that angle looks like. Um the last point I would make council before turning it back over to you I think that is um you know part of the discussion as this has continued around this project this unique example with an extensive closure period for a much longer period of time than what the original fee schedule had accounted for. Um we I think have also realized the amount of time and and staffing. I realized counselors have been up to the site as well. um just in terms of the ability to to monitor and assess. I think that's part of the discussions that we wanted to have with counselors about um in an instance like this one and part of the conversation we were going to be having this week on Wednesday is um what is the right approach as this continues and you know how do we account for the fee schedule and how do we account for procedure when we run into this incident in the future. Yeah, you know, the the words you used, Eric, you know, we talked about the weekly area that the general contractor is utilizing within the rightway. And I would argue that they're using 100% of the area within the rightway.

And you know, my issue with this item isn't whether or not there should be a road closure. I have no issue with the university. I have no issue with the general contractor. I feel like my issue is with, you know, our internal team and the the assumptions and calculations that we're making as this project moves forward. And so I ask you, what happens if the council were to vote this item down? Okay. So the to the point about the utilizing of the entire roadway, I'll start there. I think that the part of the way the fee schedule's broken out is it is based on equipment, material storage, other aspects of that nature, not necessarily the the vehicle to close a road is done through a liability waiver. That is something that had originally been applied for and was approved and and was was authorized at the December time frame when the road closure began. But it is the the fee schedule and what is included as part of that is really afforded by equipment items being stored in. That's that per unit calculation that that's included in

and so then where is the definition for material staging? Yeah. Where is the definition? So I I do not have that directly. It's not and stipulated within the the fee schedule but that

right and so that leads it to be open to interpretation if it's not clearly defined and you and I have different interpretation of what's happening. So again my issue isn't whether or not we close the rightway and you know allow the project to go forward. In fact, I would like to see that happen. My concern is how we have a differenced opinion of what material staging looks like. And you know, in the end of the day, I'm trying to make sure that the taxpayers are are receiving the benefits that they should from the project.

Sure. And I I what I would say is I will certainly gather more information from the Department of Engineering. The point I would just raise to is that we have certainly been trying to look at this from the precedent and how we have examined past projects. And so the the as I will work to make sure we have that better understanding of that definition and what that entails, we've also been looking at this through other projects of a similar nature when we're looking at area for equipment staging and how we've how we've used the right-of-way fee schedule, understanding it was passed in early 2025, but how it has applied to other projects leading up to this point. Um um Eric um we will reassess and come back at one o'clock. Okay.

Okay. Um I think I think council William concern is is is is sentimental to to a good number of us here that that that that 20% it's it's it's it's very trouble troubling and and no I go back to what what happens if we do not approve this item as it stands because they're already operating without a permit and have been for a number of weeks Yeah.

So they originally there was a liability waiver and a road cut. We have we have reached the point of expiration of that from the administrative standpoint. Yes. Um I think that we ultimately I I do not have the immediate answer for you counselor. I think that's part of the conversation and I think we ultimately wanted to continue to share the information that was requested from study session last week. Wanted to make sure that that information was provided. Um and ultimately that that going into this discussion to today and understanding the vote at 1:00. Um we're not sure ultimately what the you know position of council was going to be to take action on this item. So um I do not have an an immediate answer for you right now, but I will get

Joe. Is it worthy to to have a executive session with you and and our legal staff to talk about what does or doesn't play? For executive thank you. All right. We will we will do that then. We will uh after the meeting, Madame President, to adjourn to executive session then come. Okay. Thank you, Eric. Um um councelor Moore, I guess your question will wait, right? He he answered it. Okay. Okay, that works. Um so that was item 20. Item 21.

Item 21. Um what's is is that what is that? You may 21. Uh, and this is just a small amendment, right, to to extend the time, right? And the money. This is a new 5-year agreement. The existing 5-year agreement has expired, so it's extending it for agreement. One extra year, right? Nope. Five years. Five. Okay. Five years. Okay. You had a question.

Mary, thank you so much for um the description of this program, the last study session. One quick question, though. Um it did it did already expire. Um is that something that Cornell could be a little more proactive with next time in terms of making sure that we stay on schedule with the um Actually, it's my I'm going to take responsibility for that. I've been trying to get our capital projects going. So Okay. Um to our knowledge, the gauge has is still that was never turned off. Never turned off. They are continuing to serve. Okay. So we'll just Can we backdate the contract to the start of the year? Yeah, I think so. Okay. Thank you. Thank you very much.

Item 22 and 23 are ready except if anyone has a question. 24 is a resolution recognizing nurses week which starts this Wednesday and it will go on. Um so uh last week we asked all the councils wanted to be part of it. So thank you all. Uh any questions? All right, Madam President. Thank you. Thank you, Councelor Majog. Uh, Councelor Erin Rick. Thank you, Madam President. I have items 25 through 27. Um, they are all ready to go. Thank you. Uh, Councelor Moore.

Thank you, Madam President. I have items 28 through 30 and they are all ready to go. Thank you. Um, Councelor Williams. Uh, thank you, Madam President. Um, 31. when we held the hearing last Wednesday. That should be ready. 31. 31 is the special meeting. Council, we budget. It is. Oh, I was reading the end of it. Pardon me. Okay. 31 will be the special meeting happening Friday at 12 to vote on the budget. Okay. Thank you. So, that will be held. Correct. I'm so sorry. The public meeting was held on Wednesday, April 29th. Council. Yeah. Who wants to approve? Councelor.

Yes. Uh, Council Piag will approve that we're going to have a special meeting to vote on the budget on Friday. Uh, it's something been laid on your tables and something went out to y'all. So, this is this is actually the budget right here. That's the budget vote. This is the budget vote. Okay. I'm just not seeing where it says that we're having the special meeting on Friday in this. It wouldn't be on there. It wouldn't be on here. But so that you know, it's on the 8th. Gotcha. at 12.

And moving on to item 32. Um, interestingly, Joe showed us that uh Joe sent an article to myself that I I believe I fored on to you. Um, Erie County passed a very similar ban becoming the first county in New York State to pass a a piece of legislation of this nature. Um I provided an updated version this morning which should be the final version of the bill which has the carveout for financial institutions. Um 32 should be ready. We're going to introduce the table. That's it. Thank you, Madam President. Okay. Councelor Jones Rouser by Councelor Montto.

Thank you, President Paneagua. Councelor Jones Rouser has 33 and 34. 33 will be held for more information. 34 is ready. I have 35 through 40. If nobody has any questions on those those Go ahead, Councelor Calwell. No, not you. Not for you. I was talking to Rita. Oh, okay. Oh, okay. All right. Wait. So, you need um councelor Jones Rouser. 33 is held. 34 is ready. Okay. And then yours 30 uh 35 through 40 are all ready. If nobody has any questions, it's back to Okay. So, um All right. So, then, um yeah, we're going to go to executive session.

Oh, no. Can you um I was uh on Friday, Wednesday. Today's Monday. Thank you, Jesus. Um please back to one of your items, Donna, for the give program. The gift give program 29. 29. I don't think no one's here. Item number 29. Oh, you say 29? Yeah, for the give program. Um, Stephanie can staff. Oh, staff. Stephanie, can you get that? Yeah, it's for the police. It's not you. It's the police. It's no one from the police. Yes, they are. They are. Oh, okay. I understand. That's right.

29 hours. Yeah, it's 29. DCJS. Okay. Thank you. Hello. Hello. So, really quick for 29 and 30 for the GI program. This is the second or third term that we're in it. Um, what salaries are I mean I know what you say, but whose salaries are in this actual budget? So, I believe it's only the uh give coordinator salary that comes out of this and then a significant portion of it is overtime expenses for officers and other staff to participate in the program. So, when it says here, um, this one,

yeah, I saw that. But I want to know who the salaries were like. So it's a somebody in your department. This is different from um Pastor Latif department. Correct. So this is a give coordinator on the antiviolence that is working with Latif's department. Right. That may be referencing Latif. I'm not entirely sure. We have a give coordinator uh Sarah Pierce within our department. That's our This is Sarah's position. Yes. Oh, okay. I didn't know she was a coordinator. Okay. And then the youth trust building and um police and me initiatives that is what that's what's running please.

Uh so the youth trust building I'm not sure the police and me is a program within the school district uh where the officers go and read books to students and then there's the pizza with the police programs part of that as well. It's a separate youth program with the officers in the schools. That's what I need you to do. I thank you. I had questions. people wanted to know what that other part was and I knew um part of it but I didn't know it all. So thank you. This is for the extra part in reading into like the elementaryaries programs where the police so all of the funding comes from out of this give for that. Okay. Thank you. Welcome. Yeah. Okay.

Um can I make a motion to adjourn to executive session for legal advice on second motion? So, we're going into executive mo session to talk about item number 20. All in favor?