Midday Common Council Meeting

A Special meeting of the Amsterdam Common Council was held today at 12:30pm to speed up the process of replacing about 250 feet of floating docks at Riverlink Park that were destroyed by last summer’s flooding. City Recreation Director Rob Spagnola pled his case to the Council stating the docks were covered by insurance, that the City was already reimbursed for $50,000 for flood damages. The lowest estimate received was $65,000 and if approved the docks could be replaced in May, in time for boating season. The resolution to authorize bids limited to the floating docks was unanimously passed by the Council (Alderman DeRossi was absent from meeting).

Spagnola went on to state that the docks were the only part of Riverlink Park that was covered under flood insurance. Damage to five decorative light posts is estimated at $15,000. There was also damage to the concession building that was under three feet of water. An adjacent supply shed was also destroyed by the flood.

The only other piece of legislation presented at the meeting was an introductory resolution to place stop signs on Florida Avenue at the intersection of Bridge Street in both directions. A public meeting to discuss this ordinance was scheduled for next Tuesday, February 21, 2012, at 7:20pm.

Also absent from the meeting were the Amsterdam Police and Fire Chiefs as well as City activist Diane Hatzenbuhler (there was no public comment segment in today’s meeting). Reporter Ed Munger covered the meeting for the Daily Gazette and Jarrett Carroll covered the meeting for the Recorder. I was the only City resident in attendance that was not a City employee.

Enough With the Signs Already!

This is the view that assaults drivers as they cross the bridge and enter the City of Amsterdam for the first time.  On top of GPS units giving wrong directions to cell phones,  Blackberries, iPods and iPads,  Amsterdam decided to add one more element to catch the attention of already distracted drivers in the form of new business ads on the bottom of the City’s streetlight banners.

The new signs do negatively impact the safety of our residents by further distracting drivers traveling on Church Street. One driver not familiar with Amsterdam, ran the red light on Church and hit my car friday afternoon, claiming they never saw the traffic light because they were distracted!

The City may want to reevaluate the number and placement of these signs on Church Street. No marketing campaign is worth risking the safety of our residents.

Update:

The signage pictured in the image violates the City of Amsterdam Zoning Codes and as such, should have required a special permit to allow these signs to be erected.  The following is the current City of Amsterdam Zoning Code regarding signage and advertising material:

§ 250-29. Sign regulations.

Signs may be erected and maintained only when in conformance with the provisions of this section and § 250-65  of this chapter.

A. General standards. The provisions contained in this section shall apply to all signs and all use districts, regardless of designation:

(1) Any sign or use of signs not specifically permitted by provision of this chapter is prohibited.

(2) No sign shall be located in such a way as to interfere with driver vision of other traffic.

(3) Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

(4) No projecting sign shall be erected or maintained from the front or face of a building a distance of more than three feet, nor shall any sign project into or over a public right-of-way.

(5) No sign shall be higher than the height limit in the district where such sign is located, nor shall any sign be placed on the roof of any building.

(6) No portable or temporary sign shall be placed on the front of any building or premises, except as otherwise provided herein.

(7) No sign shall be freestanding, except that one freestanding sign shall be permitted for each planned shopping center, as defined in this chapter, and for each major commercial or light industrial use located on an individual site in excess of two acres of land area. The gross surface area of such freestanding signs shall be included within the maximum sign area allowable in the applicable zoning district. Any such sign shall be located not less than 15 feet from any street line and not less than 10 feet from any other lot line.

(8) No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. Included are signs which are mechanically animated, such as moving, rotating or revolving signs. Said devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention when not part of a sign.

(9) All signs shall be constructed of wood, metal or other durable material approved by the Building Inspector.

(10) No sign shall advertise a product or a service not principally available on the premises where such sign is located.

(11) Not more than two signs, as defined herein, shall be permitted on any premises.

(12) A canopy or an awning shall be considered to be a sign when displaying letters, numbers or symbols that advertise or announce a place, person, product, service or concept, except that a street address shall not be considered to be a sign. A canopy or an awning displaying signage shall not be considered to be a projecting or a hanging sign. A canopy or an awning displaying signage on more than one side shall be considered to be one sign and the allowable aggregate gross surface area of the signage shall be determined in accordance with the regulations of the zoning district in which it is located. An awning displaying signage shall be located on the lowest floor occupied by the business or service it is advertising or announcing.

(13) Without prejudice to the existing nonconforming status of any sign, the owner of a sign and the owner of the premises on which each sign is located shall be jointly and severally liable to maintain such sign and supporting structure, including its illumination sources, in neat and orderly condition and good working order at all times and to prevent the development of any corrosion, rotting or other deterioration in the physical appearance or safety of such sign or supporting structure. Unsightly, damaged, deteriorated signs or signs in danger of falling shall be put in order or removed upon written notice from the Building and Zoning Administrator.

B. Signs in residential districts. The following nonilluminated, accessory signs are permitted in the most restricted residential districts (R1, R2 and R3) and may be erected without issuance of a permit or payment of a fee, except that in the Historic Resources Overlay (HR-O) District all such signs identified in Subsection B(2), (4), (5), (6) and (7) shall be subject to review and approval by the Planning Commission.

(1) Nameplates and identification signs indicating the name and address of the occupant, provided that they shall not be larger than two square feet in area. Only one such sign per dwelling unit shall be permitted, except in the case of corner lots where two such signs, one facing each street, shall be permitted for each dwelling unit.

(2) For multiple-family dwellings and for buildings other than dwellings, a single identification sign not exceeding six square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot two such signs, one facing each street, shall be permitted.

(3) Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any other person interested in the sale or rental of such premises, and signs bearing the word “sold” or “rented” with the name of the persons effecting the sale or rental may be erected or maintained, provided that:

(a) The size of any such sign is not in excess of six square feet.

(b) Nor more than one sign is placed upon any property, unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage.

(c) Such sign or signs shall be removed within a reasonable time period after the premises has been sold or rented.

(4) Institutional signs of schools, colleges, churches, hospitals or other similar public or semipublic nature may be erected and maintained, provided that:

(a) The size of any such sign is not in excess of 12 square feet.

(b) Not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage.

(5) Signs designating entrances or exits to or from a parking lot and limited to one sign for each such exit or entrance and to a maximum size of two square feet each shall be permitted. One sign per parking lot designating the conditions of use or identity of such parking lot and limited to a maximum size of nine square feet shall be permitted, provided that on a corner lot two such signs shall be permitted, one facing each street.

(6) Development signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer or other persons interested in such sale or development, may be erected and maintained, provided that:

(a) The size of any sign is not in excess of 20 square feet.

(b) Not more than one such sign is placed upon any property, unless such property fronts upon more than one street, in which event one such sign may be erected on each frontage.

(c) Any such sign shall be removed by the developer within 15 calendar days of the final sale.

(7) Artisan’s signs such as those of mechanics, painters and other artisans, may be erected and maintained during the period such persons are performing the work on the premises on which such signs are erected, provided that:

(a) The size thereof is not in excess of 12 square feet.

(b) Such signs are removed promptly upon completion of the work.

C. Signs in business, medical/institutional, commercial and light industrial districts. The following accessory signs are permitted in any business, medical/institutional, commercial or light industrial district (PB, RB, MR, CLI, LI or WF) in accordance with the following regulations and upon issuance of a permit by the Building Inspector. The aggregate gross surface area of all signs on a lot shall be as specified in the following table:

	PB and RB (Professional Business and Retail Business)	.5 square foot per foot of lot frontage, not to exceed 30 square feet
	MR (Medical/Residential)	.2 square feet per foot of lot frontage, not to exceed 20 square feet
	CLI and WF (Commercial/Light Industrial and Waterfront)	1. square foot per foot of lot frontage, not to exceed 60 square feet
	LI (Light Industrial)	1 square foot per foot of lot frontage, not to exceed 100 square feet

D. Temporary signs. All signs of a temporary nature, such as political posters, banners and signs of a similar nature, including school, church or civic functions, shall be permitted for a period not exceeding 30 calendar days, without permit or fee, provided that such signs are not attached to fences, trees, utility poles, regulatory signs or the like; and, further, provided that such signs are not placed in a position that will obstruct or impair vision or traffic in any manner. Such signs may not represent a commercial product, activity or enterprise and shall not exceed 30 square feet per side.

E. Directional signs. Businesses and public destinations shall be allowed not more than two off-premises directional signs in a district zoned for commercial or light industrial use as a special permit use subject to the provisions of Article VII of this chapter and the following requirements:

(1) In locations with more than one directional sign, all such signs shall be affixed to a common standard and shall be graphically coordinated and arranged so as to present a neat and orderly appearance.

(2) No directional sign shall exceed six square feet in area. In areas with more than one directional sign, the aggregate area shall not exceed 30 square feet.

Chapter 64. ADVERTISING MATERIAL

Article I. Defacing Trees and Poles

§ 64-1. Affixing bills and advertising matter; penalty.

It shall be unlawful for any person to affix or cause to be affixed to any tree, electric light or telephone pole in any street within the city, any printed bills or other advertising matter. Every person violating this article shall be deemed guilty of a violation punishable by a fine of not more than $250, imprisonment for not more than 15 days, or both such fine and imprisonment.

Article II. Bill Posting and Distribution

[Adopted 9-8-1897]

§ 64-2. License required.

No person shall engage in and carry on the business of bill posting or bill distributing or sign advertising or sample distributing in the City of Amsterdam without previously having obtained a license so to do under the provisions of this article.

The Drop Shop

Amsterdam’s newest downtown business is The Drop Shop in the former Hotaling Florist building on 27 Division Street. Proprietor Michele D’Onofrio is very pleased with this great location right off of Pearl Street next to the First Niagara Bank. The building with 3,360 square feet of retail space is also ideal for the multifaceted business that Michele has envisioned.

The Drop Shop is a consignment sales and storage place for both large and small items. The customer pays 3% of the asking price when dropping off items for sale. If the item sells within 30 days, the customer will get 95% of the asking price. If the item does not sell there is an extra 3% charge due each month the item remains in the shop.  There are already dozens of items available for sale in the shop.

Store hours  are now Fridays 3-6, Saturdays 10-2 and Sundays 10-3 but will be expanding in a just a few months. Arrangements can also be made to drop off or view items at other times by contacting the store.

You can get more information about The Drop Shop by calling (518) 843-4300 or by emailing dropshop27@yahoo.com

Michele is an artist at heart, with a degree in Graphic Design she found her real passion in creating flower arrangements. She uses real flowers, silk flowers and has even created a realistic looking flower arrangement out of feathers. This second facet of her business is Silk N Lace Bouquets which includes wedding and formal gowns at very reasonable prices. A collection of vintage women’s  gloves still in their original packaging, manufactured in Gloversville, rounds out the wedding collection. Michele also sells gowns for young ladies as well as christening gowns.

The third facet of Michele’s business is selling David Oreck Candles. As a scent specialist for the David Oreck Candle Company, Michele can help customers start their own home shows.

It is great to see downtown Amsterdam slowly coming back to life!  Downtown encompasses much more than East Main Street. I wish Michele well in her new small business endeavor. The Drop Shop may even be a great place for an old photographer to sell some of his fine art prints!

Bobby O’Brien 1963-2012

Local radio talk-show personality, Irish Folk Singer and local business owner, Robert B. Harold (aka Bobby O’Brien) died suddenly Wednesday afternoon at his home on Lefferts Street in Amsterdam.

Born in Donegal, Ireland, Bobby grew up in Ansonia, Connecticut before moving to Amsterdam at the age of 18.

Bobby O’Brien recorded an album Irish Songs I Love to Sing in 2002

The owner of Millennium Music store in the Town of Amsterdam was known locally for his sharp-tongued criticisms of local political figures.

The Bobby O’Brien Show aired Fridays on WCSS radio until 2010 when his show and the Bob Going and Mike Chiara show were taken off the air. They started the podcast The Show With No Name at the Europa Cafe in Amsterdam, NY.  It was the first topic of my newly formed blog, The Grove Street Grumble back on January 28, 2011. The following photos were taken during the taping of that first show. Bobby is in the blue sweatshirt seated next to Bob Going.

Rest in Peace Bobby O’Brien

GOP and the Religious Wrong

Just when did the Republican Party become a religious organization? I am disgusted by anti-gay statements made by Republican candidates for the top elected office in the United States. These candidates are using religious-based bigotry to play on the public’s fears in an effort to garner votes from the religious right. Since when is it OK to demonize a class of people in the United States, vowing to strip away civil rights?

Barry Goldwater – Republican Senator from Arizona tried to warn us about this public threat in a speech to the US Senate in 1981.

On religious issues there can be little or no compromise. There is no position on which people are so immovable as their religious beliefs. There is no more powerful ally one can claim in a debate than Jesus Christ, or God, or Allah, or whatever one calls this supreme being. But like any powerful weapon, the use of God’s name on one’s behalf should be used sparingly. The religious factions that are growing throughout our land are not using their religious clout with wisdom. They are trying to force government leaders into following their position 100 percent. If you disagree with these religious groups on a particular moral issue, they complain, they threaten you with a loss of money or votes or both.
I’m frankly sick and tired of the political preachers across this country telling me as a citizen that if I want to be a moral person, I must believe in “A,” “B,” “C” and “D.” Just who do they think they are? And from where do they presume to claim the right to dictate their moral beliefs to me?
And I am even more angry as a legislator who must endure the threats of every religious group who thinks it has some God-granted right to control my vote on every roll call in the Senate. I am warning them today: I will fight them every step of the way if they try to dictate their moral convictions to all Americans in the name of “conservatism.”

Goldwater issued another warning in 1994 , as quoted in John W. Dean’s book Conservatives Without Conscience:

Mark my word, if and when these preachers get control of the [Republican] party, and they’re sure trying to do so, it’s going to be a terrible damn problem. Frankly, these people frighten me. Politics and governing demand compromise. But these Christians believe they are acting in the name of God, so they can’t and won’t compromise. I know, I’ve tried to deal with them.

That time has come. Republicans using the name of God have declared war on gay Americans, vowing to repeal all marriage equality laws stating that gay Americans can be cured despite the fact that being gay is not an illness. We have Republican Presidential candidates like Rick Santorum wanting to reinstate the military’s failed DADT policy. Santorum who never served his country in the military, stated the repeal of the policy was “detrimental to soldiers”.  The Republican pseudo-religious group calling themselves the Family Research Council stated that repealing DADT would cause 30% of the military forces to leave the military.

Nothing could be further from the truth. The repeal of the policy has had absolutely no effect, other than to finally end the discrimination against gays and lesbians who serve.

The Family Research Council is listed as a HATE GROUP by the Southern Poverty Law Center because of their anti-gay rhetoric that uses false information to persuade political opinion such as linking gay men to pedophilia and pushing to criminalize gay behavior.  The actions of this group are not unlike those exhibited in Nazi Germany who criminalized, warehoused and executed gays and Jews in World War II.

The Family Research Council isn’t really pro-family as much as it is anti-gay. The FRC awarded Republican Representative Joe Walsh with a pro-family award despite the fact that the deadbeat dad owed $117,000 in unpaid child support to his ex-wife. That wasn’t enough of a deterrent for Dan Weaver to use the Family Research Council as a credible source of information in The Mohawk Valley Independent. Weaver who once equated gays to drug addicts is entitled to his homophobic opinion.  I will no longer be reading or recommending his online news blog.

With each day that passes, more Americans are beginning to understand how the Bible was misused in the past to bolster personal prejudices and fears in trying to control the masses. It was used to enforce slavery, to prevent interracial marriage and to treat women as second class citizens. Today the minority target is gay Americans. It is NOT OK to bring these beliefs into the political arena. The Separation Clause of the 1st Amendment was interpreted by the US Supreme Court as prohibiting  the same.

Attempting to legitimize this type of bigotry against gay Americans in the name of religious teachings also has a detrimental affect on children in today’s society, giving them a reason to bully others who are gay.

New York State legalized same-sex marriage last year and previously instituted legislation to prevent discrimination based on sexual orientation in the form of the Hate Crimes Act of 2000. In 2003 the term sexual orientation was added to the NYS Human Rights Act which among other things, prohibits discrimination in job hiring, public accommodation and housing.

Under NYS Education Law, the Dignity for all Students Act becomes effective July 1, 2012. This anti-bullying law states in part:

§  12. Discrimination and harassment prohibited. 1. No student shall be subjected to harassment by employees or students on school property or at a school function;  nor shall  any  student be subjected to discrimination based on a person’s  actual  or  perceived race, color, weight, national origin, ethnic  group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or students on school property or at a school function.

Gay Americans have faced discrimination and adversity for far to long to have these civil rights (yes they are civil rights protected by the 14th Amendment) stripped away by Republican wannabes wearing religion on their sleeves.

Cheez Doodles

… I provide the service, and once I’m paid I can provide Cheez Doodles.
—Amsterdam Corporation Counsel Gerard DeCusatis

The Cheez Doodle quote from 2010 describes the use of public money by DeCusatis to pay (or not pay) his secretary. After presenting the 2012 Common Council with a new contract that included a 25% pay raise, DeCusatis was not approved for the job of Corporation Counsel. The current salary for the City of Amsterdam’s Corporation Counsel is $59, 117.

The job of Corporation Counsel is part-time and DeCusatis chose to work from his own office, yet wanted pay for the extra work done by his secretary and included items such as a $60./month stipend instead of using a City owned cell phone.

Things were not all rosy when it came to the job performance of the Corporation Counsel. Under the City’s employ, DeCusatis has often acted outside of the scope of his duties regarding Council Meetings, speaking out of turn as if he were a member of the Common Council. During meetings, the Corporation Counsel’s role is an advisory one, to clarify questions about legal issues.

While DeCusatis worked with Ann Thane for a several years on the Waterfront Commission, it is often speculated that he has a great influence on decisions made by the Mayor. He has been the subject of heated debate by the Common Council and the community.

The City is being sued for $900,000 by the American Home Assurance Co, to recover monies paid to Thomas Eliopoulos owner of the former Edy Brush Company factory building that burned  July 14, 2010, due to arson on Brookside Ave. The building was foreclosed by the City and contained a large inventory of books and other property.

The City was also sued by Uri Kaufman which required the hiring of an extra attorney to represent the City.

Apparently DeCusatis has infuriated the Common Council ambushing them with a new contract increase of $15,000 tacked on to his appointment resolution.  When the appointment was voted down, DeCusatis quoted Public Officer’s Law stating he stays in the position. Let’s look at that section of Public Officer’s Law:

Public Officers Law/Article 2/ § 5. Holding over after expiration of term. Every officer except a judicial officer, a notary public, a commissioner of deeds and an officer whose term is fixed by the constitution, having duly entered on the duties of his office, shall, unless the office shall terminate or be abolished, hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified; but after the expiration of such term, the office shall be deemed vacant for the purpose of choosing his successor. An officer so holding over for one or more entire terms, shall, for the purpose of choosing his successor, be regarded as having been newly chosen for such terms. An appointment for a term shortened by reason of a predecessor holding over, shall be for the residue of the term only.

The Amsterdam City Charter describes the appointment here:

C-41 Law Department

There shall be a Law Department, the head of which shall be the Corporation Counsel, who shall be appointed by the Mayor subject to approval by the Common Council as a part-time officer of the City.

Most people are not aware of this Charter provision:

C-29 Powers and Duties of the Common Council

I.  Should the Mayor fail to appoint any position required by the City Charter within 90 days of a vacancy therein, then the Common Council may directly appoint such position.

In my humble opinion, the longest the Common Council has to deal with this cheesy situation is three months. Hopefully they will have hired a new Corporation Counsel by then. This whole incident makes me wonder if the outrageous salary demand during a fiscal crisis, was Gerry DeCusatis’ way of bowing out of the appointment.

My congratulations to the members of the Amsterdam Common Council who had the balls to vote against the DeCusatis appointment. It will be interesting to see how Ann Thane functions without  him.

Grove Street Grumble 2011 Recap

This is my 120th post on the Grove Street Grumble. The blog will be a year old on January 31, 2012, and it has been quite an exciting year.  The blog had 40,656 total views so far.

The post New York State of Emergency Confusion was the most viewed blog entry posted on September 8, 2011, with 781 views.

The first week in June was the highest viewed week with 2,496 views. It contained these posts:

Marriage Equality in New York State

Looking Back With Pride

Dan Weaver is Wrong!

Overpriced Parking Lot

Queen Ann Makes Another Appearance

Grove Street Fire

June was also the highest viewed month with 6,580 views, followed by May 5,657 and November with 4,689.

June 24, 2011, made history when New York State Passed the Marriage Equality Act.

This was my favorite post: Change

This video received a lot of hits:

 

Unfortunately, this was my most viewed photo, stolen from my website by Vincent Casale, campaign manager for failed mayoral candidate Joe Emanuele, and owner of  the advertising agency The Casale Group. The Copyrighted image was used without my permission in anti-Thane campaign mailings. I was never paid for the illegal use of this photo.

The following were some of my favorites from 2011:

The blog is an ongoing learning experience for me. I still find it amazing that complete strangers come up to me and shake my hand, congratulating me for the work I do on this blog.  I met a lot of really wonderful people in the process (and some not so wonderful).

Thank you all for reading the Grove Street Grumble. Please feel free to subscribe to the blog and post comments.  There will be more good things to come in 2012.

Happy New Year!