Hello, Collar City! This is Issue 22, dated Feb. 15, 2019.

Hey, again! In this week's issue: a developer's day in court, a secret meeting about the city's legal headaches, a local law, and assorted Mayor Madden news. Enjoy...



Planned CDTA Bus Hub Debated In Court





The multimillion-dollar bus station, which would consolidate two stops on River and Fourth streets, respectively, and include climate-controlled space, would serve as a kind of focal point along the transit authority's long-planned River Corridor Bus Rapid Transit line (see



The state appellate court has original jurisdiction over these kinds of proceedings in the region; unlike many of the cases that come before it, this case has not been previously adjudicated by a lower court.



Patrick Seely, the attorney for Uncle Sam Garages, LLC (of which Bryce is the sole member), told the court Wednesday that only one CDTA board member attended a public hearing related to the planned taking.



"A public hearing is like any meeting that's being conducted by a public body, and in order to conduct your business you need to have a quorum," Seely said. Though no official action was taken at the hearing, Seely maintained that it was still critical for board members to have been present, especially given the stakes.



At a public hearing, board members are "supposed to hear," he said. "They're supposed to evaluate the people who come and present their comments, so that they have an opportunity to then be fully informed about it. Not just taken from a cold record."



CDTA's attorney, John Beaumont, suggested it wasn't necessary for there to have been a quorum at the public hearing. CDTA staff briefed the board on the project in an executive session before it voted to adopt a document that advanced the eminent domain process. The board received a summary and transcript of the public hearing before the vote, Beaumont said.



Seely, Bryce's attorney, also said the scope of CDTA's environmental review for the project was insufficient, citing the planned construction of contraflow, bus-only lanes around the garage on River, Fulton, and Fourth streets as one reason the project warranted a more scrupulous review. (Beaumont countered that the board had the requisite latitude to classify the project as a



It's unclear how quickly the court will decide on the matter. A CDTA spokesperson previously

In an appearance before the Appellate Division of the Supreme Court, Third Judicial Department in Albany on Wednesday, attorneys for developer David Bryce and the Capital District Transportation Authority debated the merits of the former's attempt to block CDTA from using eminent domain to take a portion of land adjacent to the Uncle Sam Parking Garage for a bus station.The multimillion-dollar bus station, which would consolidate two stops on River and Fourth streets, respectively, and include climate-controlled space, would serve as a kind of focal point along the transit authority's long-planned River Corridor Bus Rapid Transit line (see TL20 ). For about two years, leading up to this court battle, CDTA sought to acquire a long-term lease for the land, but the two parties never finalized an agreement.The state appellate court has original jurisdiction over these kinds of proceedings in the region; unlike many of the cases that come before it, this case has not been previously adjudicated by a lower court.Patrick Seely, the attorney for Uncle Sam Garages, LLC (of which Bryce is the sole member), told the court Wednesday that only one CDTA board member attended a public hearing related to the planned taking."A public hearing is like any meeting that's being conducted by a public body, and in order to conduct your business you need to have a quorum," Seely said. Though no official action was taken at the hearing, Seely maintained that it was still critical for board members to have been present, especially given the stakes.At a public hearing, board members are "supposed to hear," he said. "They're supposed to evaluate the people who come and present their comments, so that they have an opportunity to then be fully informed about it. Not just taken from a cold record."CDTA's attorney, John Beaumont, suggested it wasn't necessary for there to have been a quorum at the public hearing. CDTA staff briefed the board on the project in an executive session before it voted to adopt a document that advanced the eminent domain process. The board received a summary and transcript of the public hearing before the vote, Beaumont said.Seely, Bryce's attorney, also said the scope of CDTA's environmental review for the project was insufficient, citing the planned construction of contraflow, bus-only lanes around the garage on River, Fulton, and Fourth streets as one reason the project warranted a more scrupulous review. (Beaumont countered that the board had the requisite latitude to classify the project as a Type II action .)It's unclear how quickly the court will decide on the matter. A CDTA spokesperson previously told the Times Union that the River Corridor BRT line "is expected to begin service in late 2020."

Law Committee Meeting

All current members of the city council except for Jim Gulli met privately with the mayor and corporation counsel James Caruso on Wednesday for about an hour to discuss what the latter said are, in his opinion, the "big cases" pending against the city:

The case of Jaclyn Meyers, who sued the city in state court to recover for injuries she sustained when, in June 2014, she fell 20-25 feet through a skylight on a roof at the vacant/abandoned Leonard Hospital.

The case of Victoria Leigh Brothers, who, similarly, sued the city in state court after she fell about 20 feet from an "exterior catwalk" at Leonard Hospital in July 2016.

The case of Cinthia Thevenin, the widow of Edson Thevenin, who, after fleeing a traffic stop on suspicion of DWI in his car, was shot and killed by a Troy police officer in April 2016. Thevenin sued the city in federal court, alleging violations of her husband's civil rights.

The case of Dahmeek McDonald, who was non-fatally shot by a Troy police officer in 2017. McDonald sued the city in federal court, alleging violations of his civil rights.

The case of Cheryl Seaton and Moses Lugo, two residents with disabilities who recently sued the city in federal court (see TL19) over its alleged failure to maintain "accessible sidewalks, curb cuts, pedestrian crossings, and roads."

The city is represented by outside counsel in the Meyers, Brothers, and Thevenin cases.



Before leaving for another room at city hall to enter into executive session to discuss strategy for the above-listed cases, Caruso warned council members that if they later disclosed what was discussed, they might "be subject to a disciplinary action by the remainder of the city council."



New-Old Local Law





Nevertheless, the city continued to enter into installment agreements with property owners. The proposed local law, therefore, would authorize not only future arrangements but also current or past ones, dating back to July 1, 2016.



Council president Carmella Mantello supports the measure but has queried the legality of its retroactive component, even directing corporation counsel James Caruso to ask the state attorney general's office for an advisory opinion on the matter.



The city discovered the absence of the provision in the current charter in December 2018 but still may have entered into additional installment agreements after that time because it believes the agreements are in good faith and comport with state law and the previous charter, deputy corporation counsel Dan Vincelette told the council on Wednesday.



Deputy comptroller Andy Piotrowski said that, as of Wednesday, there was $131,000 outstanding on all installment agreements. Of all the property owners who have entered into such agreements since July 2016, not one has defaulted, he said.



I was the only member of the public at the hearing (and did not provide any comments).



The two next and final public hearings on the item are scheduled for Feb. 21 at 5:45 P.M. and March 7 at 6:45 P.M.

On Wednesday, the city council held the first of three public hearings related to a proposed local law that would allow property owners to pay delinquent taxes in installments. This practice is authorized by state law and was authorized by the city's old charter. A few years ago, however, when the city revised its charter, it neglected to include the provision.Nevertheless, the city continued to enter into installment agreements with property owners. The proposed local law, therefore, would authorize not only future arrangements but also current or past ones, dating back to July 1, 2016.Council president Carmella Mantello supports the measure but has queried the legality of its retroactive component, even directing corporation counsel James Caruso to ask the state attorney general's office for an advisory opinion on the matter.The city discovered the absence of the provision in the current charter in December 2018 but still may have entered into additional installment agreements after that time because it believes the agreements are in good faith and comport with state law and the previous charter, deputy corporation counsel Dan Vincelette told the council on Wednesday.Deputy comptroller Andy Piotrowski said that, as of Wednesday, there was $131,000 outstanding on all installment agreements. Of all the property owners who have entered into such agreements since July 2016, not one has defaulted, he said.I was the only member of the public at the hearing (and did not provide any comments).The two next and final public hearings on the item are scheduled for Feb. 21 at 5:45 P.M. and March 7 at 6:45 P.M.

Madden On North Central Stewart's, IDA Vacancy





I asked Mayor Patrick Madden on Wednesday if he might encourage the company to rethink that decision or if he otherwise had any comment on the news.



"I think it's unfortunate," the mayor said. "Stewart's is a well-run operation. It's well-lit. It has good products. It's well-managed. It's unfortunate that we're losing that in North Central. I understand they're a business. I understand that they have a business model, and it seems as though this doesn't quite fit in today's business model for them. I'd hope that they might look at other opportunities in and around that area. If the site itself was too small...then maybe we could help them locate another site in that neighborhood."



"You always hate to see services lost in any neighborhood," Madden concluded.



The mayor also told me he has not yet picked a council member to fill ex-councilman Mark McGrath's vacated seat on the board of the city's industrial development authority, the city-affiliated entity that gives tax breaks to large construction projects. The IDA's board, including the chair, has nine members, all of whom are appointed by the mayor and confirmed by the city council for three-year terms. Two of the seats are designated for current council members; Anasha Cummings still occupies one of them.



"I think we ought to have a full complement of council members before we choose one," he said. "I'd also like to talk to the IDA and see...what sort of skill set they would like to add to the board."



Lastly, Madden's mayoral campaign filed a disclosure report last month (as was required). Overall, as of last month, the mayor's campaign account held about $40,500. It has taken in a little more than $19,000 in contributions since last summer. (Madden does not, as yet, have any publicly declared opponents, at least as far as I'm aware.)





The TU and TR , citing a news release from the company, reported this week that Stewart's Shops, within a matter of days, will close its store at the southwest corner of Glen and Sixth avenues in the North Central neighborhood, about a block south of the Sanctuary for Independent Media. The shop was "not viable," according to the company's president.I asked Mayor Patrick Madden on Wednesday if he might encourage the company to rethink that decision or if he otherwise had any comment on the news."I think it's unfortunate," the mayor said. "Stewart's is a well-run operation. It's well-lit. It has good products. It's well-managed. It's unfortunate that we're losing that in North Central. I understand they're a business. I understand that they have a business model, and it seems as though this doesn't quite fit in today's business model for them. I'd hope that they might look at other opportunities in and around that area. If the site itself was too small...then maybe we could help them locate another site in that neighborhood.""You always hate to see services lost in any neighborhood," Madden concluded.The mayor also told me, the city-affiliated entity that gives tax breaks to large construction projects. The IDA's board, including the chair, has nine members, all of whom are appointed by the mayor and confirmed by the city council for three-year terms. Two of the seats are designated for current council members; Anasha Cummings still occupies one of them."I think we ought to have a full complement of council members before we choose one," he said. "I'd also like to talk to the IDA and see...what sort of skill set they would like to add to the board."Lastly, Madden's mayoral campaign filed a disclosure report last month (as was required).. It has taken in a little more than $19,000 in contributions since last summer. (Madden does not, as yet, have any publicly declared opponents, at least as far as I'm aware.) Click here to check out specific donations to Madden's campaign from individuals, corporations, and other entities, as well as the campaign's expenditures.

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