Hello, Collar City! This is Issue 19, dated Jan. 25, 2018.

Deconstruction Permitted

Land Bank Update

Sidewalk Suit

In this issue: the latest on the Mt. Ida Lake Dam, a pricey land bank-owned building renovation, a sidewalk suit, and a tree count. Onward...The city has finally obtained a permit from the state Department of Environmental Conservation to temporarily deconstruct a portion of the Mt. Ida Lake Dam, deputy mayor Monica Kurzejeski told the city council's general services committee last night. The city hopes to start preliminary work at the site on Tuesday, weather permitting.The state-issued permit requires that, within a year of the emergency work's completion, the city submit a plan to DEC regarding the site's future, the deputy mayor said. The city intends to hold a public meeting the night of Feb. 20 at the Italian Community Center—as of last night, the exact time had not been confirmed—to seek input on this more permanent outcome (i.e. rebuild the dam, don't rebuild the dam, etc.).The deputy mayor said the city is still seeking more information from the state Historic Preservation Office, which previously told the city's engineering firm in a letter that "a dam at this location is significant to the historic district." In the same letter, SHPO also recommended "that plans be developed to retain a dam" at the site. Last week, I asked SHPO's press office about the extent to which that recommendation is binding. Yesterday, after I followed up, a spokesperson got back to me but didn't really answer the question. "Once the dam is inspected and the city determines how they plan to proceed, SHPO may be involved if another state/federal permit is required or if funding is sought for the work," the spokesperson said.The DEC press office didn't immediately return my inquiry this afternoon regarding whether DEC takes a position on whether the city should eventually rebuild the dam.During the public comment portion of last night's meeting, George Jackman, a habitat restoration manager at Riverkeeper , an environmental advocacy group that focuses on protecting the Hudson River and its tributaries, spoke against rebuilding a dam at the site in the future."Almost every signature fish in the Hudson River is in decline," Jackman said. "If we do not do something to help fish and the ecosystem, these fish will perish in our lifetimes." In 2016, after the city removed a dam in the Wynants Kill , river herring returned to the Hudson River tributary within days, Jackman said."If it serves no real human need, then maybe we've got to think about taking [out] these artificial impoundments and restoring the ecosystem back to its natural course," Jackman said.Mark Heffernan, a member of Friends of Ida Lake, a citizens group that has coalesced around the issue, later countered that the dam provides "a great deal of access to the Poesten Kill [for humans] in the city of Troy, which is a valuable asset."F. Michael Tucker, a representative of Ampersand Energy, the owner of a hydroelectric facility downstream from the Mt. Ida Lake Dam, reiterated the company's concern about "silt inundation or other damage" to the facility as a result of the emergency work. In light of this potential liability concern, the city has requested from Ampersand copies of inspections of the plant's turbines and other documents related to the facility, the deputy mayor said.The board of the Troy Community Land Bank approved a $334,373 contract with Gallo Construction this week for the renovation of 791 River St., a vacant, two-story building next to Jack's Auto Parts in North Central.Board members expressed discomfort with the high cost ("I would think it would have, like, gold-plated everything," one said), but only one member, John Cubit, voted against the item. Their grudging support of the measure seemed largely influenced by a state funding round's extended expenditure deadline (May 2 of this year, enforced by a third-party administrator), and TCLB's lack of a more viable, alluring plan for how to spend the funds within the requisite time frame.The move marks a departure from past practice of the TCLB, which, after acquiring buildings, has typically either demolished or stabilized them before looking for buyers. At least part of the idea behind the renovation approach, which director Tony Tozzi described to the city council last September , was to broaden the pool of potential buyers for land bank properties, since stable-but-not-immediately-habitable buildings have limited appeal.The land bank has already spent, over the past few years, more than $71K on 791 River, a figure that includes a roof replacement and a partial demolition. The building's ground floor is a commercial/retail space, and its upper floor is a one-bedroom apartment. TCLB's realtor has estimated that, following renovations, the nonprofit will be able to sell the property for $150K-$200K."We understand that it's gonna be a financial loss, but I do think it's going to be a win in the larger picture," said board chair Heather King. The land bank exists to redevelop problem properties that might otherwise languish and harm the surrounding neighborhood, not necessarily to maximize its profits. TCLB's realtor said the renovation of 791 River could be a "catalyst" for the area and advertise the land bank's capabilities.The contract with Gallo says that upon receipt of a building permit, the work must be "substantially completed" within 120 days. TAP, a local nonprofit architecture firm, designed the renovation project and will be monitoring construction.Troy residents Cheryl Seaton and Mosses Lugo, both of whom have mobility impairments and use power wheelchairs, sued the city in federal court this month over its alleged "failure to ensure its sidewalks, curb cuts, and pedestrian crosswalks are properly constructed and properly maintained.""The streets and sidewalks in the City of Troy are unsafe for those who use wheelchairs," Disability Rights New York, which is representing the plaintiffs in court, said in a press release . "Mr. Lugo was thrown from his chair when it hit a pothole while crossing the crosswalk near Federal Street in the City of Troy. The pothole snapped the right front wheel off of his power wheelchair. Ms. Seaton had her footrest and battery damaged when her wheelchair hit a large gap between the sidewalk and the road. The damage was so severe that the wheelchair became inoperable and she was forced to call someone to assist her. As a result of the City of Troy’s failure to maintain safe sidewalks and streets, Ms. Seaton, Mr. Lugo and others cannot '#EnjoyTroy' without risking serious injury to themselves or to their wheelchairs."

The lawsuit mentions that during a Feb. 2018 meeting with city officials, Disability Rights New York provided “several examples and photographs of non-compliant curb cuts and sidewalks” in the city, but none were fixed by the time of the case's filing.



Relief sought by the plaintiffs includes a declaration that the city has violated sections of the Americans with Disabilities Act and the Rehabilitation Act, and an order that the city "develop and implement a remedial plan to cure existing barriers to access in order to provide meaningful access to Troy's pedestrian rights-of-way, including sidewalks, curb cuts, and pedestrian crossings."

Counting Trees

Links

Events

The mayor's spokesman declined to comment, citing a "city policy to withhold comment on pending or potential litigation."The city is seeking a firm to conduct a public tree inventory—a catalog of "trees, stumps and planting spaces on approximately 150 miles of public right of ways, public property and parks"—and a management plan, based on the data collected, that outlines the steps needed "to elevate the community forest to a sustainable level and better manage and grow inventory."According to the RFP, the city "currently maintains a city-wide database of trees based on 2014 aerial photography," but it is incomplete. The RFP anticipates that the project will be completed by the end of September. Bids are due Feb. 21.The city won a $100,000 state grant for this project, according to a mayoral announcement back in Nov. 2017 Last train for Troy: Rensselaer model railroad in danger (The Polytechnic, 1/16) Political parties prepare for earlier nominating deadlines (TU, 1/18). "[Rensselaer County Democratic Chairman Michael] Monescalchi said the loss of March, April and May is not going to make it easy to find a sheriff’s candidate to run against [Republican incumbent Patrick] Russo, though they will try." Troy shooting victim is from Glens Falls (TU, 1/22) Judge tosses case against Troy cop after prosecutors miss key deadline (TU, 1/23) Troy city councilman used racist slurs in voicemail (TU, 1/24). "'Certainly it was highly inappropriate. I was pretty shocked,' Council President Carmella Mantello told the Times Union. 'People have asked me, "Are you going to ask him to resign?" I believe that is in his court right now.'" This afternoon, Mayor Madden called for McGrath's resignation Troy mayor testifies in grand jury land sale probe (TU, 1/24) Abelove's remarks to victims' relatives lambasted (TU, 1/24) Habitat for Humanity unveils new house in North Central Troy (TU, 1/24) How Amy Klein's leadership has helped turn Capital Roots around [$] (ABR, 1/24) Bridges closed after boats get loose in Troy (TU, 1/25)Drink hot chocolate at a bunch of downtown businesses tonight for Troy Night Out. And/or: at 7:30 P.M., see Organ Colossal , a new, open collective of musicians, perform contemporary chamber music at the Arts Center (there's also some Super Dark Collective stuff happening before and after that at the same place). If you're feeling fancy and want more chamber music, make it over to Emma Willard the following night Monday night: learn about outlaw brewing at Rare Form . Tuesday afternoon, make altered puzzle piece magnets at the downtown library . Wednesday at noon, join students of Troy Music Academy at the Atrium's outdoor staircase for the reenactment of a famous rooftop concert. Thursday night, attend a poetry reading/film screening at EMPAC That's all! Reply to this email with questions, tips, etc. If this email was forwarded to you, sign up to receive future TLs here . Peruse the archive here . Expect TL20 next Friday!