Fulton Common Council Split On Proposed Change To City Code, Mayor Breaks Tie To Vote Down Resolution

by Kassadee Bradshaw | November 5, 2020 11:18 am

FULTON – The Fulton Common Council met last night, November 4, and among its agenda, voted down a resolution proposing a change to the city’s charter in regards to acceptable length of grass and brush. 

The proposed change was brought forth by a few councilors who expressed concern of overgrown lawns on properties in their wards, according to Mayor Deana Michaels. The council held a public hearing on the change at last month’s meeting, but no member of the public spoke to provide their input. 

The city code 253-1 Growth and Maintenance Restrictions[1] currently states that it is unlawful for any property to have weeds, grass, brush or other rank vegetation that grow higher than eight inches. The proposed change would restrict the height requirement to no higher than six inches. 

In a roll call vote, half the council voted yes for the change and half voted no, resulting in the mayor voting as a tie-breaker. 

Yes votes: 

No votes:

Mayor’s tie-breaking vote: No. 

The resolution was voted down. 

Michaels explained that the reason she voted no to the resolution was because the codes department is struggling to get compliance from property owners with the eight inch rule and changing the height requirement to six inches would not change compliance or enforcement by the codes department.

“My concern is, at eight inches, we’re struggling to have compliance. At six inches, are we still going to struggle to have compliance? I’m afraid that we’re going to,” Michaels said. “What I think needs to happen is, there needs to be enforcement at the codes level, and we’re falling short in enforcing code that’s on the books… I’m afraid that if we vote this in, it too will not be enforced.”

Of the 14 items on the agenda, that resolution was the only one to be voted down. 

Agenda items from last night’s meeting include:

  1. There will be a public hearing on the proposed local law to override the tax levy limit established in General Municipal Law Subsection 3-c. The public is invited to speak their thoughts and opinions on the matter Tuesday, November 17 at 7 p.m. at the Municipal Building. 
  2. The minutes from last month’s meeting were approved.
  3. The City Clerk’s report in the amount of $4,686.25 was approved and placed on file. 
  4. 253-1 Growth and Maintenance Restrictions change was voted down. 
  5. Amend City Code 608-60[2] Schedule II: No standing. This change to the city code calls for adding parking prohibited signs on South Fourth Street West from Buffalo Street to Rochester Street. The council had a traffic study done on that street. The study area consisted of the 100-block of South Fourth Street. In the Fulton Police Department’s study, it found “no obvious reason to change the parking situation in the specified area of South Fourth Street.” Regardless, the council decided to vote to prohibit on-street parking in that area. Mayor Michaels said she had visited the area to observe the traffic and saw a clear concern.
  6. Department of Public Works Commissioner CJ Smith was authorized to purchase rock salt for the coming winter season from American Rock Salt C. LLC.
  7. Smith was authorized to sign a Shared Services Agreement with the NYS Department of Transportation. Michaels explained that in the event of an emergency, the city would like to work with its partner at the NYSDOT to make sure the situation is handled the best way possible. 
  8. The mayor was authorized to sign a Utility Work Agreement with the NYSDOT for Route 48 over Tannery Creek. Michaels said the DOT will be doing work in that area and the city has utilities there that will need to be moved. This will come at no cost to the city. 
  9. The council approved the sale of 823 Hannibal Street in the amount of $35,000 to Paul D. Reynoso. 
  10. The council approved the sale of 418 South 5th St. in the amount of $38,000 to Taylor Tice.
  11. The council approved the sale of 413 W. 3rd St. South in the amount of $14,900 to Donato Gervasi.
  12. The council approved the sale of 474 W. 3rd St. South in the amount of $41,299 to Patrick Sedlak, Robert Sedlak and Scott Agostellini, contingent that the current address of South 3rd St. South is changed to West 3rd St. South.
  13. The council approved the 2020 contract agreement with the Fulton Police Benevolent Association. The contract includes a 2.5% pay increase that will remain as base pay and the one-time payment of $750 per PBA member to cover from January 1, 2020 to August 31, 2020. Mayor Michaels said the city is forming a committee for contract negotiations with the police and fire departments.
  14. The mayor was authorized to sign a participation agreement with the North Atlantic States Regional Council of Carpenters. The agreement includes the agreement that the city will contribute to the Northeast Carpenters Funds $21.60 total fringe benefits per hour from January 1, 2021 to June 30, 2021. The Journeyman Carpenter wage rate shall be $28.40/hour for that time period. 

The full agenda and its documents can be found here[3].

 

Pictured left to right: Tom Kenyon, Doug Chapman and Don Patrick Jr. Photo by Kassadee Paulo.
Pictured left to right: John Kenyon, Audrey Avery and Larry Macner. Photo by Kassadee Paulo.

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Endnotes:
  1. 253-1 Growth and Maintenance Restrictions: https://ecode360.com/14876204
  2. 608-60: https://ecode360.com/14866233?highlight=&searchId=28810149531467309#14866233
  3. here: https://n.b5z.net/i/u/10247463/f/Meeting_17_Packet.pdf

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