Corporation Counsel Walsh Drafts City Rental Occupancy Law

When Corporation Counsel Ron Walsh sent this to city council, only Aldermen Tobin and Michales were against it. Alderman Quail asked questions and then there were no other remarks from council. I asked Walsh to draft it. The landlord lawsuit happened the following week. By then it was too late to do anything.

I have letters from Knickerbocker, Land-use Attorneys, Jim Place, Chief Glover, and City Assessor David Briggs who were in full support of the square footage approach vs. the 3 unrelated.  On this advice I based my decision and recommendation to Ron to draft the letter.

Mayor Susan Feiszli, City of Cortland.

City Hall – Law Department

Ronald T. Walsh

Corporation Counsel

25 Court Street, Cortland, New York 13045

Website: www.cortland.org

Phone: 607-753-0872

Email: lawdept@cortland.org

Fax: 607-753-0385

To: Mayor Feiszli, Members of the Common Council

From: Ron Walsh, Corporation Counsel

Date: 6/11/2010

Re: City Rental Occupancy Law

I have been asked to draft an amendment to the City of Cortland Zoning Code that would legalize occupancy levels of rental housing units at the number of occupants registered under the rental permit program as of August 1, 2010. In other words, if a landlord admits in his/her permit application to having four unrelated tenants in a single dwelling unit, the use would be deemed to be in compliance.

The proposed language for the amendment is as follows:

ANY RESIDENTIAL RENTAL UNIT DULY REGISTERED PURSUANT TO THE CITY OF CORTLAND’S RENTAL HOUSING PERMIT LAW ON OR BEFORE AUGUST 1, 2010, THE OCCUPANCY OF WHICH EXCEEDS THE LEVEL ORDINARILY PERMITTED UNDER SECTION 300-2 OF THE CODE OF THE CITY OF CORTLAND SHALL BE DEEMED TO IN COMPLIANCE WITH THE ZONING LAW OF THE CITY OF CORTLAND AS A NON-CONFORMING USE EXISTING PRIOR TO THE ADOPTION OF SECTION 300-2 OF THE CODE OF THE CITY OF CORTLAND

This approach would accomplish a number of objectives –

1. It would likely forestall time-consuming and costly litigation. As you are aware, the City is facing at least one law suit in connection with the definition of family and our residential occupancy regulations. I have been told that we can expect a challenge to our rental permit law also. A conversation with Steven Lagrue, the attorney for several of the more militant landlords, leads me to believe that these law suits would go away if the city adopts this measure.

2. It would provide Dave Briggs, the City Assessor with an accurate indication of the income potential of various properties, which in turn will allow him to appropriately adjust the tax assessment of these properties. There would also be a disincentive for landlords to over-report occupancy levels, because the more occupants they report, the higher their property tax assessment would be.

3. It would secure buy-in from the landlord group to cooperate with the rental permit program, and it would result in hard and fast numbers of occupants of housing units.

4. With hard and fast occupancy levels established for all rental units as of August 1, 2010, the City will be in a much stronger position to prosecute future illegal expansions of occupancy. This would potentially stem the expansion of rental housing into single-family, owner occupied neighborhoods.

This amendment is constructed such that a landlord would not be in a position to claim in the future, that at their housing unit was grandfathered for occupancy of more than 3 unrelated people. The level of occupancy would be fixed at the number registered under the rental permit program as of August 1, 2010..

If anyone has any questions, please feel free to contact me.

Wood, Tobin and Hayes Opposed Mayor's 2011 No Tax Increase Budget

Wednesday night (November 2, 2011) the City held its second budget workshop on the Mayor's tentative budget. Department Heads did a phenomenal job with their presentation and received applause from those who attended for keeping within their budget, and looking for ways to increase revenue and save taxpayers' dollars and to enable a second consecutive budget with a 0% increase in taxes.

After the meeting, my husband came to pick me up at City Hall and was visibly upset. Chuck told me that we had received a political flyer from Mr. Tobin that claimed he had voted against the 2011 City budget because it was "dishonest". I immediately went back into Council Chambers and asked Mr. Tobin what he meant by that comment. Mr. Tobin floundered and then said that he thought the anticipated sales tax revenue was too low. This was in reference to last year’s budget that Mr. Tobin voted against which was a zero percent tax increase. During the middle of a recession with unemployment at an all time high and people out of work, I considered that a prudent move. Not dishonest.

Obviously the majority of the Council agreed, as the budget was approved 6-2 ( I believe that Ms. Hayes voted along with Mr. Tobin) and has proven to be solid and well thought out. We will finish this year in the black without the need to use reserve funds.

I would like to make note that the only resident who spoke out against my budget during public comment was former Chairman of the Democratic Committee, Mr. Bill Wood.

If there is any dishonesty taking place, it is in Mr. Tobin's claim. As your Mayor, I only proposed a tentative budget. Per our Charter, it is the main responsibility of Council to modify or amend as they see fit prior to the budget being brought to the public for comment and final adoption. If Mr. Tobin felt that strongly and calls himself a leader of the council, he should have been able to convey and convince the majority of Council to go along.

What Mr. Tobin’s campaign literature displays are feelings and opinions with no basis in fact. If the budget was "dishonest" then I am assuming the remainder of Council must be "dishonest" - as they decided to adopt it as basically proposed.

The only item the Council changed was to eliminate the entire contractual line from the law department to the Contingency line due to previous Corporation Council overspending

It should be noted that this was the first time in 20 years that budget amendments did not exceed the overall appropriations brought before Council for approval.

For the past twenty years, our former Director of Administration and Finance controlled the appropriations and brought a single budget amended proposal to the Council at the end of the year. It was always passed without comment.

In closing, was it Mr. Wood and Mr. Tobin who felt that taxes should be raised and that the Mayor and rest of Council were “dishonest”?

Mayor Susan Feiszli

Mayor's Dysfunction Or Leadership?

     The editor and contributors to the Cortland Contrarian have received and read a 16 page FOILable copy of minutes of a city department head meeting held February 24, 2010. In attendance were Mayor Feiszli, Alderpersons Craig, Ferguson and Tobin, Corporation Counsel Walsh and all department heads. Names of department heads were blacked out on the copy, but handwritten department head comments in the margins were retained.
     The purpose of the meeting was to review administrative action taken with regard to former Finance Administrator Bryan Gazda, who was on paid administrative leave at the time of the meeting. Mayor Feisli said that department heads had concerns about the performance of Mr. Gazda. Alderman Tobin related that council had a list of fifty-three concerns, which was reduced to sixteen questions, and presented to Mr. Gazda for his response. He did not disclose Mr. Gazda's response.
     "Alderman Tobin noted that one of the concerns was whether or not there had been any negative job performance evaluations on him during the first six months. Alderman Tobin noted that to the best of his knowledge no one had said anything during the previous administration."
     Immediate criticism from department heads followed Alderman Tobin's comment. One department head said he had sent an email to Alderman Tobin and reached out to Alderman Quail. He went on to state "that the council was misled in a public meeting on what Mr. Gazda gave the council information on." A general discussion about Mr. Gazda's performance and conduct followed.
     "Alderman Tobin stated that the idea was to hold Mr. Gazda accountable and let him know what the job expectations were. Besides some job performance issues to address, there are also anger management issues to address as well."
     Two department heads asked why the council was going to bring Mr. Gazda back.
     "Alderman Tobin stated that it was the mayor's decision to put Mr. Gazda on administrative leave and he has not been eliminated. The council is making a decision about what they think is in the city's best interest."
     These comments invited more criticism and challenge from department heads, who said they were looking out for the interests of taxpayers too. One department head "asked if the city had hired a Director of Administration and Finance trainee. He stated that he thought that was what everyone felt because Mr. Gazda had no knowledge."
     It was apparent from the minutes that city council wanted to extend a trial period for Mr. Gazda, to delay his immediate termination, but department heads wanted his employment terminated. Several department heads said they had been contacted by the media with questions on this matter and wanted to know how to respond. Corporation Council Ron Walsh stated that these questions should be directed to the mayor. There followed a discussion about legal issues attached to public comments on the subject of Mr. Gazda.
     Corporation Counsel Ron Walsh stated that he was "not comfortable about giving advice in this situation as he had applied for and interviewed for the position of Director of Administration and Finance." He recommended outside counsel.
     One department head asked if there was some legal reason why council was not discussing Mr. Gazda and why, with over one hundred years of dedication and experience to the city, department heads are being disregarded for one person. Alderman Tobin stated that the council had talked about how they could dismiss him. Mayor Feiszli stated the city wanted to do it legally. Department heads continued to press for termination of Mr. Gazda's employment with the city, citing the many disputes they had with him.
     At one point in the open discussion, "Walsh stated that the council members should ask what the council proposed to accomplish when department heads don't respect him. How can we go forward and then wait for an evaluation in four months?"
     Alderman Tobin noted "there is a process and part of the process will be clarifications of what is expected in this position as this will impact him in his position as well as fellow employees. This will be discussed, the council will not just hand him a job description, they will discuss with him their expectations of what he needs to do when interacting with his subordinates." (A handwritten note in left side margin: What was the outcome?)
     Alderman Tobin noted that the council "would be making a list of things Mr. Gazda has done, a list of what he needs to fix." (A handwritten note in left side margin: Where is the list?)
     "Mayor Feiszli noted that she would like to spend the next four months trying to get out of this mess rather than writing documentation of what Bryan is doing or not doing. She explained that a lot of time has been spent on this issue and it needs to be done with and taken care of. She felt there was not a working relationship with him and she stated to council members that if they wanted Mr. Gazda to come back, they were going to have to figure out how it was going to work.
     "Mayor Feiszli noted that she would continue to place him on administrative leave and she will be placing this item on the next council agenda. She went on to state that the mayor has the power to remove him with council's approval."
     On a discussion about confidentiality and FOIL, the mayor stated "that she had been asked to record this meeting and asked to take minutes and no executive session had been called, so that the minutes of this meeting were subject to FOIL."
     Other non-related issues were discussed toward the end of the meeting. The mayor indicated that she would put the job performance issue of Director of Administration and Finance on the March 2, 2010 council agenda. The controversy surrounding this issue was described by area media and political opponents as "dysfunction" and it was pinned entirely on Mayor Feiszli.
     What do you think?

Editor's Note: Readers may contact City of Cortland and request a FOIL for the complete minutes of the February 24, 2010 meeting.  www.cortland.org

Strategic Planning Committee Criticized

Sent: Thursday, May 05, 2011 5:09 PM
To: Brian Tobin
Cc: Susan Feiszli; mayor; Linda Ferguson; Dan Quail
Subject: "City dept. heads question intern questioning" - page 3 Cortland Standard

Dear Mr. Tobin -

I'm upset by the article in today's Cortland Standard. At the January meeting of the Strategic Planing Committee held in the Mayor's Conference Room - the first that you chaired - I raised concern that the department heads might not be comfortable with questions asked to them by interns. At the time you discounted my concern, but you did allow that you would "work with the Mayor". I took you on your word.


If you have spent any time working in government, you would know that minus some sort of approval from leadership, department heads are not going to speak freely with interns who may be unknown to them - especially in a politically charged City Hall. If you had worked with the Mayor as you indicated you would, she could have let department heads know that it was OK to speak with the interns and even let department heads know their names. The students who were trying to help us out would have had a much easier time, if you had put politics aside and done the right thing.


I asked to serve on the Strategic Planning Committee under Mr. Quail's
leadership because I felt his concerns were genuine and sincere. I too pay
taxes in our City and I'm deeply concerned. I even used my professional contacts to bring Deb Warner and Vito Shisciole to Cortland at no cost to the City. Ms. Warner and Mr. Shisciole have been involved with government consolidation for many years in Syracuse and Onondaga County and I thought they would bring a helpful perspective. Based on feedback I have heard, their comments were well received.

Under Mr. Quail's leadership, the Committee was insightful, interesting and, I believe, filled with good intentions. I actually thought we might be able to make a difference.


Under your "leadership", it was clear from the first meeting you chaired you
were there to steal ideas and use the Committee for personal/political gains for yourself. Given your announcement last week, I see that I was right about your aspirations. You have shown me that you will stop at nothing to further your personal/political agenda. You will use citizens, business leaders, whatever it takes. You will even jeopardize the integrity of a SUNY educational experience for two students for your gain. Shameful! In a few short months, you took something worthwhile and turned it into a disgrace. In the beginning, we had concerned residents and business people, their involvement has trailed off. I understand Hugh Keegan (who owns and runs a business in our City - and has for 20 years) has thrown in the towel. In general, people do not like to be used - I'm no exception. From the article in today's paper, I understand the word "deceitful" was used to describe your actions. I'd use the same word, but I'd add disgraceful and dishonest to the sentence.


I understand politics; I've been involved in successful political and issue
campaigns at the local state, and federal level since 1989 so I get it!
Citizen's count on our elected officials to separate the politics from the
governing. You have failed to do that. The primary is four months away and
there is important City business to be done. How about showing some governing?


In frustration,

Editor's Note: The concerned citizen who sent this email authorized publication but requested name deletion.

City of Cortland Strategic Planning Committee Misdirected

-----Original Message-----
From: Hugh Keegan [mailto:hkeegan@keeganinc.com]
Sent: Tuesday, May 17, 2011 11:55 AM
To: Susan Feiszli
Subject: Email


Hello Mayor Feiszli:

I read in the paper that the Strategic Planning Committee is somewhat on hold until further discussion and that people willing to participate should notify you and the Common Council.

I would like to continue to be involved however I have some thoughts.

1. I have not attended the last 4 or 5 meetings because I thought the
direction the committee was taking was not the original intent of the
Committee and I was un-willing to participate in that new direction.

That is the problem. Any further continuation of this committee (or any other ad hoc citizen committee for that matter), should have
clearly defined and very limited objectives and goals. I don't think this
committee ever had that.

2. Regarding those objectives for this one particular committee, it is my
opinion that the objectives should be to review the City's current financial
situation and make recommendations to the Mayor's Office and the Common
Council that would improve the City's financial situation. It would then be
the responsibility of the Mayor and the Common Council to take action on any
of the recommendations they deem necessary.


Regards,

Hugh Keegan

Editor's Note: The Strategic Planning Committee was tasked to find alternative solutions, including dissolution or consolidation, to address ongoing city fiscal problems. The committee was initially chaired by Alderman Dan Quail. In 2011 Alderman Brian Tobin assumed chairmanship of the committee. The ad hoc committee was never legally established by resolution of city council.

Who Am I? (Number 2)

     I was born in Greensboro, North Carolina during the Civil War. My father was a medical doctor, and I became a licensed pharmacist at age 19. I moved to Texas in 1882.
     I was employed as a rancher, a draftsman, and a bank teller. In 1894, I was accused of bank embezzlement at The First National Bank of Austin, but I avoided immediate indictment.
     I created a humorous weekly newspaper called Rolling Stone and earned some money with it. But it failed in 1895, and I moved to Houston and went to work for the Houston Post.
     Federal prosecutors were hot on my trail and they indicted me in 1896 for embezzlement from the Austin bank. My father-in-law put up bail, and I left Texas for Honduras. While in Honduras, I coined the term "Banana Republic." I also wrote a collection of stories called Cabbages and Kings.
     I returned to Texas in 1897 because my wife was dying of tuberculosis. I was arrested by federal authorities but I obtained a temporary release on bail. My wife died in the summer of 1897.
     I was found guilty of embezzlement in 1898 and sentenced to five years in an Ohio Penitentiary. I resumed the occupation of pharmacist and worked at the prison hospital while in jail. I also wrote some stories for magazines. I was released after three years for good behavior.
     I moved to New York City in 1902. "I was glad to be in a city so great, so complex, and diversified." Over the next eight years I wrote 381 short stories. Some were published in a collection called The Four Million. I tagged New York City as "Bagdad-on-a-subway," and I found unlimited material for stories in this vast melting pot of human struggle and existence.
     I am remembered for a terse writing style, plot twists and surprise endings. During my career, I wrote Gift of the Magi, Ransom of Red Chief, The Cop and the Anthem, and Tobin's Palm.
     I was an alcoholic, and died of cirrhosis of the liver, diabetes and heart complications in 1910. I was buried at Asheville, North Carolina. My daughter is buried there too.
    Most of my stories are signed O. Henry but my real name is William Sydney Porter.
    Read Gift of the Magi and Tobin's Palm at Google books:   http://books.google.com/ebooks/reader?id=1kxbAAAAMAAJ&as_brr=4&printsec=frontcover&output=reader

   Read Ransom of Red Chief at Google books:
http://books.google.com/books?id=DWcXAAAAIAAJ&pg=PA462&dq=ransom+of+the+red+chief&hl=en&ei=woWwTtK7Aujo0QGz0pTLAQ&sa=X&oi=book_result&ct=result&resnum=8&ved=0CFoQ6AEwBw#v=onepage&q=ransom%20of%20the%20red%20chief&f=false

Read The Love-Philtre of Ikey Schoenstein at:  http://www.literaturepage.com/read/thefourmillion-75.html

Best Man For This Job Is A Woman

10/31/2011

To the Editor:

After observing the two gentlemen running for the office of Cortland Mayor at the Chamber of Commerce /League of Women Voters Forum last week, a large group of citizens in Cortland have decided to give our voters another option, and will mount a grass roots campaign to write-in the name of the only really experienced and knowledgeable candidate to be mayor – Susan Feiszli.

Our present Mayor is a person who really works for all of the people of our City.

Susan Feiszli has paid more attention and given time to our City’s problems and tried to resolve them then anyone for at least the last twenty years.

Do we still have issues?  Of course, but I do not see how much will be accomplished to solve them unless we re-elect Mayor Feiszli to continue to really work as she has done these past two years.

She has worked tirelessly these last years to make our City better, business’s better, taxes under control instead of  continuing the past "good old boy" network.

She started with a negative fund balance and we have a surplus.

Mayor Feiszli has made difficult personnel changes to make city government more accountable.

Code has gone from 5 days a week to 24/7.

Mayor Feiszli has hired new consultants to get a fresh set of eyes on everything from Health Insurance to Labor Contracts to cut unnecessary expenses.

Mayor Feiszli is working with surrounding towns to try to save money.

Money has already been set aside in the 2012 budget to complete the retention pond to help prevent flooding.

Our aquifer is being protected through adopting the wellhead protection law.

Mayor Feiszli appealed the FEMA flood maps which took 500 properties off the maps, saving homeowners from unnecessary flood insurance.

Mayor Feiszli has hosted Educational Seminars along with tours of departments.  Attorney Generals Office and NYCOM have come to Cortland to talk about consolidation and shared services, Personal and Home Safety.

Mayor Feiszli and this Common Council have worked diligently with the New York State Comptrollers Office to correct their complaints regarding failures of past administrations to follow proper procedures. They have had the help and cooperation of our hard working city workers to rectify these problems.

Mayor Feiszli has experience handling our 18 million dollar budget-neither gentlemen have that experience.

Mayor Feiszli has the experience of visiting various areas of our State to find out how other cities handle problems similar to ours-neither gentleman have this experience.

Mayor Feiszli has often worked for all of us 65 plus hours a week, not 20 or 40 hours as the two gentlemen suggest they will.

This is an exciting yet critical time.  We need an experienced person to continue to make our city accountable and working; not get on-the-job training.

Join our grass roots write-in for Mayor Susan Feiszli and re-elect a real Mayor.

The best man for this job is a woman – Write-in Susan Feiszli.

Anne Doyle

Cortland