MOUNT VERNON — A public hearing on the city’s proposed vacant property registry got off to a rocky start on Monday with the first question asked by local businessman Mark Ramser.

On hearing that the definition Ramser was asking about had been removed, Councilwoman Nancy Vail, chair of the city’s zoning committee, questioned who removed it and when. It quickly became apparent that no one had an updated version of the legislation, and a brief back-and-forth ensued.

Council members then split on whether to proceed with or postpone the hearing. They decided to continue after hearing from Mayor Richard Mavis.

“I would recommend that we go ahead,” he said. “We advertised it; there are people here to ask questions. The questions will generate research by this committee, and it can go on from there. There probably should be a second public hearing once we have input from this one. That would be my suggestion.”

Ramser’s concerns included whether a building purposely used for storage would fall under the registry ordinance and why the ordinance exempts government-owned buildings.

Law Director Rob Broeren said the ordinance does apply to buildings used for storage. Acknowledging that the ordinance imposes a penalty and not a tax for vacancy, he said the reason government buildings are exempt is merely because they are exempt from taxes and someone wanted it included.

“My personal opinion is that this should apply to government-owned buildings as well as privately-owned buildings,” said Ramser.

Ramser also had questions about the effect of the ordinance on the Siemens property but deferred to Jeff Harris, president of the Area Development Foundation. The ADF is seeking tenants on behalf of the city for the Siemens campus.

Harris said he opposes some elements of the ordinance because it puts properties like Siemens at a severe disadvantage. Referring to the need to address properties, such as the former Friendly’s Restaurant, that are vacant and ill-kept, he said some properties are absolutely incentivized by the owner to be refilled.

Jeff Harris head shot

“Moreover, they’ve got community partners trying their very best as well to fill those properties. Siemens is a classic example,” he said.

Harris provided council with the definition of abandoned land that the Knox County Land Bank uses and suggested that it gets the city closer to where it wants to be: addressing the Friendly’s situation rather than Siemens.

“I can’t underscore the amount of man hours that has gone into trying to get Siemens repurposed, and the idea of a $400 fee and accumulating on Siemens really troubles me,” he told council. “I feel like this is a cudgel, a broad-based penalty when we could use a more surgical approach like what the Land Bank uses.

“If we were to see these cumulative fees assessed against Siemens, it’s going to put us in even worse shape trying to work with the officers out of Boston who own Siemens and manage it.”

Noting that the relationship with Siemens is “careful,” Harris said he needs that relationship to be smooth.

Safety-service Director Joel Daniels asked what happens five to 10 years down the road if Siemens isn’t paying attention to the property and vandalism and broken windows result.

“I am scared to death that will become the next big brownfield in the city if it remains vacant,” he said.

Harris suggested a five-year carve-out exemption for the Siemens property.

“That’s an olive branch from the city to Siemens telling them they need to keep working with us,” he said.

Councilmen Sam Barone and Chris Menapace disagreed with the carve-out because it sets a precedent. Menapace also pointed out there is an appeals process for property owners subject to the vacancy fees.

“I am more inclined to give a two-year waiting period to everyone vs. a carve-out,” said Barone, adding that he favors the registry ordinance but wants to give owners time to comply.

Harris acknowledged there is a delicate balance between creating an incentive to avoid blighted buildings and making it burdensome and difficult for a company to do business.

Saying he understands the surgical approach, Councilman John Francis noted the eyesores such as the former middle school, a boarded-up ice cream parlor, and Friendly’s that came into being because of delaying action.

“Those are the places that are a nuisance,” he said. “We have an individual that’s employed and does a great job — Mr. Bemiller — and I think he resolves good discretion when he does his job. So it’s not like we’re going to attack every empty building that held industry or commercial use. I don’t think that’s what we’re after.”

At the end of the 30-minute hearing, Vail asked Ramser and Harris if they would work with council members and administration officials in creating good legislation. Both agreed to do so.

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