http://www.dailygazette.com/news/2015/jun/16/foul--threatens-schenectady-community-garden/?dgzrgSCHENECTADY — The city is trying to negotiate an agreement with Quest to manage a garden at a vacant lot on State Street after miscommunication between the city and Quest left the property in limbo.
Quest founder and director Judy Atchinson said she decided to clean up the property and develop it into a vegetable and flower garden after the city gave her the OK to do so. But two months later, she received a letter from the city that the land did not belong to Quest after all.
“They identified the land as ours,” Atchinson said of the property at 822 State St., next to Quest. “After that, we started talking about putting in the garden in the beginning of April. We saw a chance to do something good. We did this with all the right intentions, then the city sent us a letter that we are using a lot that belongs to the city.”
The 30-by-200-foot lot was left vacant after fire destroyed a house there a year ago. After the home was demolished by the city, the site was basically a dump, Atchinson said.
“We had to clear it first because it was full of needles and human feces, and you don’t even want to know what else,” she said. “People used to pull down their pants and go to the bathroom, and people were having sex out in the open. We complained and got nowhere and just kept getting the runaround.”
Quest offers an afterschool program and a hot meal five days a week to children who struggle with poverty and emotional and mental health problems. Atchinson said James Buhrmaster, who volunteers for the nonprofit organization, came up with the idea to have the children harvest, cook and serve vegetables from the garden.
“James went to City Hall in March to see what he [could] do,” she said. “He came away with the answer that the lot was ours and they gave the purchase date as the same date we purchased our property. Now, the city says they did not make a mistake and we were confused with the numbers.”
Corporation Council Carl Falotico said Quest provided the city with the address of their current property, rather than the lot next door, which led to a misunderstanding about the ownership of the property.
“We gave her valid information for the question that was presented to us,” he said. “But it is a city property on a commercial corridor.”
Atchinson recently offered to purchase the property from the city and submitted a bid of $500. The City Council discussed the potential sale in executive session during a committee meeting Monday evening, but did not approve the sale.
“The council did not accept the $500 offer,” said David Fronk, director of operations for the city.
Fronk said the city is instead looking at combining 820 State St. with neighboring 822 State St. — which is also vacant — and getting more money.
“We were looking at that option before the offer came up,” Fronk said of Atchinson’s bid. “The combined lots would be at least $41,700. But the council wants to continue working with her.”
According to county property records, 822 State St. is assessed at $29,668.
In the meantime, the city’s Law Department is negotiating a lease with Atchinson for Quest to continue using the property. Falotico said Quest holds an insurance policy and the city was named on the policy last week.
But Atchinson said she does not want to enter into an agreement that limits Quest’s use of the site. She said the city offered for Quest to use the property for six months, and she counter-offered with seven years.
“They chose not to sell us the lot,” she said. “We’re still using the lot, and we hold the insurance policy. The initial proposed agreement did not have an end date. We do not want to be kicked out at any time if and when a buyer comes along.”
Falotico could not provide a timeframe that might be established in the agreement for Quest to use the property, citing ongoing negotiations.
“We spent a long time with her discussing Quest’s continued use of the lot and provided her with a draft agreement to sign,” he said. “We told her we’re open to something that would give a set amount of time so the city couldn’t just sell it next week. That timeframe would depend on what is in the agreement.”
Atchinson said after cleaning the site, children and volunteers started planting in the community garden last month and also placed stones around the garden and installed a sprinkler system.
“The children started growing seeds on the third floor of Quest,” she said. “Everyone has a seed they scattered and started growing their own plants. Everyone dug dirt together — kids, grown-ups, passersby.”
Atchinson slammed the city for the miscommunication and handling of the property.
“The city knows they are at fault, but they banded together to protect themselves,” she said. “We did all the work and made it shovel-ready. They will wind up with a beautiful space, I would pay for the insurance and it would be at no cost to the city. But they figure they can get a lot of money and are looking for development on State Street. They really don’t care about the people and the kids.”
City Councilman Vince Riggi said he believes there should not be a price tag on something that’s for the good of the community.
“Everything seems to be for development and not what’s good for the area,” he said. “Right now, how do you put a price tag on what Quest is doing? The lot is worth much more, but it was garbage before and Quest had to deal with it. This is for the community.”