City Council

OFFICE OF THE CITY CLERK SCHENECTADU, NEW UORM AGENDA FOR THE COL'NCIL CAUCUS AWD THE CITY GOGIVGIL MEETING July 14,2014 Room 209 7:OO P.M. PUBLIC NEARING Regarding Changes to Chapter 186 of the Administrative Code Regarding Fees for Sewices at City Parks. A RESOLUTION Confirming Appointment of Members to the Affirmative Action A d v i s o ~Board. 4 Votes 2. By Councilmember A RESOLUTION Authorizing the sale of 946 through 954 State Street. 4 Votes A RESOLUTION Authorizing the Settlement of a Tax cedi or^ Brought by 1707 State Sheet, LLC, 4 Votes  A RESOLUTION Authorizing the Settlement of a Tax Cerliorari Brou&t by Excelsior Development Partners, LLC involving 103 Kings Road. 4 Votes 5. By Councilmember A RESOLUTION Authorizing the Settlement of a Tax Certiorari Brou@t by Joseph Subrada involving property located at 2565 ALbany Street. 4 Votes A RESOLUTION Authorizing the Settlement of a Tax Certiorari Brou&t by Draper Development, LLC involving property located at 438 State Street. 4 Votes A RESOLUTION Authorizing the Settlement. of a Claim brougbt by Beverly Barnett. 4 Voles A RESQLUTZOIV Authcr~zingthe City of Scheneetady to Settle a Claim by G a ~ e a n n eMilham.  A RESOLUTION Authorizing the Settlement of a Tax Gertiore Brought by Cohn Family Investment Partners, LP involving property located at 426 Franklin Street. 4 Votes A RESOLUTION Authorizing the City of Scheneetady to Settle a Claim by Brenda Long, A RESOLUTION Authorizing the City of Schenectady to Settle a Claim by David and Paula Gmn. 4 Votes 12. By Councilmember A RESOLUTION Recognizing the 25th Anniversary of the Music Haven World Class Concert Series. 4 Votes  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. COUNClLMEMBER ,OFFERED THE FOLLOWING: RESOLVED, that the City Council will conduct a Public Hearing in relation to: A Resolution Calling for a Public Hearing Regarding Changes to Chapter 186 of the Administrative Code Regarding Fees for Services at City Parks. Said Public Hearing shall be held on Monday, July 14, 2014, at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hail 105 lay Street Schenectady. New York. RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: NOTICE OF PUBLIC HEARING Revisions to Chapter 186 of the Code of the City of Schenectady Regarding Fees for Services at City Parks. On Monday, July 14, 201 4 at 7:00 p.m. the Schenectady City Council shall conduct a Public Hearing in relation to the above-referenced matter. Said Public Hearing shall be held in Room 209, Council Chambers, City Hall, 105 Jay Street Schenectady, New York. All interested parties may be heard and complete copies of said proposed legislation shall be made available at the City Clerk's office for public inspection beginning July 2,2014. Ap roved as to form thls J 23 Day of June, 2014. JOHN R. POLSTER CORPORATION COUNSEL 5 186-21. Watercraft. A. No person except t h e Superintendent of Parks and Recreation and those in his employ shalt, without t h e permission of t h e Superintendent, pface upon t h e lake or any waters of the park any float, boat or any other ~vatercraflnor shall land o r go upon t h e island of t h e iake o r shall touch it with a boat or land upon any place of the shores of t h e lake not designated a s a landing piace. B. Fees for the iise of pedal boars shall be set from time to t m e by resotiir!on P O 186-30. inlaste disposal. A -- All ashes, garbage o r refuse matter of any kind shall be put into suitable boxes or barrels and shail h e daily removed from t h e park by t h e lessee, -- B Fee s For t hP g s ~ ~ ~ ~ ~ ~ se i ~ rrn5>~d b y@p &&g c x~ & t&[I~tS ~s i-ia ii~be ~ mJ ~ ~ ~ ~  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution confirming Appointment of Members to the Affirmative Action Advisory Board WHEREAS, the Affirmative Action Board of the City of Schenectady currently has vacancies; and WHEREAS, the Mayor has nominated Portia Alston, Teneka E. Frost-Arnusa, Adriel Linyear, Randolph McGough, Kanema Haynes, Eleanor Pepper, and Jennifer Eaddy-Garvin for membership on the Board: NOW, THEREFORE BE IT, RESOLVED that the City Council hereby confirms of the appointment of Portia Alston, Teneka E. Frost-Arnusa, Adriel Linyear, Randolph McGough, Kanema Haynes, Eleanor Pepper, and Jennifer Eaddy-Garvin as members of the Affirmative Action Advisory Board. Ap roved as to form this 14Xday of July, 2014. John R. Polster Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO.: 2014- Councilmember offered the following: A Resolution Authorizing the sale of 946 through 954 State Street. WHEREAS, the City of Schenectady is currently either the owner of, in the chain of title of, is acquiring title of, or has an interest in properties commonly known as 954 State Street (SLB: 49.42-2- 12.2), 948 State Street (SBL: 49.42-2- 12.1), and 946 State Street (SBL: 49.42-2- 11); and WHEREAS, an offer to purchase said property has been received: NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the transfer of whatever title or interest the City may have in 954 State Street (SLB: 49.42-2-12.2), 948 State Street (SBL: 49.42-2-12.1), and 946 State Street (SBL: 49.42-2-11) to Schenectady County, for the sum of $120,000.00; and be it further RESOLVED, that the transfer of ownership of said properties shall be pursuant to such further and/or additional terms and conditions as in the opinion of the Corporation Counsel are necessary and/or required by law and/or in the best interest of the City; and be it W h e r RESOLVED, that the Mayor is authorized to execute any and all documents necessary to effectuate this resolution. Approved as to form this 14th day of July, 2014. John R. Polster, Esq., Corporation Counsel  CITY COUNCIL SCHENECTADY,NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Tax Certiorari Brought by 1707 State Street, LLC WHEREAS, 1707 State Street, LLC, is the owner of property located at 1707 State Street (S.B.L.: 60.30-1- 1) in the City of Schenectady; and WHEREAS, said owner filed a petition pursuant to the Real Property Tax Law in State Supreme Court seeking a reduction in the appraised value for this property; and WHEREAS, Office of Corporation Counsel and the City Assessor have recommended that it would be in the best interest of the City to settle this matter; and WHEREAS, the settlement was approved by the City Claims committee on July 7,2014: NOW, THEREFORE, BE IT RESOLVED that the office of Corporation Counsel is authorized to enter into a Stipulation Agreement with 1707 State Street, LLC, reducing the assessed value of said property in accordance with the proposed stipulation of settlement attached hereto. Ap roved as to form this B 1 4 ~day ofJuly, 2014. JOHN R. POLSTER, ESQ. CORPORATION COUNSEL STATE OF NEW UORK SUPREME COURT SCHENECTADU COmTU 1707 STATE STREET, LLC, STIPULATION & O W E R OF Petitioner, SETTLEhSENT -against- Index Nos.: 139312009, BOARD OF ASSESSMENT REVIEW AND ASSESSOR 1509/2010, 1495!20 t I , OF THE CITY OF SCHENECTADY AND THE CITY OF 130712012 & 1445'201 3 SCHENECTADU, RJI NOS.: 46- 1-2009-0698, Respondents. 46- 1-2010-1509,46- 1-2011- 0913.46-1-2012-0831 & For the review of the assessment for the years 2009, 2010, 46-1 -20 13-0991 20 1 1,2012 and 2013 of certain real propedy in the said CITY Assiped Judge: OF SCHENEGTADY, Hon. Vincent J. Reilly, Jr., J.S.C. The above named petitioner having duly brought these proceedings to review the tax assessments made against premises of the petitioner known as 1707 State Street (SBL No.: 60.30-1- I ) in the City of Schenectady, County of Schenectady, State of New York, for the yeas 2009,2010, 201 1,2012 and 2013 and being the real property mentioned and more fully described in the petition made and filed herein, and issue having been duly joined herein, and the Petitioner having appeared by Cofdman Attorneys PLLC, Paul 3,Gotdman, Esq, of counsel, the Respondents having appeared by City of Scheneetady Corporation Counsel- John Polster, Esq., of counsel, and the padies having entered into and consent to this StlpuIati011; KebiV, on motion crf Goidman Attorneys PLLC attorneys for Peftioner, it i s hereby, ORDERED, ADJUDGED and DECREED, that the 3009 assessments of the real property known as 1707 State Street (SBL No,:60-30-1-1) in the City o f Schenectady, County o f Sehenectady. State of New York on the assessment 1-011 o f the City o f Scheneckdy for the year 2009 be reduced as follows:  OPiainal Corrected Reduction in Assessed Value Assessed Value Assessed Value 170'7 State Street (SBL No.: 60.30-1-1) , and ORDERED, ADJUDGED and DECREED, that the 2010 assessments of the real property known as 1707 State Street (SBL No.: 60.30-2-1) in the City of Schenectady, County of Schenectady, State of New Uork on the assessment roll of the City of Schenectady for the year 2010 be reduced as follows: Corrected Reduction in Assessed Value Assessed Value Assessed Value 1707 State Street (SBL NO.: 60.30-1-1) , and ORDERED, ADJUDGED and DECREED, that the 201 1 assessments of the real property known as 1707 State Street (SBL No.: 60.30-1-1) it1 the City of Schenectady, County of Schenectady, State of New Uork on the assessmmt roll of the City of Schenectady for the year 201 1 be reduced as follows: Corrected Reduction in Assessed Value Assessed Value Assessed Value 1707 State Street (SBL NO,: 60.30-1-1) , and ORDERED, ADJUDGED and DECREED, that the 2012 assessments of the real property known as 6707 State Street (SBL No.:60.30-1-1) in the City o f Seheneetady, County of Sehenectady, State of New Vork on the assessment roll ofthe City of Sehenectady for the year 2012 be reduced as fo'oIlows:  Original Corrected Reduction in Assessed Value Assessed Value Assessed Value 1707 State Street (SBL NO.: 60.30-1-1) and ORDERED, ADJUDGED and DECREED, that the 201 3 assessments of the real propePty known as 1707 State Street (SBL No.: 60.30-1-1) in the City of Schenectady, County of Schenectady, State of New Uork on the assessment roll of the City of Schenectady for the year 201 3 be reduced as follows: Conected Reduction in Assessed Value Assessed Value Assessed 1L%lue 1707 State Street (SBL No.: 60-30-1-1) , and ORDERED, ADJUDGED and DECREED, that the City of Schenectady shall refund any excess City taxes paid on account of the reductions to the 2009, 2010, 201 1, 2012 and 2013 assessments of the Parcel for the 2009,2010,201 1,2012 and 201 3 assessrnent rolls used to generate the 2010,201 1,2012,2013 and 2014 City taxes on the parcels, and ORDERED ADJUDGED a d DECREED, that the County of Schenectady shall rehnd slny excess taxes County, water, setver and all special district taxes paid oil accoul~tofthe reductions to the assessment o f the Parcel OM account of the 2009,201 0,201 l ,2022 and 2013 assessment rolls used to generate the 40 LO,201 1,2012,2013 and 2014 County, water, sewer md all special district taxes OM the parcels, and ORDERED ADJUDGED and DECREED, that the City o f Scheneetady School D i s ~ c t shall refund any excess School District taxes paid on account o f the reductions to the assessment of the Parcel on account of the X65J9, 2010,201 1. 281% and 201 3 assessment rolls used to generate the 2009-2010,201 0-201 1,2011-2012,2012-2013 and 201 3-201 4 School District taxes on the parcels and shall issue a corrected School District tax bill for 2014-201 5. and ORDERED ADJUDGED and DECREED, that the refinds, set forth above, shall be paid to Coldman Attorneys PLLC, attorneys for the Petitioner, 2 10 Washington Avenue Extension, Albany, New Uork 12203, with statutory interest. ORDERED, ADJUDGED and DECREED that the provisions of Real Property Tax Law $727 shall be applicable to the 2013 assessment set forth above for the 2014, 2015 and 2016 assessment rolls, Dated: July -, 20 14 Seheneetady, New Uork Hon. Vincent J. Reilly, Jr. Justice, Supreme Court  STIPULATION The AMorneys for the respective Parties do hereby consent to this Stipulation & Order. Dated: f uly -, 20 t 4 CITY OF SGHENECTADU CORPOMTION COUNSEL John Polster, Esq., of counsel Attomeys for Respondents Dated: July -, 2014 GOLDMAN ATTORNEYS PLLC Paul J. Goldman, Esq., of counsel Attorneys for Petitioner  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Council~nember offered the following: A Resolution Authorizing the Settlement of a Tax Certiorari Brought by Excelsior Development Partners, LLC involving 103 Kings Road WHEREAS, Excelsior Development Partners, LLC, is the owner of property located at 103 Kings Road, (S.B.L.: 60.38-2-1.21) in the City of Schenectady; and WHEREAS, said owner filed a petition pursuant to the Real Property Tax Law in State Supreme Court seeking a reduction in the appraised value for this property; and WHEREAS, Office of Corporation Counsel and the City Assessor have recommended that it would be in the best interest of the City to settle this matter; and WHEREAS, the settlement was approved by the City Claims committee on July 7,2014: NOW, THEREFORE, BE IT RESOLVED that the office of Corporation Counsel is authorized to enter into a Stipulation Agreement with Excelsior Development Partners, LLC, reducing the assessed value of said property in accordance with the proposed stipulation of settlement attached hereto. a Ap roved as to form this 14t day of July, 20 14. JOHN R. POLSTER, ESQ. CORPORATION COUNSEL STATE OF NE\V UORK SUPREME COURT COUNTY OF SCHEWEGTADU IN THE MATTER OF THE APPLICATION OF EXCELSIOR DEVELOPMENT PARTNERS, LLC, PETITIONER, STIPULATION OF SETTLEBlENT THE CITY OF SCHENECTADU ASSESSOR AND THE CITY OF SCHEKECTADU BOARD OF INDEX NO.: ASSESSMENT REVIEW, TO REVIEW 2010-1809 ASSESSMENTS MADE AGAbTST 201 1-1594 REAL PROPERTY TN THE CITY 2012-1655 OF SCHENECTABY, 2013-1675 RESPONDENTS. (Parcel ID# 60.38-2-1.21) WHEREAS, pursuant to Real Property Tax Law, Article 7, Petitioner duly and timely commenced the above-captioned real property tax assessment review proceedings for the years in issue; and, WHEREAS, svith respect to these proceedings copies of the Notice of Petitions and Petitions were duly and timely served on the Schenectady County Commissioner of Finance and the Superrntendent of the Seheneetady School Distfict: and, \\'HEREAS, these proceedings relate to petitioner"^ properby in the City of Scheneetady, Scheneeiady County, idmtified and known as 103 Kings Rb,, tax map 1.23 ; and, nurnber60-38-3- WHEREAS, the parties are desirous of settling and discontinuing this proceeding: The parties of the above-captioned proceedings agree as foIlows: 1. Settlement Assessment. The property that is the subject of this proceeding haspreviously been @anted a Historic Rehabilitation Property Tax Exemption pursuant to NUS Real Property Tax Law Section 444-a. Pursuant to this Settlement Agreement, the base (pre-rehabilitation) taxable assessed value of the subject propedy (previously detemined by the City pursuant NUS Real Property Tax Law 444-a) shall be lowered h r n the amount that appeared on the 2010,201 1,2012,2013, and 2014 Assessment Rolls to the amount of $300,000 (the ""Sglemetll Taxable Assessed Value"). Each Assessment Roll that is the subject of these proceedings as well as the current Assessment Roll shall be corrected to show a taxable assessed value for this property of $300,000 dollars. The officer or officers having custody of said Assessment Rolls and of any tax roll upon which the above mentioned assessments and any taxes levied or to be levied thereon have been entered, shall forthwith correct such Assessment Rolls to reflect this Settlement as set forth above for the relevant years.Pursuant to this Settlement, refunds will be paid to the Petitioner for overpayment of taxes equal to the amount of taxes paid upon the difference between the taxable base assessed value appearing on the 2010-2014 Assessmen_l Rolls and the agreed to $300,000 Settlement Taxable Assessed Value, All other aspects of the 444-a Historic Rehabilitation Tax Exemption apphred to this properly shall remain in h11 force and effect, 2, Rehnds, Petitioner is entitled to hate and shall recor er, without interest, the rehnds and p a p e n t s of the Town, County, School and applicable special dist~c"ctaxesbased upon the Settlement Taxable Assessed Values as set forth to the extent of the amounts paid in excess ofthe amounts which would have been paid had the taxable assessments been made as set forth abot e upon the property. The appropriate fiscal officers of the City o f f chenectady, County of Schenectady and Schenectady School District, as may be required, are directed to make and pay the refunds directed aforesaid within thirty (30) days from the date of receipt by the City, County or School District, as the case may be, of Notice of Entry of the final Order herein and demand for refund; said notice and demand to be served by Petitioner on the GityAssessor and counsel for the Town, County and School District. In the event the Petitioner is in arrears for any year affected by the settlement herein, Petitioner shalt pay all interest and penalties otving on any such outstanding amount, adjusted to reflect the Settlement Values set forth above. If rehnd paments are not made to Petitioner within 30 days of the senice of a rehnd demand pursual;lt to Real Property Tax Law $726, stahrtory interest shall be included with said rehnd. Said rehnds shall be made in the form of cheeks or draits payable to "Donald Zee, P.C." as sole payee, and said refunds shall be tendered to counsel for the Petitioner at his office set forth at the foot of this agreement. Dated: John Polster, Esq. City Attomey City of Schenectady 105 N. Jay Street Schenectady, NU 12305 (5 18) 382-5073 Dated: Andrerv Brick, Esq, Donald Zee, P.C. Attorneys for Petitioner I Winners Circle. Suite 140 Albany, Kew %fork12205 (53 81489-9423  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmernber offered the following: A Resolution Authorizing the Settlement of a Tax Certiorari Brought by Joseph Suhrada involving property located at 2565 Albany Street WHEREAS, Joseph Suhrada, is the owner of property located at 2565 Albany Street, (S.B.L.: 60.30-3-17.1) in the City of Schenectady; and WHEREAS, said owner filed a petition pursuant to the Real Property Tax Law in State Supreme Court seeking a reduction in the appraised value for this property; and WHEREAS, Office of Corporation Counsel and the City Assessor have recommended that it would be in the best interest of the City to settle this matter; and WHEREAS, the settlement was approved by the City Claims committee on July 7,2014: NOW, THEREFORE, BE IT RESOLVED that the office of Corporation Counsel is authorized to enter into a Stipulation Agreement with Joseph Suhrada, reducing the assessed value of said property in accordance with the proposed stipulation of settlement attached hereto. Ap roved as to form this 2 14 day of July, 2014. JOHN R. POLSTER, ESQ. CORPORATION COUNSEL STATE OF NEW YORK SUPREh4E COURT COLNTU OF SGHENEGTADV IN THE MATTER OF THE APPLICATION OF JOSEPH SUI-IRADA PETITIONER. THE CITU OF SCHENECTADU ASSESSOR AND THE CITY OF SCHENECTADU BOARD OF mDEX NO.: 2012-1657 ASSESSMENT REVIEW, TO REVIEW 2023-1481. ASSESSMENT MADE FOR THE YEARS 2012 AND 2013 AGAWST REAL PROPERTY IN THE CITU OF SCHENECTADU, RESPONDENTS. (Parcel ID# 60.30-3-17.1) WHEREAS, pursuant to Real Property Tax Law, Article 7, Petitioner duly and timely commenced the above-captioned real property tax assessment review proceedings for the year in issue; and, WHEREAS, with respect to this proceeding copies of the Notice of Petition and Petition were duly and timely semed on the Seheneetady County Commissioner of Finance and the Supe~ntendsnto f the Sckenectdzdy School Distich, and the School Bistrtct, and, IYHEREAS, these proceedings relate to Petitioner's property in the City o f Schenectady, Scheneetady County, idendl'red and known as tax map number 60-30-3-1"i?: and, WHEREAS, the parties are desirous of settling and discontinuing this proceeding: The padies of the above-captioned proceedings agree as follows: 1. Settlement Assessment, The 2012and 201 3 assessments on the property made by the Assessor of the City of Schenectady for the Assessment Roll(s) and fixed on the completed Assessment Roll(s) of the City of Schenectady shall be settled as follows: Assessed Value 1 Settlement Assessed i Reduetion The officer or officers having custody of said Assessment Rolls and of m y tax roll upon which the above mentioned assessments and any taxes levied or to be levied thereon have been entered, shall forthwith correct such Assessment Rolls to reflect the ""Sttlement Assessed Values" set forth above for the relevant years. 2. Refunds. Petitioner is entitled to have and shall recover, without interest, the retirnds and paynnents of the City, County, School and applicable special district taxes based upon the Settlement Assessed Values as set forth to the extent of the amounts paid in excess of the amounts which would have been paid had the assessments been made as set forth above upon the property, The approprrate fiscal officers of the City of Sclzenectady, County of Seheneetady and Sishenectady f chool District, as may be required. are directed to make and pay the refunds directed aforesa~dwithin thirty (30) days fmm the date o f receipt by the City, County or School District, as the case may be, sfNorlee of Entry of the final Order herein and demand for refund: said notice and demand to be sened by Petitioner on the Cityd4sssssorand counsel forthe City, County and Sch001 District, In the event the Petitioner is in arrears for any year affected by the settlement herein, Petitioner shall pay all interest and penalties owing on any such outstanding amount, adjusted lo reRect the Settlement Values set forth above. If refund payments are not made to Petitioner within 30 days of the service of a refLInd demand pursuant to Real Property Tax Law $726, statutory interest shall be included with said refund. Said rehnds shall be made in the form of cheeks or drafts payable to "Donald Zee, P.C." as sole payee. and said refunds shall be tendered to counsel for the Petitioner at his office set forth at the foot of this ageement. 3. Ownership of Propere, Petitioner represents and warrants to Respondents that it was the owner of the property at the time any payments subject to r e h d were made. 4. RPTL 9 727, The parties acknowledge that RPTL 5 727 shall apply to this settlement. Dated: Jshr? Polster, Esq. City Attorney City of Schenectady 105 N. Jay Street Schenectady, NU 12305 (5 18) 382-5073 Dated: Andrew Brick, Esq. Donald Zee, P,C. Attorneys for Pe"rrtioner I Wimers Circle, Suite 140 Albany, New Usrk 12205 (518)489-9423  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmernber offered the following: A Resolution Authorizing the Settlement of a Tax Certiorari Brought by Draper Development, LLC involving property located at 438 State Street WHEREAS, Draper Development LLC, is the owner of property located at 438 State St., (S.B.L. 39.80-2-10) in the City of Schenectady; and WHEREAS, that property was assessed at $592,600 in 2009,2010,201 1,2012, and 2013; and WHEREAS, the petitioner filed a petition pursuant to the Real Property Tax Law in State Supreme Court seeking a reduction in the appraised value for these properties; and WHEREAS, Office of Corporation Counsel and the City Assessor have recommended that it would be in the best interest of the City to settle this matter; and WHEREAS, the settlement was approved by the City Claims Committee: NOW, THEREFORE BE IT RESOLVED that the Office of Corporation Counsel is authorized to enter into a Stipulation Agreement with Draper Development LLC, reducing the assessed value for the 1326 State St. property to $325,000 for 2009,2010,201 1,2012, and 2013. Ap roved as to form this 2 14 day of July, 20 14. John Polster, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim brought by Beverly Barnett WHEREAS, Beverly Burnett filed a Notice of Claim with the Office of Corporation Counsel, alleging that the City of Schenectady was responsible costs she incurred due to a water main leak; and WHEREAS, at a meeting of the City Council Claims Committee it was determined that it is in the best interest of the City of Schenectadyto resolve this matter: NOW THEREFORE BE IT RESOLVED, that the Commissioner of Finance is hereby authorized to pay up to the amount of $700.00 in full and final settlement of the claim, and in accordance with terms established by the Office of Corporation Counsel. Ap roved as to form this P 14 day of July, 2014. John R. Polster, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the City of Schenectady to Settle a Claim by Carrieanne Milham WHEREAS, Carrieanne Milharn filed a Notice of Claim with the Office of Corporation Counsel on March 17,2014 alleging her car had been struck by a City vehicle; and WHEREAS, at a meeting of the City Council Claims Committee held on July 7,2014 it was determined that it is in the best interest of the City of Schenectady to resolve this matter; NOW, THEREFORE BE IT, RESOLVED, that the Commissioner of Finance is hereby authorized to pay up to the amount of $1,750.00 in full and final settlement of the claim, payment to be made in one lump sum, and in accordance with terms established by the Office of Corporation Counsel. Ap roved as to form this £' 14' day of July, 20 14. JOHN R. POLSTER, ESQ. CORPORATION COUNSEL  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Tax Certiorari Brought by Cohn Family Investment Partners, LP involving property located at 426 FrankIin Street WHEREAS, Cohn Family Investment Partners, LP, is the owner of property located at 426 Franklin Street, (S.B.L.: 39.72-4-45) in the City of Schenectady; and WHEREAS, said owner filed a petition pursuant to the Real Property Tax Law in State Supreme Court seeking a reduction in the appraised value for this property; and WHEREAS, Office of Corporation Counsel and the City Assessor have recommended that it would be in the best interest of the City to settle this matter; and WHEREAS, the settlement was approved by the City Claims committee on July 7,2014: NOW, THEREFORE, BE IT RESOLVED that the office of Corporation Counsel is authorized to enter into a Stipulation Agreement with Cohn Family Investment Partners, LP, reducing the assessed value of said property in accordance with the proposed stipulation of settlement attached hereto. Ap roved as to form t h s R 1 4 ~day of July, 2014. JOHN R. POLSTER, ESQ. CORPORATION COUNSEL I i 1j i ii i i 1I STATE OF NEW VORK # n1 f UPREME COURT COUNTY OF SCNENECTAISY --- - I :z 1 ;I STIPULATION TO !iI 1, in the \latter ofthe .\pplicatioi~o f 1 ORDER ON CONSENT I 43C)MX FA3lfL't' ISVESThlENT PARTNERS, LP, PEib'DXib'C PROCEEDINGS Petitioner -against- - 2008 index t; 2009- 1 69 I ASSESSOR OF THE CITY OF SCHEXECTADY. THE BOARJ) OF ASSESSIWEIVT mVIEtI, and the CITY OF SCIHENECIT-my, - 2010 Respondents Index k 2010-1874 To re.i4eu a cedain real pmper"iy ~ssessment(2U0Q- 2313) under .il,riielc 7 of the Real Prope&>lTali 1 3 % ~ . Indcx 301 1-1580 RJI 46-1-20 I 1-0964 Assigned Judge: Hon. Barry D. Kramer 1" i j WHEREAS, the petitiorter by its counsel, Frederick liV. Killeen, Esq,, of Killeen & . : Bradt, LLC, is desirous of entering into a stipulation of settlemer~tand consent to an ! 8 :I 8 i 'I 8 order constituting an agreenlent of settlement with respect to the allegations and causes , 8 , ofdctlon rn the above entltled action, and \,%'HEREAS, :he respoaidents, by thew cclrnns~i,john R Polsrer, Esq, Corporatlo:~ Cntir-isei for the City of Sehenectady, arc dcsbrous of entering ~ntothe same srlpuiatlon of sctttiernelk and Lonsei-t-c:to an order ennststutrng and ar, agreement c;f scttlcment k r i t i ? respect to the allegatlcns and causes of act:cri In the above entrrled pracnedrngs MOW and TFliEREFORE, upon :he exclrai~geof the rnctual promises anix other 0 a:~dvalttabie ciinsider;atii~nexchangzd between rhe parties, it is agreecl as folioivs. 1.. The petiticzners"eai property prensises assessed in the City of Schenectady as Tax Map Parcel 39 72-4-35. in the amount of S923,601),00 upon the assessment role of said city for the tax years 200% 2010, 2021, 2012 and 2013, shall he reduced in the overall assessment to a revised totai assessed value of: 2009-$575,000.00, 2020- and 2013 - $4'75,000.00 $550,000.00, 2011-$525,500.00, 2012-$500,800.50, 2. That by reason of the stipulated reduction of the overall assessment providing for a revrsed total assessed value of: 2009-$575,000.00, 2010-$550,000.00, 2012- 2012-$500,006,00, and 2013 - $475,000.00 for the tax assessment years $525,080,00, 2009, 2020,2011, 2022 and 2013, there shall be an adjustment in the balance of taxes due, and refunds will be due and owing to the Petitrorler for taxes over paid for the tax assessment years 280% ,201, 2811, 2822, and 2013 as reflecred on the 2010, 2011, 2012, 2013 and 2034 Consolidated C i t y and Counly tax bills [includiltg all taxing - dhtricts specified therein); a ~ r d"iie 200%-li3, 2ii10-11, 2611-2022,L U L L - I J aria L u r f - ='.n4 3 - - a - 14 Schenectady C i t y School District tax bills, calculated to reflect the reduction in the total assessment from $923,600.00 to: 2004-$575,000.00, 2010-$550,800.00, 2011- $525,000.00, 2012-$500,000.00, and 2013 - $475,300.00, as fotlomis: See Schedule ""A" annexed hereto and made a part of this Stipulation. 3. That by reason of the reduction of the overall assessment to a revised total assessed value of 2009-$5"i5,000,00, 2010-$550,000 00, 21311-$525,000.00,2012- and 2013 - $475,080.00, $500,0130.00, for the tax assessment years, 2089, 2010,2011, 2012 and 2013,spec~fiedlaa the pekitrons, and wrrh respect to any taxes due on the petrtsoners>rooerty Tax Map P a r d 39 73-4-4.5for %hetax assessment years 2009, 1810,2011,2012 and 21113,as spcc~fiedan the respeccite petr&loi?s,the erax ref;ardb: due from the C~tyof Schenecrady, Scher~eceadyCounty and the Sekenectady Caty School Drstrict to the petrtmner, wirhout Interest, are to be reft~r?dcd~ i iriccordance wrtk the requrrernents of statute, rule and rcgulatmn to be paid by the City of fchenectadp, Schenectady County- Treasurer andlor the Schenectady Crty School Distrrcr: respect:veigr to the petltloner upon receipt o f a t r u e copy of the order executed tlpari t%ucstipuia"ilora a d consent, arid dcllrrer io khc petii-io~~er'i 2"torii~k  Frederick W, fiilleen, Esq. The Killeen Building 179 M jay Street Schenectaby, NV 12305 4. That the reduction agreed upon in this sttpulation and prirstrant to the order provided for by this stipulation providing for an assessment For Tax Map Parcel 39.72-4- 35, shall constiture a determination on the merits* 5. That che reduction agreed upon in this stipulation and pursuant to the order provided for by this stipulation shalf constitute a ""range in assessment following litigat-iun'bas defined In New Vork State Real Properv Tax Law $727 and in any subsequei~taw year, "re assessnrent of the petttioners"rernises shall not be amended, changed or revalued, unless pursuant to the terms or provisiorzs o f said statute, The foregoing constitutes an AGREEMENT and STIPULATION by and bemeen the parties and each sf the parties through their counsel have accepted the terms and provisions hereof as constituting a full settlement o f all aliegations and causes of action in the proceedings. Either partry may tvithout fust't~ernotice provide a fcrlly executed copy of this agreement to the court of record in furtherance of securing an Order on Consent executed pursuant to the terms herein and upon entry, a true copy of the executed Order of Consent wit11 Notice o f Errtry ehereon shall be provided. Dated: ,2024 4 Freberi *'iV K:f!een, Esq. KILL&, & B M 3 T , LLC ~ t i o r n a / vfor Petitloner john R Po!s%er,Esq, CORPORATION COUNSEL - f lTY OF SGHENECTADY Attorney for R~spvndslnts 3 l a ~ i MEng~neerrng,PC Room 2131 Ciry HaBFali l"i 9 2 jay Street 105 jay Strcct Schenectady, YY 12305 Sckenectady, it:Y  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the City of Schenectady to Settle a Claim by Brenda Long WHEREAS, Brenda Long filed a Notice of Claim with the Office of Corporation Counsel on August 24,2010 alleging she had been injured at a playground owned and maintained by the City; and WHEREAS, at a meeting of the City Council Claims Committee held on July 7,2014 it was determined that it is in the best interest of the City of Schenectady to resolve this matter; NOW, THEREFORE BE IT, RESOLVED, that the Commissioner of Finance is hereby authorized to pay up to the amount of $20,000.00 in full and final settlement of the claim, payment to be made in one lump sum, and in accordance with terms established by the Office of Corporation Counsel. Ap roved as to form this R 14' day of July, 2014. JOHN R. POLSTER, ESQ. CORPORATION COUNSEL  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the City of Schenectady to Settle a Claim by David and Paula Gunn WHEREAS, David and Paula Gunn filed a Notice of Claim with the Office of Corporation Counsel on May 20,201 1, alleging David had been injured on a sidewalk owned and maintained by the City; and WHEREAS, at a meeting of the City Council Claims Committee held on July 7,2014 it was determined that it is in the best interest of the City of Schenectady to resolve this matter; NOW, THEREFORE BE IT, RESOLVED, that the Commissioner of Finance is hereby authorized to pay up to the amount of $7,500.00 in full and final settlement of the claim, payment to be made in one lump sum, and in accordance with terms established by the Office of Corporation Counsel. a Ap roved as to form this 14' day ofJuly, 2014. JOHN R. POLSTER, ESQ. CORPORATION COUNSEL  CITY COUNCIL SCHENECTADY,NEW YORK RESOLUTION NO. Councilmember offered the following: A Ceremonial Resolution Recognizing the 25'" Anniversary of the Music Haven World Class Concert Series WHEREAS, free music has been a long cherished tradition in Schenectady's Central Park; and WHEREAS, The Music Haven Concert series, now celebrating 25 years of presenting world class concerts in Central Park, has continued that legacy which traces almost a century of music in the Park; and WHEREAS, a 1919 annual report by the Schenectady Bureau of Parks noted park improvements that included one bandstand believed to be the origin of Music Haven, and in 1950, a 26-foot wide and 20-foot deep stage replaced the bandstand and continued to offer free musical performances; and WHEREAS, in 1989 Mona Golub approached then Mayor Karen B. Johnson regarding presenting concerts at Music Haven; and WHEREAS, in 1990 Mona Golub presented a five concert series on the Music Haven Stage; and WHEREAS, since 1990 concerts at Music Haven have welcomed the people of Schenectady and the greater Capital Region to travel the world, one concert at a time, with artists from various backgrounds performing at the Park's venue; and WHEREAS, eventually the elements began to take their toll and the active but aging stage was in need of replacement; and WHEREAS, fund raising to build a new stage was initiated with a $210,000 grant from the NYS Department of Parks, Recreation and Historic Preservation, a $150,000 grant from the Schenectady Foundation in the name of Agnes S. Macdonald, and a $150,000 gift from the WilIim and Estelle Golub Foundation, all combined with generous contributions from the Wri&t Family Foundation and Schenectady County Legislature, among numerous other organizations and indivicluals; and WHEREAS, on January 20, f 999 the old stage was demolished, and on February 18, 1998 a gound breaking ceremony was held with work continuing on the new stage throu& the winter; and WHEREAS, on July 7 , 1999 the inaugural concert of the Agnes Macdonald izilusie Maven stage was held featuring the Schenectady Symphony Orchestra, seven year old operatic soloist Louis Lohraseb. and a select choir from it'iska4lma High School; and WHEREAS, for the past 24 summers Music Haven has established itself as Schenectady's premier outdoor perfoming arts center. bringing world-class international and regiond talent to Schenectady under the leadership of volunteer Producing Adistic Director Mona C o l d ; and WHEREAS, 2014 marks the 25'" mikerrsary of the &es Macdonald Music Haven Goncex? Series bringng the joy of music to a most gratehl public: NOW, THEREFORE BE IT RESOLVED, that we call on all citizens "r ~ o i nthe City Council and Mayor in recopizing the ~ 5 ~ ' " Anniversary of the Music Haven world class concert series. a Ap roved as to forrri this 1 4 ~day of July, 2014.