City Council

Teleconference Broadcasted Live on: Spectrum Channel 1303; Verizon FiOS Channel 38; YouTube.com/openstagemedia OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Webex Link: https://schenectadyny.webex.com/schenectadyny/onstage/g.php?MTID=e80f9457a45750e69b4f69e2faa90662d Webex Meeting Phone #: 1-415-655-0001; Meeting #: 185 145 5444 ; Meeting Password: CityCouncil Monday, May 10, 2021 5:30 p.m. PUBLIC HEARING 001 Regarding Proposed 2021-2022 HUD Annual Action Plan PUBLIC HEARING 002 Regarding Amending Chapter 248 of the Administrative Code of the City of Schenectady Related to the Impoundment and Redemption of All-Terrain Vehicles ORIGINAL CONSIDERATION 01 Council Member A RESOLUTION Authorizing an Agreement with Restorative Mindset, Inc. for the Maintenance and Use of the Bellevue Baseball Field Votes Required 4 ORIGINAL CONSIDERATION 02 Council Member A RESOLUTION Authorizing the Sale of 127 Clayton Road Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLUTION Authorizing the Sale of 561 Clarendon Street Votes Required 4 Please visit our website: http://www.cityofschenectady.com/158/City-Council to add a public comment for Privilege of the Floor. Friday, May 07, 2021 Page 1 of 2  Monday, May 10, 2021 5:30 p.m. ORIGINAL CONSIDERATION 04 Council Member A RESOLUTION Authorizing the Sale of 578 Crane Street Votes Required 4 ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Authorizing the Sale of 820 Locust Avenue Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Authorizing the Sale of 926 Cleveland Avenue Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Authorizing the Sale of 959 Emmett Street Votes Required 4 ORIGINAL CONSIDERATION 08 Council Member A RESOLUTION Authorizing the Issuance of Revocable Permit No. 660 to Winsupply of Schenectady for a Sign that Will Encroach the City's Right-of-Way at 1721 State Street Votes Required 4 Public comments may also be submitted by mail to: Samanta R. Mykoo, City Clerk City Hall, 105 Jay Street, Room 107 Schenectady, New York 12305 Please visit our website: http://www.cityofschenectady.com/158/City-Council to add a public comment for Privilege of the Floor. Friday, May 07, 2021 Page 2 of 2  NOTE: Additions to the Code are italicized; deletions to the Code are struck-through. ARTICLE X Off-Road Vehicles [Added 7-28-1986 by Ord. No. 86-50] § 248-95. Purpose. The City Council hereby finds and declares that the interests of public health, safety, welfare, peace, tranquillity and convenience require the preservation, promotion and protection of the aesthetic and ecological aspects of the environs of the City of Schenectady and intends through this legislation to preserve, promote and protect the aesthetic and ecological integrity of the parks and other public lands of the City of Schenectady as hereinafter designated. § 248-96. Applicability. The provisions of this article, unless otherwise expressly indicated or subsequently amended, are intended to and shall have application to all highways and public thoroughfares within the City of Schenectady and all the public property now or hereafter owned by the City of Schenectady, including but not limited to the areas of the City of Schenectady known as: A. Central Park. B. Municipal Golf Course. C. Steinmetz Park. D. Steinmetz Memorial Park. E. Little Front Street Park. F. Rotunda Park. G. Quakenbush Park. H. Vail Park (nature trail). I. Landon Park. J. 10th and Webster Playground. K. Wallingford Park. L. Woodlawn Park. M. Amy LeMaire Woods (nature trail). N. Hillhurst Park. O. Orchard Street Park. P. Stelmack Park. Q. Jerry Burrell Park. R. Woodlawn Land Preserve. S. Certain other City properties, to be designated from time to time by the City Engineer, who shall prepare a list of the same and shall file copies thereof in the office of the Clerk of the City of Schenectady and in the New York State Office of Parks, Recreation and Historic Preservation. Any changes that may be made from time to time by the City Engineer shall also be filed in the appropriate offices. § 248-97. Definitions. A. Off-Road Vehicles shall include: 1. All-terrain vehicles (ATVs), as that term is defined in § 2281(1) of the New York State Vehicle and Traffic Law; 2. Off-highway motorcycles as that term is defined in § 125-a of the New York State Vehicle and Traffic Law; and 3. Motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily  NOTE: Additions to the Code are italicized; deletions to the Code are struck-through. on off-highway trails or for off-highway competitions and are only incidentally operated on public highways. B. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles. C. Highway shall be defined pursuant to §118 of the New York State Vehicle and Traffic Law. D. Shoulder shall be defined pursuant to §143-a of the New York State Vehicle and Traffic Law. For the purpose of this article, the terms "all-terrain vehicle (ATV)," "highway" and "shoulder" shall be defined pursuant to the Parks, Recreation and Historic Preservation Law § 26.05. § 248-98. Restrictions on operations. A. All-terrain vehicles (ATV's)Off-road vehicles shall not be driven or operated on, upon, through, over or in the parks and other public lands as specifically designated in § 248-96 unless otherwise specifically designated for such use. B. All-terrain vehicles (ATV's)Off-road vehicles shall not be driven or operated on any highway, public thoroughfare or shoulder of any highway or any public thoroughfare. § 248-99. Exceptions. This chapter shall not apply to police and emergency all-terrain vehicles (ATV's)off-road vehicles. § 248-100. Enforcement. The Chief of Police is charged with the enforcement of the provisions of this article. § 248-101. Penalties for offenses; impoundment and redemption. A. Any person or persons so usingdriving or operating an all-terrain vehicle (ATV)off-road vehicle as aforesaid shall be guilty of an offense punishable by a fine not to exceed $500 or by imprisonment not to exceed 15 days, or both. B. In addition to the penalties set forth in subsection (A) of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 248-98(A) or (B) of this chapter. Such impounded off-road vehicle shall be stored by the pertinent police department or enforcement agency pending the identification of the owner of such off-road vehicles as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding such off-road vehicle, nor the City of Schenectady, nor any agent nor employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of § 248-98 (A) or (B) of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,350. An off-road vehicle impounded under this subsection shall only released to the owner of such off-road vehicle, or to such owner’s agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney. § 248-101-a. Severability.  NOTE: Additions to the Code are italicized; deletions to the Code are struck-through. If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered. § 248-101-b. Unclaimed vehicles; public auction. A. Whenever any such off-road vehicle which has been impounded by the police department remains in the possession of the police department unclaimed by any person having the right to the possession of such vehicle for a period of sixty (60) days, such vehicle may be: (a) sold under the direction of the purchasing agent, at public auction, to the highest bidder after notice of such auction has been given for not less than one week, by one publication in the designated newspaper of the City of Schenectady; (b) sold for scrap; or (c) destroyed. B. Such notice of publication shall describe the off-road vehicle with reasonable certainty, by manufacturer’s trade name or make, registration or license number and the name of the person to whom, if known, the vehicle belongs, or, if the name of the owner is unknown, that fact shall be stated. § 248-101-c. Redeeming of off-road vehicles. The owner of such off-road vehicle or his agent may, within sixty (60) days from the date of impounding, redeem the off-road vehicle by paying to the City of Schenectady the sum of a $70 towing and hauling fee and storage charges of $20 per day for each day impounded. Upon redemption, such owner or agent shall also sign a written receipt for such off-road vehicle. Said sums shall be in addition to any bond required for the violation for which the off-road vehicle was towed, in addition to any redemption fee established in this Code, and in addition to any outstanding fines.