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City Council

Regular Meeting

Schenectady, NY · November 22, 2021

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Minutes

Schenectady City Council Minutes November 8, 2021 / Page 3 of 4 INTRODUCTION OF AND ACTION UPON LOCAL LAWS, ORDINANCES AND RESOLUTIONS: Mr. Mootooveren made a motion that Council approves the Consent Agenda, and the motion was moved by Ms. Patrick and seconded by Ms. Zalewski-Wildzunas. Consent Agenda Resolution No. 2021-245 .......................................Adopted Unanimously Resolution No. 2021-246 .......................................Adopted Unanimously Resolution No. 2021-247 .......................................Adopted Unanimously Resolution No. 2021-248 .......................................Adopted Unanimously Resolution No. 2021-249 .......................................Adopted Unanimously Resolution No. 2021-250 .......................................Adopted Unanimously Resolution No. 2021-251 .......................................Adopted Unanimously Resolution No. 2021-252 .......................................Adopted Unanimously PRIVILEGE OF THE FLOOR: Mr. Mootooveren directed all who wished to discuss any items for City Business to come forward or otherwise submit their comments to the City Clerk. Anthony Carota, III – Wished everyone a Happy Thanksgiving. He then reported that it has become dangerous to walk on the sidewalks. There are people riding dirt bikes on the sidewalks and it is dangerous for pedestrians. Diablo – Communicated remarks against African American people, specifically men. He stated that they disobeyed the Jim Crow laws and disrespected Caucasian privacy and culture. He is concerned about the future of Schenectady with a bunch of African Americans being elected and seated on City Council. Then he asked if Mayor McCarthy is placing any money in the 2022 budget for public art. He then spoke about the statue of Liberty and suggested that it be melted down and a better one be created. Seeing no other speakers come forward, Mr. Mootooveren declared the Privilege of the Floor to be closed. MISCELLANEOUS BUSINESS OF THE COUNCIL: Carmel Patrick – Thanked those who attended the parade and the parade organizers; she also thanked the organizers of IlluminoCity for the beautiful light display up and down State Street. She then wished everyone a Happy Thanksgiving. Marion Porterfield – Spoke about the parade and stated that the floats were wonderful. She congratulated the Schenectady Belmont Pop Warner team on their wins. She then addressed disturbing comments at the rail and stated that when it comes to elections, the voters vote people in. The people who were voted in are capable and their election was not based on their ethnicity, but rather for their skills and abilities.

Agenda

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, November 22, 2021 Room 209 7:00 p.m. PUBLIC HEARING 001 Regarding the 2022 Downtown Special Assessment District (DSAD) Budget PUBLIC HEARING 002 Regarding the 2022 Upper Union Street Business Improvement District (BID) ORIGINAL CONSIDERATION 01 Council Member A RESOLUTION Calling for a Public Hearing to Amend Chapter 87-11 of the Code of the City of Schenectady to add Juneteenth as a Declared Holiday Votes Required 4 ORIGINAL CONSIDERATION 02 Council Member A RESOLUTION Calling for a Public Hearing for the Right-of-Way Acquisition for the Kings Road over Amtrak / CSX Bridge Replacement Project - PIN 1758.95 Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLUTION Authorizing the City to Enter into a Contract with the New York State Division of Homeland Security and Emergency Services, to Secure Grant Funding Votes Required 4 Friday, November 19, 2021 Page 1 of 2 Monday, November 22, 2021 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 04 Council Member A RESOLUTION Authorizing the Issuance of Revocable Permit No. 663 to Simply Beautiful for a Sign that Will Overhang the City's Right- of-Way at 158 Jay Street Votes Required 4 ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Authorizing the Mayor, or His Designee to Enter into Supplemental Agreement #2 with NYSDOT for the Immplementation, and Funding in the First Instance 100% of the Federal-Aid and State "Marchiselli" Program-Aid Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds for Nott Street (Rosa Road to Wendell Avenue) Paving, PIN 1760.62 Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Authorizing the Settlement of a Claim by James Gulneck Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Authorizing the Settlement of a Claim by Edward Ritz Votes Required 4 ORIGINAL CONSIDERATION 08 Council Member A RESOLUTION Authorizing the Settlement of a Claim by Lisa Williams Votes Required 4 ORIGINAL CONSIDERATION 09 Council Member A RESOLUTION Recognizing the Schenectady Belmont Pop Warner Players and Cheerleading Team Votes Required 4 Friday, November 19, 2021 Page 2 of 2 SCHENECTADY DOWNTOWN SPECIAL ASSESSMENT DISTRICT (0540) 2022 Budget - APPROVED 11-2-21 Page I of 2 2021 DSAD ASSESSMENT 2022 DSAD ASSESSMENT DSIC Program Category ALLOCATED TO DSIC ALLOCATED TO DSIC Total DSAD Assessment Levy for 2022 $305,160 $330,000 Total DSAD Assessment Levy for 2022 - Frontage Factor $152,580 $165,000 Total DSAD Assessment Levy for 2022 - Size Factor $152,580 $165,000 Total of DSIC Programs $747,531 $882,657 2021 2022 Base Participation Fee $295 $315 NOTES 4. The funding reflected in the budget of the Downtown Special Assessment District (DSAD) as approved by City Council represents a portion of the funding utilized by the Downtown Schenectady Improvement Corporation (DSIC) for its operations, as set forth in the separate budget of the DSIC. 2. A base participation fee is determined by calculating a percentage of total DSIC programming (not to exceed 25%) and dividing it by all eligible parcels (506). The percentage proposed in 2022 is 18.16%. Downtown Schenectady Improvement Corporation 2022 Budget - APPROVED 11-2-21 - Page 2 of 2 Difference Business Comm. & Marketing Environmental Enhancement & Administration 2022 TOTALS 2021 TOT ALS Between 2022 & INCOME & Development Maintenance 2021 1 Donations/Soonsorshios 41 ,500 17,000 58,500 40,300 18,20 € 2 DSAD Assessment 9,900 99,000 221,100 330,000 305,160 24,840 3 EEM Greenmarket Assistance 1 ,000 1 ,000 1 ,000 0 4 EEM Landscaping Services - Metroplex 100,000 100,000 55,000 45,000 5 Grant Revenue - Other 750 22,500 16,750 40,000 o 40,000 6 Marketing Participation Fees o 3,000 -3,000 7 Metroplex Operating Grant 240,000 240,000 240,000 o 8 Parking Note Receivable (Interest)" 2,870 2,870 4,243 -1 ,373 9 Product Sales/Silent Auction o o o 10 Ticket Sales/Vendor Fees 47,000 47,000 40,000 7,000 INCOME TOT ALS 10,650 212,870 595,850 819,370 688,703 130,667 Difference Business Comm. & Marketing Environmental Enhancement & EXPENSES Administration 2(122 TOT ALS 2021 TOT ALS Between 2022 & & Development Maintenance 2021 1 Advertising 10,050 1 ,300 11,350 5,460 5,890 2 Business Development 500 o 500 500 o 3 Communications/Phone/Internet 243 2,434 5,436 8,113 8,447 -334 4 EEM Contracted Services 3,000 3,000 2,600 400 5 EEM Landscape Services - Materials/Supplies 5,000 5,000 5,000 o 6 Equipment 30 305 680 1,015 o 1,015 7 Fees/License/Permits 18 179 400 597 374 223 8 Gas - EEM Equipment 6,300 6,300 6,000 300 9 Insurance (Liability, D&O, NYSIF, etc.) 973 9,727 21 ,724 32,424 26,127 6,297 10 Flowers 15,200 15,200 15,200 o 11 Lease/Utilities - EEM Garage 28,080 28,080 12,300 15,780 12 Mileage Reimbursement 6 60 134 200 300 -1 00 13 Maintenance/Repairs 435 4,350 9,715 14,500 13,000 1 ,500 14 Memberships 61 606 1 ,353 2,020 1 ,066 955 15 Networking/Sponsorships/Meals 300 3,000 6,700 10,000 5,500 4,500 16 Office Lease 825 8,250 18,425 27,500 26,000 1 ,500 17 Postage/Mailing 33 330 737 1,100 500 600 18 Professional Services 1,940 19,403 43,333 64,676 54,010 10,666 19 Printing 465 4,650 10,385 15,500 2,400 13,100 20 Salaries/Benefits 17,333 173,335 387,114 577,782 513,432 64,350 21 Special Events/Promotions 34,000 34,000 30,700 3,300 22 Subscriptions 36 360 804 1,200 1,216 -16 23 Supplies 318 3,180 7,102 10,600 8,000 2,600 24 Outdoor D6cor 7,500 7,500 4,900 2,600 25 Utilities - Office 90 900 2,010 3,000 3,000 o 26 Work Clothes - EEM o 1 ,500 1 ,500 1 ,500 o EXPENSETOTALS 23,107 275,618 583,932 882,657 747,531 135,126 DIFFERENCE -12,457 -62,748 11,918 -63,287 -58,828 Appropriation of 2022 Parking Payment' 47,130 45,757 DIFFERENCE -16,157 -13,071 Appropriation of General Fund Balance 16,157 13,323 DIFFERENCE o o Remaining Parking Funds Deposited to Reserve Account "Note: Parkjng Note Receivable (Interesd) of'J2,870* Appropriation of 2022 Parking Payment 547,130 = !550,000 Annual Parking Payment Upper Union Street Business Improvement District 2022 Projected Budget 28-Oct-21 Budget Income Assessment $ 46,100 Donation Received - Total Income $ 46,100 Expenses Advertising 8,000 Bank Service Charges 64 Dues & Subscriptions 400 Executive Director 12,000 Fees (NY) 50 Holiday Festival 2,000 Insurance 1,100 Landscaping 4,000 Marketing Consultant 3,000 Meeting Expense 600 Member Support - Office Expense 250 Professional Fees 900 Scholarship Expense 2,000 Snow Removal 6,000 Storage 2,400 Urban Beautification (Banners/Lights) 3,000 Miscellaneous 250 $ 46,014 Profit (Loss) $ 86 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: Amending Section 87-11 of the Code of the City of Schenectady to Add Juneteenth as a Declared Holiday Said Public hearing shall be held on Monday, December 13, 2021 at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of discussing an amendment to Section 87-11 of the Code of the City of Schenectady to add D Juneteenth as a declared holiday; and be it further RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: RA NOTICE OF PUBLIC HEARING Amending Section 87-11 of the Code of the City of Schenectady to Add Juneteenth as a Declared Holiday FT On Monday, December 13, 2021 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 Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the above-referenced matter; and be it further RESOLVED, that copies of the amended Section 87-11 of the Code of the City of Schenectady be made available at the City Clerk’s Office and the City of Schenectady website at www.cityofschenectady.com for public inspection beginning no later than December 8, 2021, and be it further RESOLVED, that all interested parties may also be heard by submitting written comments to the City Clerk via www.cityofschenectady.com/158/City-Council, by email at mailto:smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on December 10, 2021. Approved as to form this 22nd day of November, 2021. __________________________ Andrew B. Koldin, Esq. Corporation Counsel D RA FT CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the City to Enter into a Contract with the New York State Division of Homeland Security and Emergency Services, to Secure Grant Funding WHEREAS, the City Council wishes to enter into a contract with the New York State Division of Homeland Security and Emergency Services (DHSES), which provides funding through the FY2021 State Homeland Security Program (SHSP). This contract is for the purpose of securing funds allocated to the City of Schenectady, through the Capital District Urban Area Working Group (UAWG) which represents the cities of Albany, Troy and Schenectady and the counties of Albany, Rensselaer, and Schenectady; and D WHEREAS, the City shall receive $203,670.00 of grant funding, under the FY2021 allocation. Funds shall be used toward the following purchases: $26,200 on cybersecurity upgrades RA including police website, data backup, and VPN licenses; $48,200 for soft target protection & crowded places protection including Mobile command post, EOC and SWAT truck upgrades; $60,000 on intelligence sharing for projects including crime analyst training, Cellebrite school & equipment for forensics investigations, and Street Smart secure platform buildout among others; $20,500 on projects for domestic violence terrorism which includes CLEAR licensing for record searching, social media investigative training, and purchase of computer hardware; $15,000 on emerging threats including equipment and training related to CBRNE and working with the FT community; and $33,770 towards maintenance and equipment related to the new 800mh radio system: NOW, THEREFORE BE IT, RESOLVED, that the City Council hereby authorizes the Mayor or his designee to enter into an agreement with the New York State Office of Homeland Security and Emergency Services for the purposes of securing grant funding as described hereinabove from the State Homeland Security Program, to be allocated as described hereinabove, the terms of which shall be set by the Corporation Counsel; and be it further RESOLVED, that the Commissioner of Finance and Administration is directed to receive and allocate the funding as stated hereinabove. Approved as to form this 22nd day of November, 2021. __________________________ Andrew B. Koldin, Esq. Corporation Counsel CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Issuance of Revocable Permit No. 663 to Simply Beautiful for a Sign That Will Overhang the City’s Right-of-Way at 158 Jay Street, Schenectady, New York WHEREAS, Simply Beautiful would like to install a sign that will overhang the City’s right-of-way at 158 Jay Street, Schenectady, New York; and D WHEREAS, the City Engineer recommends the issuance of a permit for the Sign; and WHEREAS, said revocable permit shall be subject to standard conditions that include, but are limited to, the required indemnification of the City for any and all lawsuits stemming RA from the installation of these items, securing and maintaining liability and casualty insurance, and the maintenance of the encumbrance on City property, and WHEREAS, said permit shall be subject to revocation at the discretion of the City Engineer: NOW, THEREFORE BE IT, FT RESOLVED, that the City Engineer is hereby authorized to issue Revocable Permit No. 663 to Simply Beautiful for the Sign that will overhang the City’s right-of-way at 158 Jay Street, Schenectady, New York, subject to such terms, conditions and restrictions as may be justified in his expert professional opinion to safeguard the interests of the City. Approved as to form this 22nd day of November 2021. __________________________ Andrew Koldin, Esq. Corporation Counsel FT RA D FT RA D FT RA D FT RA D FT RA D FT RA D CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Mayor or His Designee to Enter into Supplemental Agreement #2 with NYSDOT for the Implementation, and Funding in the First Instance 100% of the Federal-Aid and State "Marchiselli" Program-Aid Eligible costs, of a Transportation Federal-Aid Project, and Appropriating Funds for Nott Street (Rosa Road to Wendell Avenue) Paving, PIN 1760.62 WHEREAS, a Project Nott Street (Rosa Road to Wendell Avenue) Paving, City of Schenectady P.I.N. 1760.62 (the “Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80 % Federal funds and 20% non-federal funds; and WHEREAS, the City of Schenectady desires to advance the Project by making a commitment of 100% of the non- federal share of the costs of Design and ROW Incidentals and Acquisition: D NOW, THEREFORE, the City Council duly convened does hereby RESOLVE, that the City Council hereby approves the above-subject project; and it is hereby further RESOLVED, that the City Council hereby authorizes the City of Schenectady to pay in the first instance 100% of RA the federal and non-federal share of the cost of Design and Construction/CI work for the Project or portions thereof; and it is further RESOLVED, that the sum of $72,000.00 has been previously appropriated from the Capital Budget Code I9517083- 201 and made available to cover the cost of participation in the above phase(s) of the Project; and it is further RESOLVED, that the additional sum of $794,729.00 has been appropriated from the Capital Budget Code I9517083-201 and made available to cover the cost of participation in the above phase(s) of the Project; and it is further FT RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the City of Schenectady shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and it is further RESOLVED, that the Mayor be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the City of Schenectady with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, the terms of which shall be set by the Corporation Counsel; and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, this Resolution shall take effect immediately. Approved as to form this 22nd day of November 2021 __________________________ Andrew Koldin, Esq. Corporation Counsel STATE OF NEW YORK } } ss.: COUNTY OF Schenectady } I, the undersigned, DO HEREBY CERTIFY that I have compared the above copy of a resolution adopted _____________, 20___ with the original record in this office and that the same is a correct transcript thereof and of the whole of said original record. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of said ________________________ This _____ day of _________________, 20__. D _____________________________________________ Clerk RA FT FT RA D FT RA D FT RA D CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by James Gulneck WHEREAS, claimant served the City of Schenectady with a Notice of Claim (2021-063); and WHEREAS, the Office of the Corporation Counsel has recommended that it would be in the best interest of the City to settle this matter; and D WHEREAS, the settlement proposal was accepted by the City Claims Committee: NOW, THEREFORE BE IT, RA RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement with James Gulneck to settle the property damage claim for $1,487.71, the terms of which shall be set by the Corporation Counsel. Approved as to form this 22nd day of November, 2021. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel FT CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Edward Ritz WHEREAS, claimant served the City of Schenectady with a Notice of Claim (2021-048); and WHEREAS, the Office of the Corporation Counsel has recommended that it would be in the best interest of the City to settle this matter; and D WHEREAS, the settlement proposal was accepted by the City Claims Committee: NOW, THEREFORE BE IT, RA RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement with Edward Ritz to settle the property damage claim for $6,278.70, the terms of which shall be set by the Corporation Counsel. Approved as to form this 22nd day of November, 2021. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel FT CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Lisa Williams WHEREAS, claimant served the City of Schenectady with a Notice of Claim (2021-015); and WHEREAS, the Office of the Corporation Counsel has recommended that it would be in the best interest of the City to settle this matter; and D WHEREAS, the settlement proposal was accepted by the City Claims Committee: NOW, THEREFORE BE IT, RA RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement with Lisa Williams to settle the property damage claim for $1,000.00, the terms of which shall be set by the Corporation Counsel. Approved as to form this 22nd day of November, 2021. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel FT CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Recognizing Schenectady Belmont Pop Warner Players and Cheerleading Team WHEREAS, Pop Warner, founded in 1929 is the largest youth football, cheer and dance program in the world; and WHEREAS, the goal at Belmont Pop-Warner is to motivate young scholars to participate in football, cheerleading and dance while providing a positive, safe, fun and friendly environment for all who attend. The organization is focused and dedicated to instilling youth with confidence, teamwork, responsibility D and success as lifelong skills that they can utilize on and off the field, with a foundation built on love; and WHEREAS, their motto is One Team, One Family. We are Belmont Pop-Warner; and RA WHEREAS, for the first time ever, the 10u Belmont Football team won the local Pop Warner Super- Bowl on November 6, 2021, against a tough South Glens Falls team, advancing them to participate in the Eastern Regional Championship. Their journey through the local Super Bowl matched them against thirteen teams within their district to compete for the elusive title of Pop Warner Capital District Super- Bowl Champions; and WHEREAS, this year is special because despite the adversity faced by the coaches, parents and FT players, due to COVID restrictions; requiring new equipment and re-motivating the players after a year and half layoff from football, they prevailed. The 10u Belmont Football team defeated every top team in the district convincingly and just won their first Regional game against Watertown 45-0; and WHEREAS, the cheerleading team is the connection between the fans and the athletic team, the energy and enthusiasm cheerleaders bring to the game make the players feel supported and motivated during the game. The success of Belmont Pop Warner has spread throughout the organization, and three out of four of the cheerleading teams have been invited to compete for national championships in Florida; and WHEREAS, the 12u football team is currently competing for an empire championship and the 8u football team competed in the empire championship at that level falling short of victory by only 6 points. The president, Billy Kent and Head Coach, Josh Perry are determined to revitalize Belmont Pop Warner and solidify it as a successful organization within the community: NOW, THEREFORE BE IT, RESOLVED, that the Mayor, Gary R. McCarthy, and the Schenectady City Council do hereby pause in their deliberations to congratulate the players, cheerleading team, coaches and leadership of Schenectady Belmont Pop Warner on their recent accomplishments and wish them continued success in the future. Approved as to form this 22th day of November, 2021 __________________________ Andrew B. Koldin, Esq. Corporation Counsel D RA FT 2

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