City Council

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, April 10, 2023 Room 209 7:00 p.m. PUBLIC HEARING 001 2023-2024 Proposed HUD Annual Action Plan PUBLIC HEARING 002 Amending the Schenectady City Code to Add Provisions Relating to the Use of School Bus Stop Arm Cameras 4 FINAL CONSIDERATION 01 Council Member AN ORDINANCE to Amend Section 186-16 of the Code of the City of Schenectady Votes Required 4 ORIGINAL CONSIDERATION 02 Council Member A RESOLUTION Calling for a Public Hearing on the Abandonment of a Portion of Amelia Street Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLUTION Calling for a Public Hearing on the Abandonment of a Portion of Larch Street Votes Required 4 1 Friday, April 07, 2023 Page 1 of 3  Monday, April 10, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 04 Council Member A RESOLUTION Calling for a Public Hearing Amending ss248-18 of the Schenectady City Code to Designate Fuller Street, from South Church Street to South Ferry Street, a One- Way Street Votes Required 4 ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Requesting State Legislation Requiring Compliance with City Code Related to Rental Residential Property Registration for Eviction Proceedings Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Confirming the Re- Appointments of Father Dominic Isopo, Lawrence Dahlke, and Lawrence DeAngelus and Confirming the Appointment of Michael Dalton to the City of Schenectady Board of Ethics Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Approving the Increase of Schenectady Municipal Golf Course Rates for the Golf Cart Use Votes Required 4 ORIGINAL CONSIDERATION 08 Council Member A RESOLUTION Authorizing the Mayor, or his Designee to Enter Into Supplement Agreement #3 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 Replacement of Kings Road Bridge over CSX, NYSDOT PIN 1758.95 Votes Required 4 2 Friday, April 07, 2023 Page 2 of 3  Monday, April 10, 2023 Room 209 7:00 p.m. CONTRACT & SUPPLY 09 Council Member A RESOLUTION Awarding the Bid and Contract for "Crack Sealing of City Streets 2023" to Sealcoat USA, Inc. in the Amount of $157,380.00 Votes Required 4 3 Friday, April 07, 2023 Page 3 of 3  CITY OF SCHENECTADY 2023 CONSOLIDATED PLAN SUMMARY Budgetary allocations are subject to change based on final HUD Allocations FUNDING Community Development Block Grant (CDBG) New Fiscal Year $ 2,000,000.00 Program Income $ - TOTAL $ 2,000,000.00 Emergency Solutions Grant (ESG) $ 190,000.00 TOTAL $ 190,000.00 HOME Investment Partnerships (HOME) New Fiscal Year $ 1,150,000.00 Program Income $ - TOTAL $ 1,150,000.00 TOTAL AVAILABLE FUNDING $ 3,340,000.00 CATEGORY ALLOCATIONS Emergency Solutions Activities…...… $ 176,000.00 $ 176,000.00 from ESG Housing Assistance Activities……………… $ 1,293,000.00 $ 1,093,000.00 from HOME $ 200,000.00 from CDBG Public Service Activities……...………..… $ 369,500.00 from CDBG Public Works Activities……………………. $ 1,030,500.00 from CDBG Administration…………………………… $ 471,000.00 $ 57,000.00 from HOME $ 400,000.00 from CDBG $ 14,000.00 from ESG TOTAL: …………………………………. $3,340,000.00 4  2023 EMERGENCY SOLUTIONS GRANT ALLOCATIONS = $176,000.00 Organization Project Description Funding Source Requested Funding 2023 Proposed Plan 2022 Final Plan Funds will be used for salaries/fringes and non personnel costs Homeless Housing and providing intake, assessment, referral, follow-up case management, and Bethesda House Inc. ESG $ 65,000 $ 45,000.00 $ 45,695.00 Eviction Prevention Program assertive outreach services to secure permanent housing, regain housing, or maintain housing for the homeless population citywide. Funds will be used for salaries/fringes and non personnel costs for the Bethesda House Inc. Day Program Drop-In Center Day Program Drop-In Center, providing comprehensive services to the ESG $ 35,000 $ 22,250.00 $ 22,600.00 homeless, disabled and disadvantaged populations citywide. Funds will be used to provide administrative/personnel costs and Homeless Management and CARES, Inc. software licenses for the HUD mandated Homeless Management and ESG $ 30,000.00 $ 20,250.00 $ 19,690.00 Information System (HMIS) Information System (HMIS). Funds will be used for salaries/fringes of the House Manager and Street Outreach Worker and rent and utilities for Safe House, a temporary Safe, Inc. Safe House ESG $ 50,000.00 $ 33,500.00 $ 32,570.00 emergency shelter for runaway and homeless youths 16-20 years old, primarily serving the Hamilton Hill/Central State Street neighborhoods. Funds will be used for personnel program delivery costs of counselors Schenectady Community Action Homeless Prevention and and attorneys providing for court advocacy, legal assistance, rapid re- ESG $ 90,000.00 $ 55,000.00 $ 57,310.00 Program, Inc. (SCAP) Rapid Re-Housing Program housing and tenant/landlord services. Page Total $270,000.00 $176,000.00 $177,865.00 5  2023 HOUSING ASSISTANCE ALLOCATIONS = $1,293,000.00 Organization Project Description Funding Source Requested Funding 2023 Proposed Plan 2022 Final Plan Better Comunity Neighborhood Homeowner Occupied Housing Funds will be used to assist ten (10) income eligible homeowners with CDBG $ 480,000.00 $ 200,000.00 $ 200,000.00 Inc. (BCNI) Rehabilitation housing rehabilitation services, particulary code violations. Funds will be used for salaries/fringes and nonpersonnel costs in support Better Community Administrative/ Operating Costs of BNI's housing programs including housing rehabilitation, in the Hamilton HOME $ 80,000.00 $ 25,000.00 $ 27,716.55 Neighborhoods, Inc. (BCNI) Hill neighborhood. Habitat of Humanity of Habitat Single Family Homes Funds will be used to build two single family homes in Schenectady HOME $ 330,000.00 $ 75,000.00 $ 330,000.00 Schenectady Funds will be used to provide closing or down payment assistance to a Better Community Second Mortgage Program maximum of 10% of the purchase price for an owner-occupied house for HOME $ 100,000.00 $ 100,000.00 $ 111,870.00 Neighborhoods, Inc. (BCNI) low and moderate income persons, citywide. Tenant Based Rental Assistance Funds will provide tenant-based rental assistance and security deposits to Bethesda House Inc. HOME $ 78,500.00 $ 75,000.00 $ 61,530.00 Program resident families of the City of Schenectady. Capital Improvements for 1103 Funds will be used for Capital improvements to increase accessibility in Wildwood Programs, Inc. HOME $ 30,000.00 $ 30,000.00 - Waverly Place residential group home supporting people with disabilities. Funds will be used for demolition, rehabilition or construction of Rehabilitaion, new construction or Department of Development approximately six (6) blighted and abandoned properties or lots HOME $ 300,000.00 $ 213,000.00 $ 223,964.60 demolition, of houses throughout the city. Funds Obligated to the City of Troy as per the HOME Consortium City of Troy Constortium Agreement HOME $ 460,000.00 $ 460,000.00 $ 472,103.60 Agreement Funds Obligated to the Town of Colonie as per the HOME Consortium Town of Colonie Constortium Agreement HOME $ 115,000.00 $ 115,000.00 $ 118,025.90 Agreement Page Total $ 1,493,500 $ 1,293,000 $ 1,345,210.65 6  2023 NRSA PUBLIC SERVICE ALLOCATIONS- $84,500.00 Funding Organization Project Description Requested Funding 2023 Proposed Plan 2022 Final Plan Source Funds will be used for personnel costs for a Homebuyer Education and Foreclosure Prevention Program, providing pre-purchase and default housing counseling, intervention Better Community Homebuyer Education and Foreclosure and assistance to low and moderate income potential homebuyers/homeowners in CDBG $ 50,000.00 $ 37,500.00 $ 37,690.00 Neighborhoods, Inc Prevention Program maintaining decent affordable housing, primarily serving the Hamilton Hill and Central State Street neighborhoods. Funds will be used to pair artisan makers with workforce development programs to train workers in Albany Barn Inc. Workforce Development CDBG $ 26,000.00 $ 15,000.00 $ 18,840.00 creative trades. Funds will be used for personnel and nonpersonnel costs for Project ArtReach, providing Hamilton Hill Drop-In Arts & Crafts Project Center ArtReach educational and cultural programming for primarily low and moderate income youth in the CDBG $ 40,000.00 $ 32,000.00 $ 32,980.00 Hamilton Hill neighborhood. Page Total $ 66,000.00 $ 84,500.00 $ 89,510.00 7  2023 PUBLIC SERVICE ALLOCATIONS = $285,000.00 Organization Project Description Funding Source Requested Funding 2023 Proposed Plan 2022 Final Plan Funds will be used for Jerry Burrell Park summer programming including day and night programs YMCA Jerry Burrell Drop-In Summer Program CDBG $ 30,385.00 $ 18,000.00 $ 18,846.00 consisting of arts and crafts, fitness, nutrition, swimming lessons, sports and education. Capital District Center for Funds will be used to support the CDCI effort to support individuals with disabilities with the services Disibilities Support Services CDBG $ 20,405.00 $ 5,000.00 $ 4,715.00 Independence they need to maintain independent and self-sufficient lives. Ancient Order of Hibernians John F Funds will be used to pay for the Schenectady Senior Center which will provide lunch, educational Schenectady Senior Center CDBG $ 48,850.00 $ 20,000.00 $ 18,846.00 Kennedy Division and recreational activities to Seniors within the City of Schenectady. Funds will be used for personnel and nonpersonnel costs for a park program providing families and Quackenbush Park, Hillhurst and Boys and Girls Club of Schenectady youths with increased opportunities including sports programs, swimming lessons, arts and crafts, Steinmetz Parks Recreational and CDBG $ 147,741.00 $ 100,000.00 $ 94,230.00 Inc. nutrition education, prevention education, family programs and special events at Quackenbush, Educational Enrichment program Hillhurst and Steinmetz Parks. Schenectady Community Action Funds will be used to provide a full-time presence at the new Mt. Pleasant Library to asisit residence Mt. Pleasant Outreach CDBG $ 30,000.00 $ 15,000.00 $ 14,134.00 Program Inc. to navigate various social services resources available to low and moderate income residence. Funds will be used to provide an introductory Craft Skills & Employment Training programs that will specifically designed to provide this training to those who are unemployed, dislocated or Affirmative Action Office Empowerment Center CDBG $ 174,000.00 $ 20,000.00 $ 37,690.00 disadvantaged,this program will qualify them for entry-level employment in the construction industry. Schenectady Youth Boxing & Fitness The funds will be utilized to provide support to a coalition of small, non-profits organizations Schenectady Youth Coalition CDBG $ 204,120.00 $ 95,000.00 $ 94,230.00 Inc. currently providing services and support to youth within the City of Schenectady. Schenectady Inner City Ministry Making Food Available Funds will be utilized toaddress food insecurity through Moble Pantries and Home food deliveries CDBG $ 75,000.00 $ 7,000.00 $ - Schenectady Hindu Temple and Guyanese Communtiy Center Youth Funds will be used to host after school youth programming at the Guyanese Community Center CDBG $ 50,000.00 $ 5,000.00 $ - Community Services Programming Page Total $ 780,501.00 $ 285,000.00 $ 282,691.00 8  2023 PUBLIC WORKS ALLOCATIONS = 1,030,500.00 Requested 2023 Proposed Organization Project Description Funding Source 2022 Final Plan Funding Plan Funds will be used for personnel and nonpersonnel costs for code Code Enforcement Program Delivery CDBG $ 100,000.00 $ 100,000.00 $ 100,000.00 enforcement activities in low and moderate income neighborhoods. Funds will be used for the rehabilitation or reconstruction of approximately Street Rehabilitation and one (1) mile of CDBG eligible streets and include ADA improvements required Engineering Department Facilities Improvement CDBG $ 400,000.00 $ 250,000.00 $ 250,000.00 under Federal Law and where specified by the City in various CDBG target Program areas. Funds will be utilized for upgrades to City Parks including, Jerry Burrell, Engineering Department Park Improvements CDBG $ 300,000.00 $ 369,500.00 $ 300,000.00 Steinmentz and other city parks as needed. Funds will be used for personnel and nonpersonnel costs in support of SNAP Schenectady Neighborhood and property management activities, providing for the stablization of in-rem Office of General Services CDBG $ 330,000.00 $ 100,000.00 $ 100,000.00 Assistance Program (SNAP) properties taken through foreclosure to stop deterioration and retain marketability. Funds will be used for the partial repayment of the Section 108 Loan Property Section 108 Loan Guarantee Program Guarantee Program's principal and interest for property acquisition and CDBG $ 56,000.00 $ 56,000.00 $ 56,000.00 Acquisition/Demolition demolition for the removal of citywide blighting conditions. Youth Streetscape Funds will be used to provide job training to youth through streetscape City of Schenectady CDBG $ 40,000.00 $ 75,000.00 $ 30,000.00 Beautification Program beautification projects in the NRSA and Mt. Pleasant Neighborhoods. Building improvements to Funds will be used to fix for structural repairs and necessary improvements to Safe House Inc. CDBG $ 30,000.00 $ 30,000.00 $ - McIntosh House residential spaces Health and Safety Funds will be used fornecessary upgrades to the Fire Suppression System, fire YWCA of Northeast New York Improvements to YWCA CDBG $ 171,690.00 $ 50,000.00 $ - door and improvements to the residential rooms Main Campus Page Total $ 1,226,000.00 $ 1,030,500.00 $ 836,000.00 9  2023 ADMINISTRATION ALLOCATION = $471,000.00 Organization Project Description Funding Source 2023 Proposed Plan 2022 Final Plan Funds will be used for oversight, management, monitoring and CDBG $ 335,000.00 $ 353,003.40 Department of coordination of the CDBG, ESG and HOME programs. Administration Costs Development Salaries/Benefits = $330,000 (CDBG) + $57,000 (HOME) + $14,000 HOME $ 57,000.00 (ESG). Nonpersonnel Costs = $5,000 (CDBG). $ 59,012.95 ESG $ 14,000.00 $ 13,605.00 Department of Administration and Funds will be used for administrative and program delivery costs CDBG $ 25,000.00 $ 25,000.00 Finance Program Delivery associated with Consolidated Plan activities. Affirmative Department of Action/Minority Funds will be used for affirmative action, minority recruitment and CDBG $ 40,000.00 $ 40,000.00 Finance Recruitment/ Contract contract compliance activities serving the City of Schenetady. Compliance Page Total $ 471,000.00 $ 490,621.35 10 City of Schenectady School Bus Stop Arm Demonstration Program Code of Law (INSERT SECTION) Definitions: SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM A device that is capable of operating independently of an enforcement officer which is installed to work in conjunction with a school bus stop-arm and which automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of a vehicle at the time it is used or operated in violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law. Code of Law § 265-__ Program established. A. There is hereby established, pursuant to § 1174-a of the New York State Vehicle and Traffic Law, a demonstration program imposing monetary liability on owners of vehicles for failure of the D operators thereof to comply with § 1174 of the New York State Vehicle and Traffic Law when meeting a school bus marked and equipped as provided in Subdivisions 20 and 21-c of § 375 of RA the New York State Vehicle and Traffic Law in the City of Schenectady. B. To carry out the demonstration program, the City is authorized to enter into an agreement with the City of Schenectady school district for the installation, maintenance, and use of school bus FT photo violation monitoring systems as well as proper handling and custody of data received by the school bus cameras, subject to the provisions of § 1174-a of the New York Vehicle and Traffic Law. Once the school district has entered into an agreement with the City, cameras shall be installed on school buses owned or operated by that school district or privately owned and operated for compensation under a contract with such school district. C. Cost of program and reports relating thereto. (1) The total cost to the school district of the installation, maintenance and use of school bus photo violation monitoring systems pursuant to an agreement authorized by this local law shall be borne entirely by the City. (2) The school district shall provide any report required of the district, pursuant to § 1174-a of the Vehicle and Traffic Law, to the State or any official thereof. 11 (3) To the extent that the City shall be required to issue any report to the state or any official thereof as a result of the adoption of this article and/or § 1174-a of the Vehicle and Traffic Law, the City shall cause the same to be prepared pursuant to this article or applicable state law. D. Pursuant to § 1174-a (a)(3)(i) of the Vehicle and Traffic Law, any school district participating in the demonstration program shall be prohibited from accessing any photographs, microphotographs, videotapes, other recorded images and data from school bus photo violation monitoring systems but shall provide, pursuant to the agreement with the City, as provided in this article, for the proper handling and custody of such photographs, microphotographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the City for the purpose of determining whether a motor vehicle was operated in violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law and imposing monetary liability on the owner of D such motor vehicle therefor. RA E. The agreement between the City and the school district shall provide that photographs, microphotographs, videotapes, other recorded images and data produced by school bus photo violation monitoring systems shall be destroyed (a) 90 days after the date of the alleged imposition of liability if a notice of liability is not issued for such alleged imposition of liability pursuant to this FT article or (b) upon final disposition of a notice of liability issued pursuant to this article. F. The City shall adopt and enforce measures to protect the privacy of drivers, passengers, pedestrians and cyclists whose identity and identifying information may be captured by a school bus photo monitoring device. Such measures shall include: (1) Utilization of necessary technologies to ensure, to the extent practicable, that photographs produced by such school photo violation monitoring systems shall not include images that identify the driver, the passengers, the contents of the vehicle, pedestrians and cyclists; provided, however, that no notice of liability issued pursuant to this section shall be dismissed solely because a photograph or photographs allow for the identification of the contents of a vehicle, provided that the City has made a reasonable effort to comply with the provisions of this subsection; (2) A prohibition of the use or dissemination of vehicles' license plate information and other information and images captured by school bus photo violation monitoring systems except: (a) as 12 required to establish liability under this section or collect payment of penalties; (b) as required by court order; or (c) as otherwise required by law; (3) Oversight procedures to ensure compliance with the privacy protection measures required herein. G. The City shall also undertake the installation of signage in conformance with standards established in the Manual of Uniform Traffic Control Devices. Such signage shall be installed at each roadway entrance of the jurisdictional boundaries of the City giving notice that school bus photo violation monitoring systems are used to enforce restrictions on vehicles violating § 1174 of the New York Vehicle and Traffic Law. For the purposes of this subsection, the term "roadway" shall not include state expressway routes or state interstate routes but shall include controlled- access highway exit ramps that enter the boundaries of the City. D § 265-_ Penalties for offenses. An owner liable for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article shall be liable for monetary penalties in accordance with the following RA schedule of fines and penalties: A. $250 for a first violation; FT B. $275 for a second violation committed within 18 months of the first violation; C. $300 for a third violation or subsequent violation all of which were committed within 18 months from the first violation; and D. An additional penalty of $25 for each violation for the failure to respond to a notice of liability within the prescribed time period. E. An imposition of liability under this article shall not be deemed a conviction and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. F. All fines and penalties collected pursuant to this article shall be deposited with the City of Schenectady Finance Department. 13 § 265-_ Notice of liability. A. A notice of liability shall be sent as provided by state law by first-class mail to each person alleged to be liable as an owner for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law. Personal delivery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein. To the extent that state law does not preclude the City from causing such mailing to be made, the City shall undertake or cause to be undertaken such mailing. B. A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and the identification number of the camera which recorded the violation or other document locator number. C. D (i) A notice of liability shall contain information advising the person charged of the manner and RA the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon. FT (ii) The notice of liability may contain such other information as the entity causing such notice of liability to be mailed deems appropriate to communicate the law, the adjudicatory process if the addressee of the notice wishes to contest the notice of liability. § 265-_Owner liability. A. The owner of a vehicle shall be liable for a penalty imposed pursuant to this article if such vehicle was used or operated with the permission of the owner, express or implied, in violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law and such violation is evidenced by information obtained from a school bus photo violation monitoring system; provided, however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this article where the operator of such vehicle has been convicted of the underlying violation of Subdivision (a) of § 1174 of the New York State Vehicle and Traffic Law. For purpose of (i) this section; and (ii) this article, there shall be a presumption that such vehicle was used and operated with the consent of the owner at the time it was used and operated in violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law. 14 B. If the owner receives a notice of liability pursuant to this article for any time period during which the vehicle was reported to the police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For purposes of asserting the defense provided by this subsection, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent or delivered to a court of competent jurisdiction or parking violations bureau having jurisdiction where any contested notice of liability would otherwise be determined. C. An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to this article shall not be liable for the violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law, provided that he or she complies with the provisions of § 1174-a of the New York D Vehicle and Traffic Law and otherwise sends to the Court of competent jurisdiction, or other adjudicatory bureau or agency of competent jurisdiction, a copy of the rental, lease or other such RA contract document covering such vehicle on the date of the violation, with the name and address of the lessee clearly legible, within 37 days after receiving notice from the agency or entity which caused such notice of liability to be issued, together with the information contained in the original notice of liability. Failure to send such information within thirty-seven-day time period shall render FT the owner liable for the penalty prescribed by this article. Where the lessor complies with the provisions of this subsection, the lessee of such vehicle for purposes of this section, shall be deemed to be the owner of such vehicle on the date of such violation for the purposes of this section, shall be subject to liability for the violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article and shall be sent a notice of liability pursuant to § 275-6 of this article. D. A certificate, sworn to or affirmed by a technician employed by the City, or a facsimile thereof, upon inspection of photographs, microphotographs, videotapes, other recorded images produced by a school bus photo violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotapes, other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation. E. It shall be a defense to any prosecution for or allegation of a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article that such school bus stop-arms were malfunctioning at the time of the alleged violation. 15 § 265-_ Adjudication of liability. Liability pursuant to the demonstration program established hereunder shall be imposed upon owners by the Court of competent jurisdiction in the City of Schenectady or in another manner pursuant to the New York State Vehicle and Traffic Law. § 265-_ Action for indemnification. If the owner held liable for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. § 265-_ Reporting requirements. A. The City shall develop and cause to be submitted an annual report on the results of the use of a school bus photo violation monitoring system to the Governor, the temporary president of the D Senate and the speaker of the Assembly on or before June 1 of each year in which the demonstration program is operable. Such report shall include any information required by RA § 1174-a(m) of the New York Vehicle and Traffic Law to be included as a result of the enactment of this article. B. Pursuant to the requirements of § 1174-a of the New York State Vehicle and Traffic Law, courts, FT bureaus, and agencies conducting adjudications as a result of this article shall report at least annually to the City on the quality of the adjudication process and its results including the total number of hearings scheduled, rescheduled, and held; the total number of persons scheduled for such hearings; the total number of cases where fines were paid on or before the hearing date; and the total number of default judgments entered. § 265-_ Severability. If any clause, sentence, paragraph, subdivision, section, or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this article, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. § 265-_ When effective. This article shall take effect immediately upon full compliance with all the requisite statutes and laws applicable to its adoption and promulgation. 16  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: An Ordinance to Amend Section 186-16 of the Code of the City of Schenectady BE IT ENACTED by the Council of the City of Schenectady, in regular meeting convened, Section 161-21 of the Code of the City of Schenectady shall be amended to include the italicized language and delete any struck language, as follows: D § 186-16 Fires and smoking prohibited in City parks; exceptions. [Amended 6-2-1986 by L.L No. 3-1986; 4-26-2010 by Ord. No. 2010-08; 6-28-2010 by Ord. RA No. 2010-12; 8-27-2012 by Ord. No. 2012-10] A. No person other than City employees shall light, make or use any fire in any park except for cooking food in containers suitable for outdoor cooking. FT B. Smoking shall not be permitted and Nno person shall smoke within the City's parks. For purposes of this section, “to smokesmoking” means to burn a lighted cigar, cigarette, or pipe, or to use any other matter or substance which contains tobaccois defined pursuant to §1399-n of the New York State Public Health Law. C. Vaping shall not be permitted and no person shall vape within the City’s parks. For purposes of this section “to vape” is defined pursuant to §1399-n of the New York State Public Health Law. D. Violation of this section shall be an offense punishable by a fine of $50. Approved as to form this 10th day of April, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 17  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: The Abandonment of a Portion of Amelia Street Said Public hearing shall be held on Monday, April 24, 2023, at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of the the Abandonment of a Portion of Amelia Street; and be it further RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: D NOTICE OF RA PUBLIC HEARING The Abandonment of a Portion of Amelia Street On Monday, April 24, 2023, 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, FT 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 materials related to the Abandonment of a Portion of Amelia Street 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 April 19, 2023, 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 smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on April 21, 2023. Approved as to form this 10th day of April, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 18  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: The Abandonment of a Portion of Larch Street Said Public hearing shall be held on Monday, April 24, 2023, at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of the Abandonment of a Portion of Larch Street; and be it further RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: D NOTICE OF RA PUBLIC HEARING The Abandonment of a Portion of Larch Street On Monday, April 24, 2023, 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, FT 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 materials related to the Abandonment of a Portion of Larch Street 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 April 19, 2023, 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 smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on April 21, 2023. Approved as to form this 10th day of April, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 19  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 §248-18 of the Schenectady City Code to Designate Fuller Street, from South Church Street to South Ferry Street, a One-Way Street Said Public hearing shall be held on Monday, April 24, 2023, at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of the Amending §248-18 of the Schenectady City Code to Designate Fuller Street, from South Church Street to South Ferry Street, a One-Way Street; and be it further D RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: RA NOTICE OF PUBLIC HEARING Amending §248-18 of the Schenectady City Code to Designate Fuller Street, from South Church Street to South Ferry Street, a One-Way Street FT On Monday, April 24, 2023, 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 materials related to Amending §248-18 of the Schenectady City Code to Designate Fuller Street, from South Church Street to South Ferry Street, a One-Way Street 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 April 19, 2023, 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 smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on April 21, 2023. Approved as to form this 10th day of April, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 20  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Requesting State Legislation Requiring Compliance with the City Code related to Rental Residential Property Registration for Eviction Proceedings WHEREAS, the Schenectady City Code prohibits the owner of a rental unit to allow occupancy unless the rental unit has a valid rental certificate or a temporary rental certificate, which may be obtained through submission of an application and the unit passing a safety inspection to ensure code D compliance; and RA WHEREAS, enforcement of the provisions of the City’s rental registration requirements is challenging since it is difficult for the City’s code enforcement officers to determine when a residential FT unit is occupied by someone other than the owner; and WHEREAS, many times, tenants of rental units may withhold rent to get their landlords to remediate unsafe conditions. This may lead to landlords seeking eviction in court; and WHEREAS, to better protect renters by ensuring their housing is safe through more effective enforce the rental certificate provisions of the City Code, the City is seeking enactment of state legislation requiring lessors seeking to evict tenants from premises to allege proof of compliance with a local law requiring the registration of the premises as a condition of legal rental; and WHEREAS, state legislation similar to that found in New York State Real Property Actions and Proceedings Law Section 741, which applies to the City of Albany, will support compliance with the City Code for landlord registration and rental certificates, thus better protecting tenants from unsafe and unhealthy living conditions: 21  NOW, THEREFORE BE IT, RESOLVED, the Schenectady City Council and the Mayor, Gary R. McCarthy, request that New York State pass legislation to require that lessors seeking eviction of tenants allege in their petitions proof of compliance with the City of Schenectady’s local law requiring registration of the premises from which eviction is sought as a condition of legal rental. Approved as to form this 10th day of April, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel DRA FT 22  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Confirming the Re-Appointments of Father Dominic Isopo, Lawrence Dahlke, and Lawrence DeAngelus and Confirming the Appointment of Michael Dalton to the City of Schenectady Board of Ethics WHEREAS, §48-4 of the Code of the City of Schenectady governs the Board of Ethics D of the City; and WHEREAS, pursuant to said section, the Board shall be composed of five (5) members, RA with one term to expire each year: NOW, THEREFORE BE IT, RESOLVED, that the City Council hereby confirms the re-appointments of Father FT Dominic Isopo, Lawrence Dahlke, Esq., and Lawrence DeAngelus, Esq and confirms the appointment of Michael Dalton to terms on the Board of Ethics as follows: Appointee: Expiration of Term: Father Dominic Isopo February 28, 2028 Lawrence Dahlke, Esq. February 28, 2027 Lawrence DeAngelus, Esq. February 28, 2026 Michael Dalton February 28, 2025 Approved as to form this 10th day of April, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 1 23  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Approving the Increase of Schenectady Municipal Golf Course Rates for Golf Cart Use WHEREAS, the City Council may set rates and fees charged for use the municipal golf course by resolution, as authorized by Schenectady City Code §165-3(A); and D WHEREAS, the Finance Committee and the Golf Professional recommended that the RA attached revised gold cart fees and rate increased are within the typical range for 18-hole golf courses in the Capital Region: NOW, THEREFORE BE IT, FT RESOLVED, the rates and fees charged for the use of golf carts at the municipal golf course shall be set as stated in the attached document, which is incorporated by reference. Approved as to form this 10th day of April, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 24  D 25 34 RA FT  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Mayor, or His Designee to Enter into Supplemental Agreement #3 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 Replacement of Kings Road Bridge over CSX, NYSDOT PIN 1758.95 WHEREAS, a Project BIN 2203130, Bridge Reconstruction Project, Kings Road over CSX/Amtrak, City of Schenectady, Schenectady County, P.I.N. 1758.95 (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 D share of the costs of Design and ROW Incidentals and Acquisition NOW, THEREFORE, the City Council duly convened does hereby RA 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 the federal and non-federal share of the cost of Design and ROW Incidentals and Acquisition work for the Project or portions thereof; and it is further FT RESOLVED, that the sum of $596,011.00 has previously been appropriated from the Capital Budget Code IA517083-201 and made available to cover the cost of participation in the above phases of the Project; and it is further RESOLVED, that the additional sum of $87,000.00 has hereby appropriated from the Capital Budget Code IA517083-201 and made available to cover the cost of participation in the above phases of the Project; and it is further 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, 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 10th day of April, 2023. __________________________ Andrew Koldin, Esq. Corporation Counsel 26 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 27  D 28 RA FT  D 29 RA FT  D 30 RA FT  D 31 RA FT  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Awarding the Bid and Contract for “Crack Sealing of City Streets 2023” to Sealcoat USA, Inc. in the Amount of $157,380.00 WHEREAS, sealing the cracks and joints of City streets prevents water and subsequently ice from entering the asphalt and accelerating the degradation of the roadway; and D WHEREAS, while City crews can perform this task with in-house equipment, it is more efficient for the City to contract out mainline roads which require more advanced maintenance RA and protection of traffic patterns such as Erie Boulevard, State Street and Broadway and focus City personnel on secondary roads; and WHEREAS, the Purchasing Department solicited and received bids for the “Crack Sealing of the City Streets 2022, and a low bid was received on March 16, 2023 from Sealcoat FT USA, Inc. of Yonkers, NY in the amount of $157,380.00: NOW THEREFORE BE IT, RESOLVED, that this Council, acting as a Board of Contract and Supply under Section C5-9 of the City Charter authorizes the City to enter into an agreement with Sealcoat USA, Inc. for “Crack Sealing of the City Streets 2023” in the amount of $157,380.00, the terms of which shall be set by the Corporation Counsel. Approved as to form this 10th day of April 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 32  D 33 RA FT  D 34 RA FT