City Council

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, June 26, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 01 Council Member A RESOLUTION Authorizing the City to Enter into a Contract with CARES of NY, Inc. for Implementation of the HOME-ARP Allocation Plan Votes Required 4 ORIGINAL CONSIDERATION 02 Council Member A RESOLUTION Pursuant to General City Law ss81-a Requiring All Administrative Zoning Decisions of the Administrative Officials Charged with the Enforcement of Zoning be Filed in the Office of the City Clerk Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLUTION Authorizing the Sale of 2180 Desmond Avenue for $2,000.00 Votes Required 4 ORIGINAL CONSIDERATION 04 Council Member A RESOLUTION Authoizing the Settlement of a Claim by Walter G. Fritz Votes Required 4 ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Authorizing Settlement of a Claim by Christopher Huggins Votes Required 4 1 Friday, June 23, 2023 Page 1 of 2  Monday, June 26, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Authorizing the Settlement of a Lawsuit by William Hopkins Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member 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 Votes Required 4 CONTRACT & SUPPLY 08 Council Member A RESOLUTION Authorizing an Agreement for "Hot-in-Place Asphalt Recycling" Pursuant to the County-Wide Bid to Highway Rehabilitation Corporation Votes Required 4 2 Friday, June 23, 2023 Page 2 of 2  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the City to Enter into a Contract with CARES of NY, Inc. for Implementation of the HOME-ARP Allocation Plan WHEREAS, through the Schenectady HOMES Consortium, the City of Schenectady, the City of Troy, and the Town of Colonie are eligible for $3,832,771 of HOME Investment Partnership Program (HOME) funding for Participating Jurisdictions to assist individuals or households who are homeless or at risk of homelessness, and other vulnerable populations; and D WHEREAS, CARES of NY, Inc. conducted a needs assessment to determine the highest priorities and best use of the funds; and RA WHEREAS, the needs assessment provides an analysis of homelessness, risks of homelessness, and risks to other vulnerable populations in all three municipalities, as well as recommendations for coordinated efforts to combat homelessness across the consortium; and FT WHEREAS, the City seeks to enter into a agreement with CARES of NY, Inc. to administer the implementation of the HOME-American Rescue Plan (ARP) allocation plan for a not-to-exceed amount of $413,938 of the HOME ARP funding: NOW, THEREFORE BE IT, RESOLVED, that the City Council authorizes the Mayor to enter into an agreement with CARES of NY, Inc. to administer the implementation of the HOME-ARP allocation plan for a not-to- exceed amount of $413,938 of HOME ARP funding, the terms of said agreement to be set by the Corporation Counsel; and be it further RESOLVED, that the City Council authorizes the Mayor or his designee to execute all necessary agreements to effectuate this resolution, the terms of said agreements to be set by the Corporation Counsel. Approved as to form this 26th day of June, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 3  City of Schenectady, New York RESOLUTION No.: Councilmember offered the following: A Resolution Pursuant to General City Law § 81-a Requiring All Administrative Zoning Decisions of the Administrative Officials Charged with the Enforcement of Zoning Be Filed in the Office of the City Clerk WHEREAS, General City Law § 81-a provides that each order, requirement, decision, interpretation or determination (hereinafter “zoning determinations”) of an administrative official charged with the enforcement of the zoning local law or ordinance shall be filed in the office of such administrative official within five business days from the day it is rendered; and D WHEREAS, General City Law § 81-a further provides that, upon resolution of the City RA Council, the zoning determinations of an administrative official charged with the enforcement of the zoning local law or ordinance may instead be filed with the Office of the City Clerk; and WHEREAS, for record keeping and compliance purposes, the City Council is desirous of requiring such zoning determinations be filed in the Office of the City Clerk: FT NOW, THEREFORE BE IT, RESOLVED that any zoning determination of any administrative official charged with the enforcement of the City of Schenectady Zoning Ordinance be filed in the office of the City Clerk pursuant to General City Law § 81-a; and BE IT FURTHER RESOLVED that a copy of such zoning determination, bearing the filing time stamp from the City Clerk, also be filed in Municity, or any interdepartmental database or software which may be dedicated to that purpose in the future. Approved as to form this 26th day of June, 2023. ____________________________ Andrew B. Koldin , Esq. Corporation Counsel 4  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 2180 Desmond Avenue for $2,000 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL 40.30-1-43; and WHEREAS, there is no municipal use for the property: NOW, THEREFORE BE IT, D RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the RA title of parcel numbered SBL # 40.30-1-43 to Satnam Dass and/or assign for the sum of Two Thousand Dollars ($2,000.00); and be it further RESOLVED, that the terms of the contract for sale shall contain a clause requiring that applications for necessary permits and approvals from the City of Schenectady be submitted to the FT applicable City departments for the construction of the property within thirty days of the purchase, and that total rehabilitation of the property, requiring compliance with the State Building Code and securing appropriate building permits with necessary inspections be completed within twenty-four months of purchase, as well as any other terms deemed necessary by the Corporation Counsel. Approved as to form this 26th day of June, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 5  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Walter G. Fritz WHEREAS, Walter G. Fritz filed a claim (2023-010) with the City of Schenectady; 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: RA NOW, THEREFORE BE IT, RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement with Walter G. Fritz to settle the claim for $3,354.83, the terms of which shall be set by the Corporation Counsel. FT Approved as to form this 26th day of June, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 6  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Christopher Huggins WHEREAS, Christopher Huggins filed a claim (2021-074) with the City of Schenectady; 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: RA NOW, THEREFORE BE IT, RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement with Christopher Huggins to settle the claim for $30,000.00, the terms of which shall be set by the FT Corporation Counsel. Approved as to form this 26th day of June, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 7  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Lawsuit by William Hopkins WHEREAS, William Hopkins commenced an action in federal court (Civil Case No. 1:20-cv- 618); 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: RA NOW, THEREFORE BE IT, RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement with William Hopkins to settle the claim for $275,000.00, the terms of which shall be set by the FT Corporation Counsel. Approved as to form this 26th day of June, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 8  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 D non-federal 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 $683,011.00 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 $7,370,306.00 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 26th day of June, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 9 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 10  D 11 RA FT  D 12 RA FT  D 13 RA FT  D 14 RA FT  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing an Agreement for “Hot-in-Place Asphalt Recycling” Pursuant to the County-Wide Bid to Highway Rehabilitation Corporation WHEREAS, Subdivision 3 of section 103 of the General Municipal Law provides that the purchase of materials, equipment and supplies, when available through county contracts extended to political subdivisions in the county under County Law, §408-a(2), are exempt from the competitive bidding requirements of General Municipal Law, §103(1); and D WHEREAS, the City is undertaking street rehabilitation and desires to maximize the scope of its paving program; and RA WHEREAS, Schenectady County Department of Engineering and Public Works solicited and issued uniform bids for “Hot-in-Place Recycling” available for County projects and municipal projects within the County; and WHEREAS, the lowest responsible bid was received from Highway Rehabilitation Corporation of FT Brewster, New York; and WHEREAS, the funding for this work is to be charged to the Capital Budget Code that will be designated for the CHIPs fund; NOW BE IT THEREFORE RESOLVED, that the Schenectady City Council, acting as a Board of Contract and Supply under Section C5-9 of the City Charter, confirms and ratifies issuance of an agreement to Highway Rehabilitation Corporation for “Hot In-Place Asphalt Recycling”; and be it further RESOLVED, that the Mayor, or his designee, is authorized to enter into an agreement with Highway Rehabilitation Corporation for “Hot-in-Place Asphalt Recycling” at the prices bid by Highway Rehabilitation Corporation pursuant to the County-wide bid; and be it further RESOLVED, that the Commissioner of Finance and Administration is authorized to charge the cost and expense of this work to the Capital Budget that will be specifically designated for CHIPs. Approved as to form this 26th day of June, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 15  D 16 RA FT  D 17 RA FT  D 18 RA FT  D 19 RA FT  D 20 RA FT  D 21 RA FT  D 22 RA FT  D 23 RA FT  D 24 RA FT  D 25 RA FT  D 26 RA FT  D 27 RA FT  D 28 RA FT  D 29 RA FT  D 30 RA FT  D 31 RA FT  D 32 RA FT  D 33 RA FT  D 34 RA FT  D 35 RA FT  D 36 RA FT  D 37 RA FT  D 38 RA FT  D 39 RA FT  D 40 RA FT  D 41 RA FT  D 42 RA FT  D 43 RA FT  D 44 RA FT  D 45 RA FT  D 46 RA FT  D 47 RA FT  D 48 RA FT  D 49 RA FT  D 50 RA FT  D 51 RA FT  D 52 RA FT  D 53 RA FT  D 54 RA FT  D 55 RA FT  D 56 RA FT  D 57 RA FT