City Council

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, July 10, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 01 Council Member A RESOLUTION Determining that the Washington Avenue Pump Station Resiliency Project and the Water Resource Recovery Facility Resiliency Project are Type II Actions, Pursuant to 6 NYCRR 617.5, and Not Subject to Review Under SEQR Votes Required 4 ORIGINAL CONSIDERATION 02 Council Member AN ORDINANCE Dated July 10, 2023, Authorizing the Issuance of $9,842,271 Aggregate Principal Amount of Serial Bonds of the City of Schenectady, New York, Pursuant to the Local Finance Law to Finance Construction and Reconstruction of Improvements to the Water Resource Recovery Facility in the City of Schenectdy, at an Estimated Maximum Cost not to Exceed $49,842,271, Levy of Tax in Annual Installments in Payment Thereof, the Expenditure of Such Sum for Such Purpose and Determining Other Matters in Connection Therewith Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member AN ORDINANCE Authorizing a Second Supplemental Bond Ordinance Dated July 10, 2023 Authorizing an Increase in the Cost of the Construction of a New North Ferry Street Pump Station by $1,223,514, the Expenditure of Such Sum for the Purpose, and Determining Other Matters in Connection Therewith Votes Required 4 1 Friday, July 07, 2023 Page 1 of 3  Monday, July 10, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 04 Council Member AN ORDINANCE Dated July 10, 2023, Authorizing the Issuance of $11,624,114 Aggregate Principal Amount Serial Bonds of the City of Schenectady, New York, Pursuant to the Local Finance Law to Finance Construction and Reconstruction of Improvements to the Washington Avenue Pump Station in the City of Schenectady, at an Estimated Maximum Cost Not to Exceed $11,624,114 Levy of Tax in Annual Installments in Payment Thereof, the Expenditure of Such Sum for Such Purpose and Determining other Matters in Connection Therewith Votes Required 4 ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Authorizing a 2023 Budget Reallocation Related to an Agreement between City of Schenectady and the Police Benevolent Association Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Authorizing the Mayor, or his Designee, to Enter into an Agreement 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 Craig Street Pavement and Bridge Rehabilitation Project, Albany Street to Wylie Street, NYSDOT PIN 1761.69 Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Endorsing the Schenectady Inner City Ministry's Application to the New York State Department of Environmental Conservation for the "Southern Pine Community Recovery Program" Grant Votes Required 4 2 Friday, July 07, 2023 Page 2 of 3  Monday, July 10, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 08 Council Member A RESOLUTION Authorizing the Issuance of Revocable Permit No. 676 to Destin Charter Prep School for a Sign that Will Overhang the City's Right-of-Way at 530 Franklin Street Votes Required 4 ORIGINAL CONSIDERATION 09 Council Member A RESOLUTION Authorizing the Sale of a Vacant Lot at 118 Victory Avenue for $1,500 Votes Required 4 ORIGINAL CONSIDERATION 10 Council Member A RESOLUTION Authorizing the Sale of a Vacant Lot at 815 Bridge Street for $2,000 Votes Required 4 CONTRACT & SUPPLY 11 Council Member A RESOLUTION Authorizing the Award of Contracts for the "Rice Road Fluoridation Improvement Project" Votes Required 4 CONTRACT & SUPPLY 12 Council Member A RESOLUTION Authorizing the Issuance of a Purchase Order for Sodium Hypochlorite - 2023 Votes Required 4 3 Friday, July 07, 2023 Page 3 of 3  EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF SCHENECTADY ADOPTING A RESOLUTION At a meeting of the City Council of the City of Schenectady, New York, duly held in Schenectady, New York on the 10th day of July, 2023. Present: Absent: Also Present: ________________ presented the Resolution and it was seconded by _______________: DRA RESOLUTION NO. 2023-___ A RESOLUTION DETERMINING THAT THE WASHING AVENUE PUMP STATION RESILIENCY PROJECT AND THE WATER RESOURCE RECOVERY FACILITY RESILIENCY PROJECT ARE TYPE II ACTIONS, PURSUANT TO 6 NYCRR 617.5, AND NOT SUBJECT TO FT REVIEW UNDER SEQR WHEREAS, the City Council of the City of Schenectady (the “City Council” and the “City”, respectively) is considering undertaking a project consisting of the adaptive actions outlined in the Mohawk River Inflow Reduction & Resiliency Program Preliminary Engineering Report, which includes proposed 2024 CWSRF Intended Use Plan Listings for the Washington Avenue Pump Station Resiliency Project and the Water Resource Recovery Facility Resiliency Project; and WHEREAS, the City Council wishes to fully comply with its obligations under the State Environmental Quality Review Act (“SEQRA”) and the regulations thereunder with respect to the proposed action; and WHEREAS, the City Council has carefully considered the nature and scope of the proposed action; and WHEREAS, upon review of the foregoing, the City Council makes the following determinations: 1. The proposed action involves those items listed on Schedule A attached hereto 4 and made a part hereof; 2. The proposed action represents “maintenance or repair involving no substantial changes in an existing structure or facility” as referenced in 6 NYCRR §617.5(c)(1); “replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds the thresholds of 6 NYCRR § Section 617.4 of this Part, as referenced in 6 NYCRR §617.5(c)(2); and/or “street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities” as referenced in 6 NYCRR §617.5(c)(6). 3. The proposed action will in no case have a significant adverse impact based on the environment based on the criteria contained in 6 NYCRR § 617.5(c)(1), (c)(2) and/or (c)(6), and is not otherwise a Type I action as defined by 6 NYCRR § 617.4. 4. The proposed action is a Type II action within the meaning of 6 NYCRR 617.5 and is therefore not subject to review under SEQRA and the regulations thereunder. D NOW THEREFORE BE IT RESOLVED, that the City Council finds and concludes that the proposed action is a Type II action within the meaning of 6 NYCRR 617.5 and therefore is RA not subject to review under SEQRA and the regulations thereunder. The vote on the foregoing Resolution was as follows: AYES NAYS ABSTAIN FT 5 STATE OF NEW YORK ) ) SS.: COUNTY OF SCHENECTADY ) I, the undersigned Clerk of the City of Schenectady, do hereby certify as follows: 1. A Regular Meeting of the City Council of the City of Schenectady, State of New York, was duly held on July 10, 2023, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the Minutes of meetings of said Council. I have compared the attached Extract with said Minutes so recorded and said Extract is a true copy of said Minutes and of the whole thereof insofar as said Minutes relate to matters referred to in said Extract. 2. Said Minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Council who attended said meeting. D 3. Public Notice of the time and place of said meeting was duly given to the public and the news media in accordance with Article 7 of the Public Officers Law (the “Open Meetings Law”) and that the members of said Council had due notice of said meeting and that RA the meeting was in all respects duly held and a quorum was present and acted throughout. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the City of Schenectady this ____ day of July, 2023. [SEAL] FT ____________________________________ City Clerk 6  SCHEDULE A DRA FT 7  EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF SCHENECTADY ADOPTING A BOND ORDINANCE At a meeting of the City Council of the City of Schenectady, New York, duly held in Schenectady, New York on the 10th day of July, 2023. Present: Absent: Also Present: D ________________ presented the Ordinance and it was seconded by _______________: ORDINANCE NO. 2023-___ RABOND ORDINANCE, DATED JULY 10, 2023, AUTHORIZING THE ISSUANCE OF $9,842,271 AGGREGATE PRINCIPAL AMOUNT OF SERIAL BONDS OF THE CITY OF SCHENECTADY, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW TO FT FINANCE CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE WATER RESOURCE RECOVERY FACILITY IN THE CITY OF SCHENECTADY, AT AN ESTIMATED MAXIMUM COST NOT TO EXCEED $9,842,271, LEVY OF TAX IN ANNUAL INSTALLMENTS IN PAYMENT THEREOF, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schenectady (the “City Council” and the “City”, respectively), hereby determines that it is in the public interest of the City to authorize the financing of the Purpose as defined in Section 3 hereof by the issuance of bonds and notes in an aggregate amount not to exceed $9,842,271, including costs of issuance, and WHEREAS, the City Council has not taken any action or adopted any local law which would require the effectiveness of this Ordinance be subjected to a permissive or mandatory referendum; and WHEREAS, the City Council, by resolution adopted on the date hereof, determined that the Purpose as defined in Section 3 hereof is a Type II Action pursuant to the State Environmental 26604146 8 Quality Review Act, the implementation of which as proposed has been determined not to have a significant effect on the environment; NOW THEREFORE BE IT RESOLVED BY THIS CITY COUNCIL AS FOLLOWS: Section 1. The City is hereby authorized to construct and reconstruct improvements to the City’s water resource recovery facility at a maximum estimate cost of not to exceed $9,842,271, as more particularly described in Section 3 hereof. Section 2. There is hereby authorized to be issued serial general obligation bonds (the “Bonds”) of the City in the aggregate principal amount of not to exceed $9,842,271 pursuant to the Local Finance Law, in order to finance the classes of objects or purposes, or specific objects or purposes, including costs of issuance, as more particularly described in Section 3 hereof. Section 3. The class of objects or purposes to be financed pursuant to this Ordinance is the construction, reconstruction and installation of improvements at and in connection with the City’s water resource recovery facility, acquisition of furnishings, equipment, machinery or apparatus D required for the purposes for which the facility is to be used and payment of incidental costs related thereto, including costs of issuance (collectively, the “Purpose”). RA Section 4. It is hereby determined that the Purpose is one of the class of objects or purposes described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is forty (40) years. Section 5. It is hereby determined and declared that (a) the estimated maximum cost of the FT Purpose is $9,842,271; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Purpose; and (c) the City Council plans to finance the costs of the Purpose from funds raised by the issuance of obligations authorized herein and the proceeds of grants received from the State of New York. Section 6. Subject to the terms and conditions of this Ordinance and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Ordinance and the renewal of such bond anticipation notes, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, including renewals thereof, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, including renewals thereof, is hereby delegated to the Commissioner of Finance of the City, as chief fiscal officer of the City. Such power shall include the power to consolidate the obligations authorized herein with other obligations of the City and to authorize the use of substantially level or declining debt service in accordance with the provisions of Section 21 of the Local Finance Law. The Commissioner of Finance is hereby authorized to execute on behalf of the City all serial bonds, issued pursuant to this Ordinance and all bond anticipation notes, including renewals thereof, issued in anticipation of the issuance of such serial bonds, and the City Clerk is hereby authorized to affix the seal of the City to all such serial bonds and all such bond anticipation notes, including renewals thereof, and to attest such seal. In the absence of the Commissioner of Finance, the Deputy Commissioner of Finance is 26604146 9 hereby authorized to exercise the powers delegated to the Commissioner of Finance by this Ordinance. Section 7. This Ordinance shall constitute the declaration of the City’s “official intent” to reimburse expenditures with proceeds of the Bonds and notes, as required by United States Treasury Regulation Section 1.150-2. Except as otherwise permitted by United States Treasury Regulation Section 1.150-2, the City will not use proceeds of the Bonds or notes to reimburse itself for prior expenditures for the Purpose unless: (1) the original expenditure was made not more than 60 days prior to the adoption of this Ordinance, (2) the reimbursement will be made within three years after the later of the date the original expenditure was paid or the date the Purpose is placed in service or abandoned. Section 8. The City Clerk of the City shall cause a summary of this Ordinance to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Daily Gazette , a newspaper having a general circulation in the City. The validity of the Bonds authorized by this Ordinance and of bond anticipation notes issued in anticipation of the sale of such Bonds may be contested only if such obligations are authorized for D an object or purpose for which the City is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity is RA commenced within twenty (20) days after the date of such publication, or such obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 9. The faith and credit of the City are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued FT pursuant to this Ordinance as the same shall become due. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall be levied annually on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 10. The City intends to issue the obligations authorized by this Ordinance to finance the costs of the purposes described in Section 3 hereof. The City covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations, or any other funds of the City, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) or subject the City to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code or subject the City to any penalties under Section 148 of the Code. Section 11. For the benefit of the holders and beneficial owners from time to time of the obligations authorized pursuant to this ordinance (the “obligations”), the City agrees, in 26604146 10 accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. Section 12. In connection with the financing of the Purpose, the City is hereby authorized to participate in the Clean Water State Revolving Fund program (the “CWSRF Program”) administered by the New York State Environmental Facilities Corporation. The City is hereby further authorized to apply for any other federal or New York State grants that may be available to finance the costs of the Purpose (collectively, the “Grants”). The Comptroller of the City is hereby authorized to execute and deliver such documents as may be necessary to effect the participation of the City in such CWSRF Program and to apply for and receive any Grants. Section 13. This Ordinance shall take effect immediately upon its adoption by the City Council of the City. AYES NAYS ABSENT DRA FT 26604146 11 STATE OF NEW YORK ) ) SS.: COUNTY OF SCHENECTADY ) I, the undersigned Clerk of the City of Schenectady, do hereby certify as follows: 1. A Regular Meeting of the City Council of the City of Schenectady, State of New York, was duly held on July 10, 2023, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the Minutes of meetings of said Council. I have compared the attached Extract with said Minutes so recorded and said Extract is a true copy of said Minutes and of the whole thereof insofar as said Minutes relate to matters referred to in said Extract. 2. Said Minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Council who attended said meeting. 3. Public Notice of the time and place of said meeting was duly given to the public D and the news media in accordance with Article 7 of the Public Officers Law (the “Open Meetings Law”) and that the members of said Council had due notice of said meeting and that the meeting was in all respects duly held and a quorum was present and acted throughout. RA IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the City of Schenectady this ____ day of July, 2023. FT ____________________________________ City Clerk [SEAL] 26604146 12  LEGAL NOTICE The bond ordinance, a summary of which is published herewith, has been adopted on the 10th day of July, 2023, and the validity of the obligations authorized by such ordinance may be hereafter contested only if such obligations were authorized for an object or purpose for which the City of Schenectady is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. City Clerk BOND ORDINANCE, DATED JULY 10, 2023 AUTHORIZING THE ISSUANCE OF $9,842,271 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE CITY OF SCHENECTADY, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE D CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE WATER RESOURCE RECOVERY FACILITY IN THE CITY OF SCHENECTADY, AT AN RA ESTIMATED MAXIMUM COST NOT TO EXCEED $9,842,271, LEVY OF TAX IN ANNUAL INSTALLMENTS IN PAYMENT THEREOF, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH FT Class of objects or purposes: construction, reconstruction and installation improvements at and in connection with the City’s water resource recovery facility, acquisition of furnishings, equipment, machinery or apparatus required for the purposes for which such facility is to be used and payment of of incidental costs related thereto, including costs of issuance Maximum Estimated Cost: $9,842,271 Period of probable usefulness: Forty (40) years Amount of obligations to be issued: $9,842,271 26604146 13  EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF SCHENECTADY ADOPTING A SECOND SUPPLEMENTAL BOND ORDINANCE At a meeting of the City Council of the City of Schenectady, New York, duly held in Schenectady, New York on the 10th day of July, 2023. Present: Absent: Also Present: DRA ________________ presented the Ordinance and it was seconded by _______________: ORDINANCE NO. 2023-___ SECOND SUPPLEMENTAL BOND ORDINANCE DATED JULY 10, FT 2023 AUTHORIZING AN INCREASE IN THE COST OF THE CONSTRUCTION OF A NEW NORTH FERRY STREET PUMP STATION BY $1,223,514, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, pursuant to a bond ordinance duly adopted on August 27, 2018 (the “Original Bond Ordinance”), the City Council of the City of Schenectady (the “City Council” and “City”, respectively) authorized the construction of a new North Ferry Street Pump Station (the “Purpose”), at a maximum cost of $16,000,000 and the issuance of not to exceed $16,000,000 of bonds and bond anticipation notes of the City to finance the costs of the Purpose; and WHEREAS, pursuant to a supplemental bond ordinance adopted by the City Council on September 9, 2019 (the “Supplemental Bond Ordinance”), the City authorized the issuance of an additional not to exceed amount of $8,000,000 of bonds and notes, and approved increasing the cost of the Purpose to an aggregate maximum estimated cost of $24,000,000; and WHEREAS, the City Council of the City has determined that the cost of the Purpose has increased by $1,223,514 to a maximum cost of $25,223,514; and WHEREAS, the City Council of the City desires to approve the increase in the maximum cost of the Purpose; and 26602291 14  WHEREAS, the Purpose is being undertaken pursuant to an Order on Consent (File No. R4-2012-1218-117) dated May 15, 2014 between the City and the New York State Department of Environmental Conservation, the Purpose is therefore considered a Type II SEQR Action pursuant to 6 NYCRR 617.5(c)(29) (“civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion”), the Purpose can proceed as a Type II Action and no further review under 6 NYCRR 617 (SEQR Regulations) is required; and WHEREAS, the City Council has not taken any action or adopted any local law which would require the effectiveness of this supplemental bond ordinance be subjected to a permissive or mandatory referendum; NOW THEREFORE BE IT RESOLVED BY THIS CITY COUNCIL AS FOLLOWS: Section 1. The City Council hereby authorizes an increase in the maximum cost of the Purpose by $1,223,514 to a maximum cost of $25,223,514, and the expenditure of an additional D $1,223,514 to finance the cost of the Purpose. Section 2. Other than is provided in Section 1 of this supplemental bond ordinance, the RA terms of the Original Bond Ordinance and the Supplemental Bond Ordinance shall remain in full force and effect. Section 3. This supplemental bond ordinance shall take effect immediately upon its adoption by the City Council of the City. FT AYES NAYS ABSENT 26602291 15 STATE OF NEW YORK ) ) SS.: COUNTY OF SCHENECTADY ) I, the undersigned Clerk of the City of Schenectady, do hereby certify as follows: 1. A Regular Meeting of the City Council of the City of Schenectady, State of New York, was duly held on July 10, 2023, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the Minutes of meetings of said Council. I have compared the attached Extract with said Minutes so recorded and said Extract is a true copy of said Minutes and of the whole thereof insofar as said Minutes relate to matters referred to in said Extract. 2. Said Minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Council who attended said meeting. D 3. Public Notice of the time and place of said meeting was duly given to the public and the news media in accordance with Article 7 of the Public Officers Law (the “Open Meetings Law”), and that the members of said Council had due notice of said meeting and that the meeting RA was in all respects duly held and a quorum was present and acted throughout. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the City of Schenectady this ____ day of July, 2023. [SEAL] FT ____________________________________ City Clerk 26602291 16  EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF SCHENECTADY ADOPTING A BOND ORDINANCE At a meeting of the City Council of the City of Schenectady, New York, duly held in Schenectady, New York on the 10th day of July, 2023. Present: Absent: Also Present: D ________________ presented the Ordinance and it was seconded by _______________: RA ORDINANCE NO. 2023-___ BOND ORDINANCE, DATED JULY 10, 2023 AUTHORIZING THE ISSUANCE OF $11,624,114 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE CITY OF SCHENECTADY, NEW YORK, FT PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE WASHINGTON AVENUE PUMP STATION IN THE CITY OF SCHENECTADY, AT AN ESTIMATED MAXIMUM COST NOT TO EXCEED $11,624,114, LEVY OF TAX IN ANNUAL INSTALLMENTS IN PAYMENT THEREOF, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schenectady (the “City Council” and the “City”, respectively), hereby determines that it is in the public interest of the City to authorize the financing of the Purpose as defined in Section 3 hereof by the issuance of bonds and notes in an aggregate amount not to exceed $11,624,114, including costs of issuance; and WHEREAS, the City Council has not taken any action or adopted any local law which would require the effectiveness of this Ordinance be subjected to a permissive or mandatory referendum; and WHEREAS, the City Council, by resolution adopted on the date hereof, determined that the Purpose as defined in Section 3 hereof is a Type II Action pursuant to the State Environmental 26602857 17 Quality Review Act, the implementation of which as proposed has been determined not to have a significant effect on the environment; NOW THEREFORE BE IT RESOLVED BY THIS COUNCIL AS FOLLOWS: Section 1. The City is hereby authorized to construct and reconstruct improvements to the City’s water resource recovery facility at a maximum estimate cost of not to exceed $9,842,271, as more particularly described in Section 3 hereof. Section 2. The City is hereby authorized to issue its serial general obligation bonds (the “Bonds”) in the aggregate principal amount of not to exceed $11,624,114 pursuant to the Local Finance Law, in order to finance the classes of objects or purposes, or specific objects or purposes, including costs of issuance, as more particularly described in Section 3 hereof. Section 3. The class of objects or purposes to be financed pursuant to this Ordinance is the construction, reconstruction and installation of improvements at and in connection with the City’s D Washington Avenue pump station, acquisition of furnishings, equipment, machinery or apparatus required for which such pump station is to be used and payment of incidental costs related thereto, including costs of issuance (collectively, the “Purpose”). RA Section 4. It is hereby determined that the Purpose is one of the class of objects or purposes described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is forty (40) years. FT Section 5. It is hereby determined and declared that (a) the estimated maximum cost of the Purpose is $11,624,114; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Purpose; and (c) the City Council plans to finance the costs of the Purpose from funds raised by the issuance of obligations authorized herein to and the expenditure of the proceeds of grants received from the State of New York. Section 6. Subject to the terms and conditions of this Ordinance and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Ordinance and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, including renewals thereof, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, including renewals thereof, is hereby delegated to the Commissioner of Finance of the City, as chief fiscal officer of the City. Such power shall include the power to consolidate the obligations authorized herein with other obligations of the City and to authorize the use of substantially level or declining debt service in accordance with the provisions of Section 21 of the Local Finance Law. The Commissioner of Finance is hereby authorized to execute on behalf of the City all serial bonds issued pursuant to this Ordinance and all bond anticipation notes, including renewals thereof, issued in anticipation of the issuance of such serial bonds, and the City Clerk is hereby authorized to affix the seal of the City to all such serial bonds and all such bond anticipation notes, including renewals thereof, and to attest such seal. In the absence of the Commissioner of Finance, the Deputy Commissioner of Finance is 26602857 18 hereby authorized to exercise the powers delegated to the Commissioner of Finance by this Ordinance. Section 7. This Ordinance shall constitute the declaration of the City’s “official intent” to reimburse expenditures with proceeds of the Bonds and notes, as required by United States Treasury Regulation Section 1.150-2. Except as otherwise permitted by United States Treasury Regulation Section 1.150-2, the City will not use proceeds of the Bonds or notes to reimburse itself for prior expenditures for the Purpose unless: (1) the original expenditure was made not more than 60 days prior to the adoption of this Ordinance, (2) the reimbursement will be made within three years after the later of the date the original expenditure was paid or the date the Purpose is placed in service or abandoned. Section 8. The City Clerk of the City shall cause a summary of this Ordinance to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Daily Gazette , a newspaper having a general circulation in the City. The validity of the Bonds authorized by this Ordinance and of bond anticipation notes issued in D anticipation of the sale of such Bonds may be contested only if such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this Ordinance are not RA substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or such obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 9. The faith and credit of the City are hereby and shall be irrevocably pledged for FT the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Ordinance as the same shall become due. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall be levied annually on all taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 10. The City intends to issue the obligations authorized by this Ordinance to finance the costs of the Purpose. The City covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations, or any other funds of the City, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) or subject the City to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code or subject the City to any penalties under Section 148 of the Code. Section 11. For the benefit of the holders and beneficial owners from time to time of the obligations authorized pursuant to this Ordinance, the City agrees, in accordance with and as an 26602857 19 obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. Section 12. In connection with the financing of the Purpose, the City is hereby authorized to participate in the Clean Water State Revolving Fund program (the “CWSRF Program”) administered by the New York State Environmental Facilities Corporation. The City is hereby further authorized to apply for any other federal or New York State grants that may be available to finance the costs of the Purpose (collectively, the “Grants”). The Comptroller of the City is hereby authorized to execute and deliver such documents as may be necessary to effect the participation of the City in such CWSRF Program and to apply for and receive any Grants. Section 13. This Ordinance shall take effect immediately upon its adoption by the City Council of the City. D AYES NAYS ABSENT RA FT 26602857 20 STATE OF NEW YORK ) ) SS.: COUNTY OF SCHENECTADY ) I, the undersigned Clerk of the City of Schenectady, do hereby certify as follows: 1. A Regular Meeting of the City Council of the City of Schenectady, State of New York, was duly held on July 10, 2023, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the Minutes of meetings of said Council. I have compared the attached Extract with said Minutes so recorded and said Extract is a true copy of said Minutes and of the whole thereof insofar as said Minutes relate to matters referred to in said Extract. 2. Said Minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Council who attended said meeting. D 3. Public Notice of the time and place of said meeting was duly given to the public and the news media in accordance with Article 7 of the Public Officers Law (the “Open Meetings Law”) and that the members of said Council had due notice of said meeting and that the meeting RA was in all respects duly held and a quorum was present and acted throughout. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the City of Schenectady this ____ day of July, 2023. [SEAL] FT ____________________________________ City Clerk 26602857 21  LEGAL NOTICE The bond ordinance, a summary of which is published herewith, has been adopted on the 10th day of July, 2023, and the validity of the obligations authorized by such ordinance may be hereafter contested only if such obligations were authorized for an object or purpose for which the City of Schenectady is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. City Clerk BOND ORDINANCE, DATED JULY 10, 2023 AUTHORIZING THE ISSUANCE OF $11,624,114 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE CITY OF SCHENECTADY, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE D CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE WASHINGTON AVENUE PUMP STATION IN THE CITY OF SCHENECTADY, AT AN ESTIMATED RA MAXIMUM COST NOT TO EXCEED $11,624,114, LEVY OF TAX IN ANNUAL INSTALLMENTS IN PAYMENT THEREOF, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH FT Class of objects or purposes: construction, reconstruction and installation improvements at and in connection with the City’s Washington Avenue pump station, acquisition of of furnishings, equipment, machinery or apparatus required for the purposes for which such pump station is to be used and payment of incidental costs related thereto, including costs of issuance Maximum Estimated Cost: $11,624,114 Period of probable usefulness: Forty (40) years Amount of obligations to be issued: $11,624,114 26602857 22  City of Schenectady, New York RESOLUTION No.: Councilmember offered the following: A Resolution Authorizing a 2023 Budget Reallocation Related to an Agreement between City of Schenectady and the Police Benevolent Association WHEREAS, in March 2023, the City Council authorized a collective bargaining agreement with Schenectady Police Benevolent Association that contained a four percent (4%) raise and other financial increases; and WHEREAS, the City did not appropriate the increase of $1,050,457.06 to the 2023 D budget; and RA WHEREAS, in accordance with Governmental Accounting Standards, it is recommended that that the attached budget re-appropriation be approved using general fund reserves: NOW, THEREFORE BE IT, FT RESOLVED, that the City Council hereby authorizes this reallocation of the 2023 Budget as provided in the attachment hereto and made a part hereof. Approved as to form this 10th day of July, 2023. ____________________________ Andrew B. Koldin , Esq. Corporation Counsel 23  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Mayor, or His Designee to Enter into an Agreement 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 Craig Street Pavement and Bridge Rehabilitation Project, City of Schenectady, Albany Street to Wylie Street, NYSDOT 1761.69 WHEREAS, a Project Craig Street Pavement and Bridge Rehabilitation, City of Schenectady, Albany Street to Wyllie Street. P.I.N. 1761.69 (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: 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 work for the Project or portions thereof; and it is further FT RESOLVED, that the sum of $937,359.00 has been hereby appropriated from the Capital Budget Code IG317083-201 and made available to cover the cost of participation in the above phase(s) 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 July, 2023 __________________________ Andrew Koldin, Esq. Corporation Counsel 24 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 25  D 26 RA FT  D 27 RA FT  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Endorsing the Schenectady Inner City Ministry’s Application to the New York State Department of Environmental Conservation for the “Southern Pine Community Recovery Program” Grant WHEREAS, the Schenectady Inner City Ministry (d/b/a Schenectady Community Ministries) is applying to the New York State Department of Environmental Conservation for a D project grant under the Southern Pine Beetle Community Recovery Program to be located at The Fehr Avenue Farm, at the corner of Fehr Avenue and Central Park Road, a site within the territorial jurisdiction of the Council of the City of Schenectady; and RA WHEREAS, as a requirement of the program, the not-for-profit organization must obtain the endorsement of the governing body of the municipality in which the project will be located: NOW THEREFORE BE IT, FT RESOLVED, that the City Council of the City of Schenectady hereby approves and endorses the application of Schenectady Inner City Ministry for a grant under the Southern Pine Beetle Community Recovery Program for a project known as “Schenectady Community Compost Project” and located within the City of Schenectady. Approved as to form this 10th day of July 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 28  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Issuance of Revocable Permit No. 676 to Destin Charter Prep School for a Sign that Will Overhang the City’s Right-of Ray at 530 Franklin Street, Schenectady, N.Y WHEREAS, Destin Charter Prep School would like to install a sign that will overhang the City’s right-of-way at 530 Franklin Street, Schenectady, New York; and D WHEREAS, the City Engineer recommends the issuance of a permit for the signs; and RA WHEREAS, said revocable permit shall be subject to standard conditions that include, but are not limited to, the required indemnification of the City for any and all lawsuits stemming from the installation of these items, securing and maintaining liability and casualty insurance, and the maintenance of the encumbrance on City property; and FT WHEREAS, said permit shall be subject to revocation at the discretion of the City Engineer: NOW THEREFORE BE IT, RESOLVED, that the City Engineer is hereby authorized to issue Revocable Permit No. 676 to Destin Charter Prep School for a sign that will overhang the City’s right-of-way at 530 Franklin 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 10th day of July 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 29  D 30 RA FT  D 31 RA FT  D 32 RA FT  D 33 RA FT  D 34 RA FT  D 35 RA FT  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of a Vacant Lot at 118 Victory Avenue for $1,500.00 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 49.25-2-33; 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 # 49.25-2-33 to Savitri Singh and/or assign for the sum of One Thousand Five Hundred Dollars ($1,500.00); and be it further RESOLVED, that the terms of the contract for sale shall include a clause requiring the vacant lot be consolidated with adjoining property, as well as any other terms deemed necessary by the FT Corporation Counsel. Approved as to form this 10th day of July, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 36  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of a Vacant Lot at 815 Bridge Street for $2,000.00 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 49.39-2-26; 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 # 49.39-2-26 to 811 Bridge Sch LLC 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 include a clause requiring the vacant lot be consolidated with adjoining property, as well as any other terms deemed necessary by the FT Corporation Counsel. Approved as to form this 10th day of July, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 37  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO.: _______________ Councilmember offered the following: A Resolution Authorizing the Award of Contracts for the “Rice Road Fluoridation Improvement Project” WHEREAS, the City of Schenectady fluoridates its potable municipal drinking water and must update both the fluoride bulk storage and day buildings and equipment. Engineering specifications and drawings were created and the project was put out to bid for two (2) contracts: General (2G) and Electrical (2E); and D WHEREAS, the City solicited and received bids for the “Rice Road Fluoridation Improvement RA Project.” On June 21, 2023, a low base bid for contract 2G General Construction was received from W.M. Schultz Construction, Inc. in the total amount of $1,118,000.00 and a low base bid for contract 2E Electrical was received from O’Connell Electric Company in the total amount of $204,582.00. The City’s consulting project engineers, CHA Companies recommend award of the contracts to the above-named contractors: FT NOW, BE IT THEREFORE RESOLVED, that this Council, Acting as a Board of Contract and Supply under Section C5-9 of the City Charter, confirms and ratifies issuance of contracts with W.M. Schultz Construction, Inc. of Johnstown, NY for 2G (General) in the amount of $1,118,000.00 and O’Connell Electric Company of Victor, NY for 2E (Electrical) in the amount of $204,582.00; and be it further RESOLVED, that the Mayor or his designee is authorized execute the contracts identified hereinabove, the terms of which shall be set by the Corporation Counsel. Approved as to form this 10th day of July, 2023. ___________________________ Andrew B. Koldin, Esq Corporation Counsel 38  D 39 RA FT  D 40 RA FT  D 41 RA FT  D 42 RA FT  D 43 RA FT  D 44 RA FT  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO.: _______________ Councilmember offered the following: A Resolution Authorizing the Issue of a Purchase Order for Sodium Hypochlorite - 2023 WHEREAS, each year the City of Schenectady issues a bid for sodium hypochlorite for restocking its inventory of this chemical. This chemical is used in the treatment of City D wastewater; and RA WHEREAS, the City solicited requests for bids for the cost of approximately 45,000 gallons of sodium hypochlorite WHEREAS, on June 21, 2023, a low bid was received from JCI Jones Chemicals, Inc. in the amount $2.04 per gallon (or $91,800.00 for the estimated 45,000 gallons) for the third quarter FT with an adjustment of 5% for the fourth quarter. Funds for the purchase of Sodium Hypochlorite will be charged to the 2023 Operating Budget Code G8130 – 409: NOW, BE IT THEREFORE RESOLVED, that this Council, Acting as a Board of Contract and Supply under Section C5-9 of the City Charter, confirms and ratifies issuance of a Purchase Order of sodium hypochlorite to JCI Jones Chemicals, Inc of Sarasota FL in the amount of $2.04 per gallon for the third quarter 2023 and a five (5%) increase in the price per gallon for the fourth quarter 2023; and be it further RESOLVED, that the Director of Finance and Administration is authorized to charge the cost for the gallons purchased to the 2023 Operating Budget Code G8130-409. Approved as to form this 10th day of July, 2023. ____________________________ Andrew Koldin, Esq. Corporation Counsel 45  D 46 RA FT  D 47 RA FT  D 48 RA FT