City Council

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, August 14, 2023 Room 209 7:00 p.m. PUBLIC HEARING 001 Establishing a Six (6) Month Moratorium on the Submission and Processing of Building Permits, Certificates of Occupancy, Certificates of Use and Land Use Approvals for "Smoke Shops, Vape Shops, and Tobacco or Vape Consumption Businesses" within the City of Schenectady 4 FINAL CONSIDERATION 01 Council Member AN ORDINANCE Pursuant to Section 101 of the Second Class Cities Law Abandoning a Portion of Larch Street Votes Required 4 ORIGINAL CONSIDERATION 02 Council Member A RESOLUTION Authorizing the City to Enter Into a Contract with the New York State Division of Criminal Justices to Secure GIVE Grant Funding Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLUTION Authorizing the City to Enter Into a Contract with the New York State Division of Criminal Justices to Secure Research and Evaluation Grant Funding Regarding the Community Hiring Panel Votes Required 4 1 Friday, August 11, 2023 Page 1 of 2  Monday, August 14, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 04 Council Member A RESOLUTION Revoking the Appropriation of American Rescue Plan Act (ARPA) Funds for the Construction of the Capital Region Aquatic Center as Authorized by Resolution 2022-214 and Amended by Resolution 2023-029 Votes Required 4 ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Authorizing the Settlement of a Claim by Carole Riggi Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Recognizing 2023 Black Business Month Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Authorizing the Issuance of Revocable Permit No. 677 to Herbies Burgers for a Sign with Accent Lighting and an Awning that Will Overhang the City's Right-of-Way at 175 Jay Street Votes Required 4 ORIGINAL CONSIDERATION 08 Council Member A RESOLUTION Awarding the Bid and Contract for the "Schenectady Municipal Golf Course Irrigation System Installation Base Bid and Add Alternate 1" to George E. Ley Company in the Amount of $3,352,934.21 Votes Required 4 2 Friday, August 11, 2023 Page 2 of 2  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: An Ordinance Establishing a Six (6) Month Moratorium on the Submission and Processing of Building Permits, Certificates of Occupancy, Certificates of Use and Land Use Approvals for “Smoke Shops, Vape Shops, and Tobacco or Vape Consumption Businesses” within the City of Schenectady D WHEREAS, the City of Schenectady Code, including the zoning ordinance at Chapter 264 of the Schenectady City Code, currently lacks the ability regulate smoke shops, vape shops, tobacco or RA vape consumption businesses, and cannabis retail and consumption uses; and WHEREAS, under the existing the zoning ordinance at Chapter 264 of the Schenectady City Code, smoke shops, vape shops and cannabis dispensaries constitute ‘retail’ which is permitted without restriction through numerous commercial districts in the City of Schenectady (“City”), while tobacco or FT vape consumption businesses and cannabis consumption are not uses contemplated by the zoning ordinance and, as such, are not permitted uses; and WHEREAS, the legalization of cannabis at the state level has lead to an influx of ancillary unregulated smoke shops, vape shops, tobacco or vape consumption businesses and other retail businesses primarily engaged in the sale of smoking and tobacco products, and tobacco or cannabis paraphernalia throughout the City; and WHEREAS, the Schenectady City Council seeks to implement zoning which will provide regulations for smoke shops, vape shops, tobacco or vape consumption businesses and cannabis uses in the City and desires to maintain the status quo while these zoning modifications are developed and contemplated by the Council; and WHEREAS, while considerable licensing requirements exist, and many zoning functions preempted, under New York State Law regarding cannabis uses, no such state-wide authority exists which regulates smoke shops, vape shops and tobacco or vape consumption businesses; and Page 1 of 7 3  WHEREAS, in light of the licensing requirements and state level preemption with respect to cannabis uses which substantially limit the rate at which these businesses may be entitled to open, and in the interest of limiting the effect of any moratorium to just the relief necessary to preserve the status quo related to such uses, the Council desires to establish a land use moratorium on Building Permits, Certificates of Occupancy, Certificates of Use and Land Use Approvals limited to smoke shops, vape shops, and tobacco or vape consumption businesses as the same have no state-wide regulations. WHEREAS, a public hearing with regard to this moratorium was held on April 14, 2023: NOW, THEREFORE BE IT, ENACTED, by the Council of the City of Schenectady, in a regular meeting convened as follows: 1. DEFINITIONS D BUILDING PERMIT – a building, demolition, plumbing, electrical, or other permit issued by an administrative official for the City of Schenectady for the construction, renovation, rehabilitation or alteration of property pursuant to Chapter 137, 138, 167 or 264 of the RA Schenectady City Code. CERTIFICATE OF OCCUPANCY – A certificate of occupancy or certificate of compliance issued pursuant to Chapter 137, 138, 167 or 264 of the Schenectady City Code. FT CERTIFICATE OF USE – A certificate issued to a business pursuant to Chapter 183, Article II (Business Certificates of Use) of the Schenectady City Code. LAND USE APPROVALS – Any approval regarding the use of land pursuant to Chapter 264 of the Schenectady City Code. Such approvals include, but are not limited to, use variances, area variances, site plan approval, and special use permits. PRIMARILY ENGAGED – The term “primarily engaged” means when twenty percent (20%) or more of products sold at the retail establishment are smoking and tobacco products, tobacco or cannabis paraphernalia, accessories, and other products, devices and components reasonably assumed to be used for smoking and/or inhalation or injection of any substances. SCHENECTADY ZONING ORDINANCE – The City of Schenectady zoning ordinance provided at Chapter 264 of the Schenectady City Code. Page 2 of 7 4  SMOKING AND TOBACCO PRODUCTS – Any product in leaf, flake, plug, liquid (such as e-cigarette liquid), or any other form, containing nicotine derived from tobacco, or otherwise derived, cannabidiol (“CBD”), or other controlled substances as defined in the New York Public Health Law, which is intended to enable human consumption of the tobacco, CBD, or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. This term excludes any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose. For purposes of this moratorium this term shall exclude cannabis as regulated by the New York State Office of Cannabis Management. TOBACCO OR CANNABIS PARAPHERNALIA – Any equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of smoking and tobacco products or cannabinoid products. Items or devices classified as tobacco or cannabis paraphernalia include, but are not limited to, the following: pipes, punctured metal bowls, bongs, D water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches are excluded from the definition of tobacco paraphernalia. RA TOBACCO OR VAPE CONSUMPTION BUSINESS – A premises where smoking and tobacco products are sold for consumption on the premises. Such premises include hookah lounges, hookah cafes, vapor lounges, cigar lounges, cigar bars, and the like. FT VAPE OR SMOKE SHOP – A retail establishment or wholesale establishment primarily engaged in the selling of smoking and tobacco products, tobacco or cannabis paraphernalia, or components reasonably assumed to be used for smoking and/or inhalation or injection of any products or other substances. Such premises include tobacco shops, head shops, nicotine shops, vapor shops and the like. 2. PURPOSE & INTENT The purpose of this moratorium is to temporarily suspend Building Permits, Land Use Approvals, Certificates of Occupancy and Certificates of Use for vape shops, smoke shops, and tobacco or vape consumption businesses in the City of Schenectady (“City”) pursuant to the statutory powers vested to the City and Schenectady City Council (“Council”) to regulate and control land use and to protect the health, safety and welfare of its citizens; and to address present and future development within the City; and pursuant to the City Comprehensive Plan adopted by the Council on March 25, 2008; and to continue the update of the City’s land use regulations, including but not limited to the Schenectady Zoning Ordinance. Page 3 of 7 5  The Schenectady City Code, including the Schenectady Zoning Ordinance, currently lacks the ability to regulate cannabis uses, vape or smoke shops, and tobacco or vape consumption businesses. While these uses which meet the City’s broad zoning definition of ‘retail’ may operate without any use-specific regulations throughout the City’s commercial districts, consumption uses for either cannabis or tobacco are not permitted uses. Recognizing the need to permit such uses in certain districts throughout the City, the negative community impacts of cannabis, tobacco and similar uses are well-documented, including the accessibility and advertising of these products to youth. Modifications of the zoning ordinance are required, not only address concerns of residents and property owners, but to provide regulations for these uses with regard to parking, visibility, density, certain physical requirements, as well as establish other municipal zoning and administrative regulations. This moratorium shall serve to maintain the status quo regarding such uses to permit the development of zoning modifications to ameliorate the impacts of these uses on the public. The legalization of cannabis by the State of New York has yielded in influx in inquiries D regarding cannabis uses, and an influx of smoke and vape shops throughout the City providing ancillary goods and services. While New York State has implemented a substantial regulatory process with respect to cannabis uses, preempting certain zoning functions typically left to local RA governments, no such regulations exist regarding smoke shops, vape shops, and tobacco or vape consumption businesses. Considering the state-level regulation of cannabis uses which substantially limit the rate at which cannabis businesses may be entitled to open, and in the interest of limiting the effect of any moratorium to just the relief necessary to preserve the status quo related to such uses, this moratorium shall be limited to suspending Building Permits, FT Certificates of Occupancy, Certificates of Use and Land Use Approvals related to smoke shops, vape shops, and tobacco or vape consumption businesses as the same remain largely unregulated in the City of Schenectady. 3. AUTHORITY This land use moratorium is enacted by the City Council of the City of Schenectady pursuant to its authority under the Article IX of the New York State Constitution, the General City Law, General Municipal Law, and Municipal Home Rule Law. 4. ENACTMENT OF TEMPORARY MORATORIUM For a period of six (6) months following the effective date of this Ordinance, except as provided in Section 5 below: i. no new applications for Building Permits and Land Use Approvals for vape shops, smoke shops, or tobacco or vape consumption businesses shall be accepted or processed by the City of Schenectady; ii. no previously submitted applications for Building Permits and Land Use Approvals for vape shops, smoke shops, or tobacco or vape consumption businesses shall be accepted or processed by the City of Schenectady; Page 4 of 7 6  iii. no Certificates of Occupancy for vape shops, smoke shops, or tobacco or vape consumption businesses shall be issued by the City of Schenectady; and iv. no applications for a Certificate of Use for vape shops, smoke shops, or tobacco or vape consumption businesses shall be accepted or processed by the City of Schenectady. At the discretion of the Council, there shall be the possibility of one (1) separate six (6) month period of extension imposed, after proper notice and a public hearing, to be held within forty-five (45) days prior to the expiration of said moratorium period. 5. ALLEVIATION OF EXTRAORDINARY HARDSHIP i. The Schenectady City Council may authorize exceptions to the moratorium imposed by this Ordinance when it finds, based upon evidence presented to it, that deferral of action on application for a Building Permit, issuance of a Certificate of Occupancy, Certificate of Use, or Land Use Approval for a vape shop, smoke shop, or tobacco or vape consumption business would impose an extraordinary hardship on a landowner or D applicant. ii. An application for an exception based upon extraordinary hardship shall be filed with the RA Schenectady City Clerk, including a fee of five hundred and 00/100 Dollars ($500.00) for each tax map parcel claimed to be subject to extraordinary hardship, by the landowner or the applicant, upon the consent of the landowner. The application shall provide a recitation of the specific facts that are alleged to support the claim of extraordinary hardship and shall contain such other information and/or documentation as the FT Schenectady City Council or its designee shall prescribe as necessary for the Schenectady City Council to be fully informed with respect to the application. iii. A public hearing on any application for an exception to this Ordinance based upon extraordinary hardship shall be held by the Schenectady City Council at a meeting of the Schenectady City Council no later than forty-five (45) days after the complete application for extraordinary hardship has been filed with the Schenectady City Clerk. The Schenectady City Council shall determine, by motion duly adopted, when an application based upon extraordinary hardship is complete. iv. In reviewing an application for an exception based upon a claim of extraordinary hardship, the Schenectady City Council may consider the following criteria: a. The extent to which the proposed development activity would cause significant environmental degradation, adversely impact existing development in the area, be detrimental to public health, comfort or safety concerns and/or have a negative impact upon the City of Schenectady. Page 5 of 7 7  b. Whether the moratorium will expose a property owner or applicant to substantial monetary liability to a third person or would leave the property owner or applicant completely unable, after a thorough review of alternative solutions, to have a reasonable alternative use of the property. c. The extent to which actions of the applicant were undertaken in good faith belief that the proposed development would not lead to significant environmental degradation, adversely impact existing development in the area, have an adverse impact on public health or safety, and/or have a negative impact upon the City of Schenectady. v. Mere delay or concern that regulations may be adopted prohibiting establishment of vape and smoke shop uses is insufficient to constitute an extraordinary hardship under this section. vi. Where an existing vape shop, smoke shop, or tobacco or vape consumption business has D not been operating lawfully with the existing zoning and building requirements of the City of Schenectady, its preexisting operation is insufficient to constitute an extraordinary hardship under this section. vii. RA At the conclusion of the public hearing and after reviewing the evidence and testimony placed before it, the Schenectady City Council shall, in its sole discretion, act upon the application for an exception based upon extraordinary hardship. The Schenectady City Council may approve, deny or approve in party and deny in part the application being FT acted upon. 6. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE It is the intent of this Ordinance to supersede any statutes or regulations which may be inconsistent with the provisions herein. To the extent that any provisions of this Ordinance are in conflict with or are construed as inconsistent with the provisions of the General City Law or General Municipal Law this Ordinance supersedes, amends and takes precedent consistent to the City’s municipal home rule powers pursuant to Municipal Home Rule Law and Article IX of the New York State Constitution. Related to Building Permits, Certificates of Occupancy, Certificates of Use, and Land Use Approvals, for vape shops, smoke shops, or tobacco or vape consumption businesses, this Ordinance supersedes: i. Schenectady City Code Chapters 137 (Building Code Administration), 138 (Building, Plumbing and Electrical Standards), 167 (Housing Standards), Chapter 183, Article II (Business Certificates of Use), or 264 (Zoning). This Ordinance suspends and stays the running of time periods for processing, action upon, holding hearings on, making decisions and taking action on such applications provided for in those laws. Page 6 of 7 8  ii. Any inconsistent provisions the General Municipal Law, General City Law, or Schenectady City Code, relating to the authority of the Schenectady Board of Zoning Appeals to grant variances, waivers, or other relief from the Schenectady Zoning Ordinance. iii. Any inconsistent provisions of the General City Law and City of Schenectady Code which requires that the Planning Commission process, review, hold hearings on, and act upon applications for site plans within specified time periods. This Ordinance suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede said inconsistent authority. 7. ENFORCEMENT This Ordinance shall be enforced by the Corporation Counsel of the City of Schenectady, or their designee. It shall be the duty of the Corporation Counsel to advise the Council of all matters pertaining to the enforcement of this Ordinance and to keep all records necessary and appropriate D to such enforcement. 8. VIOLATIONS RA Any person, firm, entity or corporation violating any of the provisions of this Ordinance shall be guilty of an offense and upon conviction thereof in a civil action brought by the Corporation Counsel, shall be subject to civil penalties in the amount of one hundred dollars ($100.00) for each day such violation exists in addition to injunctive or equitable relief. FT 9. SEVERABILITY Should any word, phrase, clause, sentence, paragraph, section, part or provision of this Ordinance be found by the courts to be unconstitutional or invalid, such decision shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts. 10. EFFECTIVE DATE This Ordinance shall take effect immediately upon its filing with the Schenectady City Clerk. Approved as to form this ____ day of August, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel Page 7 of 7 9  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: An Ordinance Pursuant to Section 101 of the Second Class Cities Law Abandoning a Portion of Larch Street WHEREAS, it is in the best interest of the City of Schenectady to abandon a portion of Larch Street as described hereinbelow; and WHEREAS, a public hearing with regard to the proposed abandonment was held on April 24, 2023 without comment; and D WHEREAS, there is no municipal use for the property: RA NOW, THEREFORE BE IT, ENACTED, by the Council of the City of Schenectady, in a regular meeting convened as follows: FT All that portion of the City Street as designated on the Official Map of the City and known as that portion of Larch Street as follows – Beginning at a point in the easterly line Lansing Street, at its intersection with the southerly line of a paper street known Larch Street, said point also being the northwesterly corner of the lands now or formerly of Elysian Consulting Group, LLC, as described in a deed filed in the Office of the Schenectady County Clerk as Liber 2040 at Page 955; Thence from said point of beginning, along the southerly line of a paper street known Larch Street and along the northerly line of lands now or formerly of Elysian Consulting Group, LLC as described in a deed filed in the Office of the Schenectady County Clerk as Liber 2040 at Page 955 and along the northerly line of lands now or formerly of TK Sons Properties, Inc. as described in a deed filed in the Office of the Schenectady County Clerk as Liber 1927 at Page 980, North 81°01’01” East a distance of 150.00 feet to a point; Thence North 8°58’59” West, a distance of 50.00 feet to a point in the northerly line of a paper street known Larch Street; Thence South 81°01’01” West, and running along the northerly line of a paper street known Larch Street, a distance of 150.00 feet to a point in easterly line Lansing Street; Thence, along the easterly line Lansing Street, South 8°58’59” East, a distance of 50.00 feet to the point and place of beginning – is hereby closed, abandoned, and discontinued, effective immediately. 10 Approved as to form this 14th day of August, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel DRA FT 11  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the City to Enter into a Contract with the New York State Division of Criminal Justices to Secure GIVE Grant Funding D WHEREAS, the City Council wishes to enter into a Contract with the New York State Division of Criminal Justice Services (DCJS), which provides funding through the Gun Involved Violence Elimination (GIVE) Partnership. This contract is for the purpose of securing funds RA allocated to the City of Schenectady and County of Schenectady through the GIVE grant program; and WHEREAS, pursuant to this grant the City shall receive $481,687.00 from DCJS to be used as described in the Grant Award, specifically the Budget Detail Worksheet. The agreement FT shall be effective from July 1, 2023 through June 30, 2024: NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Mayor or his designee to enter into an agreement with the New York State Division of Criminal Justice Services for the purpose of securing grant funding as described in the GIVE grant award, to be allocated as provided in the Budget Detail Worksheet, a copy of which is attached hereto and made a part hereof; and be it further RESOLVED, that the Commissioner of Finance and Administration is directed to receive and allocate the funding as directed in the Budget Detail Worksheet. Approved as to form this 14th day of August, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 12  KATHY HOCHUL ROSSANA ROSADO YVONNE TURNER Governor Commissioner Director of Funding Grant Award Notice Grantee/Contractor: Date: Schenectady City Police Department June 9, 2023 Program Name: Award Amount: GIVE (2023-24) $481,687.001 Signatory Name and Title: Term Dates: Chief Eric Clifford 7/1/23 – 6/30/24 Email: Contract Number: C484997 EClifford@schenectadyny.gov D Program Description: 2023-24 DCJS Gun Involved Violence Elimination (GIVE) Initiative RA New York State Division of Criminal Justice Services (DCJS) Commissioner Rossana Rosado is pleased to provide funding to your county and agency to support the Gun Involved Violence Elimination (GIVE) initiative. The GIVE initiative is a critical component of the State's violence prevention and reduction strategy. Thank you for your partnership to help keep New Yorkers safe. If you have any programmatic questions, please contact Raymond Neves in the DCJS Office of Public Safety (OPS) at (518) 402-8455 or Raymond.Neves@dcjs.ny.gov. FT Grant Questions PRIMARY CONTACT SECONDARY CONTACT Katie Nardolillo Dave Martin Public Safety Grants Representative Public Safety Grants Representative NYS Division of Criminal Justice Services NYS Division of Criminal Justice Services Office of Program Development and Funding Office of Program Development and Funding Phone: (518) 457-6030 Phone: (518) 485-9607 Email: Katie.Nardolillo@dcjs.ny.gov Email: David.Martin@dcjs.ny.gov Thank you for all the work you do to protect the public and keep our communities safe. We look forward to continuing to work with you in our shared public safety mission. Attachment: Instruction Sheet, GMS Application Manual [1] The award amount listed above is contingent upon the completion and submission (as applicable) of all contractual obligations as well as approval by the NYS Division of Budget and execution of the grant contract by the NYS Office of the State Comptroller. 13  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the City to Enter into a Contract with the New York State Division of Criminal Justices to Secure Research and Evaluation Grant Funding Regarding the Community Hiring Panel D WHEREAS, the City Council wishes to enter into a contract with the New York State Division of Criminal Justice Services (DCJS), which provides funding for research and evaluation. RA This contract is for the purpose of securing funds allocated to the City of Schenectady for a partnership with the Finn Institute to complete a project titled “A Community Role in Police Hiring: The Schenectady Community Hiring Panel”; and WHEREAS, pursuant to this grant the City shall receive $49,977.00 from DCJS to be used FT as described in the Grant Award, specifically the Budget Detail Worksheet. The agreement shall be effective from September 1, 2023 through August 31, 2024: NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the Mayor or his designee to enter into an agreement with the New York State Division of Criminal Justice Services for the purpose of securing grant funding as described in the Research and Evaluation grant award, to be allocated as provided in the Budget Detail Worksheet, a copy of which is attached hereto and made a party hereof; and be it further RESOLVED, that the Commissioner of Finance and Administration is directed to receive and allocate the funding as directed in the Budget Detail Worksheet. Approved as to form this 14th day of August, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 14  KATHY HOCHUL ROSSANA ROSADO DEAN DEFRUSCIO Governor Commissioner Deputy Commissioner Grant Award Notice Grantee/Contractor: Date: City of Schenectady / Schenectady Police 7/20/2023 Department Program Name: Award Amount: Research and Evaluation $49,977 Term Dates: Signatory Name and Title: Gary McCarthy, Mayor 9/01/23-8/31/24 Email: gmccarthy@schenectadyny.gov Contract Number: T637652 D Program Description: To support the creation of a community hiring panel and understand if the panel can improve police-community relations as part of the Reform and Reinvention RA Collaborative. The following additional information is provided as required when grants are supported with federal funding: Federal Award Identification Information FT Award Name: New York State FY 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application Federal Award Number: 2019-DJ-BX-0017 Name of the Federal Award Agency: Bureau of Justice Assistance (BJA) Federal Award Lapse Date: 9/30/2025 Total Amount of Federal Award: $ 8,576,883 Federal Fiscal Year of Funds: FFY 19 Catalog of Federal Domestic Assistance (CFDA) Title and Number: 16.738 Edward Byrne Memorial Justice Assistance Grant Program Grant Questions Primary Contact Secondary Contact Meagan Armstrong, Public Safety Grants Representative Joe Lostritto, Public Safety Grants Representative NYS Division of Criminal Justice Services NYS Division of Criminal Justice Services Office of Program Development and Funding Office of Program Development and Funding Phone: 518.485.5569 Phone: 518.485.7662 Email: meagan.armstrong@dcjs.ny.gov Email: joe.lostritto@dcjs.ny.gov 1 This funding is provided by the Division of Criminal Justice Services (DCJS) with federal funds through the Bureau of Justice Assistance. Grantees receiving these funds will be subject to federal rules, regulations, and reporting requirements. Thank you for all the work you do. We look forward to working with you in our continued efforts to safeguard the health and safety of all New York residents and visitors. 15  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Revoking the Appropriation of American Rescue Plan Act (ARPA) Funds for the Construction of the Capital Region Aquatic Center as Authorized by Resolution 2022-214 and Amended by Resolution 2023-029 WHEREAS, on August 22, 2022, the Schenectady City Council approved a resolution that, among other things, appropriated $2,500,000 in ARPA funding for the construction of the Capital Region Aquatic Center; and D WHEREAS, on February 13, 2023, the Schenectady City Council approved a resolution that, among other things, provided the Capital Region Aquatic Center one year to secure financial RA commitments from other sources in order to receive the appropriated ARPA funding; and WHEREAS, the Capital Region Aquatic Center has taken steps to locate its proposed facility outside of the City of Schenectady: FT NOW, THEREFORE BE IT, RESOLVED, that the City Council revokes the appropriation of $2,500,000 in ARPA funds for the Capital Region Aquatic Center, as originally appropriated by Resolution 2022-214 and as modified for the purpose of providing one year to secure financial commitments by Resolution 2023-029. Approved as to form this 14th day of August, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 16  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Carole Riggi WHEREAS, Carole Riggi filed a claim (2023-023) 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 Carole Riggi to settle the claim for $11,683.70, the terms of which shall be set by the Corporation Counsel. FT Approved as to form this 14th day of August, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 17  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Recognizing 2023 National Black Business Month WHEREAS, Black Business Month is celebrated in August — it is a time to acknowledge and appreciate black-owned businesses across the nation and all that they represent in the country’s continual striving for diversity and equality. Black Business Month provides an opportunity to focus on a community that is far too often underrepresented when it comes to access to capital and opportunities to build wealth, and; WHEREAS, the history of Black Business Month can be traced back to the year 2004, when engineering D entrepreneur Frederick E. Jordan partnered with the president and executive editor of the scholarly publishing company eAccess Corp,’ John William Templeton, to start this annual event. Their intention was to “drive the RA policy agenda affecting the 2.6 million African American businesses,” in order to highlight and empower Black business owners everywhere given the continued challenges faced by Black business owners, and; WHEREAS, since the late 1700s, both free and enslaved Black people began to open their own small businesses, from barbershops to tobacco shops and shoemaking. As emancipation grew, so did the establishment of Black- owned businesses, and this led to the period between 1900 — 1930 being labeled as the ‘golden age’ of Black- FT owned businesses, and; WHEREAS, this historic annual event provides a chance for consumers and proprietors to not only support Black businesses but provide them a platform to grow their enterprises and build wealth for current and future generations of African Americans. Celebrating the contribution of black business owners and entrepreneurs, pays homage to them and their legacies, celebrating this month recognizes the importance of black-owned businesses when it comes to contributing to the nation’s economy as well, and; WHEREAS, the value of entrepreneurship has long been a major influence in the Black community, today approximately 10% of all American businesses are black-owned. The primary sectors in which black-owned businesses operate include health care, social work, repair and maintenance, beauty salons, restaurants, barbershops, arts and entertainment and the list continues to grow, and; WHEREAS, Black Business Month ensures that Black-owned businesses get the recognition and patronage they so richly deserve, especially those that are struggling to stay afloat. Celebrating Black-owned businesses empowers more people from the African American communities to dream big and begin their own entrepreneurial journey, and; WHEREAS, when you choose to support black-owned businesses, you are supporting black bride, unity and Kujichagulia or self-determination. Black entrepreneurship is a tool for survival. NOW, THEREFORE BE IT, RESOLVED, that the Schenectady City Council and Mayor Gary R. McCarthy do hereby pause in their 18 deliberations to recognize Black Business Month in the City of Schenectady and encourages all residents to support Black owned businesses in the city of Schenectady, the Capital Region and at every other opportunity. Approved as to form this 14th day of August 2023 DRA FT 2 19  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Issuance of Revocable Permit No. 677 to Herbies Burgers for a Sign with Accent Lighting and an Awning That Will Overhang the City’s Right-of-Way at 175 Jay Street, Schenectady, N.Y. WHEREAS, Herbies Burgers would like to install a sign that will overhang the City’s D right-of-way at 175 Jay Street, Schenectady, New York; and WHEREAS, the City Engineer recommends the issuance of a permit for the sign with RA accent lighting and an awning; and 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, FT and the maintenance of the encumbrance on City property; and WHEREAS, said permit shall be subject to revocation at the discretion of the City Engineer: NOW THEREFORE BE IT, RESOLVED, that the City Engineer is hereby authorized to issue Revocable Permit No. 677 to Herbies Burgers for a sign with lighting that will overhang the City’s right-of-way at 175 Jay Street, Schenectady, New York, subject to such terms, conditions and restrictions as may be justified in his expert professional opinion to safeguard the interests of the City. Approved as to form this 14th day of August 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 20  D 21 RA FT  D 22 RA FT  D 23 RA FT  D 24 RA FT  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Awarding the Bid and Contract for “Schenectady Municipal Golf Course Irrigation System Installation Base Bid and Add Alternate 1” to George E. Ley Company in the Amount of $3,352,934.21 WHEREAS, this phase of the construction project continues to accomplish the goals and D objectives that were laid out in the Golf Master Plan; and WHEREAS, this project is for the replacement of the golf course’s original manually RA operated, single row irrigation system with a modern, automated system; and WHEREAS, the Engineering Department solicited and received bids for “Schenectady Municipal Golf Course Irrigation System Installation.” A low base bid was received on July 19, 2023, from George E. Ley Company, of Glenmore, PA. The total amount of the award is $3,352,934.21. FT Financing for this project will be provided through ARPA funds previously allocated by City Council for the SMGC Irrigation System Installation: NOW THEREFORE BE IT, RESOLVED, that this Council, Acting as a Board of Contract and supple under C5-9 of the City Charter, confirms and ratifies issuance of a contract with George E. Ley Company of Glenmore, P.A. for Schenectady Municipal Golf Course Irrigation System Installation in the amount of $3,352,934.21; and be it further RESOLVED, that the Mayor or his designee is authorized execute the contract identified hereinabove, the terms of which shall be set by Corporation Counsel. Approved as to form this 14th day of August 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel 25 2023-17-ENG - Schenectady Municipal Golf Course Irrigation Sy... Addendum No: 1 (Published) Plan Holders List Plan Holders List Organization Name Main Contact Download Date City Province/State Friends Irrigation, Inc. Richard Friend 07/18/2023 01:29 PM EDT Deer Park New York Central Turf & Irrigation George Iannaccone 07/10/2023 05:08 PM EDT Elmsford New York Supply Ewing Irrigation Fred Rapp 07/10/2023 05:06 PM EDT Tinton Falls New Jersey LHV Precast, Inc. Robert Willis 07/10/2023 04:23 PM EDT Kingston New York KNW Sales, LLC d/b/a David Waldron 07/06/2023 04:00 PM EDT Buffalo New York Pertech Construction Bid Source Angela R 06/25/2023 01:37 PM EDT Holly Springs North Carolina Eastern Contractors Dustin Henry 06/23/2023 02:42 PM EDT Albany New York Association Winterberry Irrigation Jeremy Smith 06/23/2023 10:57 AM EDT Southington Connecticut George E Ley Co Kyle Carona 06/21/2023 02:17 PM EDT Glenmoore Pennsylvania Construction Journal Construction Journal 06/16/2023 09:06 AM EDT Stuart Florida D School Wholesale JP DAS 06/14/2023 02:09 AM EDT Nashville Tennessee Supplies LLC Merit Apprenticeship Penelope Hazer 06/13/2023 10:19 AM EDT East Syracuse New York Alliance RA SiteOne Landscape Bids Department 06/13/2023 09:04 AM EDT Cleveland Ohio Supply Carmel Winwater Michael Cesare 06/12/2023 10:06 AM EDT Carmel New York Landscapes Unlimited, Kelly Heftie 06/12/2023 09:13 AM EDT Lincoln Nebraska LLC FT Grassland Equipment & Bonnie Slocum 06/12/2023 08:13 AM EDT Latham New York Irrigation Ewing Irrigation Products Alex Ludwig 06/11/2023 10:07 AM EDT Hastings-On-Hudson New York Iron Sword Enterprises, Ben Baker 06/10/2023 08:10 PM EDT Wallkill New York LLC National Lawn Sprinklers, Gordon Holmes 06/09/2023 07:14 PM EDT White Plains New York Inc. North America Tim Loncarich 06/09/2023 05:10 PM EDT Grand Junction Colorado Procurement Council, Inc. PBC 08/03/2023 10:07 AM EDT 26 Page 6 of 6  D 27 RA FT