City Council

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, September 11, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 01 Council Member AN ORDINANCE Approving and Authorizing the Supplemental Bond Ordinance in the Amount of $25,275,000.00 for the North Ferry Street Pump Station Votes Required 5 ORIGINAL CONSIDERATION 02 Council Member A RESOLUTION Calling for a Public Hearing of the 2022 Consolidated Annual Performance and Evaluation Report (CAPER) Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLUTION Calling for a Public Hearing of the Proposed 2024 Operating Budget and Capital Budget for the City of Schenectady Votes Required 4 ORIGINAL CONSIDERATION 04 Council Member A RESOLUTION Authorizing Acceptance of Funding from New York State for the Purchase of a New Fire Truck Votes Required 4 Friday, September 8, 2023 Page 1 of 4  Monday, September 11, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Referring the Draft Ordinance Establishing a Six-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 to the Schenectady County Economic Development and Planning Department Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Authorizing of an Easement to Niagara Mohawk Power Corporation d/b/a National Grid for the Installation of an Overhead Electrical Service in Central Park for the New Pool, Splashpad, and Ancillary Facilities Votes Required 6 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Amending Resolution 2023- 029 to Modify the Time Period for Miracle on Craig Street to Secure Required Financial Commitments Votes Required 4 ORIGINAL CONSIDERATION 08 Council Member A RESOLUTION Amending Resolution 2022- 224 to Modify the Time Period for Young Women’s Christian Association of Schenectady d/b/a YWCA Northeastern NY (NENY) to Secure Required Financial Commitments Votes Required 4 Friday, September 8, 2023 Page 2 of 4  Monday, September 11, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 09 Council Member A RESOLUTION Amending Resolution 2022- 224 to Modify the Time Period for Electric City Food Cooperative, Inc. to Secure Required Financial Commitments Votes Required 4 ORIGINAL CONSIDERATION 10 Council Member A RESOLUTION Amending Resolution 2022- 224 to Modify the Use of Funds for Schenectady Community Action Program, Inc. Votes Required 4 ORIGINAL CONSIDERATION 11 Council Member A RESOLUTION Revoking the Appropriation of American Rescue Plan Act (ARPA) Funds for the Stockade Association of Schenectady New York, Inc. for a Revitalization Project as Authorized by Resolution 2022-224 Act (ARPA) Funds for the Stockade Association of Schenectady New York, Inc. for a Revitalization Project as Authorized by Resolution 2022-224 Votes Required 4 ORIGINAL CONSIDERATION 12 Council Member A RESOLUTION Revoking the Appropriation of American Rescue Plan Act (ARPA) Funds for Proctor’s Reopening Safety Upgrades as Authorized by Resolution 2022-224 Votes Required 4 ORIGINAL CONSIDERATION 13 Council Member A RESOLUTION Authorizing the Sale of 405 Eleventh Street for $26,148.51 Votes Required 4 Friday, September 8, 2023 Page 3 of 4  Monday, September 11, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 14 Council Member A RESOLUTION Authorizing the Sale of 874 Emmett Street for $55,324.11 Votes Required 4 ORIGINAL CONSIDERATION 15 Council Member A RESOLUTION Authorizing the Sale of 1005 Congress Street for $25,777.10 Votes Required 4 ORIGINAL CONSIDERATION 16 Council Member A RESOLUTION Authorizing the Sale of 1040 Wendell Avenue for $16,999.97 Votes Required 4 ORIGINAL CONSIDERATION 17 Council Member A RESOLUTION Authorizing the Sale of 1038 Glenwood Boulevard for $35,500 Votes Required 4 ORIGINAL CONSIDERATION 18 Council Member A RESOLUTION Authorizing the Settlement of a Claim by Nicholas Fazio Votes Required 4 ORIGINAL CONSIDERATION 19 Council Member A RESOLUTION Recognizing the Junior League of Schenectady and Saratoga Counties Votes Required 4 CONTRACT & SUPPLY 20 Council Member A RESOLUTION Awarding the Bid and Contract for “2023 Harley Davidson Police Motorcycle” to Brunswick Harley-Davidson Inc. in the Total Amount of $29,851.75 Votes Required 4 Friday, September 8, 2023 Page 4 of 4  EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF SCHENECTADY ADOPTING A THIRD 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 11th day of September, 2023. Present: Absent: Also Present: AFT ________________ presented the Ordinance and it was seconded by _______________: ORDINANCE NO. 2023-___ THIRD SUPPLEMENTAL BOND ORDINANCE DATED SEPTEMBER 11, 2023 AUTHORIZING AN INCREASE IN THE COST OF THE CONSTRUCTION OF A NEW NORTH FERRY R STREET PUMP STATION BY $51,486, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. D 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, pursuant to a second supplemental bond ordinance adopted by the City Council on July 10, 2023 (the “Second Supplemental Bond Ordinance”), the City approved an increase in the cost of the Purpose to an aggregate maximum estimated cost of $25,223,514; and WHEREAS, the City of Schenectady Commissioner of Finance and Administration has 26918401 determined that the cost of the Purpose has increased by $51,486 to a maximum cost of $25,275,000 and has recommended that the City Council of the City approve an increase in the maximum cost of the Purpose; and WHEREAS, the City Council of the City desires to approve the increase in the maximum cost of the Purpose; and 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; AFT 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 $51,486 to a maximum cost of $25,275,000, and the expenditure of an additional $51,486 to finance the cost of the Purpose. Section 2. Other than as is provided in Section 1 of this Third Supplemental Bond R Ordinance, the terms of the Original Bond Ordinance, the Supplemental Bond Ordinance and the Second Supplemental Bond Ordinance shall remain in full force and effect. Section 3. This Third Supplemental Bond Ordinance shall take effect immediately upon D its adoption by the City Council of the City. AYES NAYS ABSENT 26918401 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 September 11, 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. A 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 FT 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. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of the City of Schenectady this ____ day of September, 2023. ____________________________________ R City Clerk [SEAL] D 26918401  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: 2022 Consolidated Annual Performance and Evaluation Report (CAPER) Said Public hearing shall be held on Monday, September 25, 2023 at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the 2022 Consolidated Annual Performance and Evaluation Report (CAPER); and be it further A RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: FT NOTICE OF PUBLIC HEARING 2022 Consolidated Annual Performance and Evaluation Report (CAPER) On Monday, September 25, 2023 at 7:00 p.m., the Schenectady City Council shall conduct a public hearing in relation to the above-referenced matter. Said public hearing shall be held in Council Chambers, R Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the above-referenced matter; and be it further D RESOLVED, that copies of the 2022 Consolidated Annual Performance and Evaluation Report (CAPER) be made available at the City Clerk’s Office and the City of Schenectady website at www.cityofschenectady.com for public inspection beginning no later than September 20, 2023, and be it further RESOLVED, that all interested parties may also be heard by submitting written comments to the City Clerk via www.cityofschenectady.com/158/City-Council, by email at mailto:smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on September 22, 2023. Approved as to form this 11th day of September, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: Proposed 2024 Operating Budget and Capital Budget for the City of Schenectady Said Public hearing shall be held on Tuesday, October 10, 2023 at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the proposed 2024 operating budget and capital budget for the City of Schenectady; and be it further A RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: FT NOTICE OF PUBLIC HEARING Proposed 2024 Operating Budget and Capital Budget for the City of Schenectady On Tuesday, October 10, 2023 at 7:00 p.m., the Schenectady City Council shall conduct a public hearing in relation to the above-referenced matter. Said public hearing shall be held in Council Chambers, R Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the above-referenced matter; and be it further D RESOLVED, that copies of the proposed 2024 operating budget and capital budget for the City of Schenectady be made available at the City Clerk’s Office and the City of Schenectady website at www.cityofschenectady.com for public inspection beginning no later than October 4, 2023, and be it further RESOLVED, that all interested parties may also be heard by submitting written comments to the City Clerk via www.cityofschenectady.com/158/City-Council, by email at mailto:smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on October 6, 2023. Approved as to form this 11th day of September, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing Acceptance of Funding from New York State for the Purchase of a New Fire Truck WHEREAS, the City seeks to purchase a new fire truck at a cost of approximately $800,000; and A WHEREAS, New York State Assembly members Angelo Santabarbara and Phillip Steck has assisted the City in obtaining $800,000 for the purchase of such a fire truck: NOW THEREFORE BE IT, FT RESOLVED, that the Schenectady City Council authorizes acceptance of $800,000 from New York State; and be it further RESOLVED, that the Commissioner of Finance and Administration is directed to R allocate the funding for the purchase of a new fire truck. Approved as to form this D 11th day of September 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Referring the Draft Ordinance Establishing a Six-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 to the Schenectady County Economic Development and Planning Department AFT WHEREAS, the City of Schenectady is considering an ordinance establishing a six- month moratorium as provided in the draft ordinance attached hereto and made a part hereof; and WHEREAS, on August 14, 2023, the City Council conducted a public hearing related to said draft ordinance; and R WHEREAS, in further consideration of the draft ordinance and pursuant to General Municipal Law, the City Council is required to refer the draft ordinance to the Schenectady County Economic Development and Planning Department: D NOW THEREFORE BE IT, RESOLVED, that the City Council hereby refers the draft ordinance to the Schenectady County Economic and Planning Department; and be it further RESOLVED, that the City Council directs the City Clerk to transmit the draft ordinance to the Schenectady County Economic and Planning Department. Approved as to form this 11th day of September 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel  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 A WHEREAS, the City of Schenectady Code, including the zoning ordinance at Chapter 264 of FT the Schenectady City Code, currently lacks the ability regulate smoke shops, vape shops, tobacco or 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 vape consumption businesses and cannabis consumption are not uses contemplated by the zoning ordinance and, as such, are not permitted uses; and R 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 D 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  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 A BUILDING PERMIT – a building, demolition, plumbing, electrical, or other permit issued by an administrative official for the City of Schenectady for the construction, renovation, FT rehabilitation or alteration of property pursuant to Chapter 137, 138, 167 or 264 of the 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. CERTIFICATE OF USE – A certificate issued to a business pursuant to Chapter 183, Article II (Business Certificates of Use) of the Schenectady City Code. R 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 D 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  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, A 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. FT 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. 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 R 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. D 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  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 A 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 FT process with respect to cannabis uses, preempting certain zoning functions typically left to local 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, 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 R in the City of Schenectady. 3. AUTHORITY D 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  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 ii. applicant. AFT An application for an exception based upon extraordinary hardship shall be filed with the 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 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. R 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 iv. D 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. 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  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 vii. A 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 FT hardship under this section. 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 acted upon. R 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 D 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  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 to such enforcement. 8. VIOLATIONS AFT 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. 9. SEVERABILITY Should any word, phrase, clause, sentence, paragraph, section, part or provision of this Ordinance R 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. D 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  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing of an Easement to Niagara Mohawk Power Corporation d/b/a National Grid for the Installation of an Overhead Electrical Service in Central Park for the New Pool, Splashpad, and Ancillary Facilities A WHEREAS, the City commenced construction of a new pool, splashpad and ancillary facilities within Central Park; and FT WHEREAS, the City has determined that it needs to upgrade and extend the electrical service within Central Park for the additional facilities; and WHEREAS, as a result, it is necessary to provide Niagara Mohawk Power Corporation d/b/a National Grid with an easement for electrical equipment installation and maintenance of the new extended overhead service: R NOW THEREFORE BE IT, RESOLVED, that the Mayor is authorized to enter into an agreement with Niagara D Mohawk Power Corporation d/b/a National Grid to provide National Grid with an easement upon the terms outlined in the agreement attached hereto and made a part hereof. Approved as to form this 11th day of September 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel  GRANT OF EASEMENT City of Schenectady, having an address 105 Jay Street, Schenectady, New York 12305 (hereinafter referred to as “Grantor”), is the owner of that certain parcel of real property commonly known as 500 Iroquois Way located in the City of Sch enectady, County of Schenectady in the State of New York, identified on the tax maps of the County of Schenectady, as Section 50.37/Block 1/Lot 48 (SBL# 50.37-1-48) and pursuant to that certain deed recorded with the County Clerk of the County of Sch enectady in Liber 213 at Page 553 the “Grantor’s Land”), and Grantor, for consideration in the amount of One Dollar ($1.00) an d other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, hereby grants to NIAGARA MOHAWK POWER CORPORATION, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse, N ew York 13202 (hereinafter referred to as “Grantee”), for Grantee and its lessees, licensees, successors, and assigns a perpetual, nonexclusive easement and right of way through, over, across, under and upon the Grantor’s Land (the “Easement”) under the fo llowing terms and conditions. Section 1 – Description of the Easement. The Easement provides the Grantee with the right, privilege, and authority to: a. construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at its pleasure, remove any poles or lines of poles, supporting structures, cables, crossarms, overhead and underground wires, guys, guy stubs, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and other fixtures and appurtenances (collectively, the “Facilities”), which the Grantee shall require now and from time to time, for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and communication data, by any means, whether now existing or hereafter devised, for public or private use, in, through, upon, over, under, and across that certain portion of the Grantor’s Land described in Section 2 below (the “Easement Area”), and any highways abutting or running through the Grantor’s Land, and to renew, replace, remove, add to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Easement Area, and utilize the Facilities within the Easement Area for the purpose of providing A service to the Grantor and others; and b. from time to time, without further payment therefor, to clear the Easement Area of obstructions or structures, FT and clear and keep cleared the Easement Area by physical and/or mechanical means, of any and all brush, trees, limbs, branches, roots, vegetation, or other obstructions; and c. from time to time, without further payment therefor, to clear and keep cleared by physical and/or mechanical means, the Grantor’s Land beyond the bounds of the Easement Area, of any and all trees, limbs, branches, roots or vegetation that, in the sole judgment of the Grantee, due to species or structural defects or their tall growing nature, are likely to fall into or encroach upon the Easement Area or interfere in any way with the safe and reliable operation of Grantee’s existing or proposed Facilities; and d. R excavate or change the grade of the Grantor’s Land as is reasonable, necessary, and proper for any and all purposes described in this Easement; provided, however, that the Grantee will, upon completion of its work, backfill and restore any excavated areas to reasonably the same condition as existed prior to such excavation; and e. pass and repass on foot and with vehicles and equipment, along, over, across and upon the Easement Area and D the Grantor’s Land in order to access the Easement Area and construct, reconstruct, relocate, use, and maintain roads, paths, causeways, and ways of access to and from the Easement Area as is reasonable and necessary in order to exercise to the fullest extent the Easement. Section 2 – Location of the Easement Area. The “Easement Area” shall consist of a portion of the Grantor’s Land twenty (20) feet in width throughout its extent, the centerline of the Easement Area being the centerline of the Facilities. The general location of the Easement Area is shown on the sketch entitled, “Easement Sketch-Exhibit A, WR# 30764363”, which sketch is attached hereto and made a part hereof as Exhibit “A” and to be recorded herewith. The final and definitive location(s) of the Easement Area shall become established by and upon the final installation and erection of the Facilities by the Grantee in substantial compliance with Exhibit “A”. Section 3 – Facilities Ownership. It is agreed that the Facilities shall remain the property of the Grantee, its successors and assigns. Section 4 – General Provisions. The Grantor, for itself, its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Grantee that no act will be permitted within the Easement Area which is inconsistent with the terms of the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated, or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area without the prior written consent of the Grantee; the Easement shall not be modified nor the Easement Area relocated by the Grantor without the Grantee’s OH Electric Dist Easement WR#32-23-330764363 prior written consent; the present grade or ground level of the Easement Area will not be changed by the Grantor through excavation or filling; the Grantee shall quietly enjoy the Grantor’s Land; and the Grantor will forever warrant title to the Grantor’s Land. The Grantee, its successors and assigns, are hereby expressly given and granted the right to assign this Easement, or any part thereof, or interest therein, and the same shall be divisible between or among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shall have the full right, privilege, and authority herein granted, to be owned and enjoyed either in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a continuing covenant running with the Grantor’s Land and shall inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Grant of Easement. IN WITNESS WHEREOF, the Grantor has duly executed this Grant of Easement under seal this ___________ day of _______________________, 20____. City of Schenectady By:________________________________________ (signature) Name:______________________________________ (print) A Its:_________________________________________ (title) State of ___________________ County of _________________ ) ) ) FT ss: On the ____ day of ______________ in the year 20___, before me, the undersigned, personally appeared _________ _________________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the R individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. D _________________________________ Notary Public RETURN TO: National Grid Attention: Heather Miroff Right of Way, Survey & Aviation 1125 Broadway Albany, NY 12204 OH Electric Dist Easement WR#32-23-330764363 D R A FT  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Amending Resolution 2023-029 to Modify the Time Period for Miracle on Craig Street to Secure Required Financial Commitments WHEREAS, on August 22, 2022, the Schenectady City Council approved Resolution 2022-214 that, among other things, appropriated $1,250,000.00 in ARPA funding for Miracle on Craig Street’s “Carvery Community Center Rehabilitation” project; and A WHEREAS, on February 13, 2023, the Schenectady City Council approved Resolution 2023- 029 that, among other things, provided Miracle on Criag Street one year to secure financial FT commitments from other sources in order to receive the appropriated ARPA funding; and WHEREAS, Miracle on Craig Street requested additional time to secure the financial commitments identified hereinabove: NOW, THEREFORE BE IT, RESOLVED, that the City Council amends Resolution 2022-224 for the project identified R hereinabove by providing a four-month extension to December 22, 2023. Approved as to form this D 11th day of September, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Amending Resolution 2022-224 to Modify the Time Period for Young Women’s Christian Association of Schenectady d/b/a YWCA Northeastern NY (NENY) to Secure Required Financial Commitments WHEREAS, on September 12, 2022, the Schenectady City Council approved Resolution 2022- 224 that, among other things, appropriated $750,000.00 in ARPA funding for Young Women’s Christian Association of Schenectady d/b/a YWCA Northeastern NY (NENY)’s “Harbor House” A project; and WHEREAS, pursuant to the terms of that resolution, Young Women’s Christian Association of FT Schenectady d/b/a YWCA Northeastern NY (NENY) is required to obtain additional commitments of $21,250,000.00 from other sources within one year of the date of the resolution; and WHEREAS, Young Women’s Christian Association of Schenectady d/b/a YWCA Northeastern NY (NENY) requested additional time to secure the financial commitments identified hereinabove: NOW, THEREFORE BE IT, R RESOLVED, that the City Council amends Resolution 2022-224 for the project identified hereinabove by providing a six-month extension to March 12, 2024. D Approved as to form this 11th day of September, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Amending Resolution 2022-224 to Modify the Time Period for Electric City Food Cooperative, Inc. to Secure Required Financial Commitments WHEREAS, on September 12, 2022, the Schenectady City Council approved Resolution 2022- 224 that, among other things, appropriated $1,000,000.00 in ARPA funding for the Electric City Food Cooperative, Inc.’s “Building Back Better, Together” project; and A WHEREAS, pursuant to the terms of that resolution, Electric City Food Cooperative, Inc. is required to obtain additional commitments of $5,700,000.00 from other sources within one year of the FT date of the resolution; and WHEREAS, Electric City Food Cooperative, Inc. requested additional time to secure the financial commitments identified hereinabove: NOW, THEREFORE BE IT, RESOLVED, that the City Council amends Resolution 2022-224 for the project identified R hereinabove by providing a six-month extension to March 12, 2024. Approved as to form this D 11th day of September, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Amending Resolution 2022-224 to Modify the Use of Funds for Schenectady Community Action Program, Inc. WHEREAS, on September 12, 2022, the Schenectady City Council approved Resolution 2022- 224 that, among other things, appropriated $100,000.00 in ARPA funding for Schenectady Community Action Program, Inc.’s “SCAP Homeless COVID-19 Support” project; and A WHEREAS, Schenectady Community Action Program, Inc. requested a change in the use of funding identified hereinabove: NOW, THEREFORE BE IT, FT RESOLVED, that the City Council amends Resolution 2022-224 for the project identified hereinabove by modifying the use of the funds appropriated for Schenectady Community Action Program to be used for rental subsidies, including rental arrears for people at risk of homelessness and security deposits and rent for people transition from homelessness, and for education on tenant rights and responsibilities. R Approved as to form this 11th day of September, 2023. D ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  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 Stockade Association of Schenectady New York, Inc. for a Revitalization Project as Authorized by Resolution 2022-224 WHEREAS, on September 12, 2022, the Schenectady City Council approved a resolution that, among other things, appropriated $750,000 in ARPA funding for a “Revitalization Project” for Stockade Association of Schenectady New York, Inc.; and A WHEREAS, the Schenectady City Council has determined it is in the best interest of the City to revoke the appropriate of the ARPA funding identified hereinabove for the “Revitalization Project” for FT Stockade Association of Schenectady New York, Inc.: NOW, THEREFORE BE IT, RESOLVED, that the City Council revokes the appropriation of $750,000 in ARPA funds for “Revitalization Project” for Stockade Association of Schenectady New York, Inc., as appropriated by Resolution 2022-224. R Approved as to form this 11th day of September, 2023. D ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Revoking the Appropriation of American Rescue Plan Act (ARPA) Funds for Proctor’s Reopening Safety Upgrades as Authorized by Resolution 2022-224 WHEREAS, on September 12, 2022, the Schenectady City Council approved a resolution that, among other things, appropriated $76,000 in ARPA funding for reopening safety upgrades for Arts Center and Theatre of Schenectady, Inc. d/b/a Proctor’s Theatre, and authorized the Mayor to enter into an agreement with Arts Center and Theatre of Schenectady, Inc. d/b/a Proctor’s Theatre for funding of the same; and AFT WHEREAS, it has now come to the attention of the Schenectady City Council that the activities proposed by Proctor’s Theatre were completed before the Schenectady City Council approved the ARPA project application and appropriated the funding identified hereinabove; and WHEREAS, the Schenectady City Council has determined it is in the best interest of the City to revoke the appropriate of the ARPA funding identified hereinabove for the reopening safety upgrades for Arts Center and Theatre of Schenectady, Inc. d/b/a Proctor’s Theatre: R NOW, THEREFORE BE IT, RESOLVED, that the City Council revokes the appropriation of $76,000 in ARPA funds for the D Arts Center and Theatre of Schenectady, Inc. d/b/a Proctor’s Theatre; and be it further RESOLVED, that the City Council revokes authorization for the Mayor to enter into an agreement with Arts Center and Theatre of Schenectady, Inc. d/b/a Proctor’s Theatre for funding of the same. Approved as to form this 11th day of September, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 405 Eleventh Street for $26,148.51 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 48.58-3-10; and WHEREAS, there is no municipal use for the property: A NOW, THEREFORE BE IT, FT RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered SBL # 48.58-3-10 to Melissa Jeffes and Barbara Zebrowski for the sum of Twenty Six Thousand One Hundred Forty-Eight Dollars and Fifty-One Cents ($26,148.51); and be it further RESOLVED, that the terms of the contract for sale shall include a clause requiring the parcel be sold or scheduled to be sold no later than September 29, 2023, and a clause requiring that the buyers pay all recording fees, as well as any other terms deemed necessary by the Corporation Counsel. R Approved as to form this 11th day of September, 2023. D ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 874 Emmett Street for $55,324.11 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 49.41-4-37; and WHEREAS, there is no municipal use for the property: A NOW, THEREFORE BE IT, FT RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered SBL # 49.41-4-37 to Beverly Perryman for the sum of Fifty-Five Thousand Three Hundred Twenty-Four Dollars and Eleven Cents ($55,324.11); and be it further RESOLVED, that the terms of the contract for sale shall include a clause requiring the parcel be sold or scheduled to be sold no later than September 29, 2023, and a clause requiring that the buyers pay all recording fees, as well as any other terms deemed necessary by the Corporation Counsel. R Approved as to form this 11th day of September, 2023. D ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 1005 Congress Street for $25,777.10 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 49.54-4-30; and WHEREAS, there is no municipal use for the property: A NOW, THEREFORE BE IT, FT RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered SBL # 49.54-4-30 to Matthew Wilgocki and Gaitree Lachhminarain for the sum of Twenty Five Thousand Seven Hundred Seventy-Seven Dollars and Ten Cents ($25,777.10); and be it further RESOLVED, that the terms of the contract for sale shall include a clause requiring the parcel be sold or scheduled to be sold no later than September 29, 2023, and a clause requiring that the buyers pay all recording fees, as well as any other terms deemed necessary by the Corporation Counsel. R Approved as to form this 11th day of September, 2023. D ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 1040 Wendell Avenue for $16,999.97 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 39.75-2-48; and WHEREAS, there is no municipal use for the property: A NOW, THEREFORE BE IT, FT RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered SBL # 39.75-2-48 to Marc LaCroix for the sum of Sixteen Thousand Nine Hundred Ninety-Nine Dollars and Ninety-Seven Cents ($16,999.97); and be it further RESOLVED, that the terms of the contract for sale shall include a clause requiring the parcel be sold or scheduled to be sold no later than September 29, 2023, and a clause requiring that the buyers pay all recording fees, as well as any other terms deemed necessary by the Corporation Counsel. R Approved as to form this 11th day of September, 2023. D ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 1038 Glenwood Boulevard for $35,500 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL 39.84-1-50; and WHEREAS, there is no municipal use for the property: A NOW, THEREFORE BE IT, FT RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered SBL # 39.84-1-50 to Allen Passonno and/or assign for the sum of Thirty-Five Thousand Five Hundred Dollars ($35,500.00); and be it further RESOLVED, that the terms of the contract for sale shall contain a clause requiring that purchaser pay $500 at closing for building, electrical, plumbing and other applicable permits, that rehabilitation of the property begin 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 R with necessary inspections be completed within six months of purchase, as well as any other terms deemed necessary by the Corporation Counsel. D Approved as to form this 11th day of September, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Nicholas Fazio WHEREAS, Nicholas Fazio filed a claim (2023-047) 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 AFT WHEREAS, the settlement proposal was accepted by the City Claims Committee: NOW, THEREFORE BE IT, RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement with Nicholas Fazio to settle the claim for $2,500.00 the terms of which shall be set by the Corporation Counsel. R Approved as to form this D 11th day of September, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Recognizing the Junior League of Schenectady and Saratoga Counties WHEREAS, the Association of Junior Leagues International (AJLI) is a global women's civic leadership organization that was founded in 1901 by Mary Harriman, with the support of Eleanor Roosevelt; and A WHEREAS, the Junior League of Schenectady and Saratoga Counties (JLSS) was founded in FT 1932 by a group of Schenectady women including Katherine S. "Kay" Rosendaal; and WHEREAS, JLSS has worked for more than 91 years to build a better community by launching lasting, impactful community programs such Operation Back to School, Kids in the Kitchen, Discrete Dignity, Community Hospice, the League Room at Proctors, Dominion House, Court Appointed Special Advocates and Children’s Grieving Center at Haven; and R WHEREAS, the Junior League of Schenectady and Saratoga Counties is helping lead efforts D with AJLI to launch the inaugural Find the Good Day on September 14, 2023; and WHEREAS, Find the Good Day is a special day of unity and compassion that aims to spread kindness, uplift others, and inspire positive change across the Capital Region and the nation; and WHEREAS, Find the Good Day is an opportunity for individuals, families, and organizations to come together as change-makers and create a ripple effect of positivity throughout our community. It is a day to reflect on the goodness within ourselves and find inspiration in the acts of kindness we have witnessed and participated in throughout the year; and WHEREAS, the Junior League of Schenectady and Saratoga Counties invites everyone to make a difference on this significant day. Whether it is through acts of service, volunteer initiatives, or simply spreading positivity through kind gestures, every contribution has the power to create lasting change; and WHEREAS, the Junior League of Schenectady and Saratoga Counties is honoring Mohawk Honda as their first Find the Good awardee for their commitment to the Junior League’s mission; and WHEREAS, Mohawk Honda serves as a valuable partner to dozens of community based organizations throughout the region and has provided valuable resources and support to the Junior League’s Operation Back to School and Discrete Dignity programs: NOW, THEREFORE BE IT, RESOLVED, that the Schenectady City Council and Mayor Gary McCarthy pause in their deliberations to encourage all Schenectadians to celebrate Thursday, September 14 as the Junior League of Schenectady and Saratoga Counties Find the Good Day and encourage all residents to find the good in our community. Approved as to form this 11th day of September, 2023. ____________________________ AFT Andrew B. Koldin, Esq. Corporation Counsel R D  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Awarding the Bid and Contract for “2023 Harley Davidson Police Motorcycle” to Brunswick Harley-Davidson Inc. in the Total Amount of $29,851.75 WHEREAS, the City seeks to purchase a 2023 Harley-Davidson motorcycle for the use of the police department; and A WHEREAS, the purchasing department solicited bids for the “2023 Harley Davidson FT Police Motorcycle” and a bid was received on August 23, 2023, from Brunswick Harley- Davidson Inc. of Troy, NY in the amount of $29,851.75: NOW THEREFORE BE IT, RESOLVED, that this Council, acting as a Board of Contract and Supply under Section C5-9 of the City Charter, authorizes the Mayor or his designee to enter into an R agreement with Brunswick Harley-Davidson Inc. for “2023 Harley Davidson Police Motorcycle” in the amount of $29,851.75, the terms of which shall be set by the Corporation Counsel; and be it further D RESOLVED, that the Commissioner of Finance and Administration is directed to allocate the funding as directed in the request for proposal. Approved as to form this 11th day of September 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel