City Council

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, December 11, 2023 Room 209 7:00 p.m. PUBLIC HEARING 001 Amending the City of Schenectady Code Section 234-1 to Modify the Annual Income Amount for the Tax Exemption FINAL CONSIDERATION 01 Council Member A RESOLUTION Approving the 2024 Downtown Special Assessment District Budget Votes Required 4 FINAL CONSIDERATION 02 Council Member A RESOLUTION Approving the 2024 Upper Union Street Business Improvement District Budget Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLUTION Confirming the Appointment of Thomas Bellick and William Nechamen to the City of Schenectady Civilian Police Review Board and Victoria Cooper as a Stand-by Alternate for William Nechamen Votes Required 4 ORIGINAL CONSIDERATION 04 Council Member A RESOLUTION Amending Resolution 2022- 224 to Modify the Time Period for Better Community Neighborhoods, Inc. to Secure Required Financial Commitments Votes Required 4 1 Friday, December 08, 2023 Page 1 of 2  Monday, December 11, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Authorizing the Sale of 463 Hulett Street for $58,000.00 Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Authorizing the Sale of 1507 Carrie Street for $90,000.00 Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Authorizing the Sale of 3323 McDonald Avenue for $60,000.00 Votes Required 4 ORIGINAL CONSIDERATION 08 Council Member A RESOLUTION Authorizing the Settlement of a Claim by Walter G. Fritz Votes Required 4 2 Friday, December 08, 2023 Page 2 of 2 The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing. § 234-1 Tax exemption granted. [Amended 12-11-1989 by L.L. No. 5-1989; 8-20-1990 by Ord. No. 90-65; 11-12-1991 by Ord. No. 91-46; 1-4-1993 by L.L. No. 1-1993; 1-17-1995 by L.L. No. 1-1995; 2-9-2004 by L.L. No. 1-2004; 1-22-2007 by L.L. No. 1-2007] Pursuant to § 467 of the New York Real Property Tax Law, real property owned by one or more persons, Formatted: Font: Italic each of whom is 65 years of age or older, or real property owned by a husband and wifemarried couple or by Formatted: Font: Italic siblings, one of whom is 65 years of age or older shall be exempt from taxation by the City of Schenectady according to the following schedule and subject to § 467 of the Real Property Tax Law and persons with limited income who are disabled to the following schedule and subject to § 459-c of the Real Property Tax Law. Senior Citizens (65 or Older) Formatted: Font: Bold FT Income Levels Approved for 2006Assessment Year 2024 and Subsequent Assessment Years Annual Income (§467 of the Real Property Tax Law) Percentage of Assessed Valuation Exempt From Taxation Formatted: Font: Bold, Italic Formatted: Font: Bold Formatted: Centered Formatted Table Less than $2632,000 More than $2632,001 but less than $2632,999.99 A 50% 45% Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic R More than $2733,000 but less than $2733,999.99 More than $2834,000 but less than $2834,999.99 40% 35% Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic D More than $2935,000 but less than $2935,899.99 More than $2935,900 but less than $3036,799.99 More than $3036,800 but less than $3137,699.99 More than $3137,700 but less than $3238,599.99 30% 25% 20% 15% Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic More than $3238,600 but less than $3339,499.99 10% Formatted: Font: Italic More than $3339,500 but less than $3440,399.99 5% Formatted: Font: Italic Formatted: Font: Italic Senior Citizen (65 or Older) Formatted: Font: Italic Formatted: Font: Italic Income Levels Approved for 2007 3  (§ 467 of the Real Property Tax Law) Percentage of Assessed Valuation Exempt From Annual Income Taxation Less than $27,000 50% More than $27,001 but less than $27,999.99 45% More than $28,000 but less than $28,999.99 40% More than $29,000 but less than $29,999.99 35% More than $30,000 but less than $30,899.99 30% More than $30,900 but less than $31,799.99 25% More than $31,800 but less than $32,699.99 More than $32,700 but less than $33,599.99 More than $33,600 but less than $34,499.99 FT 20% 15% 10% More than $34,500 but less than $35,399.99 A Senior Citizen (65 or Older) Income Levels Approved for 2008 5% Annual Income R (§ 467 of the Real Property Tax Law) Percentage of Assessed Valuation Exempt From Taxation Less than $28,000 D More than $28,001 but less than $28,999.99 More than $29,000 but less than $29,999.99 50% 45% 40% More than $30,000 but less than $30,999.99 35% More than $31,000 but less than $31,899.99 30% More than $31,900 but less than $32,799.99 25% More than $32,800 but less than $33,699.99 20% 4 More than $33,700 but less than $34,599.99 15% More than $34,600 but less than $35,499.99 10% More than $35,500 but less than $36,399.99 5% Senior Citizen (65 or Older) Income Levels Approved for 2009 (§ 467 of the Real Property Tax Law) Percentage of Assessed Valuation Exempt From Annual Income Taxation Less than $29,000 50% More than $29,001 but less than $29,999.99 More than $30,000 but less than $30,999.99 More than $31,000 but less than $31,999.99 More than $32,000 but less than $32,899.99 FT 45% 40% 35% 30% More than $32,900 but less than $33,799.99 More than $33,800 but less than $34,699.99 A 25% 20% R More than $34,700 but less than $35,599.99 More than $35,600 but less than $36,499.99 15% 10% D More than $36,500 but less than $37,399.99 Persons with Limited Income Who Are Disabled Income Levels Approved for 2006 (§ 459-c of the Real Property Tax Law) 5% Percentage of Assessed Valuation Exempt From Annual Income Taxation Less than $26,000 50% More than $26,001 but less than $26,999.99 45% 5 More than $27,000 but less than $27,999.99 40% More than $28,000 but less than $28,999.99 35% More than $29,000 but less than $29,899.99 30% More than $29,900 but less than $30,799.99 25% More than $30,800 but less than $31,699.99 20% More than $31,700 but less than $32,599.99 15% More than $32,600 but less than $33,499.99 10% More than $33,500 but less than $34,399.99 5% FT Persons with Limited Income Who Are Disabled Income Levels Approved for 2007Assessment Year 2024 and Subsequent Years Annual Income (§ 459-c of the Real Property Tax Law) Percentage of Assessed Valuation Exempt From Taxation Formatted: Font: Italic Less than $2732,000 More than $2732,001 but less than $2732,999.99 A 50% 45% Formatted: Font: Italic Formatted: Font: Italic R More than $2833,000 but less than $2833,999.99 More than $2934,000 but less than $2934,999.99 40% 35% Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic D More than $3035,000 but less than $3035,899.99 More than $3035,900 but less than $3136,799.99 More than $3136,800 but less than $3237,699.99 More than $3237,700 but less than $3338,599.99 30% 25% 20% 15% Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic More than $3338,600 but less than $3439,499.99 10% Formatted: Font: Italic More than $3439,500 but less than $3540,399.99 5% Formatted: Font: Italic Formatted: Font: Italic Persons with Limited Income Who Are Formatted: Font: Italic Formatted: Font: Italic 6  Disabled Income Levels Approved for 2008 (§ 459-c of the Real Property Tax Law) Percentage of Assessed Valuation Exempt From Annual Income Taxation Less than $28,000 50% More than $28,001 but less than $28,999.99 45% More than $29,000 but less than $29,999.99 40% More than $30,000 but less than $30,999.99 35% More than $31,000 but less than $31,899.99 30% More than $31,900 but less than $32,799.99 More than $32,800 but less than $33,699.99 More than $33,700 but less than $34,599.99 FT 25% 20% 15% More than $34,600 but less than $35,499.99 More than $35,500 but less than $36,399.99 A Persons with Limited Income Who Are 10% 5% R Disabled Income Levels Approved for 2009 (§ 459-c of the Real Property Tax Law) Annual Income Less than $29,000 D More than $29,001 but less than $29,999.99 Percentage of Assessed Valuation Exempt From Taxation 50% 45% More than $30,000 but less than $30,999.99 40% More than $31,000 but less than $31,999.99 35% More than $32,000 but less than $32,899.99 30% More than $32,900 but less than $33,799.99 25% 7 More than $33,800 but less than $34,699.99 20% More than $34,700 but less than $35,599.99 15% More than $35,600 but less than $36,499.99 10% More than $36,500 but less than $37,399.99 5% A. Exemption from taxation for school purposes shall not be granted in the case of real property where a child resides if such child attends a public school within the City School District. B. The maximum income established shall apply to the income of the owners or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption. The "income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year. Where title is vested in either the husband or the wifespouse, their combined income may not Formatted: Font: Italic C. FT exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, net rental income, salary or earnings, net income from self-employment, and unreimbursed medical expenses, but shall not include gifts or inheritances. [Amended 12-26-2012 by Ord. No. 2012-14] No exemption shall be granted: (1) Unless the title of the property shall have been vested in the owner or all of the owners of the property for at least 24 consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wifespouse in whose name title of the Formatted: Font: Italic A property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wifespouse, the time of ownership of the property by the deceased husband or wifespouse shall be deemed also a time of ownership by the survivor, and such ownership shall be deemed continuous for the purposes of computing such period of 24 consecutive months; and provided further that where property of the owner or owners has been Formatted: Font: Italic Formatted: Font: Italic R formerly acquired to replace property owned by such owner or owners and taken by eminent domain or other involuntary proceedings, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption, and such periods of ownership shall be deemed to be consecutive for purposes of this section. D (2) Unless the property is used exclusively for residential purposes. (3) Unless the real property is the legal residence of and is occupied, in whole or in part, by the owner or by D. all of the owners of the property. Application. [Amended 2-1-1993 by Ord. No. 93-04] (1) Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board to be furnished by the Department of Assessment and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in the Assessor's office on or before the taxable status date. Additionally, proof of any unreimbursed medical expenses must be filed with the Assessor in a manner as, from time to time, may be prescribed by the Department of Assessment. Any person otherwise qualifying under this section shall not be denied the exemption under this section if he or she becomes 65 years of age after the appropriate taxable date and on or before December 31 of the same year. [Amended 12-26-2012 by Ord. No. 2012- 14] (2) An application for such exemption may be filed with the Assessor after the appropriate taxable status 8  date but not later than the last date on which a petition with respect to complaints of assessment may be filed where failure to file a timely application resulted from a death of the applicant's spouse, child, parent, brother or sister or an illness of the applicant or the applicant's spouse, child, parent, brother or sister which actually prevents the applicant from filing on a timely basis, as certified by a licensed physician. The Assessor shall approve or deny such application as if it had been filed on or before the taxable status date. E. At least 60 days prior to the taxable status date, the Department of Assessment shall mail to each person who was granted exemption, pursuant to this section on the latest completed assessment roll, an application form and a notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be granted. Failure to mail any such application form and notice or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. (1) Any person who has been granted exemption pursuant to this section on five consecutive completed assessment rolls, including any years when the exemption was granted to a property owned by a husband and/or wifespouse while both resided in such property, shall not be subject to the requirements Formatted: Font: Italic set forth in Subsection E of this section, and said person shall be mailed an application form and a F. FT notice informing him or her of his or her rights. Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when tax payment is made by such person, a sworn affidavit must be included with such payment which shall state that such person continues to be eligible for such exemption. Such affidavit shall be on a form prescribed by the State Board. If such affidavit is not included with the tax payment, the collecting officer shall proceed pursuant to § 551-a of the New York Real Property Tax Law. [Amended 2-1-1993 by Ord. No. 93-03] Any conviction of having made any willful false statement in the application for such exemption shall G. A be punishable by a fine of not more than $100 and shall disqualify the applicant or applicants from further exemption for a period of five years. Notwithstanding the provisions of § 234-1D and E of this article, the Assessor is authorized to accept applications for renewal of exemptions pursuant to this section after taxable status date. In the event that R the owner or all of the owners of property which has received an exemption pursuant to this section on the preceding assessment roll fail to file the application required pursuant to this section on or before the taxable status date, such owner or owners may file the application, executed as if such application had been filed on or before the taxable status date, with the Assessor on or before the date for the hearing of the complaints. [Added 2-1-1993 by L.L. No. 2-1993] D 9  City of Schenectady, New York RESOLUTION No.: Councilmember offered the following: A Resolution Approving the 2024 Downtown Special Assessment District Budget WHEREAS, the City Council held a public hearing on November 27, 2023 regarding the proposed 2024 Operating Budget for the Downtown Special Assessment District; and WHEREAS, the City Council also reviewed said operating budget and found it appropriate for adoption and approval: NOW, THEREFORE BE IT, FT RESOLVED, that the Mayor, Gary R. McCarthy, and City Council do hereby approve the adoption of the 2024 Operating Budget for the Downtown Special Assessment District for the fiscal year commencing on January 1, 2024, a copy of which is attached hereto; and be it further A RESOLVED, that the Mayor, Gary R. McCarthy, is authorized to execute any and all documents and/or agreements as shall be necessary to permit the Downtown Special Assessment R District to provide the services and functions pursuant to the 2024 Operating Budget. Approved as to form this 11th day of December, 2023. D ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 10  D R 11 A FT  D R 12 A FT  D R 13 A FT  City of Schenectady, New York RESOLUTION No.: Councilmember offered the following: A Resolution Approving the 2024 Upper Union Street Business Improvement District Budget WHEREAS, the City Council held a public hearing on November 27, 2023 regarding the proposed 2024 Operating Budget for the Upper Union Street Business Improvement District (BID); and FT WHEREAS, the City Council also reviewed said operating budget and found it appropriate for adoption and approval: NOW, THEREFORE BE IT RESOLVED, that the Mayor, Gary R. McCarthy, and City Council do hereby approve A the adoption of the 2024 Operating Budget for the Upper Union Street Business Improvement District (BID) for the fiscal year commencing on January 1, 2024, a copy of which is attached hereto; and be it further R RESOLVED, that the Mayor, Gary R. McCarthy, is authorized to execute any and all documents and/or agreements as shall be necessary to permit the Upper Union Street Business Improvement District (BID) to provide the services and functions pursuant to the 2024 Operating Budget. D Approved as to form this 11th day of December, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 14  BUDGET | 2024 INCOME Annual City Assessment.............................................................................................. $46,100.00 EXPENSE Personnel / Contractor...................................................................................................... $14,000.00 Executive Director..............................................................................$12,000.00 Marketing Consultant........................................................................$1,000.00 Accounting / CPA Fees.......................................................................$1,000.00 FT Advertising........................................................................................................................ $5,000.00 Entertainment................................................................................................................... $4,000.00 Tree Lighting..................................................................................... $2,000.00 Trick or Treat …………………………………………………………………………………$2,000.00 A Landscaping.................................................................................................................. $4,000.00 R Beautification.................................................................................................................... $5,000.00 Holiday Decorations........................................................................................................ $1,500.00 D Meetings.......................................................................................................................... Refreshments.................................................................................... $600.00 Misc………………………………………………………………………………………………………………………… Wire fee………………………………………………………………………………………… $70.00 $1,500.00 $1,300.00 NY fees…………………………………………………………………………………………..$50.00 Dues and Subscriptions…………………………………………………………………. $400.00 Quickbooks…………………………………………………………………………………….$180.00 Office Supplies……………………………………………………………………………….$250.00 Printing…………………………………………………………………………………………. $250.00 Incidenals……………………………………………………………………………………… $100.00 Liability / D&O Insurance.................................................................................................. $1,700.00 Snow Removal.................................................................................................................. $6,000.00 Scholarships....................................................................................................................... $2,000.00 15  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Confirming the Appointment of Thomas Bellick and William Nechamen to the City of Schenectady Civilian Police Review Board and Victoria Cooper as a Stand-by Alternate for William Nechamen WHEREAS, the City of Schenectady Civilian Police Review Board currently has two vacancies; and FT WHEREAS, pursuant to Schenectady City Code Section 93-3, Mayor Gary McCarthy has appointed Thomas Bellick and William Nechamen to fill the vacancies and appointed Victoria Cooper as a stand-by alternate for William Nechamen, subject to confirmation by the City Council: NOW, THEREFORE BE IT, A R RESOLVED, that the City Council hereby confirms the appointment of Thomas Bellick and William Nechamen to the City of Schenectady Civilian Police Review Board and Victoria Cooper as a stand-by alternate for William Nechamen. D Approved as to form this 11th day of December, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 1 16  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Amending Resolution 2022-224 to Modify the Time Period for Better Community Neighborhoods, Inc. to Secure Required Financial Commitments WHEREAS, on September 12, 2022, the Schenectady City Council approved Resolution 2022- 224 that, among other things, appropriated $500,000.00 in ARPA funding for Better Community Neighborhood Inc.’s “Hamilton Hill Infill Development” project; and FT WHEREAS, pursuant to the terms of that resolution, Better Community Neighborhood Inc. is required to obtain additional commitments of $8,500,000.00 from other sources within one year of the date of the resolution; and WHEREAS, Better Community Neighborhood Inc. has requested additional time to secure the financial commitments identified hereinabove: NOW, THEREFORE BE IT, A RESOLVED, that the City Council amends Resolution 2022-224 for the project identified R hereinabove by providing a six-month extension to June 4, 2024. D Approved as to form this 11th day of December, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 17  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 463 Hulett Street for $58,000 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL 49.40-4-41; and WHEREAS, there is no municipal use for the property: 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 # 49.40-4-41 to Marvette Fayona Whylie and/or assign for the sum of Fifty-Eight Thousand Dollars ($58,000.00); and be it further A 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 twelve months of purchase, as well as any other terms deemed necessary by the Corporation Counsel. D Approved as to form this 11th day of December, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 18  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 1507 Carrie Street for $90,000.00 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 39.50-3-35; and WHEREAS, there is no municipal use for the property: 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 # 39.50-3-35 to 1507 Carrie Street and/or assign for the sum of Ninety Thousand Dollars ($90,000.00); and be it further A RESOLVED, that the terms of the contract for sale shall include a clause stating that the sale is subject to applicable approvals from the Zoning Board of Appeals and/or the Planning Commission prior to the transfer of title to allow the parcel to be used as a four-unit residential structure, as well as any other terms deemed necessary by the Corporation Counsel. R Approved as to form this 11th day of December, 2023. D ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 19  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 3323 McDonald Avenue for $60,000 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL 60.78-1-3; and WHEREAS, there is no municipal use for the property: 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 # 60.78-1-3 to Ormella Ramsingh and/or assign for the sum of Sixty Thousand Dollars ($60,000.00); and be it further A 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 December, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 20  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Walter G. Fritz WHEREAS, Walter G. Fritz filed a supplement to claim (2023-010) with the City of Schenectady; and WHEREAS, the City Council previously approved a settlement of claim 2023-010 on June 26, 2023 by Resolution 2023-128; and FT WHEREAS, the Office of the Corporation Counsel has recommended that it would be in the best interest of the City to settle the supplemental claim to this matter; and WHEREAS, the settlement proposal was accepted by the City Claims Committee: NOW, THEREFORE BE IT, A RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a R supplemental settlement with Walter G. Fritz to settle the claim for $146.00, the terms of which shall be set by the Corporation Counsel. D Approved as to form this 11th day of December, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel 21