City Council
Regular MeetingSchenectady, NY · November 12, 2024
Minutes
Howard B. Halstead
Melissa A. Engler
Avenue Home: 518-
Email: mailto:halstead@ie
ee.org
Subject: City of Schenectady garbage fees
My wife and I have lived in the Woodlawn neighborhood of the City of Schenectady since 1986.
One thing we discovered as a benefit was that the City has done
an excellent job with picking up our trash. As a leader in the
Schenectady Chapter of the ADK, we organized annual cleanup
events along the Mohawk-Hudson Bike-Hike trail in the city. See
picture from 2005 – plenty of trash to clean up.
The last thing we want to see is the waste collection to start nickel and diming residents of the
City of Schenectady. We are not a rich suburb; we have residents
that will avoid any fees by finding unlit / quiet streets in the city to
dump their trash. See picture taken October 24, 2024 with one of
a couple tires dumped along Cheswick Ave. We need to do
everything we can to encourage residents to put their trash out at
the curb – it’s a quality-of-life issue!
Please note that even with the existing trash collection policy, we have side streets near us
where folks dump trash. This trash is mostly something that could be picked up now – only
issue is tires. Honestly, the NYS tire law messed up, they should have charged a deposit (like
with bottles and batteries) and we would have tires dumped in various locations today because
scavengers” would collect the tires for the deposit! Let’ s not go backwards and attempt to
charge a fee for too many bags, furniture, appliances, etc.
Please do whatever is required including increasing the annual tax to continue the existing
level of service regarding trash pickup. The last thing we want is more needless trash dumped
off side streets in our neighborhoods!
Samanta R. Mykoo
From: John Mootooveren
Sent: Thursday, October 24, 2024 4:00 PM
To: Samanta R. Mykoo; Gary McCarthy; Marion Porterfield; Paul Lafond
Subject: Fw: Trash
See below email.
Thank you,
John Mootooveren
Councilman, Majority Leader
From: Debbie Schneiderwind <
Sent: Thursday, October 24, 2024 3:38 PM
To: John Mootooveren <JMootooveren@schenectadyny. gov>
Subject: Trash
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
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Hello,
My husband and I are not able to attend the city council planning meeting on Nov.12. However, we both strongly
disagree with the proposed changes! We have zero savings and live on limited. Social security. We raised seven
children and now are working to reduce the years of excess. This home ( has been in our family
since 1918. We would love to pare down reasonably. There is no more money to pay for disposal. Please!! don’t
become more strict and don’t charge more! We have no more money to pay for trash. We are not piggish yet are
working to downsize reasonably. If you institute a fee schedule we will be forced to house worn furniture
and appliances. We pay our taxes and do not want garbage limits.
Sincerely,
Harold and Debbie Schneiderwind
Sent from my iPhone
1
Samanta R. Mykoo
From: Vincent Riggi <
Sent: Sunday, November 10, 2024 11:00 PM
To: Samanta R. Mykoo
Subject: Fw: To be read into the record for public hearing re: waste disposal
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
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Hi Sam, can this please be read into the record for Tuesday's public hearing?
Thanks, Vince
Madam President and council members,
I would like to express my opinion on the proposed changes in waste disposal for city residents. By limiting the amount of waste a
household can place at the curb will lead to more litter than we have right now, leading to more demand on the city's limited
resources. Many households like ours of 2, do not generate much waste so my question is, can we bank the gallons of waste that we
do not produce weekly? If this change is adopted, and we are allowed 91 gallons per week, I think it would be only fair for a
household to bank the unused weekly gallons in case of a household clean up, a party or in the case of Bellevue this past week
having 4 days added to our normal pickup due to 2 holidays. When the trash fee was adopted by the city council 20 years ago the
premise was sold to the council by the administration proclaiming that the city will remove anything legal by city code placed at the
curb. Now for 2025, residents will be charged with higher fees, and if this code change is adopted we will be limited to the amount
that we can put at the curb, along with charges for extra gallons along with white goods pickup, a true example of "shrinkflation",
paying more and getting less!
Another logical fear is people being over the gallon limit placing their trash or white goods in front of others residents homes
creating a logistical nightmare. I realize that there are chronic abusers of the current system, but why should the majority of
residential properties be penalized?
Madam President and council members, I respectfully ask this body to reject the proposed code change in its entirety.
Vince Riggi
1
Samanta R. Mykoo
From: Albert Cappadozy <
Sent: Tuesday, November 12, 2024 9:16 AM
To: John Mootooveren; Samanta R. Mykoo
Subject: revised garbage fees
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear Sir:
First and most importantly, I would like to say that I am in favor of additional fees for picking up some
of the extraordinary amounts of trash/ garbage/ waste etc. that are left at the curb.
I thought you raised a particularly salient point according to the reporting in the schenectady gazette, as
follows:
Councilman John Mootooveren asked LaFond if a resident would be in compliance if they put out
one garbage can with four bags and another containing three bags. LaFond replied that the resident
would not be in compliance, with either one can or seven total bags allowable."
If Mr. LaFond's response was correctly reported then he would seem to be advocating for people to
leave trash bags on the curb rather than put the bags in a container. If that is the City's position I think
it is wrong. I have no problem with the idea of 7 bags (I assume this is 7 13 gallon trash
bags). However, the idea of one 45 gallon can being equal to seven trash bags seems incorrect. Seven
13 gallon bags at 13 gallons each equals 91 gallons, which is essentially equal to two 45 gallon cans.
Also, I disagree with the entire idea that placing trash bags at the curb is a good idea, I believe that all
trash should be in cans - bags blow around in the wind, are disturbed, or opened by scavengers and/ or
animals. In any event the appearance of the city streets lined with trash bags does little for the
appearance. If there is a concern for the cost of obtaining the cans by residents, make it the
responsibility of the the landlord to provide them.
Finally, if you make the computations based on Mr. Lafond's own computation as quoted in the
gazette " In response to a council query about how the administration landed on the seven-bag limit,
LaFond cited Environmental Protection Agency statistics that the average person generates roughly 4.9
pounds per person of municipal waste per day, or approximately six bags per week for a household."
you will realize that a limit of one can doesn't work.. See the references that follow should you wish to
convert the 4.9 pounds per person to gallons, which I did. You will see that the 4.9 pounds per day
converts to a bit over 100 gallons for a seven day period ( two 45 gallon cans).
https:// www.grangerwasteservices.com/ how-much-does-my-trash-weigh/
https:// keeplouisianabeautiful.org/ wp-content/ uploads/ 2018/ 06/ Weight-Conversion-Chart.pdf
https:// www.inchcalculator.com/ convert/ gallon-to-cubic-yard/
1
I won;t even get into the case of the occasional eight or nine day collection cycles and the cost of
policing the entire matter. I personally would consider simplifying the entire issue by attaching a fee
based on anything left at the curb that is not in a container with the lid closed. I would have a
maximum container size of 45 gallons
I appreciate your consideration to my views.
thank you
2
Samanta R. Mykoo
From: Marion Porterfield
Sent: Friday, November 08, 2024 2:17 PM
To: Samanta R. Mykoo
Subject: Fw: Trash collection
FYI
Marion Porterfield
Schenectady City Council President
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information is strictly prohibited.
From: DEBORAH A Montana <
Sent: Tuesday, October 22, 2024 11:17 AM
To: Marion Porterfield <MPorterfield@schenectadyny.gov>
Subject: Trash collection
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Dear Ms. Porterfield,
I have been a resident of Schenectady most recently since 2009. My family takes pride in our home, property and
neighborhood of Central Park Estates. We as loyal residence and taxpaying citizens do our best to abide by city
rules and ordinances including those associated with city trash and recycling pick-up. Time and again we have
noticed that our recycling has been mixed in with trash during pick up. This practice is disturbing to my family and
neighbors. As we work to reduce waste into our landfill and recycle as much as possible given the city guidelines,
our efforts are disregarded as city workers dump our carefully cleaned and separated recycled items in with the
city trash. Recycling in Schenectady is a farce. As we read most recently that there is a proposal for our trash fee
to increase we ask that this practice be investigated and corrected. We care about our community and do our best
to work toward a healthier environment. I would appreciate your response and look forward to hearing how you
intend to correct this matter. Thank you. Deb Montana
1
Samanta R. Mykoo
From: John Mootooveren
Sent: Friday, November 01, 2024 5:12 PM
To: Samanta R. Mykoo; Gary McCarthy; Paul Lafond; Michelle Carr
Subject: Fw: Proposed Garbage Fee
Follow Up Flag: Follow up
Flag Status: Flagged
FYI
Thank you,
John Mootooveren
Councilman, Majority Leader
From: Budhan Ramcharan <
Sent: Friday, November 1, 2024 12:29 PM
To: Joseph Mancini <JMancini@schenectadyny.gov>; John Mootooveren
JMootooveren@schenectadyny. gov>; Carmel Patrick <CPatrick@schenectadyny.gov>; Carl Williams
CWilliams@schenectadyny.gov>; Damonni Farley <DFarley@schenectadyny.gov>; Doreen M. Ditoro
DDitoro@schenectadyny.gov>; Marion Porterfield <MPorterfield@schenectadyny. gov>
Subject: Re: Proposed Garbage Fee
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear Council Members,
I am reaching out to you again, this time to express my frustration with the approval of the 2025 budget,
which includes an increase in property taxes and additional fees for garbage removal. As a resident, who
has spoken to neighbors, family members and close friends about these increases, we feel that as
taxpayers, who are funding our local government, that we are not being heard by our elected officials, to
our opposition of the property tax hike and additional fee for garbage removal.
In the October 24th edition of the Daily Gazette, new information was presented by Mr. LaFond on the
process new process for waste collection, after reading his response, there are a series of questions that
arose, that I feel, the Council should have asked prior to approving the budget:
1. Mr. LaFond indicated that residents will be allowed up to seven 13 gallon bags, equaling no more than
70 pounds. The question that I have, and many others that I have spoken with are:
How will residents know that they have met their 70 pound limit, without triggering an additional fee?
Will residents need to weigh their garbage for accuracy?
1
How will the city track which residents have exceeded the 70 pounds limit? This would require
sanitation workers to weigh each resident garage upon pick-up, to accurately determine weight.
2. When asked by Councilman Mootooveren, would residents remain in compliance, if they have 4 bags
in one garage container, and 3 bags in another container, Mr.LaFond indicated that residents would not
be in compliance. As Mr. LaFond indicated, residents either need a 45 gallon container, or place their
garage on the curb in garage bags. It appears that Mr.LaFond may be out-of-touch with the city, if
residents were to place their garage in regular bags on the curb, the garage is easily accessible for
animals such as squirrels, raccoons, possum and deer to scour through, this is particularly true for
district 5, which covers the Goosehill area of the city, this is a particularly wooded area of the city. It
would be logical to allow for residents to store their garage in multiple containers, equalling 7 bags - this
would allow the garage to be protected from animals.
3. The goal for the change and garage increase is to deter residents who are placing tubs,beds and other
large items for pick-up. It would be logical for the city to issue additional fees to these residents, rather
than changing the entire system, which seems to penalize residents who are not engaging with placing
these large, bulky items. From a taxpayer vantage point, this move appears to be a "money-grab" in order
for the city to cover its deficit.
Lastly, it appears that the city does not have an implementation plan. It is astounding that an
implementation plan was not presented, in order for this portion of the budget to be approved.
Thank you,
Budhan Ramcharan
On Mon, Oct 21, 2024 at 4:04 PM Budhan Ramcharan < wrote:
Dear Council Members,
My name is Budhan Ramcharan, and I am contacting you to express my grievances regarding the
Mayor's proposal for 2025, specifically an additional fee for waste management services.
While I understand the deficit in the budget as it pertains to waste management, as a resident and
taxpayer of Schenectady, I have a several reservations regarding the Mayor's proposal:
1. Residents are already paying high property and school taxes, compared to neighboring counties.
2. The additional fee will financially impact low-income residents, who are already struggling.
3. For residents who are renters, there is a potential of a rent increase, to cover the additional cost.
4. For large households, for example, a family of six, as proposed, one garbage bin will not
accommodate that household, thus, placing an additional financial hardship to the family budget.
2
5. If the City decides to move away from the current waste removal of unlimited disposal, I believe, the
City services in this area are not in the best interest of its residents, and I believe just compensation to
residents should be a topic of discussion, in the form of property tax deduction.
Lastly, on a personal note, Schenectady has been a great City to reside in for the past twenty-three
years, and even raised my family in Schenectady. The continued increased cost of living and increased
fees, and proposals such as the Mayor's, is making it tougher to raise a family and remain in
Schenectady, a place that I have called home since 2001.
I want to thank you for your time and consideration.
Sincerely,
Budhan Ramcharan
3
Samanta R. Mykoo
From: Louise Gundrum <
Sent: Monday, October 28, 2024 6:23 AM
To: Doreen M. Ditoro; Carl Williams; John Mootooveren; Damonni Farley; Marion
Porterfield; Carmel Patrick; Joseph Mancini; Samanta R. Mykoo;
gmcarthy@schenectadyny.gov
Cc: Louise Gundrum; Darren Gundrum
Subject: Nov 12th Public Hearing on proposed restructure of garbage collection and fees
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear City Council Members, Mayor McCarthy, Clerk of the Council,
We are unable to attend the Nov 12th public hearing and would like to express our concern about the
proposal.
Especially this year with taxes being increased, we are reminded that our current garbage collection
process and broad acceptance of amounts of garbage is a perk to living on Schenectady. That along with
our water fee makes the high taxes palatable.
We question several aspects of this proposal-
1) How will it be enforced equally across the entire city, ensuring our poorer neighborhoods are not
targeted? The proposal says MAY BE CITED... who decides? Are we turning neighbor against neighbor for
reporting?
2) How will households be assessed according to the number of people in the house? And that is
absurd, to begin with. Are we going to be BIG BROTHER and monitor households (sorry but this sounds
like TRUMP)
3) What about various Holidays across the city where people have parties and entertain, thereby
generating more garbage?
4) Are you going to have to hire more code enforcement personnel, driving costs up -payroll and
benefits- to fine city residents?
5) We don't have 45 gallon cans, is the city going to purchase them for me? Right now we use 2 cans
and 1 recycle.
6) If we leave food garbage on the curb rather than in cans, the squirrels and raccoons have a feast!
Yes, there are people who abuse the system, and there are those who do not, and there are those like us
who occasionally clean out an attic or cellar and have a lot of garbage, but it is properly bagged and
placed on the curb. Once, we were in error and were cited, and promptly paid the fine when the error
was pointed out. That should continue.
Trying to get to city hall for stickers to have certain items disposed of is time consuming and difficult for
people who work, unless you are going to be open one evening, plus an early morning, a week for this to
happen.
We sincerely ask that you reconsider this proposal, especially when there is no true way to enforce it
every week across every neighborhood in the city, which would be the only equitable way.
1
Louise and Darren Gundrum
Please confirm receipt of this email, thank you.
2
Outlook
Fwd: Garbage draft
From Samanta R. Mykoo <SMykoo@schenectadyny.gov>
Date Fri 11/ 15/2024 1:03 AM
To Ekram Phanisnaraine < EPhanisnaraine@schenectadyny.gov>
Sent from my iPhone
Begin forwarded message:
From: John Mootooveren <JMootooveren@schenectadyny.gov>
Date: November 14, 2024 at 5:55:31 PM EST
To: "Samanta R. Mykoo" <SMykoo@schenectadyny.gov>
Subject: Fw: Garbage draft
Sam,
Please add to our discussion.
Thank you,
John Mootooveren
Councilman, Majority Leader
From: Debbie Schneiderwind <
Sent: Thursday, November 14, 2024 3:54 PM
To: John Mootooveren <JMootooveren@schenectadyny.gov>
Cc:
Subject: Garbage dra
11/15/24, 4:04 PM Mail - Ekram Phanisnaraine - Outlook
inspection to prove our house is only occupied by us, though it is a two family, is invasive
and assuming we lie.
Secondly, many of us in Schenectady are on Social Security alone and have no savings or
other income. The proposed garbage fees are too much.
Getting to City Hall, paying for parking, walking back to the car to put the ticket inside,
walking halfway around the building and down a long hall, going upstairs and down a hall
again, then standing to pay for and receive a garbage sticker, then do a reverse walk is too
much! I have a handicap placard because of permanent medical trouble. My husband has
dementia and is blind. How can we do this? Would you at least make it possible for us to go
to the public works building to buy stickers? Parking is much easier and the first floor is
more accessible.
How are we able, in a month and a half, to rid ourselves of things accumulated over
lifetimes?
We do not live in squalor by any means but at the same time we are not able to rid
ourselves of things we may no longer need, at a rapid pace. Many things we would like to
keep, such as twin beds for grandchildren, if they come to visit, are now in question to avoid
future fees.
Though I realize your concern about costs, can’t there be exemptions, or help? Must the
changes be so rapid and strict? Can’t cost reductions be made elsewhere? I suggest that the
planters and flowers at street corners be eliminated as one way to save. Banners, flower
baskets, and holiday lights are another.
Though I’m frustrated, and struggling, I am respectful of your position as councilman. Thank
you for your time reading my email and letting me voice my thoughts. I do appreciate the
time you are investing.
Sincerely,
Debbie Schneiderwind
Sent from my iPhone
https://outlook.office365.com/mail/inbox/id/AAMkADBmZWZhZGY1LTlhMTUtNGRiMS04ZGU0LTQ4NjZjN2EwMGZlZgBGAAAAAADqnwsfqgyzS7nTm… 2/2
**Speech to Schenectady Common Council by Local 1037 President Joe Anderson**
Good evening, members of the Schenectady Common Council, Mayor, and Commissioner.
My name is Joe Anderson, and I am the President of Local 1037. I stand before you today to
address a matter that deeply affects our community—specifically, the proposed charges
for waste bag fees for our residents.
As we all know, many of our residents are facing significant financial challenges. A
considerable portion of our community relies on assistance to make ends meet.
Introducing a fee structure that charges residents for waste bags could impose an
additional burden on those who are already struggling. While the proposed fee of $2.50 per
bag may seem reasonable to some, we must consider the broader implications of such a
policy. For many families, every dollar counts, and this fee could mean the difference
between affording basic necessities or not.
I understand that the Council, the Mayor, and the Commissioner have raised valid
concerns regarding the so-called "jackpots"—those larger items that require special
attention during waste collection. We all recognize that these items pose a challenge for
our Labor Loaders, who work tirelessly to keep our city clean and safe. However, rather
than imposing fees that could further strain our residents, I urge you to explore alternative
solutions that address these concerns without penalizing those who are already
vulnerable.
One suggestion that has been put forth is for residents to travel to City Hall to purchase
stickers for the pickup of these larger items. While this may seem like a straightforward
solution, we must acknowledge that many residents struggle with the costs associated
with travel, not to mention the time and effort required to navigate city processes. This
approach could inadvertently create barriers for those who need assistance the most.
Instead, I propose that we consider implementing a service called "Municipay," offered by
Auto Agent Data Solutions LLC or a similar service. This platform allows residents to select
items they need picked up and pay for the service online. By adopting this system, we can
streamline the process for addressing "jackpots" while also generating revenue for the city.
This solution not only simplifies the experience for residents but also ensures that we are
not placing additional financial burdens on those who are already facing hardships.
Furthermore, this proposal can work in tandem with the Mayor’s budget proposal of a $1
per week or $52 per year increase in waste collection fees for non-tax-exempt properties.
This modest increase in revenue will help offset the rising costs associated with waste
collection. We support this increase and encourage the exploration of other options to
enhance revenues or reduce costs related to waste collection for the city.
In conclusion, I urge the Council to reconsider the proposed waste bag fees and explore
more equitable solutions that prioritize the well-being of our residents. Let us work together
to find a path forward that addresses the challenges of waste collection while ensuring that
our community members are not left behind.
Thank you for your time and consideration.
Agenda
OFFICE OF CITY CLERK
SCHENECTADY, NEW YORK
AGENDA FOR
THE COUNCIL CAUCUS
AND
THE CITY COUNCIL MEETING
Tuesday, November 12, 2024
Room 209
7:00 p.m.
PUBLIC HEARING
001 Regarding RESTORE New York Grant
Application for the former St. Clare's Hospital,
600 McClellan Street, Schenectady, New York
PUBLIC HEARING
002 Regarding Amending Certain Provisions of
Chapter 161 of the Schenectady City Code
Entitled "Garbage, Rubbish, and Refuse"
FINAL CONSIDERATION
01 Council Member AN ORDINANCE To Amend Section 248-11 of
Chapter 248. The City of Schenectady Will
Address Traffic Safety by Installing Traffic
Calming Measures on City Streets to Reduce
Speeds on Designated Public Streets as
Identified by the City Engineer and the
Schenectady City Council
Votes Required 4
FINAL CONSIDERATION
02 Council Member AN ORDINANCE to Amend Section 124-13.
Article IV, of the Schenectady City Code Alarm
System Regulations
Votes Required 4
1
Friday, November 08, 2024 Page 1 of 2
Tuesday, November 12, 2024
Room 209
7:00 p.m.
ORIGINAL CONSIDERATION
03 Council Member A RESOLUTION Authorizing the Mayor to
Accept a $206,046 Grant from the New York
State Division of Homeland Security and
Emergency Services for the Schenectady
Police Department
Votes Required 4
ORIGINAL CONSIDERATION
04 Council Member A RESOLUTION Establishing a Temporary
Moratorium Until February 11, 2025, on the
Submission on Processing of Building Permits,
Certificates on Occupancy, Certificates of Use
and Land Use Approvals of Cannabis
Establishments within the City of Schenectady
Votes Required 4
ORIGINAL CONSIDERATION
05 Council Member A RESOLUTION Confirming the Appointment
of Philip Kaufman to the Schenectady
Municipal Golf Course Advisory Committee
Votes Required 4
ORIGINAL CONSIDERATION
06 Council Member A RESOLUTION Authorizing the Withdrawal of
1710 Eastern Parkway from Foreclosure
Votes Required 4
2
Friday, November 08, 2024 Page 2 of 2
CITY OF SCHENECTADY
LEGISLATIVE REQUEST FORM
COMMITTEE ASSIGNMENT: City Development and Planning
DATE: 10/17/2024
TO: City Council
FROM: Gary McCarthy
SUBJECT: RESTORE NY grant application
BACKGROUND INFORMATION:
An additional round of Restore NY funding has been released through Empire State
Development. Restore NY funding is to be used to demolish or renovate large structures that
have a major impact on a community’s economic prosperity.
The former St. Clare’s Hospital is a very good candidate for funding. This 400,000 square foot
building will be rehabilitated to provide approximately 250 apartments with on-site daycare and
proximity to Central Park and Market 32.
Metroplex will work closely with the City of Schenectady to prepare the best, most competitive
application possible. Applications are due by December 20th, 2024. The Restore NY application
process requires the City Council to hold a public hearing and pass a municipal resolution
supporting the application prior to submission of the grant application. To meet the due date, we
have outlined the following schedule:
• October 21st Committee Meeting
Action: Call for Public Hearing
• October 28th City Council Meeting
Action: Vote on Call for Public Hearing request
• October 30th, 31st, and November 1st
Public Hearing Notice Published in Daily Gazette
• November 4th Committee Meeting
Action: Reminder of Public Hearing to be held on November 12th
• November 12th City Council Meeting
Action: Hold Public Hearing
3
• November 18th Committee Meeting
Action: Review Public Hearing comments and proposed resolution supporting Restore
NY application
• November 25th City Council Meeting
Action: Vote on resolution of support to be included in the grant application
• (on or before) December 13th
Submit application to Empire State Development
To meet this schedule, we respectfully ask that a resolution calling for a public hearing be
included on the agenda for the October 28th City Council Meeting.
EVALUATION/ANALYSIS:
Renovating the former St. Clare’s Hospital is an excellent project for a Restore NY funding
application.
RECOMMENDATION:
To call for a public hearing on the Metroplex Restore NY Round 9 grant application, to be held
at the November 12th, 2024 City Council Meeting.
LEGISLATION WILL BE PREPARED BY:
4
CITY COUNCIL
SCHENECTADY, NEW YORK
ORDINANCE NO.
Councilmember offered the following:
An Ordinance to Amend Certain Provisions of Chapter 161 of the Schenectady City Code Entitled
“Garbage, Rubbish and Refuse.”
FT
The Schenectady City Council in regular meeting convened, ordains as follows:
Section 1. Purpose: the Schenectady City Council has reviewed Chapter 161 of the Schenectady City
Code to update certain provisions of the Chapter to reflect new means and methods of waste collection
for the City and to set fee schedules to reflect to the costs to the City for waste collection. The following
provisions of Chapter 161 are amended as indicated:
RA
[Material in brackets is deleted.]
Underlined and highlighted material is added.
Section 2.
Section 161-4 H. Garbage and nonrecyclable rubbish.
1. [Each person shall purchase and use clear or translucent refuse bags for the disposal of garbage and
nonrecyclable rubbish.]
D
2. [Garbage and nonrecyclable refuse shall not be placed at the curb for pickup unless it is in a clear or
translucent refuse bag. Refuse placed in a dumpster or trash can must be first placed in a translucent or
clear refuse bag. There is one exception to this requirement:]
[ a. There are items of garbage and nonrecyclable rubbish which are not appropriate to place in or
which do not fit into a refuse bag. These items should be taken to the waste transfer station for disposal
or the Department of Solid Waste should be called for instruction.]
1. All residential solid waste shall be placed in plastic refuse bags tied at the top for collection whether
placed in placed in plastic or galvanized steel garbage containers or placed separately at the curb.
Containers shall be no less than ten gallons and no more than 45 gallons in size.
2. Residential solid waste shall be placed in no more than one container or in no more than seven 13-
gallon plastic bags with a total weight of no more than seventy-five pounds (75) per premises per
collection week. Residential solid waste not fitting within the container, or seven plastic bags and with a
total weight of more than 75 pounds per premises shall be considered Excess.
5
3. It shall be a violation of this chapter for any person to place for collection any garbage or
nonrecyclable rubbish which contains any recyclable.
4. Persons who utilize the transfer facility for disposal of nonrecyclable rubbish shall be required to
obtain an annual permit from the City of Schenectady. The Director of Solid Waste shall have the
authority to refuse to accept any garbage or nonrecyclable rubbish from a person who brings it to the
transfer facility in a nonpermitted vehicle.
5. The Director of Solid Waste shall have the authority to refuse to accept any garbage or nonrecyclable
rubbish hauled to the transfer facility if the garbage or nonrecyclable rubbish contains mandated
recyclables.
Section 161-4 N. Penalties for offenses by private property owners and occupants.
(1) There shall be a grace period [of 90 days] following the [implementation] effective date [of this] to
the amendments of this chapter, [November 15, 1992,] when there shall only be verbal and written
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warnings issued to violators of this chapter. During the time period time period from the effective date
of the amendments to this Chapter, January 1, 2025, to the enforcement date of April 1, 2025, there shall
be an intensive program of notification and education on the amended procedures and associated fees.
The Commissioner of General Services shall report to the Schenectady City Council on the effectiveness
of the education and notification effort no later than May 15, 2025.
Section 3.
Article III Solid Waste Transfer Station; Disposal Facility
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Section 161-8 Fees
City residents, noncommercial use.
[Added 2-14-1994 by Ord. No. 94-02]
B.
1.City residents may use the transfer station [free of charge] per the fee schedule set by the Operator for
disposal of household refuse, provided that it is of an acceptable type and properly processed. For
example, tree limbs must be less than four inches in diameter and not over four feet in length. (See
Section 161-6, Prohibited materials.) Questions regarding type of material acceptable can be answered
by calling the transfer station.
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2. [City residents' vehicles will not be weighed and will be required to use the car dump area.] Transfer
personnel will be available to assist as to where and how to deposit refuse.
3. City residents will be required to obey all of the rules and regulations and conditions as outlined in
Article II of this Chapter 161.
4. City residents will not be required to obtain a license but must show proof of residence within the City
limits by a driver's license and one other form of identification. All refuse disposed of must be generated
from within the incorporated limits of the City of Schenectady.
Section 4.
Article V. Fee-Based System for Collection of Solid Waste and Recyclables.
Section 161-21. Public collection and disposal of solid waste.
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A. The Department shall collect and dispose of all residential solid waste (including institutional, mixed
residential and multiple residential users electing to receive and which qualify for City solid waste
collection service) originating in the City, and as further limited by this article, all solid waste from such
commercial uses as may elect and qualify to receive City solid waste collection services. Such solid
waste shall be stored and prepared for collection by property owners and occupants in accordance with
the provisions of this article. The depositing for City collection of solid waste not originating in the City
is prohibited, except as authorized by ARTICLES III and IV of this Chapter. Persons depositing solid
waste in the City in violation of Section shall be subject to prosecution and the penalties set forth in
Sections 161-26 A and D of this Section.
B. At the discretion of the Commissioner of General Services, the Department may collect and dispose
of commercial, institutional, multiple residence and mixed residential use solid waste originating in the
City if the Commissioner determines that collection from such users can be accomplished using existing
staff and equipment and without compromising the services provided by the City to residential uses. The
Department shall not collect industrial, infectious or hazardous waste.
(1) All residential solid waste shall be placed in plastic refuse bags tied at the top for collection
whether placed in plastic or galvanized steel garbage containers or placed separately at the curb.
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Containers shall be no less than ten gallons and no more than 45 gallons in size.
(2) Residential solid waste shall be placed in no more than one container or in no more than seven
13-gallon bags with a total weight of no more than seventy-five pounds (75) per premises per
collection week. Residential solid waste not fitting within the container, or seven plastic bags
and with a weight of more than seventy-five (75) pounds shall be considered Excess. Excess
residential solid waste shall be subject to separate collection requirements and fees as set forth
paragraph D below.
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C. The Commissioner may promulgate regulations covering the items of collection of solid waste and
the fees charged therefor, and such other matters pertaining to the public collection and disposal of solid
waste as he/she may deem necessary, provided that such regulations are not contrary to the provisions
hereof.
D. [Except as provided within this chapter, the City shall collect residential solid waste originating in
the City as defined by this chapter once each week. The City shall collect white goods originating in the
City as defined by this chapter once each month, on the third solid waste pickup day for each garbage
district. All other collections will be made at a frequency determined by the Commissioner to be
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necessary consistent with public health.
[Amended 3-13-2023 by Ord. No. 2023-04]]
D. Excess Residential Solid Waste or Bulky Items:
1. Excess Solid Waste or bulky items collected at each property shall be subject to the following
fees:
White Goods, including, but not limited to stoves, dishwashers, dryers, and washers shall be
collected by affixing a solid waste sticker(s) to the item(s) and collected per the schedule and fees set by
the Commissioner of General Services.
2. A. Household items, including but not limited to: Furniture, couches, chairs, tables, carpets,
bookcases, mattresses, beds, outdoor furniture shall be collected by affixing a solid waste(s) to the
item(s) and collected per the regular collection schedule set by the Department of General Services and
the following fee schedule:
Mattresses, beds, couches: $15.00 per item.
Tables, chairs, outdoor furniture, miscellaneous furniture; $10.00 per item.
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Carpet rolls (3 feet in length) $ 5.00 per roll.
Window Air Conditioner: $15.00.
Grill: $10.00.
B. Such other listed items of Excess Residential Solid Waste per the published fee schedule set by
the Commissioner of General Services.
3. A. Property owners or occupants may purchase Excess Residential Solid Waste Stickers to affix to
individual items of Excess Residential Solid Waste or Bulky items in denominations of five dollars
($5.00) per sticker Stickers will be available for purchase at the City Clerk’s Office or in the
Department of General Services Office.
B. Each property owner will be issued three Excess Residential Solid Waste Stickers each
calendar year to be included in the January property tax bill commencing in calendar year 2025.
E. All residential users (excepting institutional residential users which do not elect to receive City waste
collection services) will be provided with waste collection services by the City and shall pay for such
services at the rates herein prescribed.
F. Commercial, institutional, multiple residential and mixed residential users, excepting those which
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elect to receive and are approved to receive City solid waste collection services, must provide for the
lawful collection and disposal of solid waste and recyclables and must establish to the satisfaction of the
Commissioner that a licensed commercial solid waste and/or recyclable collector is providing collection
and disposal services for the user and that solid waste collection is being made at a frequency
determined by the Commissioner to be consistent with public health requirements. Failure to provide for
adequate collection and disposal services or to provide satisfactory proof to the Commissioner shall
constitute a violation and shall be subject to the penalties provided by Chapter 1, Article I, Section 1-
14.1.
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G. The Commissioner is authorized, after a time/volume study has been conducted of a mixed-
residential, multiple residential, commercial and/or institutional use parcel, to enter into service
agreements with such entities for the collection of solid waste and to assess a fee for collection services
for that parcel based upon the amount of solid waste generated, consistent with the user fees prescribed
by this chapter and adopted annually by resolution of the City.
H.
Section 161-22. Unpaid Waste Collection Fees.
Unpaid waste collection fees shall be the personal liability of the owner and shall be a lien upon the real
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property in connection with which solid waste collection is offered as and from the 30th day of the
month following the billing date for each quarterly installment and such indebtedness shall be subject to
sale or assignment by the City to the extent permitted by law.
Section 161-23 Discontinuing service following non-payment of waste collection fees.
The Commissioner may order the discontinuance of a multiple residence, mixed-use residence,
institutional and/or commercial user's public collection service when, after due notice, the user has not
paid user fees upon direct billing by the City or after such delinquent fees have become a lien upon the
real property. Upon discontinuance of public collection service for nonpayment of user fees, the user
must establish to the satisfaction of the Commissioner that a licensed commercial solid waste and/or
recyclable collector will service the user.
The Director of Finance shall establish and maintain a separate solid waste collection fund to record and
control the financial activity related to the provisions of solid waste collection by the City. This fund
shall be maintained on the same fiscal year as that of the City. Each year the Mayor, at the time of the
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submission of the annual budget estimate to the City Council, shall submit a statement of estimated
revenues, expenditures and changes in the fund as well as the fund balance for the current fiscal year,
together with an estimate of expenditures for the next fiscal year. The Mayor shall also, at the same
time, recommend a basic rate sufficient to meet the estimated expenditures for the next fiscal year,
taking into consideration the estimated surplus or deficit accruing from the fund operations in the current
year and other sources of revenue.
Section 161-25 Solid waste collection fees.
Section 161-24. Annual determination of fees.
1. The Mayor as a part of the budget process shall propose the fees charged by the City for solid waste
collection and disposal services annually. A schedule of the annual collection fees shall be approved by
the City Council by resolution and maintained on file in the Commissioner's office and in the office of
the City Clerk.
2. Fees assessed for solid waste collection services provided by the City shall not exceed the full cost
of providing said service. Any surplus of funds in any year shall be carried over to the following year
and shall be used solely to fund solid waste collection services provided by the City.
Section 161-25. Exemptions.
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1. Any person who because of age or disability shall qualify for exemption from City real property taxes
pursuant to Chapter 234, Article I, Section 234-1, and is an owner and occupant of any premises
receiving waste collection services provided pursuant to this article, shall be charged a reduced fee for
solid waste collection and disposal services in the total sum of [100] $137.
2. Any residential user eligible for STAR tax exemption from City real property taxes, upon
demonstrating that only one unit of a two- or three-unit residential parcel is occupied as their residence,
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all other units being permanently vacant, after certification to the Commissioner and inspection,
pursuant to regulations promulgated by the Commissioner and approved by resolution of the City
Council, shall pay only the annual base unit fee.
C. For-profit mixed residential, Multi residential and commercial users: The annual fee shall be based
upon Council. The Commissioner, consistent with the formula adopted by the City Council, is
authorized to negotiate fees pursuant to Section 161-21G of this article, based on volume and time
requirements for collection, provided that such fees shall in all instances cover at a minimum the costs of
providing the service.
Section 5.
D
Section 161-26 Penalties for Offenses.
A. Failure to comply with the terms of this chapter shall be a violation as defined by the Penal Law of
the State of New York and shall be punishable by a fine not exceeding $1,000 or imprisonment not
exceeding 15 days for each day of violation, or by both such fine and imprisonment, or by a penalty of
not less than $350 nor more than $1,000 for each day of violation to be recovered by the City in a civil
action.
B. A separate offense shall be deemed committed on each day during or on which noncompliance with
the terms of this chapter occurs or continues unabated after the time limit set for abatement of the
violation.
C. Any person issued a notice of violation pursuant to any provision of this chapter shall be subject to an
administrative fee of $50, and such administrative fee shall be charged against the land upon which the
notice of violation was issued as a municipal lien or such administrative fee shall be added to the tax
rolls as an assessment or levied as a special tax against said property or recovered in a civil suit against
9
the person to which the notice of violation was issued.
D. The depositing for public collection of solid waste not originating in the City shall be considered an
unclassified misdemeanor with a fine up to $1,000 and/or imprisonment up to 180 days per occurrence.
Section 6.
This Ordinance shall take effect January 1, 2025.
Approved as to Form:
____November 2024
___________________
Maxine Barasch, Esq.
Corporation Counsel
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CITY OF SCHENECTADY
TRASH/BULK ITEMS
CHARGE & PICK-UP TICKET
Waste Collection Pick-Up Schedule
Address:
S.B.L. -
Account #
Property Owner:
Pick-Up Date:
Work: Remove Bulk Item(s) and/or Additional Trash per Local Law #
Base rate includes upto seven (7) 13 gallon trash bags or TOTAL
one (1) 45 gallon trash can per residental unit:
(for each additional bag a rate of $2.50 per bag applies) $ -
Refrigerator, Freezer
Dryer
Dishwasher
Item
Trash Bags (in excess of 7)
Window Air Conditioner
Washer
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$ 2.50
$ 15.00
$ 15.00
$ 15.00
$ 15.00
$ 15.00
Quanty Subtotal
$
$
$
$
$
$
-
-
-
-
-
-
Stove
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Microwave Oven
Carpeting (per single roll over 5')
Carpeting under 5' (per roll)
Box Spring (Twin or Double)
Box Spring (Queen or King)
Mattress (Twin or Double)
Mattress (Queen or King)
Bed Frame (with or without head/foot board)
Sofa or Love Seat
Sectional Sofa (Each Piece)
Chair/Small Chair, Recliner, Computer chair
Kitchen & Dining Room Chair (each)
$ 15.00
$ 5.00
$ 10.00
$ 5.00
$ 10.00
$ 15.00
$ 10.00
$ 15.00
$ 10.00
$ 10.00
$ 10.00
$ 10.00
$ 5.00
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
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Large Furniture (dresser, desk etc. (each)
Ottoman/Footrest
Bathtub
Toilet, Urinal, Sink
Hot water tank
Space Heater
Hand lawn mower
Gas grill
Baby Crib without mattress
Baby Crib with mattress
Baby items (strollers, highchair, play equipment)
$ 10.00
$ 10.00
$ 15.00
$ 10.00
$ 15.00
$ 15.00
$ 10.00
$ 10.00
$ 10.00
$ 15.00
$ 5.00
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
Mirror $ 5.00 $ -
Wood Pallet $ 5.00 $ -
Auto Tire $ 10.00 $ -
Auto Tire with Rim $ 20.00 $ -
Truck Tire $ 10.00 $ -
Unclasified $ 15.00 $ -
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CITY COUNCIL
SCHENECTADY, NEW YORK
ORDINANCE NO.
Councilmember offered the following:
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The City Council of the City of Schenectady, in regular meeting convened, ordains as follows:
Section 1. Purpose: To amend Section 248-11 of Chapter 248. The City of Schenectady will address
traffic safety by installing traffic calming measures on City streets to reduce speeds on designated public
streets as identified by the City Engineer and the Schenectady City Council.
Section 2.
Section 248-11Matters under authority of City Engineer.
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Under the authority of § 1603, Subdivision (a), of the Vehicle and Traffic Law, the City Engineer is
authorized to issue rules and regulations pertaining to the following traffic and parking matters:
A.
Crosswalks, safety zones, traffic lanes, traffic control signals and traffic control devices.
(1)
The maintenance by appropriate means of crosswalks at intersections and such other places on roadways
as he finds necessary to protect pedestrians.
(2)
The establishment of safety zones for the protection of pedestrians.
(3)
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The designation of lanes of traffic on street pavements.
(4)
The installation, removal or relocation of traffic control signals and traffic control devices for expediting
traffic movement and promoting traffic safety.
B.
Turn prohibitions and place markers indicating method of turns. The placement of markers, buttons or
signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at the
intersection.
C.
Right, left and U-turns. The determination of those intersections at which drivers of vehicles may not
make a right, left or U-turn.
D.
Zones of quiet and play streets.
(1)
The establishment of permanent zones of quiet in the vicinity of hospitals and similar institutions
justifying quiet.
(2) 12
The establishment of a temporary zone of quiet upon a street where a person is seriously ill but only if
requested so to do by the written statement of at least one registered physician certifying its necessity.
The temporary zone of quiet is to embrace all territory within a radius of 200 feet of the building
occupied by the person named in the request.
(3)
The designation of part or all of a street as a play street.
E.
Loading zones. The designation of passenger zones and freight loading zones and the hours during
which the designation is applicable.
F.
Public carrier stands. The establishment of bus stops, taxicab stands and stands for other passenger
common-carrier motor vehicles for the convenience of the public.
G.
Limited truck traffic. The designation of a street as one on which heavy truck traffic is prohibited either
because of the condition of the street or the need to protect the residential character of a neighborhood.
H.
Certain parking limitations.
(1)
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The prohibition or limitation of parking upon that side of a street adjacent to school property, hotels,
churches, hospitals, funeral homes or other public or semipublic buildings.
(2)
The authorization of some form of all-night parking on streets or portions of streets in residential
sections of the City where available off-street parking spaces are inadequate.
(3)
The authorization of angle parking on designated streets or portions of streets.
(4)
The prohibition of stopping, standing or parking of vehicles at designated places.
(5)
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The limitation on the length of time that a vehicle may park in a space for parking.
I.
Light traffic streets. The designation of streets or portions of streets as light traffic streets and the
determination of restrictions on the use of a street so designated.
J.
Speed regulations. The determination of speed limits on City streets.
K.
Through highways. The designation of through highways.
L.
Pedestrian crossings. The designation of areas or crosswalks not to be used by pedestrians.
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M.
Emergency and experimental regulations.
(1)
The issuance of temporary regulations to cover emergencies or special conditions.
(2)
The issuance of temporary rules to regulate traffic or to test traffic control signals or traffic control
devices under actual conditions of traffic. No such rule may remain in effect for more than 90 days
unless the City Council by resolution approves an extension of the rule for an additional period not
exceeding 90 days.
N. 1. The City Engineer is authorized to install traffic calming measures on designated public streets
upon review of traffic patterns and studies and as identified by the City Council. Such traffic calming
devices shall include, but shall not be limited to, traffic speed bumps, speed humps, red light cameras
and school zone speed cameras.
2. The City Engineer is authorized to issue such regulations and guidance to implement the
placement of such traffic calming measures. Such regulations and guidance shall be updated as
necessary and provided to the City Council 30 days prior to implementation.
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Section 3.
This Ordinance shall take effect immediately.
Approved as to form:
______November 2024
____________________
Maxine Barasch, Esq.
Corporation Counsel
New Language is underlined and deleted language is in [brackets].
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CITY COUNCIL
SCHENECTADY, NEW YORK
ORDINANCE NO.
Councilmember offered the following:
An Ordinance to Amend Section 124-13, Article IV, of the Schenectady City Code-
Alarm System Regulations.
The Council of the City of Schenectady in Regular Meeting convened, ordains as follows:
FT
Section 1. Purpose: From time to time, it becomes necessary for the City of Schenectady to
review and update fee schedules to reflect current costs to respond to false alarm calls and to for such
fees to act as a deterrent to consistent and uncorrected false alarms.
Section 2. The following Section of Article IV of Chapter 124 of the Schenectady City Code
is amened as indicated.
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Section 124-13. Definitions.
PERSISTENT FALSE ALARM
A false alarm in excess of more than [four] two false alarms within the last 12 months. "Persistent
false alarms" shall not include those false alarms caused by acts of God, natural disaster or other causes
not under the immediate control of the owner/lessee. Malfunctions of alarm equipment or the conduct of
tenants, residents, patients, customers, students or other persons within a building shall be considered
and deemed as under the control of the owner/lessee.
Section 3. This Ordinance shall take effect January 1, 2025.
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Approved as to form this
_________of November 2024
____________________________
Maxine Barasch, Esq.
Corporation Counsel
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Underlined sections indicate changes and [backets] indicate deleted language.
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CITY COUNCIL
SCHENECTADY, NEW YORK
RESOLUTION NO.
Councilmember offered the following:
A Resolution Authorizing the Mayor to Accept a $206,046 Grant from the New York State
Division of Homeland Security and Emergency Services for the Schenectady Police Department.
WHEREAS, the New York State Division of Homeland Security and Emergency Services
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(DHSES) has awarded the Schenectady Police Department, in combination with the Capital District
Urban Area Working Group a Grant Award in the total amount of $206,046; and
WHEREAS, the Schenectady Police Department will use the Grant Award as follows:
$130,000 will be used for new radios; $26,046 for personal protective equipment-two ballistic shields
and $50,000 for a remote controlled robot to be used by the Special Operations Squad; and
WHEREAS, the DHSES Grant Award requires no matching funds from the City of Schenectady
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and is for the funding period from September 1, 2024, through August 31, 2027; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to execute any
and all agreements necessary to effectuate the acceptance of $206,046 in Grant Award monies from the
DHSES.
Approved as to form this
_____ day of November, 2024.
____________________________
Maxine L. Barasch Esq
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Corporation Counsel
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CITY COUNCIL
SCHENECTADY, NEW YORK
ORDINANCE NO.
Councilmember offered the following:
An Ordinance Establishing a Temporary Moratorium until February 11, 2025, on the Submission
and Processing of Building Permits, Certificates of Occupancy, Certificates of Use and Land Use
Approvals for Cannabis Establishments within the City of Schenectady
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WHEREAS, the City of Schenectady Code, including the zoning ordinance at Chapter 264 of
the Schenectady City Code, currently lacks the ability regulate to Cannabis Establishments including,
but not limited to, cannabis retail, microbusinesses and on-site consumption uses; and
WHEREAS, under the existing the zoning ordinance at Chapter 264 of the Schenectady City
Code, Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses and on-
site cannabis consumption uses are not uses contemplated by the zoning ordinance; and
WHEREAS, the Schenectady City Council seeks to implement zoning which will provide
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regulations for Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses
and on-site cannabis consumption uses in the City and desires to maintain the status quo while these
zoning modifications are developed and contemplated by the Council; and
WHEREAS, in light of the licensing requirements at the state level and the City’s inherent right
to regulate the, location, appearance and hours of operation, of Cannabis Establishments including, but
not limited to cannabis retail, microbusinesses and on-site consumption uses 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 Cannabis Establishments, including,
but not limited to, cannabis retail, microbusinesses and on-site consumption uses; and
D WHEREAS, a public hearing with regard to this moratorium was held on October 28, 2024:
NOW, THEREFORE BE IT,
ENACTED, by the Council of the City of Schenectady, in a regular meeting convened as
follows:
1. DEFINITIONS:
BUILDING PERMIT – a building, demolition, plumbing, electrical, or other permit issued by
an administrative official for the City of Schenectady for the construction, renovation,
Page 1 of 6
19
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.
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.
SCHENECTADY ZONING ORDINANCE – The City of Schenectady zoning ordinance
provided at Chapter 264 of the Schenectady City Code.
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CANNABIS –All parts of the plant of the genus Cannabis, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every compound, manufacture salt,
derivative, mixture, or preparation of the plant, its seeds or resin
CANNABIS ESTABLISHMENT – Including, but not limited to, cannabis microbusiness,
cannabis on-site consumption sites and cannabis retail dispensaries.
MICROBUSINESS-A licensee that may act as a cannabis producer for the cultivation of
cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer.
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ON-SITE CONSUMPTION SITES-The consumption of cannabis in an area licensed as
provided by the New York State Marijuana Regulation and Tax Act, as amended.
RETAIL DISPENSARY-Any facility or person who sells at retail any cannabis product, the
sale of which a license is required under the provisions of the New York State Marijuana
Regulation and Tax Act. Any facility or person who receives an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor,
agent or employee, of any cannabis, cannabis product, to cannabis consumer for any purpose
other than resale. For the purposes of this definition a site used for delivery shall be considered a
retail dispensary.
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 cannabis retail, micro
businesses and on-consumption uses 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
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The Schenectady City Code, including the Schenectady Zoning Ordinance, currently lacks the
ability to regulate Cannabis Establishments including, but not limited to cannabis retail,
microbusinesses and on-site consumption uses. Recognizing the need to permit such uses in
certain districts throughout the City 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.
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.
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4. ENACTMENT OF TEMPORARY MORATORIUM
There shall be a Temporary Moratorium until February 11, 2025, following the effective date of
this Ordinance, except as provided below and in Section 5 below:
i. No new applications for Building Permits and Land Use Approvals for Cannabis
Establishments including, but not limited to, cannabis retail, microbusinesses or on-site
consumption uses shall be accepted or processed by the City of Schenectady.
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iii.
iv.
Submitted applications on or before November 13, 2024, for Building Permits and Land
Use Approvals for Cannabis Establishments including, but not limited to, cannabis retail,
microbusinesses and on-site consumption uses shall be accepted and processed by the
City of Schenectady.
No Certificates of Occupancy for Cannabis Establishments including, but not limited to,
cannabis retail, microbusinesses and on-site consumption uses shall be issued by the City
of Schenectady; and
Submitted applications for a Certificate of Use on or before November 13, 2024, for
Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses
D and on-site consumption uses shall be accepted and processed by the City of Schenectady
for cannabis retail, microbusiness and on-site consumption uses.
At the discretion of the Council, there shall be the possibility of one (1) separate three-month
period of extension imposed, after proper notice and a public hearing, to be held within 30 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 Cannabis Establishment including, but not limited to,
Page 3 of 6
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cannabis retail, microbusiness or on-site consumption use would impose an extraordinary
hardship on a landowner or applicant.
ii. 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. 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
iv.
FT
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
RA impact upon the City of Schenectady.
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
D v.
vi.
Schenectady.
Mere delay or concern that regulations may be adopted prohibiting the location of
cannabis retail, microbusinesses and on-site consumption uses in certain zoning districts
is insufficient to constitute an extraordinary hardship under this section.
Where an existing cannabis retail, microbusiness or on-site consumption use has 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. At the conclusion of the public hearing and after reviewing the evidence and testimony
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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.
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 Cannabis Establishments including, but not limited to, cannabis retail,
microbusiness or on-site consumption uses, this Ordinance supersedes:
i.
ii.
FT
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.
Any inconsistent provisions the General Municipal Law, General City Law, or
Schenectady City Code, relating to the authority of the Schenectady Board of Zoning
RAiii.
Appeals to grant variances, waivers, or other relief from the Schenectady Zoning
Ordinance.
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
D 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
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
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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 November 2024
____________________________
Maxine Barasch, Corporation Counsel
Corporation Counsel
FT
RA
D
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24
CITY COUNCIL
SCHENECTADY, NEW YORK
RESOLUTION NO.
Councilmember offered the following:
A Resolution Confirming the Appointment of Philip Kaufman to the Schenectady
Municipal Golf Course Advisory Committee.
FT
WHEREAS, as set forth in Sections 186-42 and 186-46 of the Schenectady City Code,
the Schenectady Municipal Golf Course Advisory Committee shall consist of nine members to
be appointed by the Mayor, subject to confirmation by a majority vote of the City Council; and
WHEREAS, at expiration of the term of any of the present members, a successor shall
be appointed for a period of three years; and
WHEREAS, the Mayor has appointed the following individual to Schenectady
RA
Municipal Golf Course Advisory Committee for the term indicated:
Appointed: Philip Kaufman-for the term of November 13, 2024, to November 12, 2027.
NOW, THEREFORE BE IT,
RESOLVED, that the City Council confirms the appointment of Philip Kaufman for the
term as set forth above.
D
Approved as to form this
_____of November 2024
____________________________
Maxine L. Barasch Esq.
Corporation Counsel
1
25
CITY COUNCIL
SCHENECTADY, NEW YORK
RESOLUTION NO.
Councilmember offered the following:
A Resolution Authorizing the Withdrawal of 1710 Eastern Parkway from Foreclosure.
FT
WHEREAS, a Notice of Foreclosure was filed in New York State Supreme Court,
Schenectady County, having index no. 2022-50; and
WHEREAS, 1710 Eastern Parkway (SBL 50.29-3-3) was included on the list of
delinquent properties in said foreclosure action; and
WHEREAS, 1710 Eastern Parkway is currently included in a pending Motion for
Summary Judgement in said foreclosure action; and
RA WHEREAS, on November 7, 2024, the City received $47,190.81 in settlement of the
pending foreclosure action. Said amount represents the outstanding taxes, interest, legal and
administrative fees owed to the City. The settlement also includes releases of any claims against
the City of Schenectady by all parties involved; and
NOW, THEREFORE BE IT,
RESOLVED, that the City Council authorizes the Office of Corporation Counsel to
withdraw the property from the foreclosure action.
D
Approved as to form this
____ day of November, 2024.
____________________________
Maxine L. Barasch, Esq.
Corporation Counsel
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