City Council

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, January 13, 2025 Room 209 7:00 p.m. PUBLIC HEARING 001 Amending Certain Sections of the Schenectady City Code Chapter 248 Regarding Setting a City-Wide Speed Limit at Twenty-Five (25) Miles Per Hour ORIGINAL CONSIDERATION 01 Council Member A RESOLUTION Calling for a Public Hearing to Add Section 264-113, Article III, to the Schenectady City Zoning Code to Regulate the Location of Cannabis Establishments and Uses Votes Required 4 ORIGINAL CONSIDERATION 02 Council Member A RESOLUTION Calling for a Public Hearing to Amend Section 183-1 of Chapter 183 of the Schenectady City Code to Increase the Point Value for Violations of Chapter 182, the Noise Ordinance Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLUTION Calling for a Public Hearing to Amend Certain Sections of Chapter 28 of the Schenectady City Code Regarding the Rules and Procedures of the Schenectady City Council Votes Required 4 1 Thursday, January 09, 2025 Page 1 of 2  Monday, January 13, 2025 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 04 Council Member A RESOLUTION Transmitting to the Schenectady County Planning Department Proposed Changes to the Schenectady Zoning Ordinance Entitled "An Ordinance to Add Section 264-113, Article III, to the Schenectady City Code to Regulate the Location of Cannabis Establishments and Uses" Votes Required 4 ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Authorizing the Settlements of Tax Certiorari Action by the Property Owners Located at 1201 Nott Street, Suite 105 Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Authorizing the Settlements of Tax Certiorari Action by the Property Owners Located at 2001 Broadway Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Authorizing the Settlement of a Lawsuit Instituted by Omattie Chintoman against the City of Schenectady Votes Required 4 CONTRACT & SUPPLY 08 Council Member A RESOLUTION Awarding the Bid and Contract for the Rental of Portable Toilets and Showers Votes Required 4 2 Thursday, January 09, 2025 Page 2 of 2  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: FT The City Council of the City of Schenectady, in regular meeting convened, ordains as follows: Section 1. Purpose: To amend Sections 248-11 and 248-16 of Chapter 248, Article II of the Schenectady City Code to set a City-Wide Speed limit at twenty-five (25) miles per hour as authorized by Section 1603 of the New York State Vehicle and Traffic Law to address the issues of traffic safety and speed on the streets of the City of Schenectady. Section 2. RA Section 248-11Matters under authority of City Engineer. 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. D (3) 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. 3 (2) 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) FT 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) RA 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. The City-Wide speed limit on all City streets shall be twenty-five (25) miles per hour unless otherwise designated by the City Engineer or the New York State Department of Transportation. K. Through highways. The designation of through highways. D L. Pedestrian crossings. The designation of areas or crosswalks not to be used by pedestrians. 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. 4  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. Section 3. Section 248-16 Speed limits. A. No person shall operate a vehicle on any highway or private road open to public motor vehicle traffic at a rate of speed in excess of the maximum established in Article II. B. The City-Wide speed limit shall be twenty-five (25) miles per hour on all City Streets shall unless otherwise designated by the City Engineer or the New York State Department of Transportation. C. Violation of any of the provisions of this section shall constitute a traffic infraction. Section 4. FT This Ordinance shall take effect March 1, 2025. Approved as to form: ______January 2025 RA ____________________ Maxine Barasch, Esq. Corporation Counsel New Language is underlined and highlighted and deleted language is in [brackets]. D 5  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: An Ordinance to add Section 264-113, Article III, to the Schenectady City Zoning Code to Regulate the Location of Cannabis Establishments and Uses. FT Said Public hearing shall be held on Monday, January 27, 2025, at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the proposed amendments to Chapter 264 (Zoning) of the Schenectady City Code to regulate the location of Cannabis Establishments and Uses. RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: RA NOTICE OF PUBLIC HEARING An Ordinance to add Section 264-113, Article III, to the Schenectady City Zoning Code to Regulate the Location of Cannabis Establishments and Uses. On Monday, January 27, 2025, at 7:00 p.m., the Schenectady City Council shall conduct a public hearing in relation to the above-referenced matter. Said public hearing shall be held in Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the above-referenced matter; and be it further RESOLVED, that copies of the proposed additions and amendments of Chapter 264 of the D Schenectady City Code will be made available on the City website at www.cityofschenectady.com for public inspection beginning no later than January 21, 2025, and be it further RESOLVED, that all interested parties may also be heard by submitting written comments to the City Clerk www.cityofschenectady.com/158/City-Council, by email to: smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on January 27, 2025. Approved as to form this ___ day of January 2025. ____________________ Maxine Barasch, Esq. Corporation Counsel 6  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: FT An Ordinance to add Section 264-113, Article III, to the Schenectady City Zoning Code to Regulate the Location of Cannabis Establishments and Uses. The Council of the City of Schenectady in regular meeting convened, ordains as follows: Section 1. Purpose and Intent: This Ordinance is enacted to protect the health, safety and welfare of the community pursuant to the City Comprehensive Plan adopted by the City Council on March 25, 2008, and to RA establish land use regulations on the location of Cannabis Establishments and Uses in conformance with the New York State Marijuana Regulation and Tax Act (MRTA). A new Article III in Chapter 264, Section 113 is hereby established in the Schenectady City Code to regulate the location of Cannabis Establishment uses in the City of Schenectady. Section 2. Section 264-113 is hereafter amended as follows: Article I. DEFINITIONS D Section 264-113 A. CANNABIS Definitions and word usage. Whenever used in this section and in Chapter 264 of the Schenectady City Code, the following terms shall have the meanings indicated: All parts of the plant of 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 seed or resin. CANNABINOID The phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in Section 3306 of the New York State7 Public Health Law. CANNABINOID HEMP Any hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer it shall not have a concentration of more that three tenths of a percent of delta-9tetrahydrocannabinol. CANNABIS ESTABLISHMENT Including, but not limited to, cannabis microbusinesses, cannabis on-site consumption sites and cannabis retail dispensaries. CANNABIS PRODUCT Otherwise known adult-use cannabis product means cannabis, concentrated cannabis, and cannabis infused products for use by a cannabis consumer. DELIVERY HEMP FT The direct delivery of cannabis products by a retail licensee, microbusiness licensee or a delivery licensee. Means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids and salts of isomers, whether growing or not, with RA delta-9tetrahydrocannabinol concentration (THC) of not more than three-tenths of a percent on a dry weight basis. It shall not include Medical Marijuana as defined in this section. HEMP EXTRACT Means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp, use or intended for human consumption, for its cannabinoid content with a THC of not more than as set by the Office of Cannabis Management or any other State Agency. For purposes of this Article hemp extract shall not include food, food ingredient or food additive that is generally recognized as safe per federal law and it shall also not include for hemp extract not meant for human consumption. D HOOKAH PIPE A single or multi stemmed instrument used by one or more persons to smoke tobacco or another substance, which hookah pipe is also commonly referred to as a "hookah," "water pipe," "shisha" or "narghile." HOOKAH LOUNGE AND VAPE LOUNGE Any facility or location whose business operation, and its principal use, include the on-site indoor smoking of electronic cigarettes, vape pens, vapors, e-liquids, or other like substances. Smoking is the inhalation of the smoke/liquid nicotine/vapors/water pipe tobacco and other substances encased in electronic cigarettes, vape pens, and pipes commonly known as "hookah," "water pipe," "shisha," and consumption on premises. INDIRECT RETAIL SALE To give any cannabis, cannabis product, cannabinoid hemp, hemp extract product, or any product marketed or labeled as such by any person engaging in a commercial business venture or otherwise providing 8 or offering goods or services to the general public for renumeration for such goods and/or services, where any such cannabis, cannabis product or cannabinoid hemp or hemp extract product, or any product marketed or labeled as such, accompanies (a) the sale of any tangible or intangible property; or (b) the provision of any service, including, but not limited, to entry or event, or a benefit of a membership to a club, association or other organization. INSTITUTIONAL DISPENSER A facility approved and certified by the State of New York Department of Health as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. MEDICAL MARIJUANA Shall have the same definition as ascribed to medical marihuana in Section 3360 of the New York Public Health Law and which is intended for a certified medical use, as determined by the Commissioner of Health of the State of New York ("Commissioner") in his or her sole discretion. Any form of medical marihuana not approved by the Commissioner is expressly prohibited. MICROBUSINESS FT A licensee that may act as cannabis producer for the cultivation of cannabis, a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer. ON-SITE CONSUMPTION SITES The consumption of cannabis in an area licensed as provided by the New York State Marijuana Regulation and Tax Act (MRTA), as amended. RA 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 (MRTA). RETAIL SALE 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, D 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. SMOKE SHOP AND VAPE SHOP Any establishment which offers for sale or consideration cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances, or cannabis paraphernalia, or components reasonably assumed to be use for smoking and/or inhalation or injection of any or products or other substances as a substantial or significant portion of its business, merchandise and/or stock-in-trade. Such establishments include tobacco shops, head shops, nicotine shops, vapor shops and the like. SUBSTANTIAL OR SIGNIFICANT PORTION (1) Substantial or significant portion shall be determined using the following considerations: (a) Amount of floor area and basement space accessible to customers and allotted to the sale or consideration of cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to the total floor area and basement space accessible 9  to customers; and/or (b) Number of cigarettes electronic cigarettes pipes, vape pens, vapors, e-liquids, derivatives, or other like substances stock-in-trade or of any type accessible to customers generally, or as compared to total stock accessible to customers; and/or (c) Revenues derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total revenues; and/or (d) Advertising devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total advertising; and/or (e) Use of the establishment for cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total use thereof. (2) However, notwithstanding the above considerations, the following shall be conclusive in determining substantial or significant portion: FT (a) Forty percent or more of floor area and basement space accessible to customers allotted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type; and/or (b) Forty percent or more of its stock-in-trade in cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type; and/or (c) Forty percent or more of its gross income derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances; and/or RA (d) Forty percent or more of its advertising is devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances. TOBACCO OR CANNABIS PARAPHERNALIA Any equipment, device or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of smoking and tobacco products or cannabinoid products. Items or devices classified as tobacco or cannabis paraphernalia include, but are not limited to, the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches are excluded from the definition of tobacco D or cannabis paraphernalia. Section 3. Article II The Placement of Hookah Lounges, Smoke and/or Vape Shops. Section 4. Article III The Placement of Cannabis Establishments and Uses. Section 264-113 E. LOCATION AND SIGNAGE. 1. Presumption: The sale of any cannabis, cannabinoid, cannabinoid hemp, medical cannabis, hemp extract and cannabis 10 products including cigarettes, pipes, vape pens, vapors, e-liquids shall automatically designate a building or premise substantially engaged in the sale of cannabis and therefore subject to the requirements of Article III of Chapter 264 of the Schenectady City Code. 2. Locations of Cannabis Establishments and Uses: Cannabis Establishments as defined above and as licensed pursuant to and defined by the MRTA shall be limited to the M-1, M-2, C-4, and C-5 zoned districts and in the C-2 and C-3 zoned districts subject to a Special Use Permit per ARTICLE XIV and Site Plan Approval per ARTICLE XIII of Chapter 264 and further subject to the regulations set forth in this Article: a. The lot line of any property of between Cannabis Establishments shall be those set the New York State Office of Cannabis Management. b. The lot line of a Cannabis Establishment shall not be located within 200-feet of the lot line of all c. d. e. religious properties. FT The lot line of a Cannabis Establishment shall not be located within 500-feet of all education facilities meaning K-12 pursuant to the New York State Education Law. The lot line of a Cannabis Establishment shall not be located within 500-feet of parks and playgrounds. The lot line of a Cannabis Establishment shall not be located within 500-feet of child-care centers and youth organizations. f. g. h. i. RA The lot line of a Cannabis Establishment shall not be located within 500 feet of any dance studios, batting cages and gymnasiums or similar venues where minors congregate. For the purpose of calculating the distances as set forth above, measurement shall be from the lot line of the Cannabis Establishment to the lot line of the other premises All on-site consumption sites, regardless of where the sites are located in approved zoned districts, will require a Special Use Permit per ARTICLE XIV of Chapter 264. All cultivation operations of a microbusiness, regardless of where the sites are located in approved zoned districts, will require a Special Use Permit per ARTICLE XIV of Chapter 264. D3. Signage of Cannabis Establishments: a. There shall be no public display of advertisements for electronic cigarettes, vapor products, smoking paraphernalia, or tobacco products, within 1,500 feet of a school, or place of worship, in accordance with Public Health Law Article 13-F Section 1399-DD-1and such other rules and regulations regarding signage as the New York State Office of Cannabis Management may issue. b. Windows shall be unobstructed by advertisements and/or other materials or smoking paraphernalia. c. The total area of window signs shall not exceed 20% of the total area of the window and blinking, flashing, fluttering, and strobe-light effects are prohibited. 11 Section 5. This Ordinance shall take effect immediately. Approved as to Form __day of January 2025 ____________________ Maxine Barasch, Esq. New language underlined. FT RA D 12  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: An Ordinance to Amend Section 183-1 of Chapter 183 of the Schenectady City Code to Increase the Point Value for Violations of Chapter 182, the Noise Ordinance. FT Said Public hearing shall be held on Monday, January 27, 2025, at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the proposed amendment to Section 183-1 of Chapter 183 of the Schenectady City Code to increase the point value of violations of the Chapter 182, the Noise Ordinance. RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: NOTICE OF RA PUBLIC HEARING An Ordinance to Amend Section 183-1 of Chapter 183 of the Schenectady City Code to Increase the Point Value of Violations of Chapter 183, the Noise Ordinance. On Monday, January 27, 2025, at 7:00 p.m., the Schenectady City Council shall conduct a public hearing in relation to the above-referenced matter. Said public hearing shall be held in Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the above-referenced matter; and be it further RESOLVED, that copies of the proposed amendments of Chapter 183 of the Schenectady City D will be made available on the City website at www.cityofschenectady.com for public inspection beginning no later than January 21, 2025, and be it further RESOLVED, that all interested parties may also be heard by submitting written comments to the City Clerk www.cityofschenectady.com/158/City-Council, by email to: smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on January 27, 2025. Approved as to form this ___ day of January 2025 ____________________ Maxine Barasch, Esq. Corporation Counsel 13  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: An Ordinance to Amend Certain Sections of Chapter 28 of the Schenectady City Code Regarding the Rules and Procedures of the Schenectady City Council. FT Said Public hearing shall be held on Monday, January 27, 2025, at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the proposed amendment to Section 28-3 of the Schenectady City Code to allow for email notification to Council Members for Special City Council Meetings. RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: RA NOTICE OF PUBLIC HEARING An Ordinance to Amend Certain Sections of Chapter 28 of the Schenectady City Code Regarding the Rules and Procedures of the Schenectady City Council. On Monday, January 27, 2025, at 7:00 p.m., the Schenectady City Council shall conduct a public hearing in relation to the above-referenced matter. Said public hearing shall be held in Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the above-referenced matter; and be it further RESOLVED, that copies of the proposed amendments to Chapter 28 of the Schenectady City D Code will be made available on the City website at www.cityofschenectady.com for public inspection beginning no later than January 21, 2025, and be it further RESOLVED, that all interested parties may also be heard by submitting written comments to the City Clerk www.cityofschenectady.com/158/City-Council, by email to: smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on January 27, 2025. Approved as to form this ___ day of January 2025. ____________________ Maxine Barasch, Esq. Corporation Counsel 14  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: The Schenectady City Council, in regular meeting, does ordains as follows: An Ordinance to Amend Section 28-3 of the Schenectady City Code to Allow E-Mail notification to Council Members for Special Meetings. FT Section 1. Purpose: It is necessary to update the notification procedures for Special Schenectady City Council Meetings to allow for email notifications. Section 2. Section 28-3 Special Meetings. Special meetings may be called at any time by any member of the Council, on three days' notice, specifying the object of the meeting. The City Clerk shall cause the written notice thereof, specifying the object of the meeting, to be served upon each member personally or to be delivered at [his] their usual place of residence or by email to RA their email address. At such special meeting, no business other than that named in the notice of meeting shall be transacted, except by unanimous consent. At the time fixed in the notice of special meeting, the City Council shall convene, the President shall take the chair, and the following shall be the order of business: A. Roll call. B. Reading of the notice of the meeting and proof of service. C. Transaction of the business specified in notice. D D. Adjournment. Section 3. This Ordinance shall take effect immediately. New material is highlighted and underlined. Deleted material is[ bracketed] Approved as to form this ___day of January 2025 __________________ Maxine Barasch, Esq. Corporation Counsel 15  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Transmitting to the Schenectady County Planning Department Proposed Changes to the Schenectady Zoning Ordinance Entitled “An Ordinance to Add Section 264-113, Article III, to the Schenectady City Code to Regulate the Location of Cannabis Establishments and Uses” FT WHEREAS, the Schenectady City Council has developed a proposed Zoning Ordinance to establish land use regulations on the location of Cannabis Establishments and Uses in conformance with New York State Marijuana Regulation and Tax Act (MRTA) attached hereto; and WHEREAS, per New York General Municipal Law Section 239-m the City of Schenectady is required to submit proposed Zoning Ordinance changes to the Schenectady County Planning Department for its review of the proposed “An Ordinance to Add Section 264-113, Article III, to the Schenectady City Code to Regulate the Location of Cannabis Establishments and Uses”; RA NOW, THEREFORE BE IT, RESOLVED, that the Schenectady City Council hereby transmits to the Schenectady County Planning Department for its review and comment proposed changes to the City of Schenectady Zoning Code entitled “An Ordinance to Add Section 264-113, Article III, to the Schenectady City Code to Regulate the Location of Cannabis Establishments and Uses”. Approved as to form this ___day of January 2025. D ____________________________ Maxine Barasch, Esq. Corporation Counsel 16  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlements of Tax Certiorari Action by the Property FT Owners located at 1201 Nott Street, Suite 105. WHEREAS, the owners of property located at 1201 Nott Street, Suite 105 have instituted a certiorari action to review the assessment upon the property; and WHEREAS, the City Corporation Counsel has negotiated a settlement of the action and having apprised the Council of the same, and the Claims Committee having approved the settlement as follows RA Address 1201 Nott St., Suite 105 S/B/L YR 39.60-1-105 2024 Assessment at issue Settlement Assessment $390,100 $212,195 NOW THEREFORE BE IT RESOLVED, the settlement proposed by the Corporation Counsel is hereby approved and the administrative personnel of the City are hereby authorized to make and execute such documents as may be necessary and acceptable by the City Corporation Counsel’s Office to give such effect to such settlement in accordance with the above. D Approved as to form this _____ day of January 2025. ______________________ Maxine L. Barasch, Esq. Corporation Counsel 17  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlements of Tax Certiorari Action by the Property FT Owners located at 2001 Broadway. WHEREAS, the owners of property located at 2001 Broadway have instituted a certiorari action to review the assessment upon the property; and WHEREAS, the City Corporation Counsel has negotiated a settlement of the action and having apprised the Council of the same, and the Claims Committee having approved the settlement as follows RA Address 2001 Broadway S/B/L 48.60-1-2 YR 2024 Assessment at issue Settlement Assessment $900,000 $725,000 NOW THEREFORE BE IT RESOLVED, the settlement proposed by the Corporation Counsel is hereby approved and the administrative personnel of the City are hereby authorized to make and execute such documents as may be necessary and acceptable by the City Corporation Counsel’s Office to give such effect to such settlement in accordance with the above. D Approved as to form this _____ day of January 2025. ______________________ Maxine L. Barasch, Esq. Corporation Counsel 18  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Lawsuit Instituted by Omattie FT Chintoman against the City of Schenectady, Index No. 2020-1107. WHEREAS, Omattie Chintoman has brought a civil action against the City of Schenectady in State Supreme Court, Index No. 2020-1107; and WHEREAS, the Office of the Corporation Counsel has recommended that it would be in the best interest of the City to settle this matter; and RAWHEREAS, the settlement proposal was accepted by the City Claims Committee: NOW, THEREFORE BE IT, RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement Agreement to settle the claim for $60,000, the terms of which shall be set by the Corporation Counsel. Approved as to form this _____ day of January 2025 D ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 19  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Awarding the Bid and Contract for the Rental of Portable Toilets and Showers. FT WHEREAS, this there is a construction project at the City of Schenectady Police Department Headquarters that requires the rental of Portable Toilet and Shower Trailers during the construction process; and WHEREAS, the City of Schenectady’s Purchasing Agent solicited and received two bids for “Portable Toilet and Shower Rentals” with TentSouth LLC, 3242 Glenn McConnell Parkway, Suite 107, Charleston, South Carolina, submitting the low bid, but it subsequently withdrew its proposal and the Award by Resolution 2024-CS-26, is hereby repealed; and RA WHEREAS, the second bidder, Mike’s Portable Toilets Inc., submitted a bid proposal for an eight (8) month term with the option for another four (4) months for a total of twelve (12) months and will match the low bid price of $5,200. NOW THEREFORE BE IT, RESOLVED, that the City Council, acting as a Board of Contract and Supply under C5-9 of the City Charter, confirms and ratifies issuance of a contract to Mike’s Portable Toilets, Inc.; and be it further RESOLVED, that the Mayor or his designee is authorized execute the contract D identified hereinabove, the terms of which shall be set by the City Purchasing Agent in cooperation with the Corporation Counsel. Approved as to form this ___ day of January 2025 __________________________ Maxine L. Barasch, Esq. Corporation Counsel 20