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City Council

Regular Meeting

Schenectady, NY · February 10, 2025

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Agenda

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, February 10, 2025 Room 209 7:00 p.m. FINAL CONSIDERATION 01 Council Member AN ORDINANCE Amending Section 183-1 of Chapter 183 of the Schenectady City Code to Increase the Point Value for Violation s of Chapter 182, the Noise Ordinance Votes Required 4 FINAL CONSIDERATION 02 Council Member AN ORDINANCE Amending Section 28-3 of Chapter 28 of the Schenectady City Code to Allow for Email Notifications to Council Members Votes Required 4 FINAL CONSIDERATION 03 Council Member AN ORDINANCE to Amend Section 138-2(C), of Article I; 138-23(B), of Article IV; 138-43(B) of Article VIII; 138-84(H), of Article XV of Chapter 138; 151-9(A), of Article II; 159- 9(E), of Article II of Chapter 151; 167-14(D), of Article II of Chapter 167; 183-10, of Article II of Chapter 183; 210-14(A), of Article III of Chapter 210 of the Schenectady City Code Votes Required 4 FINAL CONSIDERATION 04 Council Member AN ORDINANCE Amending Section 264-113, Article III, to the Schenectady City Zoning Code to Regulate the Location of Cannabis Establishments and Uses Votes Required 4 1 Friday, February 7, 2025 Page 1 of 4 Monday, February 10, 2025 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Calling for a Public Hearing for the Proposed Amendments to the City of Schenectady Zoning Map to Re-Zone the Properties that Make Up the Former St. Clare’s Hospital from an Institutional District to a R—3 Multiple-Family Residential District Votes Required 4 FINAL CONSIDERATION 06 Council Member A RESOLUTION Amending the Building Codes Fee Schedule as Authorized by Section 137-17 of Chapter 137 of the Schenectady City Code and Sections 138-21 and 138-11.1 Article IV, of Chapter 138 of the Schenectady City Code Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Authorizing an Amendment and Reallocation of the 2025 Capital Budget for the Purchase of Two Packer Vehicles Votes Required 4 ORIGINAL CONSIDERATION 08 Council Member A RESOLUTION Declaring that the Adoption of the Ordinance Creating Section 264-113, Article III, of the Code of Ordinances is a Type II Action and Is Not Subject to Environmental Review of the State Quality Review Act (SEQR) Votes Required 4 ORIGINAL CONSIDERATION 09 Council Member A RESOLUTION Supporting the Schenectady Food Council's Advocacy and Empowerment Working Group's Request Regarding Programs and Initiatives Addressing Food Insecurity in NYS FY 2026 Budget Votes Required 4 2 Friday, February 7, 2025 Page 2 of 4 Monday, February 10, 2025 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 10 Council Member A RESOLUTION Correcting Spelling Errors in Resolution No. 2024-245 Authorizing the Sale of 28 Moyston Street for $25,000.00 Votes Required 4 FINAL CONSIDERATION 11 Council Member A RESOLUTION Authorizing the Sale of 25 Moyston Street for $31,000.00 Votes Required 4 ORIGINAL CONSIDERATION 12 Council Member A RESOLUTION to Authorize the Issuance of Revocable Permit No. 688 to Insomnia Cookies Operators LLC for Gooseneck Lighting that will Overhang the City's Right-of-Way on the face of the Building at 118 Jay Street, Schenectady, New York Votes Required 4 ORIGINAL CONSIDERATION 13 Council Member A RESOLUTION Authorizing Settlement of a Claim by Jamelle D. Collins Votes Required 4 ORIGINAL CONSIDERATION 14 Council Member A RESOLUTION Authorizing Settlement of a Claim by Lamont & Charmaine Truttling Votes Required 4 ORIGINAL CONSIDERATION 15 Council Member A RESOLUTION Authorizing Settlement of a Claim by Michael Tralongo Votes Required 4 3 Friday, February 7, 2025 Page 3 of 4 Monday, February 10, 2025 Room 209 7:00 p.m. CONTRACT & SUPPLY 16 Council Member A RESOLUTION Accepting the Proposal and Awarding a Contract for the Upfitting of Police Vehicles Votes Required 4 CONTRACT & SUPPLY 17 Council Member A RESOLUTION Awarding the Bid and Contract to the Golf Course Tree Removal - Base Bid and Add Alternates A, C, & D" to Kevin Downes Tree Service Co., Inc. in the amount of $187,000.00 Votes Required 4 UNANIMOUS CONSENT 18 Council Member A RESOLUTION Honoring the Late Leonard F. Porcaro for His Service to the United States and the Schenectady Community Votes Required 7 4 Friday, February 7, 2025 Page 4 of 4 CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: The Schenectady City Council, in regular meeting, does ordains as follows: Section 1. Purpose: To amend certain sections of Chapter 183 of the Schenectady City Code to increase the point value assigned to Noise Ordinance Values from three points to six points. The Schenectady City Council finds that noise complaints continue to have a negative impact on the quality of life of Schenectady residents. The City T Nuisance Ordinance Point Schedule is amended to reflect the severity of the negative impact of noise violations. Section 2. Section 183-1 B (1) is amended as follows: AF The following violations shall be assigned a point value of six points: (a) Article 220 of the Penal Law (controlled substances offenses). (b) Article 221 of the Penal Law (offenses involving marijuana). R (c) Article 225 of the Penal Law (gambling offenses). (d) Article 230 of the Penal Law (prostitution offenses). D (e) Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal Law (criminal possession of stolen property). (f) The Alcoholic Beverage Control Law. (f) Article 265 of the Penal Law (firearms and other dangerous weapons). (g) Sections 260.20 and 260.21 of the Penal Law (unlawfully dealing with a child). (h) Article 263 of the Penal Law (sexual performance by a child). (i) Section 415-a of the Vehicle and Traffic Law (vehicle dismantlers). (j) Section 175.10 of the Penal Law (falsifying business records). (k) Sections 170.65 and 170.70 of the Penal Law (forgery of and illegal possession of a vehicle identification 5 number). (l) Possession, use, sale or offer for sale of any alcoholic beverage in violation of Article 18 of the Tax Law, or of any cigarette or tobacco products in violation of Article 20 of the Tax Law. (m) Article 158 of the Penal Law, (welfare fraud). (n) Article 178 of the Penal Law (criminal diversion of prescription medications and prescriptions). (p) Section 147 of the Social Services Law (food stamp program fraud). (q) Any other felony under New York State law (r) Chapter 182 of the Code (noise) Section 3. Section 183-1 B (3) is amended as follows: The following violations shall be assigned a point value of three points: (a) Chapter 192 of the Code (peace and good order). [(b) Chapter 182 of the Code (noise).] T AF (b) Chapter 144 of the Code (dogs and other animals). (c) Chapter 260 of the Code (weights and measures; trade practices). (d) Chapter 126 of the Code (alcoholic beverages). R (e) Suffering or permitting the premises to become disorderly, including suffering or permitting fighting or lewdness. (f) Any other violation under the City Code of Schenectady. D Section 4. This Ordinance shall take effect immediately. New material is underlined. Deleted material is [bracketed]. Approved as to form this ___ day of February 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 6 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 Chapter 28 of the Schenectady City Code to Allow for Email Notifications to Council Members. Section 1. Purpose: It is necessary to update the notification procedures for Special Schenectady City Council Meetings. Section 2. T Section 28-3 Special Meetings. AF 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] the member’s usual place of residence or by email to the member’s government 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. R D B. Reading of the notice of the meeting and proof of service. C. Transaction of the business specified in notice. Section 3. This Ordinance shall take effect immediately. Approved as to form this ___ day of February 2025. ________________________ Maxine L. Barasch, Esq Corporation Counsel New language is underlined. Deleted language is [bracketed] 7 CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: An Ordinance to Amend Section 138-2(C), of Article I; 138-23(B), of Article IV; 138-43(B) of Article VIII; 138-84(H), of Article XV of Chapter 138; 151-9(A), of Article II; 151-9(E), of Article II of Chapter 151; 167-14(D), of Article II of Chapter 167; 183-10, of Article II of Chapter 183; 210-14(A), of Article III of Chapter 210 of the Schenectady City Code. The Council of the City of Schenectady in Regular Meeting convened, ordains as follows: T Section 1. Purpose: From time to time, it becomes necessary for the City of Schenectady to review and update fee schedules to reflect current administrative costs. The City Council has reviewed the fee schedules for the Code Enforcement Bureau and finds certain fees need to be amended as set forth below. AF Section 2. The following Sections of the Schenectady City Code are amended as indicated: 138-2(C), of Article I of Chapter 138; 138-23(B), of Article IV of Chapter 138; 138-43(B) of Article VIII of Chapter; 138-84(H), of Article XV of Chapter 138; 151-9(A), of Article II of Chapter 151; R 151-9(E), of Article II of Chapter 151; 167-14(D), of Article II of Chapter 167; 183-10, of Article II of Chapter 183; 210-14(A), of Article III of Chapter 210. D § 138-2 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 as follows: (1) For a first offense: by a fine of not less than $500 nor more than $1,000. (2) For a second offense of a prior violation of this chapter by the same person(s), firm(s) and/or corporation(s): by a fine of not less than $750 nor more than $1,500 or by a term of imprisonment of not less than five days nor more than 15 days, or by both such fine and imprisonment. (3) For a third offense and any subsequent offenses thereafter of a prior violation of this chapter by the same person(s), firm(s) and/or corporation(s): by a fine of not less than $1,500 nor more than $3,000 or by a term of imprisonment of not less than five days nor more than 15 days, or by both such fine and imprisonment. 8 (4) In the alternative, each violation of this chapter may be punishable by a penalty of not less than $500 nor more than $3,000 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] $75, 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 the person to which the notice of violation was issued. § 138-23 Stop orders. A. Whenever the Building Inspector has reasonable grounds to believe that work on any building or T structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous AF manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail. R B. In addition to a doubling of the fees as required by this chapter, whenever the work which is subject to a fee is commenced prior to the issuance of the appropriate permit, an administrative D fee of $500 for residences and a $1000 administrative fee for commercial properties shall be added to the tax roll as an assessment. § 138-43 Fees. No permit or plumbing and drainage work shall be issued until the fees, as provided herein, are paid by the employing or master plumber or homeowner to the Plumbing Inspector. The Plumbing Inspector shall determine from the plans and specifications the fees required by this chapter using the following charges: A. The fee for application for a commercial plumbing permit shall be $50. B. The fee for application for a residential plumbing permit shall be [$25] $50. C. Where the real property is situated within the City of Schenectady: 1. One-family house or one apartment, one complete bathroom: $20, plus $6 for each fixture. 9 2. Two-family house, two complete bathrooms: $40, plus $6 for each fixture. 3. Toilet rooms in commercial and industrial buildings each: $50, plus $6 for each fixture. 4. Replacement or addition of the following plumbing fixtures: (a) Septic tanks and cesspools: $10. (b) Bar fixtures: $10. (c) Soda fountain fixtures: $10. (d) Air-conditioning units: $10. (e) Oil separator units: $10. (f) Grease traps: $10. (g) Garbage disposal units: $10. (h) Dental cuspidors: $10. (i) Water softeners: $6. (j) Automatic washing machines: $6. (k) Water closets: $6. (l) Lavatories: $6 (m) Bathtubs: $6. (n) Urinals: $6. (o) Sinks: $6. (p) Drinking fountains: $6. T (q) Floor drains: $6. (r) Cellar drain: $6. AF (s) Hot-water range boilers: $6. (t) Gas hot-water heaters: $6. (u) Electric water heaters: $6. R (v) Dishwashers: $6. (w) Roof drains connected to storm sewers: $6 each. D D. Penalties. 1. Any person, company or business entity found not in compliance with this chapter shall be subject to immediate revocation of permit privileges for the job being performed and suspension of all future work privileges until the job is brought into compliance, a stop-work order, recovery of cost of materials, labor and inspection fees at prevailing rates and forfeiture of any permit fee and/or deposit. 2. 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. 10 3. 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. 4. Any person issued a notice of violation pursuant to any provision of this chapter shall be subject to an administrative fee of [$50,] $75 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 the person to which the notice of violation was issued. § 138-84 Fee schedule for permits and inspections. The fee schedule for electrical permits and inspections is as follows: A. Existing residential service: 1. Electrical service fee: (a) One-family: $75. (b) Two-family: $85. (c) Three-family: $95. (d) Four-family: $105. T 2. Electrical permit: $50. AF 3. Inspection fee, per unit: (a) One-family: $50. (b) Two-family: $100. (c) Three-family: $150. (d) Four-family: $200. R B. New residential buildings up to four units; permit inspection and service included: 1. One-family: $175. D 2. Two-family: $235. 3. Three-family: $295. 4. Four-family: $355. C. New commercial, new residential over four units and new mixed occupancy: 1. Permit fee: $300. 2. Inspection fee: $175 plus 1% of electrical contract. D. Existing commercial, residential over four units and mixed occupancy: 1. Permit fee: $75. 2. Inspection fee: $75 plus 1% of electrical contract. E. Power reconnect inspection fee/per meter: $75; each additional meter: $25. 11 F. Fire alarm systems, permit and inspection fee: $100 plus 1% of alarm contract. G. All fees as required by this section shall be doubled whenever the work which is subject to a fee is commenced prior to the issuance of the appropriate permit. H. Reinspection fee. The permit and inspection fees hereinabove set forth entitle a contractor or the homeowner to one initial inspection and one inspection of the final work. If, for any reason, the Inspector is required to make additional inspections, an additional fee of [$25] $50 for each additional inspection shall be charged to and paid by the contractor or the homeowner. § 151-9 Deposit required. A. At the same time a permit required by this article is obtained; the owner or contractor shall pay to the Director of Finance the sum of [$250] $300 for a permit fee to cover the cost of inspection. Said amount of money deposited with the Director of Finance as hereinbefore provided shall be added to the item of street repairs in the subdivision of the annual budget of the Department of Engineering and Public Works. T B. At the time a licensed plumber, plumbing contractor or plumbing contracting company applies for a permit required by this article; if work is required within a City right-of-way, said party will AF be required to apply for the appropriate permit in the Department of Engineering, and said party may be required, at the discretion of the Department of Engineering, to post a performance bond or cash deposit equal to the estimated cost of restoration and/or repavement based on the following criteria: 1. If the applicant has had a permit revoked in the City of Schenectady or other adjoining municipality for a period of one year prior to the current request for permit. R 2. Number of times required to reexcavate or repave prior jobs. 3. If the applicant has a voluntary or involuntary bankruptcy proceeding pending. 4. If the applicant has been convicted of a felony within the last five years. D C. Said deposit or bond shall be returned or released upon the satisfactory completion of the job. D. In the event the work affecting any public facility and subject to a permit issued by the City Engineer is not completed prior to the expiration of the permit, the permit shall have to be resubmitted and all associated fees paid. E. For excavations conducted in any area of the City right-of-way, the excavator will be required to obtain a permit from the Department of Engineering. (1) A street-cut permit shall be needed for excavation in the paved street area at a fee of [$250] $300. (2) An off-road permit shall be needed for the area outside of paved streets excluding sidewalks at a fee of $100. (3) A sidewalk permit shall be needed for the area within the sidewalk at a fee of [$50] $100. 12 (4) Major excavation as determined by the City Engineer shall be subject to an additional charge of $4 per square foot of excavation plus the original application fee. (a) The major excavation permittee shall be required to meet with the City Engineer to discuss scope of work and necessary conditions prior to application. § 167-14 Violations. A. Notice of violation. Whenever the Building Inspector determines that there has been a violation of any provision of this chapter or any rule or regulation adopted pursuant thereto, he shall give notice of such violation to the person or persons responsible for the violation. Such notice shall be in writing and shall be served upon the owner, agent, operator or occupant, as the case may require. This notice shall specify the alleged violation and shall provide a reasonable time for compliance. Such notice shall be deemed to be properly served upon such owner, agent, operator or occupant if a copy is served upon such owner, agent, operator or occupant personally or if a copy thereof is delivered by first-class mail to the last known address of such person or if a copy is posted in a conspicuous place in or about the building affected by the notice and if a copy is mailed by first- class mail. T B. [1]Failure to abate violations. In case the owner, agent, operator or occupant cannot be found within AF the time limit set for the abatement of said violations or if such owner, agent, operator or occupant shall fail, neglect or refuse to abate such violations, the Corporation Counsel shall be advised of all facts in the case and shall institute appropriate action in the court to compel compliance. C. Emergency action. In cases of emergency which, in the opinion of the Building Inspector, require R immediate action to abate a direct hazard or imminent danger to the health, safety, morals or welfare of the occupants of a building or the public, he shall promptly cause such action to be taken as is necessary to remove or abate the hazard or danger. The Building Inspector has the D power and the responsibility to vacate buildings that are found to be unfit for human habitation. D. Recovery of costs. Costs incurred under Subsections C and D of this section shall be paid out of the municipal treasury on certification of the Building Inspector. Any person issued a notice pursuant to any provision of this chapter shall be subject to an administrative fee of [$50] $75. Such costs, together with said fifty-dollar administrative fee, shall be charged against the land on which the building existed as a municipal lien or cause such cost and/or administrative fee shall be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner. The administrative fee of this subsection shall be waived in the event that all occupied units of the building have valid rental certificates § 183-10 Fees. 13 The applicant for a business certificate of use shall pay to the City the sum of $200 upon the issuance of the certificate. Thereafter, there shall be a yearly renewal fee of $50, plus an inspection fee of $50 for applicable businesses as determined under New York State law. § 210-14 Fees. A. For rental units which are subject to the terms of § 210-8A, the fees for the inspection and the issuance of a rental certificate for each rental unit are as follows: (1) Inspection: $50. (2) Reinspection: [$25] $50. (3) During each calendar year, an owner shall be charged for no more than two inspections for each rental unit and for as many reinspections as necessary, regardless of the number of inspections requested. B. The fee is $100 for the issuance of a rental certificate whenever an owner fails to submit an application for a rental certificate, as required by this chapter, prior to renting a unit. T C. For rental units which are subject to the terms of § 210-8C, the fees for the inspection and the issuance of a rental certificate for each rental unit are as follows: (1) Base fee: $500. AF (2) For each unit above 10 units: $20. (3) There will be no charge for the first reinspection, if one is necessary. Additional reinspections shall be subject to a fee of $100. Section 3: R D This Ordinance shall take effect March 3, 2025. Approved as to form this ____ day of February 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 14 CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: An Ordinance to add Section 264-113, Article III, to the Schenectady City Zoning Code to Regulate the Location of Cannabis Establishments and Uses. T The Council of the City of Schenectady in regular meeting convened, ordains as follows: AF 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 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. R Section 264-113 is hereafter amended as follows: Article I. D Section 264-113 DEFINITIONS A. 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: CANNABIS 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 State15Public 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 The direct delivery of cannabis products by a retail licensee, microbusiness licensee or a delivery HEMP licensee. T AF 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 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 R 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 D 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. 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 16 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 A licensee that may act as cannabis producer for the cultivation of cannabis, a cannabis producer for the T cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer. ON-SITE CONSUMPTION SITES AF The consumption of cannabis in an area licensed as provided by the New York State Marijuana Regulation and Tax Act (MRTA), as amended. RETAIL DISPENSARY Any facility or person who sells at retail any cannabis product, the sale of which a license is required R under the provisions of the New York State Marijuana Regulation and Tax Act (MRTA). RETAIL SALE D 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. 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 17 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: (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 T (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 AF (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 (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 R 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 D 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 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 18 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 religious properties. c. 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. d. T The lot line of a Cannabis Establishment shall not be located within 500-feet of parks and playgrounds. e. f. g. AF The lot line of a Cannabis Establishment shall not be located within 500-feet of child-care centers and youth organizations. 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 h. R 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. i. D 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. 3. 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. 19 Section 5. Attachment 2, Schedule B, of Chapter 264 shall be amended to reflect the language herein and such other additions to Section 264—113. Section 6. This Ordinance shall take effect immediately. Approved as to form this ___ day of February 2025. ____________________ Maxine Barasch, Esq. New language underlined. T AF R D 20 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 the City of Schenectady Zoning Map to Re-Zone the Properties that Make Up the Former St. Clare’s Hospital from an Institutional District to a R—3 Multiple-Family Residential District. Said Public hearing shall be held on Monday, February 24, 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 T comment relative to the proposed amendment to the City of Schenectady Zoning Map to re-zone the properties that make up the former St. Clare’s Hospital from an Institutional District to a R-3 Multiple-Family Residential District. AF RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: NOTICE OF PUBLIC HEARING R An Ordinance to Amend the City of Schenectady Zoning Map to Re-Zone the Properties that Make Up the Former St. Clare’s Hospital from an Institutional District to a R-3 Multiple-Family Residential District. D On Monday, February 24, 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 information on the proposed re-zoning will be made available on the City website at www.cityofschenectady.com for public inspection beginning no later than February 18, 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 February 24, 2025. 21 Approved as to form this ___ day of February 2025. ____________________________ Maxine Barasch, Esq. Corporation Counsel T AF R D 22 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Amending the Building Codes Fee Schedule as Authorized by Section 137-17 of Chapter 137 of the Schenectady City Code and Sections 138-21 and 138-11.1 Article IV, of Chapter 138 of the Schenectady City Code WHEREAS, a fee schedule Building, Plumbing and Electrical Standards and Building Code Administration shall be established by resolution as authorized by Section 137-17 of Chapter 137 of the Schenectady City Code and Sections 138-21 and 138-11.1 Article IV, of Chapter 138 of the Schenectady City Code; and T WHEREAS, from time to time it becomes necessary for the City of Schenectady to review and update fee schedules to reflect current administrative costs; and AF WHEREAS, the Schenectady City Council has reviewed the attached fee schedules and deems such fees as fair and reasonable and reflect the administrative costs to the City of Schenectady for Building, Plumbing and Electrical Standards and Building Code Administration; and WHEREAS, the fee schedules set forth and attached hereto and incorporated by reference into this Resolution shall be charged and collected for the submissions of applications, the issuance of R building permits, renewed building permits, amended building permits, certificates of occupancy/certificates of compliance, temporary certificates, operating permits, fire safety and property maintenance inspections and such and other further actions listed and other reviews of the Codes D Enforcement Bureau described in or contemplated in Chapters 137 and 138 of the Schenectady City Code; and NOW, THEREFORE BE IT, RESOLVED, that the fee schedules attached to this Resolution for such listed actions and activities of the Code Enforcement Bureau shall be charged and collected effective March 3, 2025. Approved as to form this ___ day of February 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 23 Building Permit Fee Schedule Application fees $75.00 Residential $200 Commercial Construction Cost Permit Fee Up to $10,000 .013(1.3%) of the Job Cost $10,001 - $100,000 .007(.7%) of amount over $10,000.00 + $130 Over $100,000 .003(.3%) of amount over $100,000.00 + $760 Permit Fee Samples $10,000 Job Cost(Res.) $130 + $75 = $205 $10,000 Job Cost(Com.) $130 = $200 = $330 $100,000 Job Cost $90,000 x .007 = $630 + $130 = $760 + $75 = $835 $1,000,000 Job Cost T $900,000 x .003 = $2,700 + $760 + $75 = $3,535 $50,000,000 Event Center AF $49,900,000 x .003=$149,700 + $760 + $200=$150,660 Roofing Permits and Demolition Permits Roofing and Demolition permit applications will no longer be a flat fee. They will be applied for as a building permit and follow the building permit fee structure. R D Parking Garage Permit review of submitted engineering reports and field inspection. $300 $400 0- 10,000 sqft facility 10001- 30,000 $600 30,001 and over After Hour Inspection Request Commercial - $150 per hour with a 2 hour minimum Residential - $75 per hour with a 2 hour minimum Sidewalk Permit $75 application fee plus $50 inspection fee Sidewalk Closure Without an active permit - $75 application fee plus $50 fee per every 30 days 24 With an active permit - $50 fee per every 1- 30 day period Dumpster Permit $75 application fee Asphalt Paving Permit Residential - $75 application fee with a $75 inspection fee Commercial-$115 application fee with a $75 inspection fee Curb Cut Permit Residential - $75 application fee with a $75 inspection fee Commercial - $115 application fee with a $75 inspection fee Fencing Permits Residential - $75 application fee with a $75 inspection fee Commercial - $115 application fee with a $75 inspection fee Stop work order Residential - $500 T Commercial - $1,000 Working Without a Permit AF Residential - $100 fee plus double permit fees Commercial - $200 fee with double permit fees Administrative Fees $75 R D Electrical fee schedule H. Reinspection fee. The permit and inspection fees hereinabove set forth entitle a contractor or the homeowner to one initial inspection and one inspection of the final work. If, for any reason, the Inspector is required to make an additional inspections, a fee of $50 for each additional inspection shall be charged to and paid by the contractor or the homeowner. Plumbing Fee schedule (a) 25 Application fee: $50. Street Permits Street Cut Permit $300 Street opening Permit $300 Hole Per Hole $100 Sidewalk Opening Permit $100 Pole Permit $150 Trench Cut $7 per sq ft Curb Cut Permit Surface Improvement Permit T $100 $100 Certificates and Licensing Certificate of Completion Certificate of Compliance AF $25 $25 R Certificate of Partial Compliance $25 D Occupancy Load Placard Landlord Registration (Rental Certificate Inspection Fees) $25 $50 per unit residential $50 per unit commercial $50 reinspection 26 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution to Amend and Reallocate the 2025 Capital Budget for the Purchase of Two Packer Vehicles. WHEREAS, the Schenectady City Council previously adopted the 2025 Capital Budget, and the 2025 Bond Anticipation Note (BAN)/Bond Ordinance for the purchase of two (2) Packer Vehicles (6 wheeled/16 yard capacity in the approved amount of $530.000; and T WHEREAS, to facilitate the immediate delivery of the needed vehicles, the City shall encumber a portion of unassigned fund balance to support the issuance of purchase orders for the vehicles; and WHEREAS, upon the closing of the 2025 BAN sale in May 2025 the City will use said BAN AF proceeds attributable to the purchase of the vehicles and return monies back to the unassigned fund balance and the remainder of the costs shall be paid out of the Type Capital; and NOW, THEREFORE BE IT, RESOLVED, that the City Council does hereby authorize 2025 Capital Budget reallocation with R BAN proceeds as set forth below: Account REV-A599 Description Appropriate Fund 25 CY Budget 5,463,626 Revised Budget 5,993,626 Available Budget (530,000) D Balance Exp -A9950- Transfer to other 498 Funds 0 530,000 (530,000) *Positive Numbers reflect a decrease in the budget line, allowing for the transfer to another line. Negative Numbers reflect an increase in the budget line. Approved as to form this ____day of February ____________________________ Maxine Barasch, Esq. Corporation Counsel 27 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Declaring that the Adoption of the Ordinance Creating Section 264-113, Article III, of the Code of Ordinances is a Type II Action and Is Not Subject to Environmental Review of the State Quality Review Act (SEQR). WHEREAS, New York State Law mandates that a municipality perform a State Environmental Quality Review (SEQR) prior to initiating certain projects within the boundaries of a municipality; and T WHEREAS, the Adoption of the Ordinance Creating Section 264-113, Article III, of the Code of Ordinances “ An Ordinance to add Section 264-113, Article III, to the Schenectady City Code to Regulate the Location of Cannabis Establishment and Uses” is in accordance with 6 New York Code of Rules and Regulations (NYCRR) Part 617.5 (c) (26), State Environmental Quality Review and is classified as a Type AF II Action and is not subject to environmental review under SEQR; and NOW, THEREFORE BE IT, RESOLVED, that the Mayor, Gary R. McCarthy, and City Council may consider the Ordinance Creating Section 264-113 of the Schenectady City Code without the necessity of an environmental review under SEQR. R Approved as to form this ___day of February 2025. D ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 28 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution in Support of the Schenectady Food Council’s Advocacy and Empowerment Working Group’s Request Regarding Programs and Initiatives Addressing Food Insecurity In NYS FY 2026 Budget T WHEREAS, it is the vision of the Schenectady County Food Council that all residents of Schenectady County will have consistent, reliable, and equitable access to a sufficient amount of AF healthy food for themselves and their families, and WHEREAS, as part of achieving that vision, the Council’s Advocacy and Empowerment Working Group empowers all stakeholders in our local food system to advocate for changes at all levels of government, and R WHEREAS, the Schenectady County Food Council has engaged with a wide variety of stakeholders from across our food system to develop the following priorities for the NYS FY 2026 Budget: • • D Supporting legislation A.1318 and S.665 which would guarantee a minimum Supplemental Nutrition Assistance Program (SNAP) minimum monthly benefit of $100; Fully funding the Hunger Prevention and Nutrition Assistance Program (HPNAP) and Nourish NY program at $75 Million each; WHEREAS, the Schenectady County Food Council’s Advocacy and Empowerment Working Group sent a letter requesting support of the priorities listed above in the NYS FY 2026 budget to Governor Kathy Hochul; State Senator James Tedisco (NY-44); State Senator Pat Fahy (NY-46); State Assemblymember Phil Steck (NY-110); State Assemblymember Angelo Santabarbara (NY-111); State Assemblymember Mary Beth Walsh (NY-112); NOW, THEREFORE, BE IT, RESOLVED, that the Schenectady City Council formally supports the request by the Schenectady County Food Council’s Advocacy and Empowerment Working Group, and encourages the Governor and NYS legislators to address the priorities listed above in the NYS 29 FY 2026 budget. Approved as to form this ___ day of February 2025 __________________________ Maxine L. Barasch, Esq. Corporation Counsel T AF R D 30 Dear NY Assemblymembers Serving Schenectady County, We write to you on behalf of the Schenectady County Food Council Advocacy & Empowerment Working Group. We are asking for your support in addressing food and nutrition insecurity in New York State in the upcoming budget. Specifically, we are asking for your support in ensuring that the Hunger Prevention Nutrition Assistance Program (HPNAP) is funded at $75 million, Nourish New York is funded at $75 million, that you work to secure the 40-yearlong precedent of supporting food pantries, food rescues, meals programs, in addition to food banks with any increases to these programs, and that you work to secure a $100 minimum benefit for SNAP. T Schenectady County Food Council Advocacy & Empowerment Working Group works to create systemic change across all levels of government, with a focus on amplifying the voices of AF individuals who have experienced nutrition insecurity. New York State is experiencing an increase in food insecurity. This year the USDA ERS report released that 1 in 8 New York households are experiencing food insecurity. That is an increase from 1 in 10 in the year prior. R In conjunction with the dramatic 25% rise of food inflation from 2019, the pressure on direct providers to meet these needs is immense. Not only is it more expensive for families to shop at the D grocery store, but it’s also more expensive to keep pantry shelves stocked with healthy, nutritious food. Food pantries need direct support to provide culturally appropriate, nutritious food with proper staffing and operations. Putting the funding directly into local communities' better addresses needs and builds a stronger, more reliable food supply chain. Additionally, we do not do this work alone. We’re asking for this funding because we are part of a coalition of frontline community food providers (food pantries, community meals programs, etc.). We participate in The Alliance for a Hunger Free New York because we know that we can do more together than any one of us can do alone. In one of the richest states in the richest country in the history of the world, no one should lack access to healthy and culturally appropriate food. Fully funding HPNAP and Nourish NY at $75 million each, allowing for direct contracts with direct providers, and securing a $100 minimum 31 benefit for SNAP will greatly assist our communities in solving the worst food affordability crisis since the Great Depression. On behalf of all those in New York State, we ask that you support community food providers by signing onto Assemblymember Cruz's Budget Letter (linked here). You can sign on by sending an email with their electronic signature to Assemblywoman Cruz's Chief of Staff, Robyn Enes, at enesr@nyassembly.gov by February 11 at 5 p.m. We appreciate your leadership and are grateful for your support. Sincerely, Linda Knipper & Rev. Dustin G. Longmire T Schenectady County Food Council Advocacy and Empowerment Working Group Co-Chairs CC: AF Assemblymember Phil Steck, Assemblymember Angelo Santabarbara, Assemblymember Mary Beth Walsh R D 32 Dear Senators Serving Schenectady County, We are writing you on behalf of the Schenectady County Food Council Advocacy & Empowerment Working Group to ask for your support in addressing food and nutrition insecurity in New York State in the upcoming budget. Specifically, we are asking for your support in ensuring that the Hunger Prevention Nutrition Assistance Program (HPNAP) is funded at $75 million, Nourish New York is funded at $75 million, that you work to secure the 40-yearlong precedent of supporting food pantries, food rescues, meals programs, in addition to food banks with any increases to these programs, and that you work to secure a $100 minimum benefit for SNAP. T Schenectady County Food Council Advocacy & Empowerment Working Group works to create systemic change across all levels of government, with a focus on amplifying the voices of individuals who have experienced nutrition insecurity. AF New York State is experiencing an increase in food insecurity. This year the USDA ERS report released that 1 in 8 New York households are experiencing food insecurity. That is an increase from 1 in 10 in the year prior. R In conjunction with the dramatic 25% rise of food inflation from 2019, the pressure on direct providers to meet these needs is immense. Not only is it more expensive for families to shop at the grocery store, but it’s also more expensive to keep pantry shelves stocked with healthy, nutritious food. D Food pantries need direct support to provide culturally appropriate, nutritious food with proper staffing and operations. Putting the funding directly into local communities' better addresses needs and builds a stronger, more reliable food supply chain. Additionally, we do not do this work alone. We’re asking for this funding because we are part of a coalition of frontline community food providers (food pantries, community meals programs, etc.). We participate in The Alliance for a Hunger Free New York because we know that we can do more together than any one of us can do alone. In one of the richest states in the richest country in the history of the world, no one should lack access to healthy and culturally appropriate food. Fully funding HPNAP and Nourish NY at $75 million each, allowing for direct contracts with direct providers, and securing a $100 minimum benefit for SNAP will greatly assist our communities in solving the worst food affordability crisis since the Great Depression. 33 On behalf of all those in New York, we ask that you support community food providers by signing onto Senator Michelle Hinchey’s Budget Letter (linked here). You can sign on by sending an email with your electronic signature to msogut@nysenate.gov by February 7th at 5 p.m. We appreciate your leadership and are grateful for your support. Sincerely, Linda Knipper & Rev. Dustin G. Longmire Schenectady County Food Council Advocacy and Empowerment Working Group Co-Chairs CC: Senator Patricia Fahy; Senator James Tedisco T AF R D 34 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Correcting Spelling Errors in Resolution No. 2024-245 Authorizing the Sale of 28 Moyston Street for $25,000.00. WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 49.34-2-21; and T WHEREAS, there is no municipal use for the property: AF WHEREAS, the Schenectady City Council resolved to sell said parcel in Resolution No. 2024-245; WHEREAS, Resolution No. 2024-245 contained a spelling error in the first name of one of the purchasers – “Rajindra” where instead it should be “Rajindar”; R NOW, THEREFORE BE IT, RESOLVED, the Schenectady City Council hereby amends Resolution No. 2024-245 to delete “Rajindra” and insert “Rajindar” in its place, thereby authorizing the Mayor to enter into a D contract to transfer the title of parcel numbered SBL # 49.34-2-21 to Rajindar and Chandra Kumar and/or assign for the sum of Twenty Five Thousand Dollars ($25,000.00); and be it further RESOLVED, the other provisions of Resolution 2024-245 remain unchanged. Approved as to form this ____ day of February, 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 35 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 25 Moyston Street for $31,000. WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered 49.34-1-33; and WHEREAS, there is no municipal use for the property: NOW, THEREFORE BE IT, T RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered 49.34-1-33 to Teekah Lachman and/or assign for the sum of THIRTY ONE AF THOUSAND AND 00/100 DOLLARS ($31,000.00); and be it further RESOLVED, that the terms of the contract for sale to an Investor Buyer shall contain a clause requiring that purchaser pay $500 at closing for building, electrical, plumbing and other applicable permits, that rehabilitation of the property begin within thirty days of the purchase, and that total rehabilitation of the property, requiring compliance with the State Building Code and securing R appropriate building permits with necessary inspections be completed within 6 Months of purchase, as well as any other terms deemed necessary by the Corporation Counsel. D Approved as to form this ____ day of February, 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 36 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Issuance of Revocable Permit No. 688 to Insomnia Cookies Operators LLC for Gooseneck Lighting That Will Overhang the City’s Right-of-Way on the Face of the Building at 118 Jay Street. T WHEREAS, Insomnia Cookies Operators LLC, wishes to install Gooseneck Lighting that will overhang the City’s Right-of-Way on the face of the building at 118 Jay Street, Schenectady, New York; and AF WHEREAS, the City Engineer recommends the issuance of a permit for the Gooseneck Lighting; and WHEREAS, said revocable permit shall be subject to the standard conditions that include, but are not limited to, the required indemnification of the City for any and all lawsuits R stemming from the installation of these items, securing and maintaining liability and casualty insurance, and the maintenance of the encumbrance on City property; and D WHEREAS, said permit shall be subject to revocation at the discretion of the City Engineer: NOW THEREFORE BE IT, RESOLVED, that the City Engineer is hereby authorized to issue Revocable Permit No. 688 to Insomnia Cookies Operators LLC for Gooseneck Lighting that will overhang the City’s right-of-way on the face of the building at 118 Jay Street, Schenectady, New York. Subject to such terms, conditions and restrictions as may be justified by the City Engineer’s expert professional opinion to safeguard the interests of the City. Approved as to form this ___ day of February 2025 __________________________ Maxine L. Barasch, Esq. Corporation Counsel 37 D 38 R AF T D 39 R AF T D 40 R AF T D 41 R AF T D 42 R AF T Docusign Envelope ID: BE9D54DA-4FB6-4BFF-A715-481E3C285B11 January 30, 2025 Re: Letter of authorization – Revocable Permit Application To Whom It May Concern: I, Louis Smookler, Chief Legal Officer and Secretary of Insomnia Cookies Operators, LLC (the “Company”), hereby authorize Kaitlynn Price, the Company’s Design Director, to act as the Company’s authorized representative for purposes of completion of the City of Schenectady Department of Engineering Revocable Permit application. Ms. Price’s authorization shall include the power to execute all permit applications and any other associated documents on behalf of the Company. Please contact me at the below email address if you have any questions or concerns. Sincerely, T Louis Smookler AF Chief Legal Officer/Secretary Insomnia Cookies R D Louis Smookler Chief Legal Officer, Insomnia Cookies 350 Seventh Avenue, Suite 1403 | New York, NY 10001 | legalteam@insomniacookies.com 43 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Jamelle D. Collins WHEREAS, Jamelle D. Collins filed a claim (2023-002) with the City of Schenectady; and WHEREAS, the Office of the Corporation Counsel has recommended that it would be in the best interest of the City to settle this matter; and T WHEREAS, the settlement proposal was accepted by the City Claims Committee: NOW, THEREFORE BE IT, AF RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement with Jamelle D. Collins to settle the claim for $10,000.00, the terms of which shall be set by the Corporation Counsel. R Approved as to form this D 10th day of February 2025. ____________________________ Maxine L. Barasch , Esq. Corporation Counsel 44 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Lamont & Charmaine Truttling WHEREAS, Lamont & Charmaine Truttling filed a claim (2021-066) with the City of Schenectady; and T 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 AF WHEREAS, the settlement proposal was accepted by the City Claims Committee: NOW, THEREFORE BE IT, RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement R with Lamont & Charmaine Truttling to settle the claim for $120,000.00, the terms of which shall be set by the Corporation Counsel. D Approved as to form this 10th day of February 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 45 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Settlement of a Claim by Michael Tralongo WHEREAS, Michael Tralongo filed a claim (2024-50) with the City of Schenectady; and WHEREAS, the Office of the Corporation Counsel has recommended that it would be in the best interest of the City to settle this matter; and T WHEREAS, the settlement proposal was accepted by the City Claims Committee: NOW, THEREFORE BE IT, AF RESOLVED, that the Office of the Corporation Counsel is authorized to enter into a settlement with Michael Tralongo to settle the claim for $1,754.78, the terms of which shall be set by the Corporation Counsel. R Approved as to form this D 10th day of February 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 46 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Accepting the Proposal and Awarding a Contract for the Upfitting of Police Vehicles WHEREAS, the City of Schenectady issued a Request for Proposal (RFP) for the upfitting of several Police Department vehicles; and T WHEREAS, the City of Schenectady’s Purchasing Agent received one proposal; and NOW THEREFORE BE IT, AF RESOLVED, that the Schenectady City Council, acting as a Board of Contract and Supply under C5-9 of the City Charter, confirms and ratifies the acceptance of the Proposal and the awarding of the contract to Auto Solutions of New York Inc., 78 Freemans Bridge Road, Glenville, New York for the work and price rates set forth in the specifications of the R RFP and the submitted Proposal; and IT IS FURTHER RESOLVED, that the Mayor or his designee is authorized execute the contract identified hereinabove, the terms of which shall be set by the City Purchasing D Agent in cooperation with the Corporation Counsel. Approved as to form this ___ day of February 2025. __________________________ Maxine L. Barasch, Esq. Corporation Counsel 47 CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Accepting the Bid and Awarding the Contract for Tree Removal Services at the Schenectady Municipal Golf Course. T WHEREAS, the City of Schenectady Engineering Department solicited and received bids for “Golf Course Tree Removal”; and AF WHEREAS, the City of Schenectady’s Engineering Department received four bids; and NOW THEREFORE BE IT, RESOLVED, that the City Council, acting as a Board of Contract and Supply under Section C5-9 of the City Charter, confirms and ratifies the acceptance of the bid and the R awarding of the contract to Kevin Downes Tree Service Co., of Hawthorne, New Jersey, for the base bid and the additional alternates A, C, and D. The funding of this project is to be charged to the capital budget code that was specifically set up for this project in the amount of D $187,000.00; and IT IS FURTHER RESOLVED, that the Mayor or his designee is authorized execute the contract identified hereinabove, the terms of which shall be set by the City Engineering Department in cooperation with the Corporation Counsel. Approved as to form this ___ day of February 2025 __________________________ Maxine L. Barasch, Esq. Corporation Counsel 48 D 49 R AF T D 50 R AF T D 51 R AF T D 52 R AF T 2025-01-GC - Golf Course Tree Removal Addendum No: 1 (Published) Plan Holders List Plan Holders List Organization Name Main Contact Download Date City Province/State Griffin Organics Jeremy Levy 01/16/2025 11:06 AM EST Peekskill New York Advantage Tree Service Andrea Way 01/16/2025 09:18 AM EST delmar New York Downes Tree Service, Carly Schrantz 01/15/2025 09:08 AM EST Hawthorne New Jersey Inc. LW Tree Service Inc. Ternice Winne 01/15/2025 08:22 AM EST Hurley Bark Eater Tree Service Peter Frisoni 01/14/2025 05:58 AM EST Scotia New York Adirondack Tree Philip Viger 01/13/2025 12:05 PM EST Gansevoort New York Surgeons Inc Gov Solution Corp Gov Solutions 01/12/2025 12:32 PM EST Los Angeles California Great Lakes Tree Kevin Covey 01/09/2025 11:00 AM EST Frewsburg New York Services, Inc. Northern Tree Service, Matthew Melillo 01/08/2025 06:11 PM EST Palmer Massachusetts LLC School Wholesale JP DAS 01/08/2025 01:29 AM EST Nashville Tennessee Supplies LLC R.C.I. General Contracting, LLC Jeff Klossner T 01/07/2025 05:10 PM EST Sayre Pennsylvania HMD Construction Group LLC Eocene Environmental Group, Inc. jons tree service Asplundh Tree Expert, LLC maria permyakova Josh Beaver jonathan friedt Phyllis Visco AF 01/07/2025 11:46 AM EST 01/07/2025 09:05 AM EST 01/07/2025 08:25 AM EST 01/07/2025 08:03 AM EST Millstone Township West Des Moines ELMIRA Willow Grove New Jersey Iowa New York Pennsylvania no The Davey Tree Expert Company R Thomas Meyer John Wickes 01/07/2025 07:52 AM EST 01/07/2025 07:25 AM EST West henrietta Spring Valley New York New York D Whittaker Brothers Farney Tree & Excavation Morgan Contracting Construction Journal North America Roland Whittaker john farney Donald Senecal Construction Journal Tim Loncarich 01/07/2025 07:12 AM EST 01/07/2025 07:07 AM EST 01/07/2025 07:04 AM EST 01/06/2025 07:43 PM EST 01/06/2025 05:09 PM EST New York CROGHAN Rotterdam Stuart Grand Junction New York New York New York Florida Colorado Procurement Council, Inc. PBC Chameleon Property Jeremiah Erickson 01/06/2025 05:08 PM EST Latham New York Services LLC Ramos&V tree services Eronides Ramos 01/06/2025 04:58 PM EST Yonkers New York inc James H. Maloy , Inc Peter Maloy 01/06/2025 04:38 PM EST Loudonville New York Terry Tree Service LLC Heather Kennard 01/06/2025 04:29 PM EST Henrietta New York Redwood Landscape LLC John Hillmann 01/06/2025 04:28 PM EST Selkirk New York Dom's Lawn Maker, Inc. Dominick D'Alonzo 01/06/2025 04:01 PM EST Port Washington New York Quality Forestry Michael Trautschold 01/06/2025 04:00 PM EST ROSCOE New York Managements Bartlett Tree Experts Mark Kicher 01/06/2025 03:59 PM EST East Syracuse New York 01/28/2025 11:20 AM EST 53 Page 6 of 6 CITY COUNCIL SCHENECTADY, NEW YORK Councilmember offered the following: A Resolution Recognizing US Army Veteran Leonard F. Porcaro WHEREAS, Leonard Porcaro was born February 1, 1932, in Albany, NY. He was one of six children born to Leonard and Mary Porcaro. He attended Philip Schuyler High School; and WHEREAS, Leonard entered the US Army Artillery on August 1952; and WHEREAS, while serving in the US Army, Leonard studied Radio Communication in the 9th Infantry Division. He was assigned as a Radio Operator. He received the Army of Occupation Medical in Germany and the National Defense Service Medal; and T WHEREAS, Leonard was released from the Army as a Corporal on July 20, 1954; after his military service AF he worked for Keeler Restaurant, General Electric, and the US Postal Service from which he retired in 1992; and WHEREAS, as a veteran Leonard served as American Legion Post 1005 Commander for more than 40 years, since its inception Commander of the American Legion Schenectady County; and R WHEREAS, Leonard Porcaro resided in Schenectady after his marriage to Anita. Together they had four children, and have eight grandchildren and six great-grandchildren; and D WHEREAS, Leonard Porcaro passed away on August 31, 2024; and WHEREAS, as a City and a Nation, we are proud to support the brave men and women of our Armed Forces who risk their lives to protect the freedom of America and our allies. NOW, THEREFORE BE IT, RESOLVED, that the Schenectady City Council and Mayor Gary R. McCarthy, do hereby acknowledge that the liberty that we enjoy comes at a price paid by valiant men and women. We offer this resolution posthumously, with respect and gratitude to Leonard F. Porcaro, recognizing his service to our country and saying thank you for defending our freedom. Approved as to form this ____ day of February, 2025. ____________________________ Maxine L. Barasch, Esq. Corporation Counsel 54

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