City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, February 05, 2018 5:30 p.m. Room 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. City Development & Planning 1 ABAC Clock Tower Lighting Chris Wallin 2 Review - Environmental Significance of the Community Builders Project PH 02/05 Development 3 Final Review - Energize NY Local Law Carl Falotico 4 CR - Recognize National Boy Scouts Day Ed Kosiur Finance 1 CSEA Contract Approval Mayor McCarthy Government Operations 1 Discussion - Time Limit for Public Hearing Comment Vince Riggi Public Safety 1 Final Review - Taxi Ordinance L. Perazzo/E. Kosiur 2 Discussion - Nuisance Law Carl Falotico 3 Review - Employee Background Check PH 02/05 Law Claims 1 Damage Claim - Legere Kelly Walsh  City Development & Planning - cont'd 5 Review 2017 Q4 Property Sales Rachael Ward 6 Sale of 139 Western Parkway Rachael Ward 7 Sale of 3114 Albany Street Rachael Ward 8 Sale of 319 Linden Street Rachael Ward 9 Sale of 45 Cheltingham Avenue Rachael Ward 10 Sale of 66 Garfield Avenue Rachael Ward 11 Sale of 542 Paige Street Rachael Ward 12 Sale of 726 Kenwood Avenue Rachael Ward 13 Sale of 800 Lincoln Avenue Rachael Ward 14 Sale of 1639 Carrie Street Rachael Ward 15 Sale of 1331 Hodgson Street Rachael Ward 16 Sale of 1040 Wendell Avenue Rachael Ward 17 Sale of 1687 Avenue A Rachael Ward 18 Sale of 1615 Eastern Parkway Rachael Ward 19 Sale of 827 Bridge Street Rachael Ward 20 Sale of 116 Odell Street Rachael Ward 21 Sale of 1624 Hawthorne Street Rachael Ward 22 Sale of 1041 Cutler Street Rachael Ward 2 Committee Agenda February 5,2018  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 2/5/2018 TO: COUNCILMEMBERS FROM: Development SUBJECT: Review - Environmental significance of the Community Builders Project PH Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 2/5/2018 TO: COUNCILMEMBERS FROM: Carl Falotico SUBJECT: Final Review - Energize NY Local Law Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: December 28, 2017 TO: COUNCILMEMBERS FROM: Law Department at the request of the Office of the Mayor SUBJECT: Energize New York Benefit Financing Program Background Information: On February 8, 2016, the City Council passed Local Law 002-2016 entitled "A Local Law to Establish a Sustainable Energy Loan Program in the City of Schenectady." This law encompassed and implemented changes made by the State Legislature to General Municipal Law (GML) Article 5-L providing for the Property Assessed Clean Energy Program, also known as PACE. PACE allows municipalities to provide financing to property owners for the installation of renewable energy systems and energy efficiency measures through a voluntary agreement to have a special assessment charge placed on the property's annual tax bill. A municipality accomplishes this goal in partnership with the Energy Improvement Corporation (EIC), a NYS non-profit local development corporation focused on helping property owners reduce energy costs. The City of Schenectady is a current member in the EIC. In September 2017, the NYS Legislature amended and the Governor signed into law changes to the PACE program. Evaluation/Analysis: The changes made to the PACE law in September 2017 include: 1.) An adjustment of the cap on available financing from 10% to 35% of the appraised value of the subject property; and  2.) Allows PACE funding to be used to finance remote net metering solar and other energy improvement projects (e.g. if a corporation owns multiple properties within the City, the energy benefit required to become eligible for PACE funding may be based on the savings attributed to multiple properties, not just the one where the improvement is located.); and 3.) The amendment allows municipalities to use State funding and allows a State Agency to provide credit to support the PACE program, whereas the old law limited municipalities to only using federal grants or federal credit support. The City Council is required to pass a Local Law in order for qualifying property owners within the City of Schenectady to be considered eligible for this funding. Recommendation: With the continued infrastructure developments currently being considered throughout the City, along with the Mayor's Smart City Initiative, it is imperative that the City Government continue to enable access to alternative funding sources that allow for improvements. As the City passed Local Law 002-2016, which implemented the PACE program to achieve those goals, it should also pass this updated Local Law to reflect recent changes made at the State level to GML Article 5-L. LEGISLATION WILL BE PREPARED BY________LAW_____________ Intro. Res. No. -2017 Introduced by ______________ RESOLUTION NO. ____- 2017, ADOPTING LOCAL LAW NO.____ -2017, A LOCAL LAW TO IMPROVE AND STRENGTHEN THE SUSTAINABLE ENERGY LOAN PROGRAM WHEREAS, there was duly presented and introduced to this (Board/Council/Legislature) at a meeting held on____________, 201_, a proposed local law entitled, "A LOCAL LAW TO IMPROVE AND STRENGTHEN THE SUSTAINABLE ENERGY LOAN PROGRAM"; now, therefore be it RESOLVED, that said local law be enacted in form as follows: LOCAL LAW NO. -2017, _________________, NEW YORK A LOCAL LAW TO IMPROVE AND STRENGTHEN THE SUSTAINABLE ENERGY LOAN PROGRAM BE IT ENACTED BY THE (Town/City/County) (Board/Council/Legislature) OF THE (municipality name), as follows: Section 1. Legislative Intent. This (Board/Council/Legislature) hereby finds and determines that the (municipality name) enacted Local Law No. (original Local Law #), pursuant to provisions of New York General Municipal Law, to establish a Sustainable Energy Loan Program. This program authorized the Energy Improvement Corporation (“EIC”), a local development corporation acting on behalf of the (municipality name), to make funds available to qualified property owners for the installation of renewable energy systems and energy-efficiency measures. This (Board/Council/Legislature) further finds that the New York State Legislature recently amended certain provisions of the municipal sustainable energy loan program to “eliminate barriers that have been identified that have prevented the program from reaching its full potential.” This (Board/Council/Legislature) finds that the amendments to the program, enacted as Chapter 320 of the 2017 Laws of the State of New York, seek to encourage net metered and community solar projects, will allow the (municipality name)’s program to use monies available from the State or any State authority, and will permit a more flexible loan standard for commercial properties. Therefore, the purpose of this law is to amend the (municipality name)’s Sustainable Energy Loan Program in conformity with changes recently enacted to the New York State enabling legislation. Section 2. Amendments. Chapter ____ of the (municipality name) CODE is hereby amended as follows: CHAPTER ____ Article I. Sustainable Energy Loan Program [AMENDMENTS OF ARTICLE ONE OF THE EXISTING LOCAL LAW TO BE FILLED IN HERE] Section 6. Effective Date. This law shall take effect immediately upon its filing in the Office of the Secretary of State. [ ] Brackets denote deletion of existing language ___ Underlining denotes addition of new language DATED: APPROVED BY: _____________________________ (CHIEF EXECUTIVE OF MUNICPALITY) Date: 2 10/25/17 DRAFT LOCAL LAW NO. – 20__ A LOCAL LAW TO ESTABLISH A SUSTAINABLE ENERGY LOAN PROGRAM IN THE _________________ Be it enacted by the [County/City/Town/Village] of _________________ as follows: Section 1. This Local Law shall be known as the “Energize NY Benefit Financing Program,” and shall read as follows: ARTICLE I §1. Legislative findings, intent and purpose, authority. A. It is the policy of both the _________________ and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The _________________ finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This chapter establishes a program that will allow the Energy Improvement Corporation (“EIC”), a local development corporation, acting on behalf of the _________________ pursuant to the municipal agreement to be entered into between the ____________ and EIC pursuant to Article 5-G of the New York General Muncipal Law (the “Municipal Agreement”), to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this law and fulfilling an important public purpose. B. The _________________ is authorized to implement this Energize NY Benefit Financing Program pursuant to the Municipal Home Rule Law and Article 5-L of the New York General Municipal Law. C. This law shall be known and may be cited as the “Energize NY Benefit Financing Program Law of the _________________”. §2. Definitions For purposes of this law, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated: 1 10/25/17 DRAFT Authority – The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the Public Authorities Law, or its successor. EIC – the Energy Improvement Corporation, a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of the _________________ to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this law) and providing for repayment of such funds from monies collected by the _________________ tax collecting officer as a charge to be levied on the real property and collected in the same manner and same form as the _________________ taxes. Energy Audit – A formal evaluation or “assessment” of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property. Energy Efficiency Improvement – Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weatherstripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property. Qualified Property Owner – An owner of residential or commercial real property located within the boundaries of the _________________ that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this law. Renewable Energy System – An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, except when the Qualified Property Owner is a commercial entity in which case the system may be used for other properties in addition to the subject property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste. Renewable Energy System Feasibility Study – A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system. 2 10/25/17 DRAFT §3. Establishment of an Energize NY Benefit Financing Program A. An Energize NY Benefit Financing Program is hereby established by the _________________, whereby EIC acting on its behalf pursuant to the Municipal Agreement, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this law, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements. B. For funds provided to a Qualified Property Owner which is a commercial entity, not- for-profit organization, or entity other than an individual, EIC shall have the authority to impose requirements on the maximum amount of funds to be provided, which may consider factors including but not limited to the property value, projected savings, project cost, and existing indebtedness secured by such property. C. For financings made to a Qualified Property Owner who is an individual, the funds provided shall not exceed the lesser of: (i) ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or (ii) the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements. §4. Procedures for eligibility A. Any property owner in the _________________ may submit an application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the _________________ offices. B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of the _________________, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in section 5 of this law. EIC may also request further information from the property owner where necessary to aid in its determination. C. If a positive determination on an application is made by EIC acting on behalf of the _________________, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 6 of this law; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner. 3 10/25/17 DRAFT §5. Application criteria Upon the submission of an application, EIC acting on behalf of the _________________, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing: A. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective based on guidelines issued by the Authority; B. The property owner may not be in bankruptcy and the property may not constitute property subject to any pending bankruptcy proceeding; C. The amount financed under the Energize NY Benefit Financing Program shall be repaid over a term not to exceed the weighted average of the useful life of Renewable Energy Systems and Energy Efficiency Improvements to be installed on the property as determined by EIC; D. Sufficient funds are available from EIC to provide financing to the property owner; E. The property owner is current in payments on any existing mortgage; F. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and G. Such additional criteria, not inconsistent with the criteria set forth above, as the _________________, or EIC acting on its behalf, may set from time to time. §6. Opt-in, Energize NY Finance Agreement A. A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an energize NY finance agreement made by and between the Qualified Property Owner and EIC, acting on the behalf of the ____________ (the “Energize NY Finance Agreement”). B. Upon execution of the Energize NY Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of _________________, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of Section 7 of this law have been met. C. The Energize NY Finance Agreement shall include the terms and conditions of repayment set forth under section 8 of this law. 4 10/25/17 DRAFT §7. Energy audit, renewable energy system feasibility study A. No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 2. B. No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in Section 2. C. The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved. §8. Terms and conditions of repayment The Energize NY Finance Agreement between the Qualified Property Owner and EIC acting on behalf of the _________________, shall set forth the terms and conditions of repayment in accordance with the following: A. The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on their _________________ tax bill and shall be levied and collected at the same time and in the same manner as _________________ property taxes, provided that such charge shall be separately listed on the tax bill. The _________________ shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the date the payment is due to be made to ______________. B. The term of such repayment shall be determined at the time the Energize NY Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of the _________________. C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the _________________ at the time the Energize NY Finance Agreement is executed by the property owner and EIC. D. The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program as set forth in Article 5-L of the General Municipal Law and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon. §9. Verification and report 5 10/25/17 DRAFT A. EIC shall be responsible for verifying and reporting to the _________________ on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such Program. B. The _________________ shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish. Section 2. This local law shall take effect upon filing with the Secretary of State. 6  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 2/5/2018 TO: COUNCILMEMBERS FROM: Ed Kosiur SUBJECT: CR - Recognize National Boy Scouts Day Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Government Operations DATE: 2/5/2018 TO: COUNCILMEMBERS FROM: Vince Riggi SUBJECT: Discussion - Time Limit for Public Hearing Comment Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety DATE: 2/5/2018 TO: COUNCILMEMBERS FROM: L. Perazzo/E. Kosiur SUBJECT: Final Review - Taxi Ordinance Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc 1. DEFINITIONS. Driver – Any person who engages in the business of driving a Taxicab, whether such person is the Owner, an employee, or an independent contractor. Hack License – A license given to an individual who meets the United States Residency, New York State Department of Motor Vehicle Licensing, New York State Department of Financial Services, New York State Tax and Finance, and Municipality’s criteria for the privilege of driving a taxicab in the State of New York. Includes both Municipal and Unified Hack Licenses. LENS – The New York State License Event Notification System used to monitor the driving records of any person applying and holding a Hack License or Owners License. Medallion – A decal distributed by or on behalf of the Municipality, prominently placed on a vehicle used for hire that signifies it is licensed to do business as a taxicab in the community in which it is operating. Includes both Municipal and Unified Medallions. Municipality – The City of Schenectady. Operate a Taxicab – Includes Taxicab service that is conducted within the corporate limits of the Municipality. Owner – Any person or corporation owning or having control of the use of one or more Taxicabs used for hire upon the streets of the Municipality or engaged in the business of Operating a Taxicab. Owner’s License – A license issued to a person and/or corporation owning, operating or having control of one or more Taxicabs used for hire upon the streets of the Municipality that meets all of the criteria established for that license including criteria established by New York State Department of Motor Vehicles, the New York State Department of Financial Services and New York State Tax and Finance criteria. Includes both Municipal and Unified Owner’s Licenses. Participating Municipality – Any municipality that is a signatory to the Unified License Memorandum of Understanding. Person – Any individual, corporation, partnership or other legal entity filing for a Taxicab Owner’s License or Taxicab Medallion. Taxicab – Includes any motor vehicle of a type that the General Municipal Law § 181 or relevant municipal law permits a municipality to regulate, that is engaged in the service of transporting passenger(s) for hire, when such service is available to the general public on a 1  prearranged or demand-response basis over a non-specified or irregular route with the point or points of pickup and discharge determined by the passenger. Taximeter – An instrument or computer application that automatically calculates the fare charged to a traveler utilizing the service of a Taxicab. Unified License Memorandum of Understanding – The inter-municipal agreement among Participating Municipalities regarding Unified Licenses and Medallions. Unified Hack License – A Hack License authorizing the Driver to Operate a Taxicab in all Participating Municipalities. Unified Medallion – A Medallion authorizing the operation of a Taxicab vehicle in all Participating Municipalities. Unified Owner’s License - An Owner’s License valid in all Participating Municipalities. 2. LICENSING. a. Requirement – Licenses needed to operate No Taxicab shall be operated within the Municipality without first having obtained a Medallion and being operated pursuant to a validly issued Owner’s License. No Person shall operate a Taxicab within the Municipality without first having obtained a Hack License. b. Owner’s License Each application for a Taxicab Owner’s License shall be signed and shall be made upon the appropriate Common Taxicab Owner’s License Application Form. Said application shall contain the following information: i. The name, date of birth, and residence of the Person applying for the license. In the event the applicant is a partnership or operating under an assumed name, a certified copy of the certificate of partnership or assumed name must be provided at the time of application. In the event that the applicant is a corporation, the names and addresses of all corporate officers and stockholders must be provided at the time of application. ii. The number of Taxicabs for which the application is being made, stating the ownership, make, type, year of manufacture, vehicle identification number, and passenger seating capacity for each of the vehicles to be licensed under the application. iii. A copy of the Certificate of Insurance showing the year, make, model and vehicle identification number and coverage for each Taxicab vehicle licensed under the application, as evidence that the Taxicab is covered by NYS admitted insurer commercial automobile insurance including Bodily Injury and Uninsured Motorist Coverage in a minimum amount of One Hundred Thousand Dollars ($100,000) per person with a Three Hundred Thousand Dollar ($300,000) aggregate, and 2  verification of registration for each vehicle for use as a Taxicab by the New York State Department of Motor Vehicles. iv. Whether the applicant has been convicted of or plead guilty to any crimes, and if so, the crime(s) along with the date(s) and jurisdiction(s) of conviction. v. Whether the applicant is or has been previously licensed as a Taxicab Owner or Operator and, if so, in what jurisdiction(s). vi. Whether the applicant currently holds or was the former holder of a Taxicab Owner’s or Operator’s License which has been expired, revoked or suspended and, if so, for what reason, giving the name of the issuing municipality and the dates and reasons for the expiration, revocation and/or suspension. vii. As a condition to the issuance of a Taxicab Owner’s License, the applicant agrees to require all Drivers of the Owner’s Taxicabs obtain Hack Licenses, maintain a Valid NYS Driver’s License of Class E or CDL which is neither expired, revoked, suspended, or has any conditionality attached to it by the NYS Department of Motor Vehicles which would prohibit said Driver from safely driving or operating a Taxicab, and to register with and be subject to the New York State LENS program, and further agrees that the Municipality (or designee) shall have the authority to communicate with and receive reports relating to the New York State LENS program. viii. All Persons applying for a Taxicab Owner’s License agree to fully investigate and resolve complaints regarding Taxicabs operated pursuant to the Owner’s License, and shall remediate all complaints and issues in a timely manner. ix. All persons applying for a Taxicab Owner’s License shall agree to equip each Taxicab with a Taximeter or equivalent metering application, and shall accept customer payment in cash and by credit/debit card. c. Medallions Required Each Taxicab Operated within the Municipality shall require a Medallion, which shall be prominently displayed on each licensed Taxicab at all times. The application for a Medallion shall be made upon the Common Medallion Application Form, and must include the following information: i. The Owner’s License pursuant to which the Taxicabs will be Operated. ii. Whether the applicant is seeking Municipal or Unified Medallion(s) iii. The specific Taxicab vehicles providing Year, Make, Model and Vehicle Identification Number of each vehicle for which the Medallions are being requested. iv. Details regarding the particular Taximeter installed on the Taxicab vehicles, or the details of the equivalent metering application the Owner proposes to utilize including make, model and serial number of the metering application and/or device as applicable. d. Hack License Required Each Driver of a Taxicab operating within the Municipality must have and be in possession of a current and validly issued Hack License. Applications for a Hack License or for renewal of a Hack License shall be signed and sworn to in person and 3  shall be made upon the appropriate Common Hack License Application Form. The applicant shall: i. Be the holder of a duly valid New York State Driver’s License of the appropriate class for operation of a Taxicab as prescribed by the New York State Department of Motor Vehicles, but not less than a valid New York State Class E Livery or CDL (Commercial Driver’s License). ii. Be able to clearly communicate in the English language. iii. Agree to continually be neat and clean in dress and person and have no conditions that impair the ability to safely operate a Taxicab. iv. Meet the standards as embodied in Article 23-A of the Correction Law of the State of New York. v. Be at least eighteen (18) years of age. vi. Consent in writing to enrollment in the NYS LENS Program for the period his/her license is in effect as a Taxicab Driver. vii. Have fingerprints taken by the Municipality or designee in which the Medallion will be issued. viii. Provide three (3) recent un-retouched photographs, two (2) inches by two (2) inches, with no hat or sunglasses. ix. Provide the information requested on the Form, giving his/her full name, residence, places of residence for five (5) years previous to moving to his/her present address, age, height, color of eyes and hair, place of birth, United States Residency, places of previous employment, whether he or she has ever been convicted of a felony or misdemeanor and if so, the date and jurisdiction of same, whether he or she has been previously licensed as a Taxicab Driver or chauffeur, and if so, whether his/her license has ever been revoked and/or suspended in which municipality, the year of the revocation and/or suspension, and for what cause. x. Have no physical or mental condition that would interfere with the safe operation of a Taxicab, and be free from the use of drugs (prescription or otherwise) that would interfere with the safe operation of a Taxicab. 3. APPLICATIONS/ISSUANCE. a. Application for Licenses All applications for licenses issued pursuant to this Chapter shall be made by the Applicant upon the appropriate Common Application forms, available online at www.cdta.org and at the Capital District Transportation Authority offices located at 85 Watervliet Avenue, Albany, NY, or such other location as may be designated by the Municipality. Application forms must be submitted in person at the aforementioned location during normal business hours. b. Common Application Forms and Requirements All license applications shall be made upon the appropriate Common License Application Forms, accompanied by all required information and applicable fees. Incomplete license applications will not be accepted. 4  i. Owner’s License – Applications for an Owner’s License shall be made upon the Common Owner’s License Application Form. The application must designate whether the applicant is seeking a Municipal or Unified Owner’s License. The application shall be filled out in its entirety, and shall include the following: 1. Proof of Insurance covering the specific Taxicab vehicles to be used including year, make, model and vehicle identification numbers of all the vehicles to be covered under the Applicant’s license; 2. Company information, as requested on the application form; and 3. A nonrefundable Owners’ License application fee, as specified herein. ii. Medallion – Applications for Taxicab Vehicle Medallions shall be made upon the Common Medallion Application Form. The application must specify the particular vehicles including year, make, model and vehicle identification numbers of the vehicles to be covered under the Applicant’s license and whether the applicant is seeking Municipal or Unified Medallions. The application shall be filled out in its entirety, and shall include the following: 4. Proof of Insurance covering the specific Taxicab vehicles for which Medallions are being requested including year, make, model and vehicle identification numbers of all the vehicles to be covered under the Applicant’s license; AND 5. A nonrefundable Medallion Fee for each Taxicab vehicle, as set forth in a fee schedule established by the municipality, as may be amended from time to time. iii. Hack License – Applications for Hack Licenses shall be made upon the Common Hack License Application Form. The application must designate whether the applicant is seeking a Municipal or Unified Hack License. The application shall be filled out in its entirety, and shall include the following: 1. Three (3) recent un-retouched photographs, two (2) inches by two (2) inches, with no hat or sunglasses; 2. The impressions of the fingers of the applicant’s right and left hands, for the purpose of obtaining criminal history records from the New York State Division of Criminal Justice Services, the impressions to be taken under the supervision of the Chief of Police or his/her designee. At the Municipality’s discretion, fingerprints may be taken by an authorized business entity; 3. Authorization for a criminal history background check, the results of which are authorized to be transmitted to the Municipality or the Capital District Transportation Authority; 4. The fee required by the New York State Division of Criminal Justice Services, as specified herein; 5. A nonrefundable Hack License application fee, in the amount set forth in a fee schedule established by the municipality, as may be amended from time to time; 6. Authorization to register the Applicant with the New York State LENS program, including the applicant’s New York State Driver’s License 5  information, and authorizing the receipt of reports relating to the Applicant’s driver’s license by the Municipality or designee; AND 7. A copy of a certificate of completion for a recognized defensive driving course, dated within the prior twelve (12) months. c. Issuance or Denial of Licenses and Medallions Completed applications will be forwarded to the Municipality’s designated departments for their review. Applications for Unified Licenses and Medallions will be forwarded to each Participating Municipality. i. The Municipality may deny the issuance of a License or Medallion if the application is incomplete, if the applicant fails to meet the standards required for issuance of said License, or if the results of their investigation reveal a criminal history which, in their opinion, render the applicant unfit pursuant to Article 23-A of the New York State Corrections Law. ii. Unified Licenses and Medallions shall not be issued unless and until approved by each Participating Municipality. iii. Upon satisfactory fulfillment of the requirements of this Chapter, there shall be issued to the applicant a License which shall be in such form as designated by the Municipality. iv. Licenses may be issued on any day of the year, and shall be valid until the end of the calendar year, unless suspended or revoked prior to the end of the calendar year. v. All Taxicabs shall be inspected by the Municipality (or designee) prior to issuance of a Medallion. d. Renewal Applications for renewal of Licenses and Medallions shall be submitted no later than forty-five (45) days prior to expiration of the current License. Applications shall be submitted upon the appropriate Common License Renewal Form, filled out in its entirety, and shall be accompanied by the appropriate documentation and fees, as detailed on the Common License Renewal Form. 4. CONDUCT. a. Driver Code of Conduct The following rules shall govern the conduct of all Taxicab Drivers operating pursuant to a Hack License issued by the Municipality: i. The Driver shall obey all applicable traffic laws and municipal local laws and ordinances. ii. The Driver shall be courteous to passengers and comply with all reasonable requests of the passengers. iii. The Driver shall be clean and neat in dress and person, physically and mentally fit to operate a Taxicab and free from the use of intoxicating substances. iv. The Driver shall keep the inside of his/her Taxicab in a clean and sanitary condition and shall ensure that all required postings are maintained and visible to passengers. 6  v. The Driver shall keep the inside of his/her Taxicab free from smoke, and no one riding in the vehicle shall engage in smoking cigarettes, cigars, pipes, e-cigarettes or any other smoking paraphernalia. vi. The Driver shall take passengers to their destinations by the shortest reasonable route, unless requested otherwise. vii. The Driver shall not permit other people to occupy or ride in the Taxicab while customers are being transported. viii. The Driver shall transport Service Animals. ix. The Driver shall disclose the applicable Taxicab rate, including any Fees or Tolls, to the passenger prior to the commencement of the trip, and shall utilize the Taximeter or approved equivalent metering application during the course of the trip. In the event the exact fare is unknown in advance, the Taxicab driver shall provide a reasonable estimate of the expected fare, and disclose the method of fare calculation. x. The driver shall be required to issue a receipt, upon passenger request. b. Vehicle Requirements Each Taxicab shall comply with the following: i. No Taxicab shall be older than seven (7) years old. ii. All Taxicabs shall be clearly identified or marked on the exterior as follows: 1. A light on the roof, with the legend “TAXI”, to be lit at night. 2. Functioning Taxicab “trouble lights” on the front and rear of the Taxicab. 3. The name of the company, owner or operator of the Taxicab, the phone number, and the company’s hours of operation, displayed in a manner that is legible and visible from a reasonable distance. 4. The unique identifying number of the particular Taxicab vehicle, marked on the sides and rear of the vehicle, displayed in a manner that is visible from a reasonable distance. 5. The Taxicab Medallion, as directed by the Municipality. iii. All Taxicabs shall display, in the interior of the Taxicab, and in a manner that is clearly visible to passengers, the following: 1. The Owner’s License and Medallion pursuant to which the Taxicab is being operated. 2. The Hack License of the Taxicab Driver, with accompanying photo. 3. The Customer Bill of Rights. 4. The Schedule of all applicable Fares, Rates and Fees. 5. The Customer Complaint statement. c. Compliance with Rules All Taxicab Owners and Taxicab Drivers shall be responsible for compliance with the provisions of this Chapter and the law. Taxicab Owners and Taxicab Drivers shall be required to investigate and resolve any complaints or matters relating to the operation of Taxicabs in the Municipality. d. Travel Log All Taxicab Drivers and Taxicab Owners shall be responsible for maintaining records of 7  all trips, including: the time dispatched, date and time of the trip, the pick-up and drop off locations, the duration of the trip, the vehicle utilized for the trip, the number of passengers, and the fare charged. The trip record shall be maintained for a period of at least one year, and shall be submitted to the Municipality for review upon request. e. Accident Protocol i. A motor vehicle accident report shall be immediately filed with the Municipality or its designee for any accident arising from or in connection with the operation of a Taxicab. ii. Taxicabs involved in accidents may be inspected at the discretion of the Municipality for safety and cleanliness prior to returning to service. 5. INSPECTION. a. No Taxicab shall be included on an Owner’s License, nor shall a Taxicab Medallion be issued, reissued or renewed, and no Taxicab shall be Operated within the Municipality unless and until proof has been submitted with the application for issuance, reissuance or renewal that it has undergone both a mechanical and physical inspection in compliance with the requirements of this Chapter and New York State Inspection Laws. i. Mechanical Inspection All Taxicabs must conform to the New York State Vehicle Inspection Law requirements at all times. ii. Preventative Maintenance Taxicabs shall be well maintained and shall undergo regular preventive maintenance services. Maintenance and inspection records for each vehicle licensed as a Taxicab must be kept for the life of the vehicle iii. Physical Inspection 1. The Municipality and designees shall have the authority to inspect all Licensed and Medallioned Taxicabs upon notice or demand. The Municipality shall perform inspections upon all Medallioned Taxicabs under its authority at least once per year. This inspection must occur before a Taxicab may receive a medallion. 2. All Taxicabs shall be safe and well maintained, and all systems shall be fully operational. Each Taxicab shall have functioning heat and air conditioning. 3. Medallions issued for each Taxicab shall be prominently displayed and be registered to the vehicle to which it is affixed. 4. The exterior of each Taxicab shall be clean and in good repair, without obvious major body damage. b. Thereafter, upon good cause, including customer complaint and in the interest of safety, the Municipality and designee shall have the authority to inspect Medallioned Taxicabs for compliance with this Chapter. c. Taxicabs not conforming to New York State Vehicle Inspection requirements, or which are otherwise deemed to be unsafe or not in compliance with this Chapter, shall be taken out of service immediately. The Taxicab must be re-inspected prior to being entered back into service. 8 6. FEES AND PENALTIES. a. License Fees The License fees for the following shall be as set forth in a fee schedule established by the municipality, as may be amended from time to time: i. Owner’s License $50 ii. Medallion $500 iii. Hack License $50 iv. Unified Owner’s License (detail pursuant to MOU) v. Unified Medallion (detail pursuant to MOU) vi. Unified Hack License (detail pursuant to MOU) b. Other fees vii. DCJS Fingerprinting, which shall be performed by a private vendor. 7. SUSPENSION/REVOCATION. a. Municipal Authority All powers related to licensing, enforcement, and compliance within the Municipality shall be exercised by the Municipality from which the license or medallion has been requested or for which the license or medallion has been issued. b. Suspension and Revocation of Licenses i. A Taxicab Owner’s License issued pursuant to this Chapter may be suspended or revoked for the following reasons: 1. The licensee fails to meet the criteria for the issuance of such License; 2. The licensee permits the operation of a Taxicab by a person not licensed under the provisions of this Chapter; 3. A vehicle registered to the licensee has been used for an illegal purpose or business; 4. The licensee engages in any other conduct which evidences his/her inability to safely engage in the business of operating a Taxicab or which evidences a disregard for public safety; 5. The licensee provides information that is found to be false, illegal and/or a misrepresentation of the facts materially related to the issuance of this License; AND/OR 6. The licensee fails to maintain the insurance required of this License. viii. A Hack License issued pursuant to this Chapter may be suspended or revoked for the following reasons: 1. Failure to properly maintain a vehicle and/or equipment; 2. Physical or mental disability of a Driver that renders him/her temporarily or permanently unfit for the safe operation of a Taxicab; 3. Knowingly filing a false application; 4. Any conviction of a criminal offense committed during or in relation to Taxicab operations. In addition, conviction of a criminal offense which might impair, impede or endanger the efficiency, effectiveness or safety of the public; 9  5. Any Driver who operates with an expired, conditional, suspended or revoked Hack License or Owners’ License; 6. The suspension or revocation of a Driver’s New York State driver’s license by the New York State Department of Motor Vehicles; AND/OR 7. Commission of two (2) or more moving traffic violations and/or accidents while driving a Taxicab. ix. A Medallion issued pursuant to this Chapter may be suspended or revoked for the failure to comply with any provisions of this Chapter. x. For Uniform Licenses and Medallions, each participating municipality shall retain all powers relating to licensing, enforcement and compliance regarding the operation of Taxicabs within the boundaries of the Participating Municipality only. c. Notice Notice of revocation or suspension of License and the reason(s) thereof as well as the applicant’s right to be heard shall be served by the Municipality or their designee upon the Person named in the license or by mailing the same to the address given in the license and by filing a copy of such notice in the Office of the Municipality’s Clerk with an affidavit of service or mailing. If a License is revoked or suspended, no refund of any unearned portion of the License fee shall be made. The Municipality, upon good cause, may issue an immediate suspension of the License. d. Term of Suspension A suspension of a License by the Municipality shall be effective for thirty (30) days, running from the date of notification upon the License holder. Any two (2) suspensions within any twelve (12) month period shall automatically result in a revocation. e. Review of Denial, Suspension or Revocation Any applicant who shall have been refused a License, or a License holder whose License shall have been revoked or suspended, may appeal to the Municipality’s Hearing Officer for review of such denial, revocation or suspension. The aggrieved party may, within thirty (30) business days after receiving written notice, file a written request upon the Hearing Officer for review of said decision. f. Hearing Officer A Hearing Officer may be appointed by Municipality to hear and decide appeals taken from any determination made which denied, revoked or suspended such Taxicab Owners’ License, Hack License, and/or Medallion. g. Hearings Upon receipt of a request for a hearing as provided above, the Hearing Officer shall set a time and place for a hearing and notify the appellant at least seven (7) days prior to the hearing. The aggrieved party shall have the option of whether such hearing shall be public or private. The hearing shall commence no later than thirty (30) days after the date on which the request was filed. Failure by the Hearing Officer to commence a hearing within thirty (30) days shall not be deemed to constitute approval or such request, if good and sufficient reason exists. h. Findings The aggrieved party shall be given an opportunity to show cause why such denial of 10  application or such suspension or revocation of license should be modified or withdrawn. Upon consideration of the evidence presented at the hearing, the Hearing Officer shall sustain, modify or withdraw the decision of the Municipality by issuing the result in writing. 8. RATES AND FARES. a. Taximeters or equivalent application required. i. It shall be unlawful for any person to operate or keep for hire or pay within the Municipality any Taxicab without first having each taxicab equipped with a Taximeter or equivalent application. ii. Every taxicab shall be equipped with a single-traffic taximeter of a type approved by the New York State Bureau of Weights and Measures and inspected by the County Department of Weights and Measures for accuracy. Equivalent applications may not be used unless approved by the Municipality or, in the case of Taxicabs operating pursuant to a Uniform Medallion, by each participating municipality. b. Rates of Fare. The rates of fare to be charged for Taxicab service shall be as follows, and no other rates of fare may be charged by any Owner or Driver other than the rate established by this section: i. First Half Mile $4.00 ii. Each Additional 1/10 Mile .20 iii. Waiting time in Slow Traffic (Per Minute) .30 iv. Each Additional Passenger 18 or over 1.00 v. Surcharge evenings after 6:00 p.m. 1.00 vi. All Legal Holidays 1.00 9. Severability. In the event that any provision of this chapter shall be deemed illegal or otherwise unenforceable by a court of competent jurisdiction, then only that specific provision shall not be enforced, and all other sections and provisions shall remain in full force and effect. 11  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety DATE: 2/5/2018 TO: COUNCILMEMBERS FROM: Carl Falotico SUBJECT: Discussion - Nuisance Law Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety DATE: 2/5/2018 TO: COUNCILMEMBERS FROM: Law SUBJECT: Review - Employee Background Check PH Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____ ________________ K:\Legislative Data & Forms\Legislation Request Form Mail Merge.doc  City of Schenectady, New York LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Claims TO: All Members DATE: January 23, 2018 FROM: Law Department SUBJECT: Collision TO BE PLACED ON COMMITTEE AGENDA OF: February 5, 2018 TO BE PLACED ON COUNCIL AGENDA OF: February 12, 2018 Background Information: Collision involving City Garbage Truck # 339 Evaluation/Analysis: Total loss of $3,939.12 Recommendation: Authorize settlement with Jeff LeGere in the amount of $3,725.00 LEGISLATION WILL BE PREPARED BY: Kelly Walsh  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 29, 2018 TO: COUNCIL MEMBERS FROM: Rachael Ward SUBJECT: 4th Quarter Property Sales Review – Exec. Session - Discussion Background Information: Will be providing fourth quarter update on property sales (2017). Evaluation/Analysis: Recommendation: No legislation needed. LEGISLATION WILL BE PREPARED BY Law  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 139 Western Parkway Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 3114 Albany Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 319 Linden Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 45 Cheltingham Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 66 Garfield Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 542 Paige Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 726 Kenwood Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 800 Lincoln Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1639 Carrie Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1331 Hodgson Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1040 Wendell Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1687 Avenue A Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1615 Eastern Parkway Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 827 Bridge Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 116 Odell Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1624 Hawthorne Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 31, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1041 Cutler Street Background Information: Need amended resolution as the sale price was incorrectly typed wrong on the Legislation passed on January 22, 2018. Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________