City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, August 20, 2018 5:30 p.m. Room 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. Presentation 1 SCAN Peg Foley Administrative Efficiency 1 Affirmative Action Quarterly Report Ron Gardner Public Safety 1 Police Traffic Services Program Grant AC Seber 2 State and Municipal Facilities Program Grant AC Seber 3 Edward Byrne Dept. of Justice JAG Grant FY 2018 AC Seber 4 Speed Limit Signage & Lights around Schools AC Seber 5 CPH – to Add Police Athletic League Rachael Ward 6 Affirm Appointments to CPRB Mayor McCarthy 7 Final Review – Amending Chapter 228 Regarding Streets and Sidewalks re: Paving Yards John Mootooveren Finance 1 Review – Vacant Property Registration PH-08-20 John Polimeni 2 Amendment to the 2015 HOME Consortium Agreement Kelly Walsh 3 Bond Ordinance Anthony Ferrari City Development & Planning 1 Affirm Appointments to DSAD Mayor McCarthy 2 Review – Abandonment of Mill Lane, PH-08-20 Engineering 3 Sale of 23 Elbert St. Rachael Ward 4 Sale of 115 Victory Avenue Rachael Ward 5 Sale of 130 Front St. Rachael Ward 6 Sale of 917 Lincoln Avenue Rachael Ward 7 Sale of 1704 Albany Street Rachael Ward 8 Sale of 1838 Watt Street Rachael Ward Claims 1 Mullen v. City of Schenectady Kelly Walsh 2 Townsel v. City of Schenectady Kelly Walsh  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: COUNCIL MEMBERS FROM: Ron Gardner SUBJECT: Affirmative Action Quarterly Report Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Public Safety DATE : 08/20/2018 TO: COUNCILMEMBERS FROM: Ed Kosiur SUBJECT: Speed Limit Signage & Lights around Schools (JAG 2017) Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____________________  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: COUNCIL MEMBERS FROM: Rachael Ward, Eric Clifford SUBJECT: Amend Chapter 92 of City Code; Public Safety Foundation Background Information: Call for Public Hearing to Amend Chapter 92 to create a Public Safety Foundation. The Public Safety Foundation will be formed for charitable and educational purposes. It will provide financial and moral support of the police and fire departments in the City while participating in community outreach. It will serve as a mechanism for increased grant funding for our public safety entities and will allow our police and fire departments to receive donations of equipment and financial contributions directly. Evaluation/Analysis: A call for public hearing is necessary to amend Chapter 92 of the City Code to create the Public Safety Foundation. Recommendation: Amend Chapter 92 of the Schenectady City Code to add the Public Safety Foundation. LEGISLATION WILL BE PREPARED BY Law/Police  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: COUNCIL MEMBERS FROM: Mayor McCarthy SUBJECT: Affirm Appointments to CPRB Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: COUNCIL MEMBERS FROM: John Mootooveren SUBJECT: Final Review – Amending Chapter 228 Regarding Streets and Sidewalks re: Paving Yards Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Law  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE No.: 2018- Councilmember offered the following: An ORDINANCE to Amend Chapter 228 of the Code of the City of Schenectady Regarding Streets and Sidewalks. BE IT ENACTED by the Council of the City of Schenectady, in regular meeting convened, Chapter 228 shall be amended as follows: Article II Driveways and Other Structures Within Streets 228-24 Plans required to alter sidewalks, curbs, or driveways or other paving. A. Prior to the making of or altering or repair or replacement of any sidewalk, curb, driveway or other structure within a street or other public space, or the paving or repairing of more than 25 square feet in a public space or on private property, the owner or occupant of the abutting land person doing the work shall submit to the Department of Public WorksBureau of Code Enforcement plans, in duplicate, showing all the work it is desired to do. The plans shall have all details in conformity with the requirements herein and such other requirements as, in the opinion of the Commissioner of Public Works Safety or his designee the Assistant City Engineer, are necessary. B. When the person owner or occupant submitting the plans shall agree to execute all the work according to the requirements and has paid the permit fee which shall be set from time to time by resolution, the Department of Public WorksBureau of Code Enforcement shall issue a permit to proceed, which may be revoked at any time when the work is being carried on not in accordance with the terms of the permit or to the dissatisfaction of the Commissioner of Public Works Safety or his designee the Assistant City Engineer. If the work is improperly executed and completed, the Commissioner of Public Works Safety or his designee the Assistant City Engineer may direct that it be rebuilt or may rebuild with City forces, or contract the same to be done, and the cost of said work shall be charged against the abutting owner as a municipal lien, or said cost shall be added to the tax roll as an assessment to be levied as a special tax against the abutting landowner, or said cost may be recovered in a lawsuit against said abutting owner. C. All permits granted for the use of public property under the terms of Articles II and III shall be revocable at the discretion of the City Engineer when he feels such revocation would serve the best interest of the City. D. Curbs shall be constructed of either granite or concrete. Approved as to form this ___ day of _________, 2018. _______________________ Carl Falotico, Esq. Corporation Counsel  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: COUNCIL MEMBERS FROM: John Polimeni SUBJECT: Review – Vacant Property Registration, PH-08-20 Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Law  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: COUNCIL MEMBERS FROM: Ed Kosiur SUBJECT: NYS Retirement Workday Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Law  City of Schenectady, New York LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Finance TO: All Members DATE: August 17, 2018 FROM: Law Department SUBJECT: Amendment to the 2015 HOME Consortium Agreement TO BE PLACED ON COMMITTEE AGENDA OF: 8/20/2018 TO BE PLACED ON COUNCIL AGENDA OF: 8/27/2018 Background Information: In 2015, Schenectady signed the HOME Consortium Agreement along with Troy and Colonie. Evaluation/Analysis: There are no objections from any party to renew the agreement for an additional three years. The City of Schenectady would like to add a subsection to Section 1(g) which is included in the attached agreement for review. The subsection clarifies how funds may be reprogrammed by the municipalities. Recommendation: The Law Department recommends that the City Council approve of the amendment. LEGISLATION WILL BE PREPARED BY: Kelly Walsh  SCHENECTADY-TROY-COLONIE HOME INVESTMENT PARTNERSHIPS ACT CONSORTIUM COOPERATION AGREEMENT _______________________________ THIS AGREEMENT is entered into and shall be effective as of July 1, 2018, by and between the City of Schenectady, hereinafter referred to as “Schenectady,” the City of Troy, hereinafter referred to as “Troy,” and the Town of Colonie, hereinafter referred to as “Colonie,” each being a municipal corporation of the State of New York. WITNESSETH WHEREAS, the Federal Government has enacted the National Affordable Housing Act (NAHA), the primary objective of which is to increase the supply of decent affordable housing to low and very low income families, which created the Home Investment Partnerships Program (HOME Program) administered by the U.S. Department of Housing and Urban Development (HUD) through regulations at Title 24, Code of Federal Regulations, Part 92 (HOME regulations); and WHEREAS, said regulations allow units of general local governments to form consortia for the purposes of obtaining funds under the HOME Program; and WHEREAS, Schenectady, Troy, and Colonie are geographically contiguous units of local government and, thereby, eligible to form a consortium under said regulations; and WHEREAS, the Parties have statutory authority under the laws of the State of New York and sufficient administrative capabilities to carry out the purposes of the HOME program on behalf of their respective jurisdictions; and WHEREAS, in August 1991, the Parties determined that continuing as a consortium would increase the level of HOME Program funds potentially available for use within their combined jurisdictions, and thereby increase the combined ability of the Municipal Corporations to assist in meeting the affordable housing needs of the population; and WHEREAS, the Federal Law allows for the Parties to enter into a consortium agreement for each three-year qualification period and to agree to automatically renew that relationship prior to the successive qualification period; and WHEREAS, the Parties desire to continue to receive the benefits of a Consortium Agreement: NOW THEREFORE, the parties agree as follows: SECTION 1: GENERAL PROVISIONS a. The Members agree to cooperate to undertake housing assistance activities in compliance with the Federal HOME statute and regulations as identified in Title 24, Part 92 of the Code of Federal Regulations. b. The Members agree to direct their activities to the alleviation of housing problems within their respective jurisdictions. c. The Members agree to undertake the efforts to affirmatively advance the cause of fair housing. d. Troy and Colonie hereby authorize Schenectady to act as the Consortium’s Representative Member and/or Lead Entity for the purposes of administering the HOME program. e. Schenectady, as a metropolitan city defined by the CDBG statute, has the administrative capacity to carry out the purposes of the HOME program. f. Schenectady, as the lead entity, assumes the overall responsibility for ensuring that the Consortium’s HOME program is carried out in compliance with the requirements of the HOME program, including requirements concerning the Consortium Agreement. g. The Parties agree to distribute all funds obtained under this program using the following formula: Schenectady 50%, Troy 40%, and Colonie 10%, representing the annual HOME consortium allocation. (1) The Members agree that Program Income and Recaptured funds generated from activities in this program shall be reprogrammed in their entirety, towards activities within the member jurisdiction from whence it was generated. The Member that generates the Program Income or Recaptured funds shall retain possession of the funds, but must report these funds to the Participating Jurisdiction on a quarterly basis. If the Member does not wish to reprogram these funds for their own jurisdiction’s activities, it shall return the funds to the Participating Jurisdiction to be reprogrammed at the Participating Jurisdiction’s discretion. In all cases, Program Income funds shall be expended prior to draws from the Line of Credit. h. For the purposes of this Agreement, the Program Year begins on July 1, 2018 and ends on June 30, 2019, and continues on annual basis from those dates for the duration of this Agreement.  i. The Members agree to communicate every six (6) months to review the status of the Program and the progress of each member in committing and expending HOME funds. SECTION 2: COMPLIANCE WITH FEDERAL REGULATIONS All Members of this Consortium agree to comply with the applicable portions of: CFR, Title 24, Part 92 HOME Investment Partnerships Program; the Housing and Community Development Act of 1974 as amended; CFR Title 24, Chapter V, Part 570; CFR Title 24, Part 5; Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1968; Section 109 of the Housing and Community Development Act of 1974; Section 3of the Housing and Urban Development Act of 1968; Executive Orders 11246, 11063, and 11593, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; OMB Circular A-122 and attachments A, B, C, F, H, N, and O, The Archeological and Historical Preservation Act of 1974; the Architectural Barriers Act of 1968; the Hatch Act, Chapter 15 Title 5 U.S.C.; the Flood Disaster Protection Act of 1974; the Clean Air Act (42 U.S.C., Section 1251 et seq.); the Drug-Free Workplace Act of 1988 and any other applicable Federal Law. SECTION 3: TERM OF AGREEMENT a. This Agreement shall remain in full force and effect from the date of execution and approval by HUD for the period necessary to carry out all activities funded during the three (3) federal fiscal years: 2019, 2020, and 2021. Members are prohibited from withdrawing from this Agreement during the full three (3) year period. b. The Consortium Agreement must, at a minimum, remain in effect until the HOME funds received during each of the federal fiscal years of the qualification period, and each successive qualification period for which the Agreement is renewed, are expended on eligible activities or returned to HUD. c. Automatic Renewal Provisions: 1. The Parties agree that this agreement shall be renewed, automatically, for the Consortium’s participation in successive qualification periods of three (3) federal fiscal years each after the expiration of the current qualification period and continuing hereafter. 2. If a Consortium Member/Party to this Agreement decides not to participate in the Consortium for the next qualification period, the Consortium Member shall notify Schenectady at least 60 days prior to the beginning of the new qualification period Schenectady will notify the HUD Field Office prior to the beginning of the new qualification period. 3. Before the beginning of each new qualification period, Schenectady shall submit to the HUD Field Office a statement of whether or not any  amendments have been made to this Agreement, a copy of each amendment to this Agreement, and, if the Consortium’s membership has changed, the state certification required under 24 CFR Part 92.101(a)(2)(i). The Consortium shall adopt any amendments to this Agreement that are necessary to meet HUD requirements for consortium agreements in successive qualification periods. 4. The automatic renewal of the agreement will be void if: Schenectady fails to notify a Consortium member of the HUD field office as required under this automatic renewal provision or Schenectady fails to submit a copy of each amendment to this agreement as required under this automatic renewal provision. SECTION 4: AMENDMENTS a. The decision to add new consortium members shall be undertaken based on the unanimous input and consent of all Members. b. Amendment to this Consortium Agreement shall be accomplished only based on the unanimous consent and agreement of its Members. c. The members agree to jointly develop the language of amendments for approval by the governing body of each Member. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by each on the date specified as follows: CITY OF SCHENECTADY, NEW YORK By: Gary R. McCarthy, Mayor City of Schenectady ATTEST By: Schenectady City Clerk Reviewed: By: Office of Corporation Counsel CITY OF TROY, NEW YORK By: Louis A. Rosamilia, Mayor City of Troy ATTEST By: Troy City Clerk Reviewed: By: Office of Corporation Counsel TOWN OF COLONIE, NEW YORK By: Paula A. Mahan, Supervisor Town of Colonie ATTEST By: Colonie Town Clerk Reviewed: By: Office of the Town Attorney  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: COUNCIL MEMBERS FROM: Mayor McCarthy SUBJECT: Affirm Appointments to DSAD Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: COUNCIL MEMBERS FROM: Engineering SUBJECT: Review – Abandonment of Mill Lane, PH-08-20 Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Law  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 23 Elbert Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 115 Victory Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 130 Front Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 917 Lincoln Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1704 Albany Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: August 17, 2018 TO: City Council FROM: Rachael Ward, Deputy Corporation Counsel SUBJECT: Sale of 1838 Watt Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________  City of Schenectady, New Yor k L EGI SL ATI ON REQUEST FORM COMMITTEE ASSIGNMENT: Claims TO: All Members DATE: August 17, 2018 FROM: Law Department SUBJECT: Settlement with Peter Mullen Jr. for property damage. TO BE PLACED ON COMMITTEE AGENDA OF: 8/20/18 TO BE PLACED ON COUNCIL AGENDA OF: 8/27/18 Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY: Kelly Walsh  City of Schenectady, New Yor k L EGI SL ATI ON REQUEST FORM COMMITTEE ASSIGNMENT: Claims TO: All Members DATE: August 17, 2018 FROM: Law Department SUBJECT: Settlement with Geico a/s/o Chase Leroy Townsel for property damage. TO BE PLACED ON COMMITTEE AGENDA OF: 8/20/18 TO BE PLACED ON COUNCIL AGENDA OF: 8/27/18 Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY: Kelly Walsh Property Damage Claim Info Sheet