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City Council Committees

Regular Meeting

Schenectady, NY · January 19, 2021

Agenda

Agenda

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Tuesday, January 19, 2021 5:30 p.m. Teleconference The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. View on Live on: Spectrum CHANNEL 1303 or on Verizon FiOS CHANNEL 38 You can also view the meeting LIVE at: http://www.openstagemedia.org/ (On the home page, select Government from the play window.) Or on YouTube.com (under Open Stage Media) Webex linkhttps://schenectadyny.webex.com/schenectadyny/onstage/g.php?MTID=e94bb0ac34a2b5b1224428da8527f52f3 Webex Meeting Phone #: 1-415-655-0001; Meeting #: 178 901 8861; Meeting Password: CityCouncil Public Service & Utilities 1 CPH – on February 8, 2021 for the Redirection of South Church Street (State Street to Chris Wallin Fuller Street) from a Two-Way Street to a One-Way Street as Part of the Reconstruction of South Church Street 2 CPH- on February 8, 2021 for the Redirection of Barrett & Huron Streets (Between South Chris Wallin Avenue to Park Place) from a One-Way Street to a Two-Way Street 3 Authorize the Mayor, or his Designee, to Enter into Supplemental Agreement #2 with New Chris Wallin York State Dept. of Transportation (NYSDOT) for Detailed Design Funds to be Paid to Amtrak Railroad for the Bridge Reconstruction Project, Kings Road Over CSX/Amtrak 4 Request the Authorization to Purchase “Hydrofluosilicic Acid 2021” for the Water Paul Lafond Department Public Safety 1 Agreement to Reimburse Schenectady County for Work Performed on Behalf of the City of Andrew Koldin Schenectady Police Department 2 Review of the Guidelines / Bylaws for the Civilian Police Review Board (CPRB) with the Marion Porterfield Repeal of 50-A Finance 1 Discussion – New Insurer Anthony Ferrari City Development & Planning 1 Authorize the Issuance of Revocable Permit No. 657 to Dave’s Gourmet Burgers and More Chris Wallin for a Sign that will Overhang the City’s Right-of-Way at 16 Edison Avenue 2 Sale of 19 Nassau Avenue Maurice Brown, III 3 Sale of 211 Hulett Street Maurice Brown, III 4 Sale of 418 Schenectady Street Maurice Brown, III 5 Sale of 526 Paige Street Maurice Brown, III 6 Sale of 931 Delamont Avenue Maurice Brown, III 7 Sale of 1101 Parkwood Boulevard Maurice Brown, III 8 Sale of 1219 Sumner Avenue Maurice Brown, III 9 Sale of 1744 Albany Street Maurice Brown, III 10 Proposed Sale of 2155 Broadway James Commodore Claims 1 Proposed Settlement of Tax Cert. Re: 1076 University Place (S/B/L: 39.75-1-4) James Commodore Friday, January 15, 2021 Legislative Request Form DEPARTMENT OF ENGINEERING CHRISTOPHER WALLIN, P.E., CITY ENGINEER COMMITTEE ASSIGNMENT: DATE: January 19, 2021 TO: City Council FROM: Christopher R. Wallin, P.E., City Engineer SUBJECT: A Call for a Public Hearing on February 8, 2021 for the Redirection of South Church Street (State Street to Fuller Street) from a Two-Way Street to a One-Way Street as a part of the Reconstruction of South Church Street TO BE PLACED ON COUNCIL AGENDA OF: January 25, 2021 Background Information: South Church Street is an existing two-way public road that connects State Street to Erie Blvd. Due recent and continued development there is a desire to maximize on-street parking by converting the Street to one-way. This change will also increase the efficiency of the existing traffic signal at State Street and South Church Street allowing left turns from State Street onto South Church Street. Evaluation/Analysis: A traffic analysis was commissioned by the Metroplex Development Authority and performed by The Chazen Companies for South Church Street. The traffic study concluded that allowing westbound left- turns from State Street to South Church Street will have minimal impacts to traffics operations. The study also concluded converting South Church Street to one-way flow southbound between State Street and Fuller Streets will have minimal impacts to traffic operations. Recommendation: Call for a Public Hearing on February 8, 2021 for the Redirection of South Church Street, from a two- way road to a one-way road southbound from State Street to Fuller Street. LEGISLATION WILL BE PREPARED BY: Engineering CRW: cd 1 CAPITAL DISTRICT OFFICE 547 River Street Troy, NY 12180 P: 518.273.0055 or 888.539.9073 www.chazencompanies.com January 14, 2021 Jayme B. Lahut, Executive Director Schenectady County Metroplex Development Authority 433 State Street Schenectady, NY 12305 Re: South Church Street at State Street Traffic Analysis City of Schenectady, Schenectady County, NY Chazen Project No. 319AH.00 Dear Mr. Lahut: The Chazen Companies (Chazen) has completed a traffic analysis of South Church Street in the City of Schenectady. The analysis considered 1) removing the left-turn restriction at State Street, and 2) converting South Church Street to one-way traffic flow in the southbound direction from State Street to Fuller Street. South Church Street is shown on Figure 1. A. Background South Church Street is a two-lane, two-way road extending from Erie Boulevard to Union Street. South Church Street continues as North Church Street from Union Street to Front Street. Right-turn only traffic is allowed at Erie Boulevard and westbound left-turns are prohibited at State Street. The Mill Lane mixed-use development project is currently under construction in the southeast corner of the South Church Street/State Street intersection. Weekday morning and afternoon turning movement traffic counts were collected on Wednesday, November 20, 2019 to document the amount of traffic on South Church Street. The counts were collected from 7:00 – 9:00 a.m. and 3:00 – 6:00 p.m. at three intersections: 1. South Church Street at State Street 2. South Church Street at Fuller Street 3. South Church Street at Erie Boulevard The following is brief description of the study intersections: • State Street at South Church Street This is a signalized four-way intersection. The eastbound approach of State Street is a three-lane approach with separate lanes for left-turn, through, and right-turn movements. The westbound approach of State Street is a two-lane approach with separate lanes for through and right-turn movements; left-turns are prohibited. The northbound approach of South Church Street is a single- lane approach while the southbound approach is used as a two-lane approach for left-turn/through movements and a right-turn lane. CDTA’s major transit hub is located on State Street immediately west of the intersection. New York: Hudson Valley • Capital District • North Country • Westchester Tennessee: Nashville • Chattanooga Oregon: Portland Chazen Engineering, Land Surveying & Landscape Architecture Co. DPC (NY) • Chazen Engineering Consultants, LLC (TN/OR) Jayme Lahut, Executive Director January 14, 2021 Page 2 of 4 • South Church Street and Fuller Street This four-way intersection operates under Stop sign control for the eastbound and westbound Fuller Street approaches. All approaches are single-lane approaches. • South Church Street and Erie Boulevard Erie Boulevard is a divided roadway at South Church Street such that only right-turns are possible to/from South Church Street. South Church Street is under Stop sign control. Figure 2 shows the weekday AM and PM peak hour traffic volumes. B. Analysis of State Street Westbound Left-turn Prohibition 1. Existing Conditions Weekday AM and PM peak hour intersection capacity analysis were conducted for current geometric and traffic control conditions based upon the latest edition of Highway Capacity Manual and the SYNCHRO modeling software. The analysis results are expressed in terms of Level of Service (A thru F) and vehicle delay. Level of service A is the best operating condition with little delay and level of service F is worst operating condition with very long delays. In general, analyses’ results are a measure of the ability of an intersection to process vehicles. According to generally accepted practice, LOS “A”, “B” and “C” reflect clearly acceptable conditions, LOS “D” reflects the existence of delays within a generally tolerable range, LOS “E” is generally only tolerated on minor movements and LOS “F” indicates typically undesirable delays often associated with breakdown conditions. Existing condition results are listed in Table 1 and indicate level of service A through C conditions for all movements. Table 1: Level of Service, Existing Conditions Intersection Approach1 AM Peak PM Peak EB l C2/28.03 C/28.9 EB t B/12.1 B/11.1 EB r A/8.0 A/7.6 WB l Prohibited Prohibited State St at South WB t C/22.1 C/24.8 Church St WB r A/0.0 A/0.1 NB l/t/r B/16.3 B/15.7 SB l/t B/15.4 C/20.7 SB r A/6.2 A/6.2 Overall4 B/15.2 B/16.5 Notes: 1. EB = Eastbound, WB = Westbound, NB = Northbound, SB = Southbound, l = left, t = thru, r = right. 2. LOS = Level of Service. 3. Delays are the average for each lane group in seconds per vehicle. 4. Overall = the weighted average delay of all movements and the corresponding LOS. 2. Removal of Westbound Left-turn Prohibition Westbound left-turns from State Street are allowed at South Ferry Street and Erie Boulevard, the two streets immediately to the east of South Church Street. Because of this it is expected that only a minimum number of vehicles would divert to South Church Street should westbound left-turns be allowed. Jayme Lahut, Executive Director January 14, 2021 Page 3 of 4 It is also expected that traffic destined to the Mill Lane project will benefit from allowing westbound left-turns. The Mill Lane project includes 74 apartments with associated office and restaurant space. Access to the site will be provided from South Church Street and South Ferry Street. It is anticipated that the project will generate a minimum amount of traffic (on the order of about 30 – 60 trips in the AM and PM peak hours) because of the project’s relative small-scale size, complimentary uses that will draw visits from each use internally, the walkability of the downtown area, and the major transit hub adjacent to the site that will reduce reliance on the automobile. For analysis purposes, 20 vehicles per hour (vph) and 25 vph were assigned to the westbound left-turn movement for the AM and PM peak hours, respectively. It was assumed that westbound left-turns would operate as a protected-only movement from its own lane similar to eastbound left-turns, and that the westbound right-turn lane would be eliminated to now be a shared through/right-turn lane. Traffic volumes for this condition are shown on Figure 3. The results of the analysis for allowing westbound left-turns are listed in Table 2 and indicate level of service A through C conditions for all movements, including the westbound left-turn movement. Overall delays are increased by about 2 -3 seconds as compared to existing conditions. Table 2: Level of Service with WB Left-turns Intersection Approach AM Peak PM Peak EB l C/28.3 C/29.5 EB t B/14.9 B/17.3 EB r B/10.6 B/13.0 WB l C/28.9 C/30.4 State St at South WB t/r C/22.0 C/25.8 Church St WB r --- --- NB l/t/r B/18.3 B/16.6 SB l/t B/16.7 C/21.0 SB r A/6.7 A/6.2 Overall B/17.1 B/19.4 C. South Church Street One-way Southbound An analysis was also conducted to determine the traffic feasibility of converting South Church Street to one- way southbound from State Street to Fuller Street, essentially a one block section of South Church Street. South Church Street between Fuller Street and Erie Boulevard would remain as two-way. Maintaining this short section as two-way would continue to allow access to the Sunoco gas station, the college apartments on Railroad Street, and the routing of CDTA buses to get to the transit hub on State Street. Peak hour northbound traffic north of Fuller Street is not high at about 10 vph and 35 vph in the AM and PM peak hours, and the elimination of this traffic on South Church Street can easily be accommodated by the adjacent streets of South Ferry Street and Fuller Street. The results of the analysis for converting South Church Street to one-way southbound are listed in Table 3 and indicate level of service A through C conditions for all movements, including the westbound left-turn movement. It is noted that State Street westbound left-turns were allowed in this analysis condition. Jayme Lahut, Executive Director January 14, 2021 Page 4 of 4 Table 3: Level of Service with One-Way Southbound Intersection Approach AM Peak PM Peak EB l C/28.3 C/29.3 EB t B/14.9 B/17.2 EB r B/10.6 B/12.9 WB l C/28.9 C/30.0 State St at South WB t/r C/22.0 C/25.6 Church St WB r --- --- NB l/t/r Prohibited Prohibited SB l/t B/16.6 C/20.6 SB r A/6.7 A/6.3 Overall B/17.0 B/19.3 D. Conclusions Allowing westbound left-turns from State Street to South Church Street will have minimal impacts to traffic operations. Converting South Church Street to one-way flow southbound between State Street and Fuller Street will also have minimal impacts to traffic operations. Existing and projected volumes for each condition are low and can be easily accommodated under the traffic scenarios analyzed. Thank you for the opportunity to work on this project. Please feel free to contact me at (518) 266-7369 or tjohnson@chazencompanies.com if you have any questions. Sincerely, Thomas R. Johnson, P.E., PTOE Director, Transportation Services Attachments North South Church Street Source: Google Earth South Church Street Analysis Site Location Schenectady, NY Map Project #: 319AH.00 Date: December 2019 Figure: #1 N. Church Street 6 Not to Scale 9 142 (244) 53 (80) 11 (23) 5 (14) 180 (276) State Street 90 (90) 371 (347) 6 (12) 42 (43) 4 (14) 1 (9) S. Church Street 10 (24) 71 (92) 4 (7) 5 (5) 3 (5) 0 (5) Fuller Street 3 (11) 1 (1) 21 (42) 13 (12) 6 (12) 2 (4) Sunoco 88 (88) 52 (83) Erie Blvd Southbound 885 (1065) Legend AM (PM) Peak Hour Volume 11 2019 Existing South Church Street Analysis Peak Hour Traffic Schenectady, NY Volumes Project # 319AH.00 Date: December 2019 Figure: 2 N. Church Street 6 Not to Scale 9 142 (244) 53 (80) 5 (14) 11 (23) 180 (276) 20 (25) State Street 90 (90) 371 (347) 11 (17) 47 (53) 4 (14) 1 (9) S. Church Street 10 (24) 76 (102) 4 (7) 5 (5) 3 (5) 0 (5) Fuller Street 3 (11) 1 (1) 21 (42) 13 (12) 6 (12) 2 (4) Sunoco 93 (98) 52 (83) Erie Blvd Southbound 885 (1065) Legend AM (PM) Peak Hour Volume 11 2019 Peak Hour South Church Street Analysis Traffic Volumes with Schenectady, NY Left-Turns Project # 319AH.00 Date: December 2019 Figure: 3 Legislative Request Form DEPARTMENT OF ENGINEERING CHRISTOPHER WALLIN, P.E., CITY ENGINEER COMMITTEE ASSIGNMENT: DATE: January 19, 2021 TO: City Council FROM: Christopher R. Wallin, P.E., City Engineer SUBJECT: A Call for a Public Hearing on February 8, 2021 for the Redirection of Barrett & Huron Streets (between South Avenue to Park Place) from a One-Way Street to a Two-Way Street TO BE PLACED ON COUNCIL AGENDA OF: January 25, 2021 Background Information: Barrett and Huron Streets currently create a one-way corridor from South Avenue towards Park Place. Evaluation/Analysis: This area has seen a significant amount of redevelopment over the past 3 years, transitioning from a primarily commercial use (former restaurant) to a residential use (Live in Schenectady Housing). This transition has lowered the vehicular destinations to this area. Recommendation: Call for a Public Hearing on February 8, 2021 for the Redirection of Barrett Street and Huron Street, from a one-way road to a two-way road from South Avenue to Park Place. LEGISLATION WILL BE PREPARED BY: Engineering CRW: cd 1 CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 19, 2021 TO: COUNCIL MEMBERS FROM: Andrew Koldin SUBJECT: Agreement to Reimburse Schenectady County for Work Performed on Behalf of the City of Schenectady Police Department Background Information: In the past, the City has reimbursed Schenectady County on an annual basis for work performed on behalf of the City of Schenectady Police Department. Specifically, a County employee in the position of Confidential Target Criminal (CTC) Investigator provides service to the City in the use of the Schenectady County Public Surveillance Camera System. This system, as operated by the CTC Investigator assists the Schenectady Police Department in its investigations by capturing on camera evidence that otherwise would be unavailable. Under the agreement’s three-year term, the City will lock in the annual reimbursement to the County at $21,000. The reimbursement amount is based upon the net added cost to the County for staffing the position. Evaluation/Analysis: In discussing the proposed agreement with Assistant Chief Seber, the CTC Investigator’s service through the surveillance camera system has been instrumental in assisting SPD investigations. By entering into a three-year agreement, the City will have certainty in the continued use of the CTC Investigator at the same annual reimbursement rate. Recommendation: Approve for full Council consideration the legislative request to enter into an agreement to reimburse Schenectady County for work performed by the Confidential Target Criminal Investigator on behalf of the City of Schenectady Police Department. LEGISLATION WILL BE PREPARED BY Law SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Tuesday, January 19, 2021 From: Marion Porterfield Subject Review of the Guidelines / Bylaws for the Civilian Police Review Board (CPRB) with the Repeal of 50- A Background Info: Evaluation/Analysis Recommendation Friday, January 15, 2021 The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing. Chapter 93 Civilian Police Review Board [HISTORY: Adopted by the Council of the City of Schenectady 6-10-2002 by Ord. No. 2002-9. Commented [1]: Editor's Note: This ordinance was vetoed by the Mayor 6-20-2002, and reconsidered and readopted by the Amendments noted where applicable.] Council 6-24-2002. GENERAL REFERENCES Police — See Ch. 92. § 93-1 Establishment. There is hereby established in the City of Schenectady the Schenectady Civilian Police Review Board. § 93-2 Legislative intent. A. It is the finding of the City Council of the City of Schenectady that the existing Police Objective Review Committee and the Police Community Advisory Board should be abolished, unless otherwise temporarily extended by the City Council, and their functions combined with new procedures and functions in a new body, to be known as the "Schenectady Civilian Police Review Board." Further, the citizens of the community will be best served with civilian oversight of internal police complaint procedures and investigations, and in addition to have a permanent body whose mission shall include the bettering of relations between civilians and police. Nothing in this enactment is intended to impair any rights of any party or participant, including those granted under federal and state laws, rules, and enactments. B. The City Council hereby finds and declares that abuse of authority, prejudice, or discrimination based upon race, gender, color, national origin, economic status, religion, age, sexual preference, marital or domestic partner status, mental or physical ability has no place in the actions, customs, practices, policies, or procedures of the Police Department of the City of Schenectady. C. The City Council further finds and declares that the conduct of law enforcement officials is subject to public, departmental, and executive scrutiny and accountability. D. The purpose of this chapter is to create an independent review body with respect to complaints of misconduct by officers of the Schenectady Police Department. The remedies created by this chapter are in addition to any others provided by common law or statute. Its goals are to improve communication between the Police Department and the community, to increase police accountability and credibility with the public, and to create a complaint review process that is free from bias and informed of actual police practices. § 93-3 Membership. [Amended 12-30-2002 by Ord. No. 2002-16; 10-11-2005 by Ord. No. 2005-13; 1-8-2007 by Ord. No. 2007-1; 2-11-2013 by Ord. No. 2013-02] The Board shall consist of nine members, appointed by the Mayor and confirmed by the City Council, whose terms shall be for two years. Upon initial appointment there shall be six members serving two-year terms and five members serving one-year terms; every person thereafter shall be appointed to a two-year term. Appointments to the Board should be made with regard to composing a body of members who are involved in community activities and represent diverse constituencies. Appointments shall be made from recommendations made by the following organizations, all of whom may submit, within 90 days of a written request, one or more names to the Mayor for that purpose: NAACP; Human Rights Commission; SUN; Chamber of Commerce; SICM; League of Women Voters; Schenectady Municipal Housing Authority; and the City Council. In addition, one member of the general public, representing no particular group or organization, shall be appointed upon recommendation of the citizenry and the Mayor. Organizations may recommend an additional candidate each as a standby. The Mayor may select candidates from this pool of candidates to fill specific vacancies that may arise for specific organizations. § 93-4 Ex-officio members. The Board shall include two ex-officio, nonvoting members, the Schenectady Public Safety Commissioner and a citizen-at-large appointed by the City Council. Members of the Schenectady Police Department Office of Professional Standards, the Corporation Counsel's office and others with knowledge of specific cases or related issues may be made available as resources to the Board, as requested by the Board majority. § 93-5 Limitations on membership. [Amended 2-11-2013 by Ord. No. 2013-02] No member of the Board may be a member of the Schenectady Police Department, an elected official, a City officer, or an employee of the City (other than the Public Safety Commissioner serving as an ex-officio member). Members may not serve or remain on the Board if they have been convicted of any felony. All members shall be residents of the City of Schenectady. No two members shall be related. A "relative" shall be defined as a spouse, parent, stepparent, sibling, step-sibling, sibling’s spouse, child, stepchild, uncle, aunt, nephew, niece, or first cousin. § 93-6 Term limits, holdovers and vacancy. [Amended 2-12-2007 by Ord. No. 2007-2; 4-13-2009 by Ord. No. 2009-04; 2-11-2013 by Ord. No. 2013- 02] A. In accordance with the provisions of the New York State Public Officers Law, any member whose term has expired shall hold over until his or her replacement shall be named; any replacement shall hold office for the balance of the term. Any vacancy in office shall be filled by Mayoral appointment, with Council confirmation, of a successor for the balance of the term. The Board shall notify any nominating organization at least 60 days prior to the expiring term of a person nominated by that organization. The Mayor shall make every effort to make such replacement appointment from said nomination or nominations within said sixty-day period. B. A member may be appointed to two consecutive terms. Upon the successful completion of two consecutive terms, the member may not be reappointed to membership on the Board for at least one year from the end of the last term in office. § 93-7 Board member training. Board members shall participate, within the first year of appointment, in training provided by the Schenectady Police Department, its Office of Professional Standards and the City of Schenectady's Law Department. Additional training, as agreed upon by the Board, will be provided and will include, but not be limited to, issues such as human relations, mediation and conflict management. § 93-8 Removal of Board member. A member of the Board may be removed by a two-thirds vote of the Board for cause, which shall include but not be limited to, unexcused absences, violation of confidentiality, refusal to complete training and conflict of interest. § 93-9 Quorum, meetings and attendance. [Amended 2-11-2013 by Ord. No. 2013-02] Five of nine members shall constitute a quorum for the transaction of business. The Board shall meet at least once per month, and more often as it by resolution may deem necessary. The Board shall by resolution establish the time and place of its regular meetings. § 93-10 Officers and bylaws. [Amended 2-11-2013 by Ord. No. 2013-02] The members of the Board, upon being appointed, shall convene and select a Chairperson and Secretary, and shall establish such rules and regulations, in writing, to be maintained by the Chairperson and distributed, as amended from time to time, to all Board members. The Board by resolution or bylaw may establish such other officers as it deems necessary for the transaction of business. Proceedings of all meetings shall be governed by the current edition of Robert’s Rules of Order. § 93-11 Mediation. The Board shall encourage and facilitate mediation of any complaint, as a first step in the appropriate cases. To this end, it shall establish a list of approved mediators and their qualifications. All such mediators shall be subject to the approval of the Board majority. The Board may hire or contract for the services of a mediation facilitator, which may be a person, an institution, or an agency. Participation in mediation shall be voluntary, and shall not be construed as a bar to either a civil lawsuit or criminal prosecution, or settlement of the same. § 93-12 Powers and duties - direct complaints. [Amended 4-13-2009 by Ord. No. 2009-05] The Board shall have the power to independently review complaints made to it concerning the policies and procedures of the Schenectady Police Department. The Board may hire an independent investigator to review or investigate complaints about policy or procedure, especially when the same allege violations of civil rights or the use of excessive force. Complaints shall be untimely unless filed within 45 days following the incident giving rise to the complaint. The complaint shall be investigated and a report filed with the Board within 30 days after the filing of the complaint unless unusual or extraordinary circumstances require a longer period of time for investigation. Where unusual or extraordinary circumstances exist, the Police Department shall report the existence and nature of the circumstances to the Board. The Board shall render its decision concerning the investigation of the Department within 30 days following the receipt of the Police Department’s investigation report. § 93-13 Powers and duties - internal affairs complaints. A. The Board hall have the power to review the investigation of civilian complaints against members of the Schenectady Police Department by review of the investigation by the Office of Professional Standards of the Police Department in a double-blind system. All complaints concerning members of the Department should be filed with the Police Department’s Office of Professional Standards. Complaints may also be filed with or at the Schenectady Human Rights Commission, the Schenectady NAACP, or City Hall. Complaints may also be initially filed with any other intake location, place or center indicated or provided by the Board, but shall be thereafter immediately forwarded to the Office of Professional Standards. Complaints must allege one or more of the following: (1) Harassment, which is repeated, unwarranted verbal or physical annoyances or unwarranted threats or demands; (2) Use of unnecessary or excessive force, which is the use of greater physical force than reasonably necessary to repel an attacker or terminate resistance, not including the force reasonably necessary to effect a lawful pursuit; (3) Use of language or conduct that is insulting, demeaning or humiliating, including harsh, violent, profane or derogatory language that would demean the dignity of an individual or reasonably be judged as racial, ethnic or sexist slurs; (4) Discriminatory treatment based on a person’s race, color, religion, national origin, sex, handicap, political affiliation, source of income or place of business or residence; or (5) Criminal conduct. B. Complaint forms should include a statement that the filing of a complaint is not a bar to filing a lawsuit for injury or damages, nor a bar to prosecution for perjury or filing a false instrument. The Board shall not itself participate in an internal affairs investigation, nor shall it issue subpoenas concerning the same. The Board shall be provided with all documents relating to an investigation. The time limits for filing and reporting of an internal complaint shall be as provided in the Policy and Procedure Manual of the Schenectady Police Department relating to professional standards complaints. Complaints shall be untimely unless filed within 45 days following the incident giving rise to the complaint. The complaint shall be investigated and a report filed with the Board within 30 days after the filing of the complaint, unless unusual or extraordinary circumstances require a longer period of time for investigation. Where unusual or extraordinary circumstances exist, the Police Department shall report the existence and nature of the circumstances to the Board. The Board shall render its decision concerning the investigation of the Department within 30 days following the receipt of the Police Department’s investigation report. The Board may hire an independent investigator to review the professional standards investigation of any complaint where the same alleges violations of civil rights or the use of excessive force. [Amended 4-13-2009 by Ord. No. 2009-05] C. An annual, independent audit, by a consultant selected by the Board, of all complaints and their investigations shall be completed; the results will be made available to the Mayor, the City Council and the Board. § 93-14 Findings - internal affairs complaints. The Board shall have the power to make findings upon its deliberations upon a review of a civilian complaint in the following form: that after a review of the complaint and its investigation, the findings may be found to be approved, disapproved, unable to be determined, returned for reevaluation, or referred to the Mayor and City Council, both of which have subpoena power. The complainant shall be notified in writing of the Board's findings within 30 days of those findings. § 93-15 Findings - policies and procedures. The Board shall have the power to make findings upon its deliberations concerning policies and procedures in whatever form it deems necessary, including reports and referrals to any other agency or institution of competent jurisdiction. § 93-16 Powers and duties - review and recommendation. The Board shall have as part of its mission the duty to recommend changes in City policy and procedures to the Mayor, City Council, and Public Safety Commissioner, and to review the effectiveness of local policies, laws and ordinances concerning police functions and recommend changes as it deems fit. § 93-17 Power and duties - education and outreach. The Board shall charge and oversee its paid staff with the responsibility to: A. Design programs to foster improved relations between the Schenectady Police Department and the citizens of the City of Schenectady; B. Become knowledgeable on procedures and operations; C. Provide a forum by which the citizens of Schenectady can educate themselves with regard to general police operations, as well as to educate and inform the Police Department on the ever-changing needs of the citizens; D. Cooperate with the various civic organizations within the City of Schenectady in order to fulfill the objectives of this chapter; E. Provide insight and recommendations to the Mayor and Council of the City of Schenectady on new and existing procedures which will improve the effectiveness of police and community relations; F. Prepare and/or recommend and/or promote youth outreach programs. § 93-18 Reporting. [Amended 2-12-2007 by Ord. No. 2007-2] The Board shall report its findings in summary form at least quarterly to the Mayor, City Council, and Chief of Police. The report should contain at a minimum the activities participated in, statistics on complaints received and reviewed, and training had and received. As much as is possible with respect to legal requirements, such reports, or parts thereof, should also be made available to the public. § 93-19 Staffing. [Amended 2-12-2007 by Ord. No. 2007-2] The Board may recruit, interview, and recommend the employment of an Executive Director, administrative support personnel, investigator, educator, or outreach specialist. Investigative and administrative staff support services should, whenever possible, be provided by independent contractors, subject to all applicable local and state laws and ordinances. § 93-20 Public deliberations. All meetings of the Board shall be open to the public unless an executive session is warranted under provisions of the New York State Open Meetings Law. § 93-21 Inquiry suspension. Upon written request of the Mayor, Corporation Counsel, or complainant, citing the existence of a civil or criminal court action, the Board shall suspend inquiry into any particular event or complaint up to or until such time as the court action is concluded. The inquiry may be resumed upon conclusion of the court action. § 93-22 Ongoing study by Advisory Committee. A. The Mayor and the City Council shall, within 90 days from the adoption of this chapter, each appoint 10 Schenectady residents to an Advisory Committee for ongoing study of and subsequent recommendations on the civilian police review process. Membership of the Advisory Committee shall be diverse and representative of constituencies and neighborhoods from throughout the City. The Executive Director of the Schenectady Civilian Police Review Board shall be a voting member of the Advisory Committee. B. The Advisory Committee shall be charged with studying such issues as the impact of the City-PBA contract and State Civil Service Law on the process; future roles for outside local, state and federal agencies, including but not limited to the Schenectady County District Attorney's office and Sheriff's Department; as well as other related issues that may arise from the continued work of the Schenectady Civilian Police Review Board. The Advisory Committee shall consider if changes are warranted and draft a strategy to implement those changes with the goal being a more responsive, independent police complaint review process. C. The Advisory Committee shall report its findings and recommendations to the Mayor, City Council and Civilian Police Review Board within 18 months of its formation. Upon acceptance of those findings and recommendations, the Advisory Committee shall cease to exist. § 93-23 (Reserved) § 93-24 Severability. Commented [2]: Editor's Note: Former § 93-23, Term, was repealed 6-27-2005 by Ord. No. 2005-11. If any part or parts of this chapter are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 01/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 19 Nassau Ave Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 01/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 211 Hulett Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 01/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 418 Schenectady Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 01/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 526 Paige St Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 01/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 931 Delamont Ave Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 01/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 1101 Parkwood Blvd Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 01/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 1219 Sumner Ave Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 01/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 1744 Albany Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Tuesday, January 19, 2021 From: James Commodore Subject Proposed Sale of 2155 Broadway Background Info: Evaluation/Analysis Recommendation Friday, January 15, 2021 SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Tuesday, January 19, 2021 From: James Commodore Subject Proposed Settlement of Tax Cert. Re: 1076 University Place (SBL: 39.75-1-4) Background Info: Evaluation/Analysis Recommendation Friday, January 15, 2021

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