City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, April 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: https://schenectadyny.webex.com/schenectadyny/onstage/g.php?MTID=ea72fddf0478410900f83bb00f3910107 Webex Meeting Phone #: 1-415-655-0001; Meeting #: 185 238 5284; Meeting Password: CityCouncil Public Safety Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation 1 Mike Seber FY 2020 (Dept. of Justice) 2 BJA FY2020 Bulletproof Vest Partnership Grant Mike Seber 3 Explosive Detection Canine Team Grant (NYS Office of Homeland Security) Mike Seber 4 Annual Application Fee Waivers for Exterior Building Repair and Roofing Permits John Mootooveren 5 Discussion – Dirt Bikes and ATV’s Karen Zalewski-Wildzunas City Development & Planning 1 Presentation of the 2021-2022 Proposed HUD Annual Action Plan and Call for a Public Hearing Kristin Diotte 2 A Request for Amendment to the CDBG-CV-3 Budget Kristin Diotte 3 Young Parents United – 1567 Bradley Street Rezoning Request Kristin Diotte 4 Resolution Issuing a Negative Declaration for Four (4) Tax Parcels Located on McClellan and Kristin Diotte Bradley Streets 5 Ordinance to Amend the Zoning Classification of Four (4) Tax Parcels Located on McClellan Kristin Diotte and Bradley Streets 6 ABAC for the “McClellan & Nott Street Traffic Signal Improvement” to Stilsing Electric, Inc. Chris Wallin in the Amount of $78,185 7 Authorize the Issuance of Revocable Permit No. 659 to ME Engineering for a Sign that Will Chris Wallin Overhang the City’s Right-of-Way at 433 State Street 8 Sale of 739 Eastern Avenue Maurice Brown, III 9 Sale of 1336 Eighth Avenue – Vacant Lot Maurice Brown, III 10 Sale of 1501 Chrisler Avenue Maurice Brown, III Claims 1 Randy Voris v. City of Schenectady Andrew Koldin, Esq. Friday, April 16, 2021 2 3 4 5 6  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Monday, April 19, 2021 From: John Mootooveren Subject Annual Application Fee Waivers for Exterior Building Repair and Roofing Permits Background Info: Evaluation/Analysis Recommendation Friday, April 16, 2021 7  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Monday, April 19, 2021 From: Karen Zalewski-Wildzunas Subject Discussion - Dirt Bike and ATV's Background Info: Evaluation/Analysis Recommendation Friday, April 16, 2021 8 OFF ROAD VEHICLES All-terrain vehicles (sometimes known as “ATVs”) as that term in defined in section 2281 (1) of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in section 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily on off-highway trails or for off highway competitions and are only incidentally operated on public highways. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles in this area. OPERATE To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle in any manner, whether or not said off-road vehicle is under way. PUBLIC HIGHWAY Any highway, road, alley, street, avenue, public place, public driveway, or any other public way. Restrictions A. Public Property. No person shall operate an off-road vehicle on a public highway or on any public property in the City of Albany. B. Private Property. No person shall operate an off-road vehicle off a public highway on private property in the City Of Albany unless such person has first obtained the express consent of the owner or occupant of such property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the City of Albany lacks consent to operate the off-road vehicle on private property. Penalties for offenses; impoundment and redemption. A. Any person who operates an off-road vehicle in violation of § 357-2 (A) or (B) of this chapter shall be guilty of an offense punishable by a fine not to exceed $650 or imprisonment not to exceed 15 days, or both. B. In addition to the penalties set forth in subsection (A) of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 357-2 (A) or (B) of this chapter. Such impounded off-road vehicle shall be stored by the pertinent police department or enforcement agency pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the 9  address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding such off-road vehicle, nor the City of Albany, nor any agent nor employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of § 357-2 (A) or (B) of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,350. An off- road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner’s agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney. Enforcement. The Chief of Police is charged with the enforcement of the provisions of this chapter Severability. If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered. Unclaimed vehicles; public auction. Whenever any vehicle which has been impounded by the Department of Police remains in the possession of the Department unclaimed by any person having the right to the possession of such vehicle for a period of 60 days, such vehicles [shall] may be: (a) sold under the direction of the Purchasing Agent, at public auction, to the highest bidder after notice of such auction has been given for not less than one week, by one publication in the newspaper of the City of Albany; (b) sold for scrap; or (c) destroyed. Section 3. Section 359-29 (Redeeming of vehicles) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-29 Redeeming of vehicles. The owner of such vehicles or his agent may, within 60 days from the date of impounding, redeem the vehicle by paying to the Chief of Police the sum of $70 for towing or hauling and storage charges not exceeding $20 per day for each day impounded. [He] Such owner or agent shall also sign a written receipt for such vehicle. Said sums shall be in addition to any bond required for the violation for which the vehicle was towed, in addition to any redemption fee established in this Code, and in addition to any outstanding fines due for parking, stopping or standing violations. Section 3. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. 10  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: City Planning + Development DATE: April 15, 2021 TO: City Council FROM: Kristin Diotte, Director of Development SUBJECT: Presentation of the 2021‐2022 Proposed HUD Annual Action Plan and Call for a Public Hearing Background Information: Funding in the amount of $2,244,683 in Community Development Block Grant (CDBG), $197,895 in Emergency Solutions Grant (ESG), and $1,057,515 in HOME Investment Partnerships for a total of $3,500,093 is expected to be allocated to the City of Schenectady by the U.S. Department of Housing and Urban Development (HUD) for the 2021‐2022 Federal Fiscal Year. The 2021‐2022 Proposed Action Plan details the funded strategies to achieve City goals and objectives which are identified in the 2020‐2024 Consolidated Plan. The Proposed Action Plan allocations are subject to change pending the passing of the Federal budget. Evaluation/Analysis: Applications for 2021‐2022 Federal Fiscal Year funding were reviewed and the recommendations for funding allocations are being presented as part of the 2021‐2022 Proposed Action Plan. The 2021‐2022 Proposed Action Plan will be made available to the public for comment beginning April 26, 2021 and ending May 26, 2021. Recommendation: Presentation of the 2021‐2022 Proposed Action Plan and announcement of a thirty‐day comment period. In addition, a call for a Public Hearing to be held on Monday, May 10, 2021, at 5:30pm via teleconference to coincide with the regularly scheduled City Council Meeting for the purposes of hearing comments on the 2021‐2022 Proposed Action Plan. LEGISLATION WILL BE PREPARED BY_______Law Department________ 11 12 13 14 15 16 17 18  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: City Planning + Development DATE: April 15, 2021 TO: City Council FROM: Kristin Diotte, Director of Planning + Development SUBJECT: A request for amendment to the CDBG‐CV‐3 budget Background Information: In response to the Coronavirus Pandemic (COVID‐19), the U.S. Department of Housing and Urban Development (HUD) allocated $619,061 in stimulus funding through the Community Development Block Grant (CDBG‐CV‐3) to the City of Schenectady. This allocation is authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116‐136. Evaluation/Analysis: Budget amendment request to re‐allocate $75,000 from the ‘City PPE COVID‐19 Supplies/Equipment’ to ‘Economic Recovery’. Economic Recovery funding for small business grants has had a positive impact in the City in partnership with Community Loan Fund. In addition, PPE costs are being covered by other sources of funds including relief from FEMA. The City of Schenectady continues to work with our partners, service providers and community to identify the most immediate needs and projected long‐term needs as a result of COVID‐19 in order to align these resources in a timely manner to the highest priorities identified. Recommendation: City Council approval of the CDBG‐CV‐3 budget amendment to allocate $75,000 from ‘City PPE COVID‐19 Supplies/Equipment’ to ‘Economic Recovery’. LEGISLATION WILL BE PREPARED BY _______Law Department________ 19  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 4/15/21 TO: COUNCIL MEMBERS FROM: Kristin Diotte SUBJECT: Young Parents United – 1567 Bradley St Rezoning Request Background Information: Upon further review and communication received from the Young Parents United project team, there is a single vacant lot located at 1567 Bradley St (49.44-3-2) which they are requesting to have rezoned. The rezoning request would turn a vacant lot currently zoned as "R-1" Single Family Residential to the “I” Institutional zoning district. If approved this lot would then be consolidated with four (4) other tax parcels (49.44-3-1, 49.36-3-67, 49.36-3-66 and 49.36-3-65) and a portion of a fifth (49.36-3-70). Evaluation/Analysis: The purpose of this rezoning request is to allow for Young Parents United to turn an underutilized vacant parcel into part of their proposed transitional housing facility for young mothers and children. The current zoning district, R-1 Single Family, does not allow for multifamily structures and carries with it additional setback and dimensional restrictions. This property is adjacent to another parcel zoned as “I” Institutional. The specific tax parcel will be consolidated with tax parcels listed above, all of which are currently owned by Ellis Hospital. Under Section 264-130 of the City Code, the Community Development and Planning Committee may refer a rezoning proposal to the Planning Commission for recommendation. Since this parcel was shown on the plans previously referred to the Planning Commission as part of the project, it is not necessary for the City Council to refer this specific parcel back to the Planning Commission again. Recommendations made by the Planning Commission on 3/17/21 and sent to the City Council would likely mirror the same support already espoused by the Planning Commission members. Recommendation: 1. The City Council shall declare the intent to act as the Lead Agency for the State Environmental Quality Review to determine the environmental significance of rezoning 1567 Bradley Street. 2. City Council to open a 30 day public comment period. LEGISLATION WILL BE PREPARED BY _____Law Dept._____ 20  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 4/15/21 TO: COUNCIL MEMBERS FROM: Kristin Diotte SUBJECT: Resolution issuing a Negative Declaration for four (4) tax parcels located on McClellan and Bradley Streets. Background Information: On March 8, 2021 the City Council passed a resolution declaring lead agency for SEQR and opened a thirty (30) day public comment period regarding the rezoning of four (4) tax parcels (49.44-3-1, 49.36-3- 67, 49.36-3-66 and 49.36-3-65) adjacent to Ellis Hospital. An ordinance to amend the zoning classification of said parcels was adopted on April 12, 2021, however, a Negative Declaration for SEQR was not issued. Evaluation/Analysis: Under SEQR it is a requirement that a Negative Declaration be determined and subsequently issued before an action such as rezoning may occur. Based on the Short Environmental Assessment Form submitted by the applicant for this Unlisted Action there will be no adverse environmental impacts as a result of this rezoning. Recommendation: The City Council shall pass a resolution issuing a Negative Declaration for the requested rezoning of four (4) tax parcels (49.44-3-1, 49.36-3-67, 49.36-3-66 and 49.36-3-65). LEGISLATION WILL BE PREPARED BY _____Law Dept._____ 21  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 4/15/21 TO: COUNCIL MEMBERS FROM: Kristin Diotte SUBJECT: Ordinance to amend the zoning classification of four (4) tax parcels located on McClellan and Bradley Streets. Background Information: On April 12, 2021 the City Council passed an ordinance amending the zoning classification of four (4) tax parcels (49.44-3-1, 49.36-3-67, 49.36-3-66 and 49.36-3-65) from “R-1” Single Family and “R-2” Two- Family to the “I” Institutional zoning district. Although lead agency for SEQR and a thirty (30) day public comment period were issued, a Negative Declaration was not issued as part of the prior resolution and ordinance. Evaluation/Analysis: Under SEQR it is a requirement that a Negative Declaration be determined and subsequently issued before an action such as rezoning may occur. Based on the Short Environmental Assessment Form submitted by the applicant for this Unlisted Action there will be no adverse environmental impacts as a result of this rezoning. It is therefore requested that a new ordinance be adopted to amend the zoning classification of the four (4) tax parcels after a Negative Declaration for SEQR is adopted by City Council. Recommendation: 1. The City Council shall adopt an ordinance amending the zoning classification of four (4) tax parcels located on McClellan and Bradley Streets. LEGISLATION WILL BE PREPARED BY _____Law Dept._____ 22 23 24 25 26 27 28 29 30 31 32 33  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 04/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 739 Eastern Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 34  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 04/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of Vacant Lot, 1336 Eighth Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 35  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 04/19/21 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 1501 Chrisler Avenue Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 36  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, April 19, 2021 From: Andrew Koldin Subject Randy Voris v. City of Schenectady Background Info: Evaluation/Analysis Recommendation Friday, April 16, 2021 37