City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Tuesday, February 06, 2023 5:30 p.m. Room 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. Public Safety 1 Acceptance of State and Municipal Facilities Program (SAM) Grant Eric Clifford 2 Enter into an Agreement with Catapult Games Eric Clifford CPH – to Amend §186-16 of the City Code (Fires &Smoking Prohibited in City Parks; Andrew Koldin 3 Exceptions) Finance Authorization for the Mayor to Enter into an Agreement with Community Loan Fund of the Kristin Diotte 1 Capital Region, Inc. for $200,000.00 for the Small Business Assistance Program Higher Ground Worship Center, Inc. 801 Stanley Street (S/B/L: 49.33-4-1.1) Waiver of Property Chris Marney 2 Tax Interest and Penalty Allocation of Additional American Rescue Plan Act Funds for the Construction of the Central Chris Wallin 3 Park Pool, Spray Pad, and Facilities Government Operations Reminder – Amendments to Chapter 161 of the Schenectady City Code Regarding the Damonni Farley 1 Collection of White Goods (PH will be held on 02-27-2023) City Development & Planning ABAC – for the “Central Palk Pool, Spray Pad, and Facilities” Contracts GC, EC, and PC in the Chris Wallin 1 Total Amount of $7,968,000.00 ABAC – for the “Central Park Pool, Spray Pad, and Facilities” Contract MC to RMB Chris Wallin 2 Mechanical, Inc. in the Amount of $53,000.00 3 CR - Recognizing Women’s History Month Carmel Patrick CR- Recognizing the Small Business Owners of Mami’s & Caribe Spanish Restaurant & Sports Marion Porterfield 4 Bar 5 Creative Outdoor Presentation on Outdoor Garbage Collection Bins John Polimeni 6 Discussion – Abandonment and Sale of Larch Street Maurice Brown, III 7 Sale of 35 Moyston Street, Vacant Lot Maurice Brown, III Claims 1 Safeco Insurance a/s/o Jonathan Miller vs. City of Schenectady Andrew Koldin 2 Rahman and Poli vs. City of Schenectady Andrew Koldin 3 Southside Development, LLC vs. City of Schenectady Chris Marney Wednesday, February 22, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 21, 2023 TO: City Council FROM: Andrew Koldin, Esq. SUBJECT: Call for Public Hearing to Amend §186-16 of the City Code (Fires and Smoking Prohibited in City Parks; Exceptions) Background Information: The use of cannabinoid products has been legalized and regulated within New York State. Many of these restrictions apply to cannabinoid products as well as tobacco products. For example, in 2022, New York State amended Public Health Law §1399-o-2 to prohibit smoking in public parks. Enforcement of this state law is left to the county board of health. However, state law, specifically Public Health Law §1399-r, allows municipalities the ability to adopt and enforce local laws that prohibit smoking and vaping that are consistent with the State’s laws. Currently, Schenectady City Code §186-16(B) states, “No person shall smoke within the City’s parks. For purposes of this section, ‘to smoke’ means to burn a lighted cigar, cigarette, or pipe, or to use any other matter or substance which contains tobacco.” This section of code, since it was last amended in 2012, does not address the use of cannabis, cannabinoids, or electronic cigarettes. Therefore, the City Code should be amended to be consistent with restrictions on the use of cannabis, cannabinoids, and electronic cigarettes as provided in NYS Public Health Law. Evaluation/Analysis: In order to effectuate the amendments described above, the City Council would be required to call for a public hearing regarding amending Schenectady City Code §186- 16(B). For the purposes of consistency with State Law, it is proposed that the definitions of “smoking” and “vaping” explicitly refer to those definitions as provided in NYS Public Health Law (§1399-n). Recommendation: It is recommended that the legislative request for a call for a public hearing on March 13, 2023 to amend Schenectady City Code §186-16(B) be approved for full City Council consideration. LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________ 26  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: 2/13/2023 TO: COUNCILMEMBERS FROM: KRISTIN DIOTTE, DIRECTOR OF DEVELOPMENT SUBJECT: Authorization for the Mayor to Enter An Agreement with Community Loan Fund of the Capital Region Inc. For $200,000 for the Small Business Assistance Program Background Information: On February 13, 2023 The Schenectady City Council adopted resolution 2023- 023 in support of a Five Day Public Comment Period for the Allocation of $200,000 for small business assistance. This 5-day Public Comment Period concluded on February 18, 2023. Evaluation/Analysis: The 5- day Public Comment Period ended on February 18, 2023 with zero public comments. Since 2020 the City of Schenectady has supported over 64 local small businesses with Grants. Many businesses still identify the effects of the Covid-19 pandemic as a barrier to success. Due to the success of the program, we are looking to allocate an additional $200,000 to the program. Recommendation: Authorize the Mayor to Enter an Agreement with the Community Loan Fund of the Capital Region of The Capital Region Inc. for $200,000 of CDBG-CV to provide Grants to Small Businesses in the City of Schenectady. LEGISLATION WILL BE PREPARED BY_____________________ 27  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 17, 2023 TO: City Council FROM: Christopher Marney, Esq. SUBJECT: Higher Ground Worship Center, Inc. 801 Stanley Street (SBL 49.33-4-1.1) Waiver of Property Tax Interest and Penalty Background Information: The 2008 sale of 801 Stanley Street between two nonprofit religious corporations resulted in a lapse in ad valorem property tax exemption for the 2009 assessment roll. As such, the property was taxable for a brief period time resulting in a $6,882.32 tax liability. The taxes went unpaid and the property is currently in foreclosure with approximately $24,415.75 owed in principal, interest and penalties. The property is currently wholly tax exempt. Evaluation/Analysis: The municipality is without authority to waive validly assessed property taxes. While religious corporations may seek a retroactive application of their tax exemption, it typically requires state legislative approval or judicial intervention. As an alternative to these time consuming and costly options, the religious corporation has instead opted to pay the principal balance of taxes owed and now seeks a waiver of interest and penalties in the amount of +/- $17,533.43. Such a waiver is within the authority of City Council to grant and will result in a redemption of the property and removal from the tax foreclosure proceeding. Recommendation: The City Council resolve to waive the accumulated property tax interest and penalties for 801 Stanley Street (SBL 49.33-4-1.1). LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________ 28 29 30  Legislative Request Form DEPARTMENT OF ENGINEERING CHRISTOPHER WALLIN, P.E., CITY ENGINEER COMMITTEE ASSIGNMENT: DATE: February 21, 2023 TO: City Council FROM: Christopher R. Wallin, P.E., City Engineer SUBJECT: Allocation of Additional American Rescue Plan Act funds for the Construction of the Central Park Pool, Spray Pad and Facilities TO BE PLACED ON COUNCIL AGENDA OF: February 27, 2023 Background Information: In 2021, the City received American Rescue Plan Act (ARPA) funds from the federal government. To date $4.95M of ARPA funds have been allocated for the construction of a new pool, spray pad and necessary ancillary facilities at Central Park. To expedite the construction of the pool the project has been split into multiple phases. Phase 1 consisted of the demolition and scrapping of the former Tennis Stadium ($10k). Phase 2 consisted of the clearing and grading of the site where the pool will be located ($240k). And Phase 3 will be the construction of the pool, splash pad and facilities themselves. Evaluation/Analysis: A Central Park Pool Committee was assembled by the City to assist with the design and development of the new pool facility. This Committee consisted of members of the community, volunteers involved in other park facilities, the Boys and Girls Club, the Consulting team, the Mayor and City staff. These Committee meetings ultimately steered the direction of the pool project. Creating a facility that could be utilized by both pool goers and the general park community was saw as a benefit. In addition, the new facility was desired to be attractive to visitors of all kinds. The agreed upon concept was designed and bid in 2022, bids were opened on January 12th of this year. The outcome of the bids has resulted in a funding shortfall of approximately $5.2M. This number includes all soft costs and contingency. Recommendation: Authorize the Finance Commissioner to allocate an additional $5.2M in ARPA funds to the Central Park Pool, Spray Pad and Facility project. LEGISLATION WILL BE PREPARED BY: Engineering CRW: cd 1 31 32 Below is a general breakdown of the Central Park Pool costs by facility. Central Park Pool, Splash Pad, and Facilities Costs Swimming Pool (including pool deck, turf, fencing) $ 2,900,000.00 Bathhouse & Pumphouse $ 2,300,000.00 Splash Pad $ 150,000.00 Site features, earthwork, parking, landscaping $ 970,000.00 Utilities (stormwater, water, site electrical, sanitary) $ 1,050,000.00 Miscellaneous (General Requirements, staging) $ 650,000.00 Total Cost $ 8,020,000.00 33  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 21, 2023 TO: COUNCILMEMBERS FROM: Paul LaFond, Commissioner of General Services SUBJECT: Calling for a Public Hearing regarding the frequency of Collection of ‘White Goods’ Background Information: The City of Schenectady Code of Ordinances states the following: § 161-21 Public collection and disposal of solid waste. A. The Department shall collect and dispose of all residential solid waste (including institutional, mixed residential and multiple residential users electing to receive and which qualify for City solid waste collection service) originating in the City, and, as further limited by this article, all solid waste from such commercial uses as may elect and qualify to receive City solid waste collection services. Such solid waste shall be stored and prepared for collection by property owners and occupants in accordance with the provisions of this article. C. The Commissioner may promulgate regulations covering the items of collection of solid waste and the fees charged therefor, and such other matters pertaining to the public collection and disposal of solid waste as he/she may deem necessary, provided that such regulations are not contrary to the provisions hereof. D. The City shall collect residential solid waste originating in the City as defined by this chapter once each week, All other collections will be made at a frequency determined by the Commissioner to be necessary consistent with the public health. Definitions: SOLID WASTE Materials or substances which are discharged or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection and shall include garbage, yard waste, recyclable rubbish, white goods, large household furnishings and nonrecyclable rubbish generated by any person. The term shall not include sewage, sludge or liquid-diluted material 34 WHITE GOODS Large and/or bulky articles used in the home and which equip it for living, including but not limited to refrigerators, washers, dryers, stoves and hot-water heaters ordinarily operated by gas, wood or electric current. Evaluation/Analysis: To change the frequency of collection of ‘White Goods” from weekly to once a month on the third solid waste pickup day for each district. Recommendation: To call for a Public Hearing to be held on Monday, February 13, 2023, at 7:00 pm with the regularly scheduled City Council meeting for the purpose of hearing comments on the proposed changes to the City of Schenectady Code of Ordinances regarding collection of ‘White Goods’. LEGISLATION WILL BE PREPARED BY _____________________ 35  Legislative Request Form DEPARTMENT OF ENGINEERING CHRISTOPHER WALLIN, P.E., CITY ENGINEER COMMITTEE ASSIGNMENT: DATE: February 21, 2023 TO: City Council FROM: Christopher R. Wallin, P.E., City Engineer SUBJECT: Award Bid and Contract for the “Central Park Pool, Spray Pad, and Facilities” Contracts GC, EC, and PC as listed below in the total amount of $7,968,000.00 TO BE PLACED ON COUNCIL AGENDA OF: February 27, 2023 Background Information: In 2021, the City received American Rescue Plan Act (ARPA) funds from the federal government. ARPA funds have been allocated for the construction of a new pool, spray pad and necessary ancillary facilities at Central Park. To expedite the construction of the pool the project has been split into multiple phases. Phase 1 consisted of the demolition and scrapping of the former Tennis Stadium ($10k). Phase 2 consisted of the clearing and grading of the site where the pool will be located ($240k). And Phase 3 will be the construction of the pool, splash pad and facilities themselves. Evaluation/Analysis: The Purchasing Department solicited and received bids for the “Central Park Pool, Spray Pad and Facilities.” Due to Wicks Law the project was split into four separate and unique packages. They are GC (general construction), EC (electrical construction), PC (plumbing construction), and MC (mechanical construction). Low bids were received on January 12, 2023 (please see attached bid tabulation) as follows: Name Location Contract Amount Jersen Construction Group, LLC Waterford, NY GC $7,263,000.00 O’Connell Electric Co., Inc. Victor, NY EC $516,000.00 RMB Mechanical, Inc. Schenectady, NY PC $189,000.00 There were no bids received for the Mechanical Construction portion of the contract. Recommendation: Authorize the Award the three (3) bids and contracts as listed above for the Central Park Pool, Spray Pad, & Facilities in the amounts as shown. LEGISLATION WILL BE PREPARED BY: Engineering CRW: cd 1 36 37 38 39 40 41 42 43 44 45  Legislative Request Form DEPARTMENT OF ENGINEERING CHRISTOPHER WALLIN, P.E., CITY ENGINEER COMMITTEE ASSIGNMENT: DATE: February 21, 2023 TO: City Council FROM: Christopher R. Wallin, P.E., City Engineer SUBJECT: Award Bid and Contract for the “Central Park Pool, Spray Pad, and Facilities” Contract MC to RMB Mechanical, Inc. in the amount of $53,000.00 TO BE PLACED ON COUNCIL AGENDA OF: February 27, 2023 Background Information: In 2021, the City received American Rescue Plan Act (ARPA) funds from the federal government. ARPA funds have been allocated for the construction of a new pool, spray pad and necessary ancillary facilities at Central Park. To expedite the construction of the pool the project has been split into multiple phases. Phase 1 consisted of the demolition and scrapping of the former Tennis Stadium ($10k). Phase 2 consisted of the clearing and grading of the site where the pool will be located ($240k). And Phase 3 will be the construction of the pool, splash pad and facilities themselves. Evaluation/Analysis: The Purchasing Department solicited bids for the “Central Park Pool, Spray Pad and Facilities” with a return date of January 12, 2023. Due to Wicks Law the project was split into four separate and unique packages. No bids were received for the Mechanical package. Since there were no bids received for the mechanical portion of this project, Purchasing reached out to the plan holders to get quotes for this work, and to understand why it was not bid. A low quote was received from RMB Mechanical, Inc. who is also the low bidder for the Plumbing Construction (PC) portion of this contract, in the amount of $53,000.00 Recommendation: Authorize the Mayor to award the Mechanical Construction Portion of the “Central Park Pool, Spray Pad, and Facilities to RMB Mechanical, Inc. in the amount of $53,000.00 LEGISLATION WILL BE PREPARED BY: Engineering CRW: cd 1 46 47 48 49 50 51  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Health and Recreation DATE: February 14, 2023 TO: COUNCILMEMBERS FROM: Carmel Patrick SUBJECT: CR Recognizing Women’s History Month Background Information: Women’s History Month is celebrated annually in March, to celebrate the contributions that women have given to society throughout the years. Evaluation/Analysis: Throughout time, women have played a vital role in U.S. history. We celebrate March as Women’s History Month to highlight the achievements and contributions made by a variety of women pioneers in a variety of fields. We recognize the women who have changed the world in so many different ways. Recommendation: That the Schenectady City Council celebrate the contributions of women by recognizing March 2023 as Women’s History Month in the City of Schenectady. LEGISLATION WILL BE PREPARED BY Councilwoman Carmel Patrick. 52  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 21, 2023 TO: City Council Members FROM: Council President Marion Porterfield SUBJECT: CR recognizing Mami’s and Caribe Spanish Restaurant & Sports Bar Background Information: Mami’s Spanish Restaurant has been open since 2008 and owners recently celebrated the grand opening of another restaurant Caribe Spanish Restaurant & Sports Bar. Evaluation/Analysis: . Recommendation: City Council passed a ceremonial resolution recognizing Mami’s and Caribe Spanish Restaurant and Sports Bar. LEGISLATION WILL BE PREPARED BY_____ _________ 53  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Administrative Efficiency DATE: February 2, 2023 TO: COUNCILMEMBERS FROM: John Polimeni SUBJECT: Creative Outdoor Presentation on Outdoor Garbage Collection Bins Background Information: Litter is one of the largest problems Schenectady has. A litter program was introduced a few months ago as a roadmap for addressing the litter situation. Part of the litter program is putting more garbage cans out in public and in the neighborhoods. Creative Outdoor is a company that provides municipalities with garbage and recycling containers. In exchange they sell advertising (the advertising upholds community standards in content and appearance) on the units. Creative Outdoor assumes all the costs for hardware and capital, installation, insurance and maintenance. Also in keeping with the litter program, Creative Outdoor provides environmental education materials to schools and community groups. Jim Diamond from Creative Outdoor will do a short presentation on the proposal. It is expensive to purchase new waste containers; the units, installation, cleaning, graffiti removal, vandalism repair, etc. The City will receive a percentage of the revenue generated and receive some public service announcement space free of charge. This arrangement will replace old trash cans throughout the city and generate revenue for the city. The City will have 100% control of the program without incurring any of the costs. Evaluation/Analysis: This opportunity enables the City to replace old garbage units in the City at no cost and to generate some revenue. Putting garbage cans in neighborhoods will 54  help alleviate some of the litter problem the City faces and is part of the litter program introduced a few months ago. Recommendation: Authorize the Mayor to enter contract negotiations with Creative Outdoor LEGISLATION WILL BE PREPARED BY_____________________ 55  The MetroBin ATTRACTIVE, FUNCTIONAL AND CONTEMPORARY The “MetroBin” will transform and enhance the quality of your environment while providing a responsible waste management solution. We only use materials that withstand the demands of heavy usage and extreme climates. We provide unique, vandal KEY FEATURES and graffiti resistant second surface signage. • Customizable Port Holes The “MetroBin” three-stream unit is designed to accomodate • Set in place with leveling posts 3 separate recycling/waste compartments to divert materials • Universal cam lock mechanism such as litter, cans, bottles and paper. The openings are • Sloped top allows for water and labelled appropriately and units can be customized (ie 1 recycle, snow to slide off 2 waste, 3 garbage). The sloping top allows for water and snow • Vandal resistant to slide off thus preventing any residue buil-up.  MATERIAL COLORS DIMENSIONS INSTALLATION Stainless or Silver or Black Floor mounting with 71” L x 47” H x 24” D Gavlvanized Steel (Brushed #4 Finish) leveller posts (x4) Contact us for more information on this product or to hear more about our other product offerings! T: 1.800.661.6088 F: 1.866.426.2237 CREATIVEOUTDOOR.COM 56  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/21/23 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Discussion- Abandonment and sale of Larch Street Background Information: Larch Street is small street that is located between 633 & 651 Lansing Street. Multiple complaints of illegal dumping of trash and larger debris have been reported over several years. The owner 633 Lansing Street (Previous City owned Purchase) and the owner of 651 Lansing Street are interested in taking purchasing Larch street. They would like to split the land between the 2 of them and merge them to the respective adjacent property to be used for needed parking and access to existing garage. Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 57 58  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 02/21/23 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of Vacant lot, 35 Moyston Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development 59  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Tuesday, February 21, 2023 From: Andrew Koldin Subject Safeco Insurance a/s/o Jonathan Miller vs. City of Schenectady Background Info: Evaluation/Analysis Recommendation Friday, February 17, 2023 60  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: February 21, 2023 TO: City Council FROM: Andrew Koldin SUBJECT: Rahman and Poli v. City of Schenectady (FOR EXECUTIVE SESSION) Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________ 61  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Tuesday, February 21, 2023 From: Chris Marney Subject Southside Development, LLC vs. City of Schenectady Background Info: Evaluation/Analysis Recommendation Friday, February 17, 2023 62