City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, April 3, 2023 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 Codes and Assessment Presentation Gary McCarthy City Development & Planning 1 Reminder – Presentation of a Resolution Recognizing St. Adalbert’s 120th Anniversary John Polimeni Authorize the Mayor to Enter Into Supplemental Agreement #3 with New York State Dept. of Chris Wallin 2 Transportation (NYSDOT) for the Replacement of Kings Road Bridge Over CSX / Amtrak, Bin 2203130, PIN 1758.95 CPH – for the Redirection of Fuller Street, from a Two-Way Street to be One-Way from South Chris Wallin 3 Church Street to South Ferry Street 4 CPH – Abandonment of a Portion of Amelia Street Chris Wallin 5 CPH – Abandonment of a Portion of Larch Avenue Chris Wallin ABAC – for the “Crack Sealing of City Streets 2023” to Sealcoat USA, Inc. in the Amount of Chris Wallin 6 $157,380.00 Finance 1 Inclusion of New Cart Fees and Rates at the Schenectady Municipal Golf Course Chris Wallin 2 Reminder – 2023-2024 Proposed HUD Annual Action Plan (PH on 04-10-2023) John Mootooveren Public Safety Requesting State Legislation Requiring Compliance with City Code Related to Rental Gary McCarthy 1 Residential Property Registration for Eviction Proceedings Reminder - Amending Section186-16 of the Schenectady City Code Regarding Smoking in City Carl Williams 2 Parks (PH was held on 03-13-2023) Reminder – Amending the Schenectady City Code to Add Provisions Relating to the Use of Carl Williams 3 School Bus Stop Arm Cameras (PH on 04-10-2023) Government Operations 1 Ethic Board Appointment Letters Gary McCarthy Friday, March 31, 2023 1  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Government Operations DATE: March 30, 2023 TO: COUNCILMEMBERS FROM: Mayor Gary R. McCarthy SUBJECT: Codes and Assessment Presentation Background Information: Sole Assessor, Molly MacElroy and Chief Building Officer, Nayeem Abzal have put together a presentation outlining the policies and procedures for the Bureau of Code Enforcement and Bureau of Assessment for the City Council. Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY______NA_______________ 2 The Assessment and Building Departments The City of Schenectady April 3, 2023 Molly MacElroy and Nayeem Abzal 3  Agenda Agenda • About us • Facts and statistics • Building Department • Permit process • Inspection process • Stop work orders • Certificate of occupancy • Certificate of completion • Assessment Department • Department structure • Assessment calendar • Assessed value and equalization • Assessment process and equity • Comments and Observations • Wrap-up and Questions 4  Molly MacElroy Nayeem Abzal Background Background • M.Ed., Higher Education and Student • Current City Chief Building Inspector Personnel Administration, University of Vermont • City Code Enforcement Official- 4.5 years • MBA, Finance, Clarkson University • Schenectady Resident since 2003 • New York State Certified Assessor • Residential Electrician- Career Diploma • New York State Real Property Appraiser • Master Electrician License Holder (City of Schenectady and City of Troy) – 4 years • City Assessor, starting 9th year in May • Certified lead paint removal • Member, New York State Assessors Association • OSHA 30 Hazard recognition training for the construction industry • Executive Board Member, Albany Schenectady County Assessors Association • General contractor- Over 15 years 5  Assessment Department Building Department Facts and Statistics Facts and Statistics • Parcels and Value (2022) From the year 2022: • 19,965 • $3,902,358,283 (TAV) • Inspections performed: Approx. 6740 • $2,436,570,341 (TTV) • Permits Issued: 2511 • Sales Processed (Jan 2021-Dec 2022) • Notice of Violation Issued: 1804 • 3657 • City Sale Permits Issued: 62 • 538 >$200,000 • Rental Inspection: 1569 • Exemptions Processed (2022) • Rental Fee: $125,975 • 9144 • Permit Fee: $1,515,825 • Grievance Applications Received • Violation Admin Fee: $95,100 • 2014 - 453 • Vacant Building Registration Fee: $236,500 • 2015 - 422 • Complaint Fee: $70,300 • 2016 - 250 • Certificate of Use, Public Assembly and • 2017 - 247 other inspections completed by the • 2018 - 158 building department: $37,175 • 2019 - 129 • Total Revenue Generated: $2,080,875 • 2020 - 68 • 2021 - 50 • 2022 – 44 6  SCHENECTADY BUILDING DEPARTMENT BUILDING DEPARTMENT PERMIT PROCESS INSPECTION PROCESS STOP WORK CERTIFICATES ORDERS OF OCCUPANCY/ COMPLETION 7  BUILDING SCHENECTADY BUILDING DEPARTMENT DEPARTMENT - We, as officials of the City of Schenectady, are here to promote public health, safety, and welfare. We do our best to ensure the building as a whole is safe for everyone who occupies it. - Educate residents of the city on codes, policies, and procedures. CODE OF ETHICS - Perform fire/life safety inspections and construction inspections as required. - Deliver a standard of building excellence only achieved by adhering to federal, state, and our own municipal codes. - Stay professional and unbiased with everyone we work with. PERMIT PROCESS INSPECTION PROCESS STOP WORK CERTIFICATES ORDERS OF OCCUPANCY/ 8 COMPLETION  BUILDING SCHENECTADY BUILDING DEPARTMENT DEPARTMENT PERMIT PROCESS - Permit applications are applied for online and in-person by homeowners or contractors. - The application is then processed, reviewed, and approved by the code officer. - Once the application is approved, the applicant will be notified. This process can take 7-10 business days depending on the scope of work. - The permit application includes a description of what work will be performed. INSPECTION PROCESS STOP WORK CERTIFICATES ORDERS OF OCCUPANCY/ COMPLETION 9  BUILDING SCHENECTADY BUILDING DEPARTMENT DEPARTMENT PERMIT PROCESS INSPECTION PROCESS -Multiple inspections are performed on every permit. Examples of the type of inspections are foundation, rough, framing, insulation, HVAC, and final inspections. -All permits must have a final inspection done before the permit can be closed out and a Certificate of Occupancy or Certificate of Completion can be issued. -Photos and detailed notes are taken of all inspections. STOP WORK CERTIFICATES ORDERS OF OCCUPANCY/ COMPLETION 10  SCHENECTADY BUILDING DEPARTMENT BUILDING DEPARTMENT INSPECTION PERMIT PROCESS STOP PROCESS STOP WORK WORK ORDERS - Stop work orders are issued when someone is found doing work or has done work that ORDER requires a permit without first obtaining a permit. - People are normally found doing work without permits from reports from the public or when we are called for an inspection relating to complaints. - The fee for a stop work order is $500 plus all permit fees for all required permits will be double. (can get very expensive) - Permits are not required for trivial work such as; Painting, flooring over the existing subfloor, roof, and siding repairs under 100sqf. - A good practice is always asking when a permit is required. CERTIFICATES OF OCCUPANCY/ COMPLETION 11  BUILDING SCHENECTADY BUILDING DEPARTMENT DEPARTMENT PERMIT PROCESS INSPECTION PROCESS STOP WORK CERTIFICATE OF OCCUPANCY ORDERS CERTIFICATES CERTIFICATE OF COMPLETION OF OCCUPANCY/ COMPLETION - Homeowners are advised to always obtain permits to ensure that the work being performed is done as required by today's code. If you’re paying someone to get your work done, wouldn't you want them to do it correctly? - A certificate of completion/occupancy is issued when the final inspection is completed and all permits are closed out related to that project. - We have seen an increase in homeowners, buyers, sellers, banks, and even insurance companies over the last 3 years requesting certificates. - Agencies want to confirm that upgrades and alterations on properties were done correctly. 12 The Assessment Department • Assessor • Real Property Analyst • Real Property Appraiser • Data Collector • Real Property Clerk 13  Assessment Calendar 2023 (Date(s) may vary by municipality) • Valuation Date – July 1, 2022 • Early Declaration of Equalization Rate and Level of Assessment – February 2023 • Taxable Status Date – March 1, 2023 • Tentative Assessment Roll – May 1, 2023 • Grievance Period – May 1, 2023 through May 23, 2023 (Grievance Day) • Final Assessment Roll – July 1, 2023 • School Tax Roll – July 2023 • City Tax Roll – December 2023 14  Assessed Value and Equalization • Level of assessment (LOA) and equalization rate • 2013 – 108 % • 2014 – 123% • 2015 – 121% • 2016 – 122% • 2017 – 118% • 2018 – 111% • 2019 – 105% • 2020 – 100% • 2021 – 90.70% • 2022 – 82% • 2023 – 79% • Assessed value versus market value • Assessed value and tax levy 15  Assessment Process and Equity • Permitting process • Public request for inspection • Informal meeting request • Valuation of real property and change of value letters • Correction of Errors • Administrative Review • Judicial Review 16  Wrap-up and Questions • Both the Assessment and Building Departments would like to invite City Council members to participate in a ride along with employees in the field to better understand our process and the kinds of issues we face in the field. • Questions or comments? 17  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, April 03, 2023 From: John Polimeni Subject A RESOLUTION Recognizing St. Adalbert's 120th Anniversary Background Info: Resolution was passed on March 27, 2023 and will be accepted during the Council Meeting on April 10, 2023. Evaluation/Analysis Recommendation Friday, March 31, 2023 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, April 03, 2023 From: John Mootooveren Subject Reminder - 2023-2024 Proposed HUD Annual Action Plan (PH on 04-10-23) Background Info: Public hearing will be held on April 10, 2023. Evaluation/Analysis Recommendation Friday, March 31, 2023 35  CITY OF SCHENECTADY 2023 CONSOLIDATED PLAN SUMMARY Budgetary allocations are subject to change based on final HUD Allocations FUNDING Community Development Block Grant (CDBG) New Fiscal Year $ 2,000,000.00 Program Income $ - TOTAL $ 2,000,000.00 Emergency Solutions Grant (ESG) $ 190,000.00 TOTAL $ 190,000.00 HOME Investment Partnerships (HOME) New Fiscal Year $ 1,150,000.00 Program Income $ - TOTAL $ 1,150,000.00 TOTAL AVAILABLE FUNDING $ 3,340,000.00 CATEGORY ALLOCATIONS Emergency Solutions Activities…...… $ 176,000.00 $ 176,000.00 from ESG Housing Assistance Activities……………… $ 1,293,000.00 $ 1,093,000.00 from HOME $ 200,000.00 from CDBG Public Service Activities……...………..… $ 369,500.00 from CDBG Public Works Activities……………………. $ 1,030,500.00 from CDBG Administration…………………………… $ 471,000.00 $ 57,000.00 from HOME $ 400,000.00 from CDBG $ 14,000.00 from ESG TOTAL: …………………………………. $3,340,000.00 36  2023 EMERGENCY SOLUTIONS GRANT ALLOCATIONS = $176,000.00 Organization Project Description Funding Source Requested Funding 2023 Proposed Plan 2022 Final Plan Funds will be used for salaries/fringes and non personnel costs Homeless Housing and providing intake, assessment, referral, follow-up case management, and Bethesda House Inc. ESG $ 65,000 $ 45,000.00 $ 45,695.00 Eviction Prevention Program assertive outreach services to secure permanent housing, regain housing, or maintain housing for the homeless population citywide. Funds will be used for salaries/fringes and non personnel costs for the Bethesda House Inc. Day Program Drop-In Center Day Program Drop-In Center, providing comprehensive services to the ESG $ 35,000 $ 22,250.00 $ 22,600.00 homeless, disabled and disadvantaged populations citywide. Funds will be used to provide administrative/personnel costs and Homeless Management and CARES, Inc. software licenses for the HUD mandated Homeless Management and ESG $ 30,000.00 $ 20,250.00 $ 19,690.00 Information System (HMIS) Information System (HMIS). Funds will be used for salaries/fringes of the House Manager and Street Outreach Worker and rent and utilities for Safe House, a temporary Safe, Inc. Safe House ESG $ 50,000.00 $ 33,500.00 $ 32,570.00 emergency shelter for runaway and homeless youths 16-20 years old, primarily serving the Hamilton Hill/Central State Street neighborhoods. Funds will be used for personnel program delivery costs of counselors Schenectady Community Action Homeless Prevention and and attorneys providing for court advocacy, legal assistance, rapid re- ESG $ 90,000.00 $ 55,000.00 $ 57,310.00 Program, Inc. (SCAP) Rapid Re-Housing Program housing and tenant/landlord services. Page Total $270,000.00 $176,000.00 $177,865.00 37  2023 HOUSING ASSISTANCE ALLOCATIONS = $1,293,000.00 Organization Project Description Funding Source Requested Funding 2023 Proposed Plan 2022 Final Plan Better Comunity Neighborhood Homeowner Occupied Housing Funds will be used to assist ten (10) income eligible homeowners with CDBG $ 480,000.00 $ 200,000.00 $ 200,000.00 Inc. (BCNI) Rehabilitation housing rehabilitation services, particulary code violations. Funds will be used for salaries/fringes and nonpersonnel costs in support Better Community Administrative/ Operating Costs of BNI's housing programs including housing rehabilitation, in the Hamilton HOME $ 80,000.00 $ 25,000.00 $ 27,716.55 Neighborhoods, Inc. (BCNI) Hill neighborhood. Habitat of Humanity of Habitat Single Family Homes Funds will be used to build two single family homes in Schenectady HOME $ 330,000.00 $ 75,000.00 $ 330,000.00 Schenectady Funds will be used to provide closing or down payment assistance to a Better Community Second Mortgage Program maximum of 10% of the purchase price for an owner-occupied house for HOME $ 100,000.00 $ 100,000.00 $ 111,870.00 Neighborhoods, Inc. (BCNI) low and moderate income persons, citywide. Tenant Based Rental Assistance Funds will provide tenant-based rental assistance and security deposits to Bethesda House Inc. HOME $ 78,500.00 $ 75,000.00 $ 61,530.00 Program resident families of the City of Schenectady. Capital Improvements for 1103 Funds will be used for Capital improvements to increase accessibility in Wildwood Programs, Inc. HOME $ 30,000.00 $ 30,000.00 - Waverly Place residential group home supporting people with disabilities. Funds will be used for demolition, rehabilition or construction of Rehabilitaion, new construction or Department of Development approximately six (6) blighted and abandoned properties or lots HOME $ 300,000.00 $ 213,000.00 $ 223,964.60 demolition, of houses throughout the city. Funds Obligated to the City of Troy as per the HOME Consortium City of Troy Constortium Agreement HOME $ 460,000.00 $ 460,000.00 $ 472,103.60 Agreement Funds Obligated to the Town of Colonie as per the HOME Consortium Town of Colonie Constortium Agreement HOME $ 115,000.00 $ 115,000.00 $ 118,025.90 Agreement Page Total $ 1,493,500 $ 1,293,000 $ 1,345,210.65 38  2023 NRSA PUBLIC SERVICE ALLOCATIONS- $84,500.00 Funding Organization Project Description Requested Funding 2023 Proposed Plan 2022 Final Plan Source Funds will be used for personnel costs for a Homebuyer Education and Foreclosure Prevention Program, providing pre-purchase and default housing counseling, intervention Better Community Homebuyer Education and Foreclosure and assistance to low and moderate income potential homebuyers/homeowners in CDBG $ 50,000.00 $ 37,500.00 $ 37,690.00 Neighborhoods, Inc Prevention Program maintaining decent affordable housing, primarily serving the Hamilton Hill and Central State Street neighborhoods. Funds will be used to pair artisan makers with workforce development programs to train workers in Albany Barn Inc. Workforce Development CDBG $ 26,000.00 $ 15,000.00 $ 18,840.00 creative trades. Funds will be used for personnel and nonpersonnel costs for Project ArtReach, providing Hamilton Hill Drop-In Arts & Crafts Project Center ArtReach educational and cultural programming for primarily low and moderate income youth in the CDBG $ 40,000.00 $ 32,000.00 $ 32,980.00 Hamilton Hill neighborhood. Page Total $ 66,000.00 $ 84,500.00 $ 89,510.00 39  2023 PUBLIC SERVICE ALLOCATIONS = $285,000.00 Organization Project Description Funding Source Requested Funding 2023 Proposed Plan 2022 Final Plan Funds will be used for Jerry Burrell Park summer programming including day and night programs YMCA Jerry Burrell Drop-In Summer Program CDBG $ 30,385.00 $ 18,000.00 $ 18,846.00 consisting of arts and crafts, fitness, nutrition, swimming lessons, sports and education. Capital District Center for Funds will be used to support the CDCI effort to support individuals with disabilities with the services Disibilities Support Services CDBG $ 20,405.00 $ 5,000.00 $ 4,715.00 Independence they need to maintain independent and self-sufficient lives. Ancient Order of Hibernians John F Funds will be used to pay for the Schenectady Senior Center which will provide lunch, educational Schenectady Senior Center CDBG $ 48,850.00 $ 20,000.00 $ 18,846.00 Kennedy Division and recreational activities to Seniors within the City of Schenectady. Funds will be used for personnel and nonpersonnel costs for a park program providing families and Quackenbush Park, Hillhurst and Boys and Girls Club of Schenectady youths with increased opportunities including sports programs, swimming lessons, arts and crafts, Steinmetz Parks Recreational and CDBG $ 147,741.00 $ 100,000.00 $ 94,230.00 Inc. nutrition education, prevention education, family programs and special events at Quackenbush, Educational Enrichment program Hillhurst and Steinmetz Parks. Schenectady Community Action Funds will be used to provide a full-time presence at the new Mt. Pleasant Library to asisit residence Mt. Pleasant Outreach CDBG $ 30,000.00 $ 15,000.00 $ 14,134.00 Program Inc. to navigate various social services resources available to low and moderate income residence. Funds will be used to provide an introductory Craft Skills & Employment Training programs that will specifically designed to provide this training to those who are unemployed, dislocated or Affirmative Action Office Empowerment Center CDBG $ 174,000.00 $ 20,000.00 $ 37,690.00 disadvantaged,this program will qualify them for entry-level employment in the construction industry. Schenectady Youth Boxing & Fitness The funds will be utilized to provide support to a coalition of small, non-profits organizations Schenectady Youth Coalition CDBG $ 204,120.00 $ 95,000.00 $ 94,230.00 Inc. currently providing services and support to youth within the City of Schenectady. Schenectady Inner City Ministry Making Food Available Funds will be utilized toaddress food insecurity through Moble Pantries and Home food deliveries CDBG $ 75,000.00 $ 7,000.00 $ - Schenectady Hindu Temple and Guyanese Communtiy Center Youth Funds will be used to host after school youth programming at the Guyanese Community Center CDBG $ 50,000.00 $ 5,000.00 $ - Community Services Programming Page Total $ 780,501.00 $ 285,000.00 $ 282,691.00 40  2023 PUBLIC WORKS ALLOCATIONS = 1,030,500.00 Requested 2023 Proposed Organization Project Description Funding Source 2022 Final Plan Funding Plan Funds will be used for personnel and nonpersonnel costs for code Code Enforcement Program Delivery CDBG $ 100,000.00 $ 100,000.00 $ 100,000.00 enforcement activities in low and moderate income neighborhoods. Funds will be used for the rehabilitation or reconstruction of approximately Street Rehabilitation and one (1) mile of CDBG eligible streets and include ADA improvements required Engineering Department Facilities Improvement CDBG $ 400,000.00 $ 250,000.00 $ 250,000.00 under Federal Law and where specified by the City in various CDBG target Program areas. Funds will be utilized for upgrades to City Parks including, Jerry Burrell, Engineering Department Park Improvements CDBG $ 300,000.00 $ 369,500.00 $ 300,000.00 Steinmentz and other city parks as needed. Funds will be used for personnel and nonpersonnel costs in support of SNAP Schenectady Neighborhood and property management activities, providing for the stablization of in-rem Office of General Services CDBG $ 330,000.00 $ 100,000.00 $ 100,000.00 Assistance Program (SNAP) properties taken through foreclosure to stop deterioration and retain marketability. Funds will be used for the partial repayment of the Section 108 Loan Property Section 108 Loan Guarantee Program Guarantee Program's principal and interest for property acquisition and CDBG $ 56,000.00 $ 56,000.00 $ 56,000.00 Acquisition/Demolition demolition for the removal of citywide blighting conditions. Youth Streetscape Funds will be used to provide job training to youth through streetscape City of Schenectady CDBG $ 40,000.00 $ 75,000.00 $ 30,000.00 Beautification Program beautification projects in the NRSA and Mt. Pleasant Neighborhoods. Building improvements to Funds will be used to fix for structural repairs and necessary improvements to Safe House Inc. CDBG $ 30,000.00 $ 30,000.00 $ - McIntosh House residential spaces Health and Safety Funds will be used fornecessary upgrades to the Fire Suppression System, fire YWCA of Northeast New York Improvements to YWCA CDBG $ 171,690.00 $ 50,000.00 $ - door and improvements to the residential rooms Main Campus Page Total $ 1,226,000.00 $ 1,030,500.00 $ 836,000.00 41  2023 ADMINISTRATION ALLOCATION = $471,000.00 Organization Project Description Funding Source 2023 Proposed Plan 2022 Final Plan Funds will be used for oversight, management, monitoring and CDBG $ 335,000.00 $ 353,003.40 Department of coordination of the CDBG, ESG and HOME programs. Administration Costs Development Salaries/Benefits = $330,000 (CDBG) + $57,000 (HOME) + $14,000 HOME $ 57,000.00 (ESG). Nonpersonnel Costs = $5,000 (CDBG). $ 59,012.95 ESG $ 14,000.00 $ 13,605.00 Department of Administration and Funds will be used for administrative and program delivery costs CDBG $ 25,000.00 $ 25,000.00 Finance Program Delivery associated with Consolidated Plan activities. Affirmative Department of Action/Minority Funds will be used for affirmative action, minority recruitment and CDBG $ 40,000.00 $ 40,000.00 Finance Recruitment/ Contract contract compliance activities serving the City of Schenetady. Compliance Page Total $ 471,000.00 $ 490,621.35 42  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: April 3, 2023 TO: City Council FROM: Mayor Gary McCarthy SUBJECT: Requesting State Legislation Requiring Compliance with City Code related to Rental Residential Property Registration for Eviction Proceedings Background Information: The Schenectady City Code prohibits the owner of a rental unit to allow occupancy unless the rental unit has a valid rental certificate or a temporary rental certificate. A rental unit is a residential unit occupied by a party other than an owner. In order to obtain a rental certificate, the owner must submit an application and the unit must pass an inspection to ensure the unit is code compliant, passing periodic health and safety inspections. Enforcement of this section of the City Code is challenging since it is difficult for the City’s code enforcement officers to determine when a residential unit is occupied by someone other than the owner. In addition, many times, tenants of rental units may withhold rent in order to get their landlords to remediate unsafe conditions. This may lead to landlords seeking eviction orders from City Court. As of March 27, 2023, there were 197 active eviction cases in Schenectady City Court. In order to better enforce the rental certificate provisions of the City Code and thus protect renters by ensuring that their housing is safe, the Mayor is seeking City Council support to request that the State enact a law identical to that which it passed for Albany. New York State Real Property Actions and Proceedings Law Section 741 states that a petition seeking eviction of a tenant must include, among other things, “[i]n the city of Albany, where the premises from which removal is sought is subject to a local law requiring the registration of said premises as a condition of legal rental, allege proof of compliance with such local law.” In other words, in Albany, landlords must comply with any registration requirement as a condition of legal rental in order to evict a tenant. Similar legislation specific to the City of Schenectady will support compliance with the City Code for landlord registration and rental certificates, thus better protecting tenants from unsafe and unhealthy living conditions. 43 Evaluation/Analysis: This legislation has no financial impact on the City of Schenectady. This request for state legislation will support Schenectady’s residential tenants. Recommendation: It is recommended that the City Council approve this legislative request seeking a resolution requesting that New York State enact a law stating that a petition for the removal of a tenant must include that in the City of Schenectady, where the premises from which removal is sought is subject to a local law requiring the registration of said premises as a condition of legal rental, allege proof of compliance with such local law. LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________ 44 3/30/23, 9:34 AM Laws of New York As of 03/27/2023 12:06PM, the Laws database is current through 2023 Chapters 1-49, 61-119 Real Property Actions and Proceedings § 741. Contents of petition. The petition shall be verified by the person authorized by section seven hundred twenty-one to maintain the proceeding; or by a legal representative, attorney or agent of such person pursuant to subdivision (d) of section thirty hundred twenty of the civil practice law and rules. An attorney of such person may verify the petition on information and belief notwithstanding the fact that such person is in the county where the attorney has his office. Every petition shall: 1. State the interest of the petitioner in the premises from which removal is sought. 2. State the respondent's interest in the premises and his relationship to petitioner with regard thereto. 3. Describe the premises from which removal is sought. 4. State the facts upon which the special proceeding is based. 5. State the relief sought. The relief may include a judgment for rent due, and for a period of occupancy during which no rent is due, for the fair value of use and occupancy of the premises if the notice of petition contains a notice that a demand for such a judgment has been made. 6. In the city of Albany, where the premises from which removal is sought is subject to a local law requiring the registration of said premises as a condition of legal rental, allege proof of compliance with such local law. 45 public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: 1/1  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Monday, April 03, 2023 From: Carl Williams Subject Amending Section 186-16 of the Schenectady City Code Regarding Smoking in City Parks (PH was held on 03-13-2023) Background Info: Public hearing was held on March 13, 2023. Evaluation/Analysis Recommendation Friday, March 31, 2023 46 To: Members of the Schenectady City Council Re: Amending ss186-16 of the City Code Regarding Fires & Smoking in City Parks Date: March 9, 2023 I am offering public comment on behalf of Capital District Tobacco-Free Communities (CDTFC), a program funded by the NYS Department of Health to promote tobacco-free living in Albany, Schenectady and Rensselaer Counties. Our program has three primary goals: 1) reduce tobacco use overall; 2) prevent youth initiation; and 3) protect people from exposure to secondhand smoke. My comments are focused on the benefits of prohibiting smoking and vaping of both tobacco and cannabis on City of Schenectady property. I was working at CDTFC when Schenectady first adopted a tobacco-free policy in 2010 for city park pavilions, fields and playgrounds and in 2012 when the policy was expanded to prohibit the smoking of tobacco products in all areas of city parks. A recent NYS Law, effective October 13, 2022, prohibits the smoking of tobacco and cannabis in all public parks, including Schenectady City parks. And that’s a good thing. Eliminating smoking in parks keeps the air healthy, prevents toxic litter from harming people, animals, and the environment, and increases accessibility to people with health conditions such as asthma. This new state law, however, does not prohibit vaping of either tobacco or cannabis in public parks. This omission threatens to undermine the progress made to protect people from harmful exposure to secondhand smoke and efforts to reduce youth smoking and vaping. Electronic cigarette use has proliferated, most notably among high school aged youth, prompting the US Surgeon General to pronounce it an epidemic and prompting NYS to eliminate the sale of the flavored e-cigarettes containing nicotine that were so appealing to young people. Vaping cannabis is also becoming increasingly popular among cannabis users. Many of the benefits for prohibiting vaping of nicotine and cannabis are the same as those for prohibiting smoking. The aerosol emissions from electronic vape devices (whether used for cannabis or nicotine) contain hundreds of harmful chemicals and particulates similar to those found in secondhand tobacco and cannabis smoke, including many found to cause cancer in humans. Tobacco and cannabis use in shared public places that are designed to be family-friendly also undermines efforts to prevent youth smoking and vaping. The more smoking and vaping kids see, the more likely they are to perceive it as normal, and the more likely they are to start. 47 But the health benefits aren't just for people. . . pets, wildlife and the environment benefit, too. It's well- established that cigarette butts are toxic to animals, people and the environment and that they aren't biodegradable. But e-cigarette waste may pose an even greater danger. The devices themselves contain lithium batteries. The disposable devices and the pods used in reusable devices, contain remnants of highly concentrated liquid nicotine or THC, both of which pose a significant danger and they've become a significant litter problem in public spaces. Smoke- and vape-free policies that restrict the use of all products which can be smoked and all products that can be vaped are the most beneficial to public health, to environmental protection, and also help to firmly establish a tobacco-free norm that reduces youth tobacco use. There are significant benefits to prohibiting the smoking and vaping of tobacco and cannabis on ALL municipal property including, but not limited to, parks. Local governments have a special responsibility to make public services and programs accessible to all members of the community, including those with health conditions that can be exacerbated by exposure to secondhand smoke and e-cigarette emissions. Over the years, our office has fielded many calls from city residents whose access to public services was impeded by the presence of secondhand smoke near city buildings and entryways. CDTFC can provide information and technical assistance on policy implementation, including community education to maximize compliance, and free custom signage to help communicate the policy. Local municipalities can also get support from the Public Health Law Center which is contracted by the NYS Department of Health to provide law and policy expertise related to commercial tobacco control. All these services are funded by the State of NY tobacco control program and are free to local governments. The legalization of recreational marijuana can coexist with the public health goal of protecting people from the harmful effects of exposure to secondhand smoke and vape emissions and preventing youth smoking and vaping. Local policies can be helpful to ensure that the progress made toward establishing tobacco-free norms is protected and strengthened. Thank you for your consideration of a policy that will make Schenectady parks even healthier for all to enjoy. Respectfully submitted, Theresa Zubretsky Capital District Tobacco-Free Communities 48 Samanta R. Mykoo From: Michelle Davis Sent: Monday, March 13, 2023 12:41 PM To: Samanta R. Mykoo Subject: FW: Online Form Submittal: Department Contact Form Hello Sam, I received this email about the cannabis ban in parks. I want to forward it on since there was a public hearing and people have been sending in their feedback via email. Thank you, Michelle From: noreply@civicplus.com <noreply@civicplus.com> Sent: Monday, March 13, 2023 12:34 PM To: Mayors Office <MOffice@schenectadyny.gov>; Alex Sutherland Subject: Online Form Submittal: Department Contact Form Department Contact Form Department to Contact Mayor's Office First Name Randall Last Name Roeser Address 1: City Schenectady State NY Zip Code 12309 Email Telephone Comments Dear Mayor McCarthy: My wife and I were thrilled to read that the City Council will be considering a ban on cannabis smoking in city parks. Our decision to move to Schenectady from the suburbs in 2008 was based in part on our desire to live near Central Park. We recreate in the park almost daily — walking, jogging, biking, birding, enjoying the Rose Garden, attending Music Haven concerts, taking our granddaughter to the tot lot, even playing 1 49  bocce! Even before the state legalized cannabis use, people smoked in their cars in the park, especially in the parking lot between the Duck Pond and Diamond B. Since legalization, the smell of cannabis has become more prevalent throughout the park. We now find ourselves taking detours to avoid passing close to any parked vehicle; even so, it is a rare outing when our enjoyment of the park isn’t marred by having to inhale pungent pot smoke. We think you’ll agree that parks, especially in cities, should be places where people can go to enjoy nature and breathe fresh air. The city already bans cigarettes and other smoking products in the parks. Cannabis should be added to the list. We hope we can count on you to support the ban. And if the ban is approved, we urge the city to take actions to educate the public about the new rule and, especially in the first weeks and months, to enforce it. Sincerely, Randall Roeser Keep up to date Receive important updates from the City of Schenectady Email not displaying correctly? View it in your browser. 2 50  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Monday, April 03, 2023 From: Carl Williams Subject Reminder - Amending the Schenectady City Code to Add Provisions Relating to the Use of School Bus Stop Arm Cameras (PH on 04-10-23) Background Info: Public hearing will be held on April 10, 2023. Evaluation/Analysis Recommendation Friday, March 31, 2023 51 City of Schenectady School Bus Stop Arm Demonstration Program Code of Law (INSERT SECTION) Definitions: SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM A device that is capable of operating independently of an enforcement officer which is installed to work in conjunction with a school bus stop-arm and which automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of a vehicle at the time it is used or operated in violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law. Code of Law § 265-__ Program established. A. There is hereby established, pursuant to § 1174-a of the New York State Vehicle and Traffic Law, a demonstration program imposing monetary liability on owners of vehicles for failure of the operators thereof to comply with § 1174 of the New York State Vehicle and Traffic Law when meeting a school bus marked and equipped as provided in Subdivisions 20 and 21-c of § 375 of the New York State Vehicle and Traffic Law in the City of Schenectady. B. To carry out the demonstration program, the City is authorized to enter into an agreement with the City of Schenectady school district for the installation, maintenance, and use of school bus photo violation monitoring systems as well as proper handling and custody of data received by the school bus cameras, subject to the provisions of § 1174-a of the New York Vehicle and Traffic Law. Once the school district has entered into an agreement with the City, cameras shall be installed on school buses owned or operated by that school district or privately owned and operated for compensation under a contract with such school district. C. Cost of program and reports relating thereto. (1) The total cost to the school district of the installation, maintenance and use of school bus photo violation monitoring systems pursuant to an agreement authorized by this local law shall be borne entirely by the City. (2) The school district shall provide any report required of the district, pursuant to § 1174-a of the Vehicle and Traffic Law, to the State or any official thereof. 52 (3) To the extent that the City shall be required to issue any report to the state or any official thereof as a result of the adoption of this article and/or § 1174-a of the Vehicle and Traffic Law, the City shall cause the same to be prepared pursuant to this article or applicable state law. D. Pursuant to § 1174-a (a)(3)(i) of the Vehicle and Traffic Law, any school district participating in the demonstration program shall be prohibited from accessing any photographs, microphotographs, videotapes, other recorded images and data from school bus photo violation monitoring systems but shall provide, pursuant to the agreement with the City, as provided in this article, for the proper handling and custody of such photographs, microphotographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the City for the purpose of determining whether a motor vehicle was operated in violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law and imposing monetary liability on the owner of such motor vehicle therefor. E. The agreement between the City and the school district shall provide that photographs, microphotographs, videotapes, other recorded images and data produced by school bus photo violation monitoring systems shall be destroyed (a) 90 days after the date of the alleged imposition of liability if a notice of liability is not issued for such alleged imposition of liability pursuant to this article or (b) upon final disposition of a notice of liability issued pursuant to this article. F. The City shall adopt and enforce measures to protect the privacy of drivers, passengers, pedestrians and cyclists whose identity and identifying information may be captured by a school bus photo monitoring device. Such measures shall include: (1) Utilization of necessary technologies to ensure, to the extent practicable, that photographs produced by such school photo violation monitoring systems shall not include images that identify the driver, the passengers, the contents of the vehicle, pedestrians and cyclists; provided, however, that no notice of liability issued pursuant to this section shall be dismissed solely because a photograph or photographs allow for the identification of the contents of a vehicle, provided that the City has made a reasonable effort to comply with the provisions of this subsection; (2) A prohibition of the use or dissemination of vehicles' license plate information and other information and images captured by school bus photo violation monitoring systems except: (a) as 53 required to establish liability under this section or collect payment of penalties; (b) as required by court order; or (c) as otherwise required by law; (3) Oversight procedures to ensure compliance with the privacy protection measures required herein. G. The City shall also undertake the installation of signage in conformance with standards established in the Manual of Uniform Traffic Control Devices. Such signage shall be installed at each roadway entrance of the jurisdictional boundaries of the City giving notice that school bus photo violation monitoring systems are used to enforce restrictions on vehicles violating § 1174 of the New York Vehicle and Traffic Law. For the purposes of this subsection, the term "roadway" shall not include state expressway routes or state interstate routes but shall include controlled- access highway exit ramps that enter the boundaries of the City. § 265-_ Penalties for offenses. An owner liable for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article shall be liable for monetary penalties in accordance with the following schedule of fines and penalties: A. $250 for a first violation; B. $275 for a second violation committed within 18 months of the first violation; C. $300 for a third violation or subsequent violation all of which were committed within 18 months from the first violation; and D. An additional penalty of $25 for each violation for the failure to respond to a notice of liability within the prescribed time period. E. An imposition of liability under this article shall not be deemed a conviction and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. F. All fines and penalties collected pursuant to this article shall be deposited with the City of Schenectady Finance Department. 54 § 265-_ Notice of liability. A. A notice of liability shall be sent as provided by state law by first-class mail to each person alleged to be liable as an owner for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law. Personal delivery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein. To the extent that state law does not preclude the City from causing such mailing to be made, the City shall undertake or cause to be undertaken such mailing. B. A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and the identification number of the camera which recorded the violation or other document locator number. C. (i) A notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon. (ii) The notice of liability may contain such other information as the entity causing such notice of liability to be mailed deems appropriate to communicate the law, the adjudicatory process if the addressee of the notice wishes to contest the notice of liability. § 265-_Owner liability. A. The owner of a vehicle shall be liable for a penalty imposed pursuant to this article if such vehicle was used or operated with the permission of the owner, express or implied, in violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law and such violation is evidenced by information obtained from a school bus photo violation monitoring system; provided, however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this article where the operator of such vehicle has been convicted of the underlying violation of Subdivision (a) of § 1174 of the New York State Vehicle and Traffic Law. For purpose of (i) this section; and (ii) this article, there shall be a presumption that such vehicle was used and operated with the consent of the owner at the time it was used and operated in violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law. 55 B. If the owner receives a notice of liability pursuant to this article for any time period during which the vehicle was reported to the police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For purposes of asserting the defense provided by this subsection, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent or delivered to a court of competent jurisdiction or parking violations bureau having jurisdiction where any contested notice of liability would otherwise be determined. C. An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to this article shall not be liable for the violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law, provided that he or she complies with the provisions of § 1174-a of the New York Vehicle and Traffic Law and otherwise sends to the Court of competent jurisdiction, or other adjudicatory bureau or agency of competent jurisdiction, a copy of the rental, lease or other such contract document covering such vehicle on the date of the violation, with the name and address of the lessee clearly legible, within 37 days after receiving notice from the agency or entity which caused such notice of liability to be issued, together with the information contained in the original notice of liability. Failure to send such information within thirty-seven-day time period shall render the owner liable for the penalty prescribed by this article. Where the lessor complies with the provisions of this subsection, the lessee of such vehicle for purposes of this section, shall be deemed to be the owner of such vehicle on the date of such violation for the purposes of this section, shall be subject to liability for the violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article and shall be sent a notice of liability pursuant to § 275-6 of this article. D. A certificate, sworn to or affirmed by a technician employed by the City, or a facsimile thereof, upon inspection of photographs, microphotographs, videotapes, other recorded images produced by a school bus photo violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotapes, other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation. E. It shall be a defense to any prosecution for or allegation of a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article that such school bus stop-arms were malfunctioning at the time of the alleged violation. 56 § 265-_ Adjudication of liability. Liability pursuant to the demonstration program established hereunder shall be imposed upon owners by the Court of competent jurisdiction in the City of Schenectady or in another manner pursuant to the New York State Vehicle and Traffic Law. § 265-_ Action for indemnification. If the owner held liable for a violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this article was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. § 265-_ Reporting requirements. A. The City shall develop and cause to be submitted an annual report on the results of the use of a school bus photo violation monitoring system to the Governor, the temporary president of the Senate and the speaker of the Assembly on or before June 1 of each year in which the demonstration program is operable. Such report shall include any information required by § 1174-a(m) of the New York Vehicle and Traffic Law to be included as a result of the enactment of this article. B. Pursuant to the requirements of § 1174-a of the New York State Vehicle and Traffic Law, courts, bureaus, and agencies conducting adjudications as a result of this article shall report at least annually to the City on the quality of the adjudication process and its results including the total number of hearings scheduled, rescheduled, and held; the total number of persons scheduled for such hearings; the total number of cases where fines were paid on or before the hearing date; and the total number of default judgments entered. § 265-_ Severability. If any clause, sentence, paragraph, subdivision, section, or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this article, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. § 265-_ When effective. This article shall take effect immediately upon full compliance with all the requisite statutes and laws applicable to its adoption and promulgation. 57 58 59 60 61 62