City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, November 04, 2024 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 FY2024 State Homeland Security Grant Program Eric Clifford Review – Amending Section 248-11 of Chapter 248, Article II of the Schenectady City Code to Carl Williams add a new paragraph N. The City of Schenectady wishes to address traffic safety by installing 2 traffic calming measures on City streets to reduce speeds on designated public streets as identified by the City Engineer and the Schenectady City Council (PH was on 10-28-2024) Finance Review - An Ordinance to Amend Section 138-2(C), of Article I; 138-23(B), of Article IV; 138- John Mootooveren 43(B) of Article VIII; 138-84(H), of Article XV of Chapter 138; 151-9(A), of Article II; 1 159-9(E), of Article II of Chapter 151; 167-14(D), of Article II of Chapter 167; 183-10, of Article II of Chapter 183; 210-14(A), of Article III of Chapter 210 of the Schenectady City Code (PH was on 10-28-2024) Review - A Resolution Amending the Building Codes Fee Schedule as Authorized by Section John Mootooveren 2 137-17 of Chapter 137 of the Schenectady City Code and Sections 138-21 and 138-11.1 Article IV, of Chapter 138 of the Schenectady City Code (PH was on 10-28-2024) Review – Amending Sections 124-13 and 124-22 of the Schenectady City Code Increasing John Mootooveren 3 Administrative Fees Regarding False Alarm Calls (PH was on 10-15-2024) Reminder – PH to Amend Sections of Chapter 161 of the Schenectady City Code to Include John Mootooveren 4 Specific Fees for the Collection of Solid Waste Items and the Requirements for Collection (PH will be on 11-12-2024) Reminder – PH for a RESTORE New York Grant Application for the Former St. Clare’s Gary McCarthy 5 Hospital, 600 McClellan Street (PH will be on 11-12-2024) City Development & Planning 1 Appointment of Philip Kaufman to the Golf Advisory Committee Gary R. McCarthy Review – Establishing a Temporary Moratorium Until February 1, 2025, on the Submission on Marion Porterfield 2 Processing of Building Permits, Certificates of Occupancy, Certificates of Use and Land Use Approvals of Cannabis Establishments within the City (PH was on October 28, 2024) Claims 1 1710 Eastern Parkway / Payment of Back Taxes Maxine Barasch 1  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: October 31, 2024 TO: COUNCILMEMBERS FROM: Chief Eric Clifford SUBJECT: FY2024 State Homeland Security Grant Program (SHSP) TO BE PLACED ON COUNCIL AGENDA OF: November 4th, 2024 Background Information: The NYS Division of Homeland Security and Emergency Services (DHSES) provides funding to municipalities through the State Homeland Security Grant Program (SHSP). The grant application was prepared by the Capital District Urban Area Working Group (UAWG) which represents Albany, Rensselaer, and Schenectady Cities and Counties. The City of Schenectady Police Department is the recipient of a portion of the grant in the amount of $206,046. These funds will be used as follows:  $130,000 will be used for interoperable communications equipment (new radios)  $26,046 for personal protective equipment-2 ballistic shields  $50,000 for a remote controlled robot to be used by our Special Operations Squad. The funding period is 9/1/2024 through 8/31/2027. There is no match required by the City. Recommendation/Action The Police Department recommends acceptance of this Homeland Security grant award. LEGISLATION WILL BE PREPARED BY: Lieutenant Adam Nowicki 2  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Monday, November 04, 2024 From: Carl Williams Subject Review – Amending Section 248-11 of Chapter 248, Article II of the Schenectady City Code to add a new paragraph N. The City of Schenectady wishes to address traffic safety by installing traffic calming measures on City streets to reduce speeds on designated public streets as identified by the City Engineer and the Schenectady City Council (PH was on 10-28-2024) Background Info: Public hearing was held on October 28, 2024. Evaluation/Analysis Recommendation Friday, November 01, 2024 3  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: FT The City Council of the City of Schenectady, in regular meeting convened, ordains as follows: Section 1. Purpose: To amend Section 248-11 of Chapter 248, Article II of the Schenectady City Code to add a new paragraph N. The City of Schenectady wishes to address traffic safety by installing traffic calming measures on City streets to reduce speeds on designated public streets as identified by the City Engineer and the Schenectady City Council and to amend Section 228-19 of the Schenectady City Code to modify the responsibilities between the City Engineer and the Chief Building Inspector on notices for sidewalk repairs and corrections. RA Section 2. Section 248-11Matters under authority of City Engineer. Under the authority of § 1603, Subdivision (a), of the Vehicle and Traffic Law, the City Engineer is authorized to issue rules and regulations pertaining to the following traffic and parking matters: A. Crosswalks, safety zones, traffic lanes, traffic control signals and traffic control devices. (1) The maintenance by appropriate means of crosswalks at intersections and such other places on roadways as he finds necessary to protect pedestrians. D (2) The establishment of safety zones for the protection of pedestrians. (3) The designation of lanes of traffic on street pavements. (4) The installation, removal or relocation of traffic control signals and traffic control devices for expediting traffic movement and promoting traffic safety. B. Turn prohibitions and place markers indicating method of turns. The placement of markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at the intersection. C. Right, left and U-turns. The determination of those intersections at which drivers of vehicles may not make a right, left or U-turn. D. Zones of quiet and play streets. (1) 4 The establishment of permanent zones of quiet in the vicinity of hospitals and similar institutions justifying quiet. (2) The establishment of a temporary zone of quiet upon a street where a person is seriously ill but only if requested so to do by the written statement of at least one registered physician certifying its necessity. The temporary zone of quiet is to embrace all territory within a radius of 200 feet of the building occupied by the person named in the request. (3) The designation of part or all of a street as a play street. E. Loading zones. The designation of passenger zones and freight loading zones and the hours during which the designation is applicable. F. Public carrier stands. The establishment of bus stops, taxicab stands and stands for other passenger common-carrier motor vehicles for the convenience of the public. G. Limited truck traffic. The designation of a street as one on which heavy truck traffic is prohibited either because of the condition of the street or the need to protect the residential character of a neighborhood. H. Certain parking limitations. (1) FT The prohibition or limitation of parking upon that side of a street adjacent to school property, hotels, churches, hospitals, funeral homes or other public or semipublic buildings. (2) The authorization of some form of all-night parking on streets or portions of streets in residential sections of the City where available off-street parking spaces are inadequate. (3) RA The authorization of angle parking on designated streets or portions of streets. (4) The prohibition of stopping, standing or parking of vehicles at designated places. (5) The limitation on the length of time that a vehicle may park in a space for parking. I. Light traffic streets. The designation of streets or portions of streets as light traffic streets and the determination of restrictions on the use of a street so designated. J. Speed regulations. The determination of speed limits on City streets. K. D Through highways. The designation of through highways. L. Pedestrian crossings. The designation of areas or crosswalks not to be used by pedestrians. M. Emergency and experimental regulations. (1) The issuance of temporary regulations to cover emergencies or special conditions. (2) The issuance of temporary rules to regulate traffic or to test traffic control signals or traffic control devices under actual conditions of traffic. No such rule may remain in effect for more than 90 days unless the City Council by resolution approves an extension of the rule for an additional period not exceeding 90 days. N. 1. The City Engineer is authorized to install traffic calming measures on designated public streets upon review of traffic patterns and studies and as identified by the City Council. Such traffic calming devices shall include, but shall not be limited to, traffic speed bumps, speed humps, red light cameras and school zone speed cameras. 5  2. The City Engineer is authorized to issue such regulations and guidance to implement the placement of such traffic calming measures. Such regulations and guidance shall be updated as necessary and provided to the City Council 30 days prior to implementation. Section 3. Section 228-19. Notice requiring sidewalk repair or correction. In case any sidewalk in the City shall, at any time, in the judgment of the [Commissioner of Public Works] City Engineer or the [Assistant City Engineer] Chief Building Inspector, or their designees, require repairing or improving, or shall have been made of improper material, the [Commissioner of[Public Works or the Assistant City Engineer] City Engineer or the Chief Building Inspector, or their designees, shall serve or cause to be served a notice upon the owner of the lot or piece of land in front of which such sidewalk is out of repair or in an unsafe condition or constructed of an improper material, requiring the owner or owners thereof, within 10 days from the service of such notice, to repair or improve or correct such sidewalk so as to make the same in good repair and in a safe condition or of the proper material. Such notice shall be served on such owner personally or by leaving the same at the residence of such owner or owners with a person of suitable age and discretion or by posting the same FT conspicuously on such premises or by mailing the same addressed to such owner or owners at Schenectady, New York. Where there are two or more owners of any such property, service upon one of them shall be sufficient. Section 4. This Ordinance shall take effect immediately. RA Approved as to form: ______November 2024 ____________________ Maxine Barasch, Esq. Corporation Counsel New Language is underlined and highlighted and deleted language is in [brackets]. D 6  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, November 04, 2024 From: Subject Review - An Ordinance to Amend Section 138-2(C), of Article I; 138-23(B), of Article IV; 138-43(B) of Article VIII; 138-84(H), of Article XV of Chapter 138; 151-9(A), of Article II; 159-9(E), of Article II of Chapter 151; 167-14(D), of Article II of Chapter 167; 183-10, of Article II of Chapter 183; 210-14(A), of Article III of Chapter 210 of the Schenectady City Code (PH was on 10- 28-2024) Background Info: Public hearing was held on October 28, 2024. Evaluation/Analysis Recommendation Friday, November 01, 2024 7  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: An Ordinance to Amend Section 138-2(C), of Article I; 138-23(B), of Article IV; 138-43(B) of Article VIII; 138-84(H), of Article XV of Chapter 138; 151-9(A), of Article II; 151-9(E), of Article II of Chapter 151; 167-14(D), of Article II of Chapter 167; 183-10, of Article II of Chapter 183; 210-14(A), of Article III of Chapter 210 of FT the Schenectady City Code. The Council of the City of Schenectady in Regular Meeting convened, ordains as follows: Section 1. Purpose: From time to time, it becomes necessary for the City of Schenectady to review and update fee schedules to reflect current administrative costs. The City Council has reviewed the fee schedules for the Code Enforcement Bureau and finds certain fees need to be amended as set forth below. RA Section 2. The following Sections of the Schenectady City Code are amended as indicated: 138-2(C), of Article I of Chapter 138; 138-23(B), of Article IV of Chapter 138; 138-43(B) of Article VIII of Chapter; 138-84(H), of Article XV of Chapter 138; 151-9(A), of Article II of Chapter 151; 151-9(E), of Article II of Chapter 151; 167-14(D), of Article II of Chapter 167; 183-10, of Article II of Chapter 183; 210-14(A), of Article III of Chapter 210. § 138-2 Penalties for offenses. D A. Failure to comply with the terms of this chapter shall be a violation as defined by the Penal Law of the State of New York and shall be punishable as follows: (1) For a first offense: by a fine of not less than $500 nor more than $1,000. (2) For a second offense of a prior violation of this chapter by the same person(s), firm(s) and/or corporation(s): by a fine of not less than $750 nor more than $1,500 or by a term of imprisonment of not less than five days nor more than 15 days, or by both such fine and imprisonment. (3) For a third offense and any subsequent offenses thereafter of a prior violation of this chapter by the same person(s), firm(s) and/or corporation(s): by a fine of not less than $1,500 nor more than $3,000 or by a term of imprisonment of not less than five days nor more than 15 days, or by both such fine and imprisonment. 8  (4) In the alternative, each violation of this chapter may be punishable by a penalty of not less than $500 nor more than $3,000 to be recovered by the City in a civil action. B. A separate offense shall be deemed committed on each day during or on which noncompliance with the terms of this chapter occurs or continues unabated after the time limit set for abatement of the violation. C. Any person issued a notice of violation pursuant to any provision of this chapter shall be subject to an administrative fee of [$50] $75, and such administrative fee shall be charged against the land upon which the notice of violation was issued as a municipal lien or such administrative fee shall be added to the tax rolls as an assessment or levied as a special tax against said property or recovered in a civil suit against the person to which the notice of violation was issued. § 138-23 Stop orders. FT A. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in RA writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail. B. In addition to a doubling of the fees as required by this chapter, whenever the work which is subject to a fee is commenced prior to the issuance of the appropriate permit, an administrative fee of $500 for residences and a $1000 administrative fee for commercial properties shall be added to the tax roll as an assessment. D § 138-43 Fees. No permit or plumbing and drainage work shall be issued until the fees, as provided herein, are paid by the employing or master plumber or homeowner to the Plumbing Inspector. The Plumbing Inspector shall determine from the plans and specifications the fees required by this chapter using the following charges: A. The fee for application for a commercial plumbing permit shall be $50. B. The fee for application for a residential plumbing permit shall be [$25] $50. C. Where the real property is situated within the City of Schenectady: 1. One-family house or one apartment, one complete bathroom: $20, plus $6 for each fixture. 9  2. Two-family house, two complete bathrooms: $40, plus $6 for each fixture. 3. Toilet rooms in commercial and industrial buildings each: $50, plus $6 for each fixture. 4. Replacement or addition of the following plumbing fixtures: (a) Septic tanks and cesspools: $10. (b) Bar fixtures: $10. (c) Soda fountain fixtures: $10. (d) Air-conditioning units: $10. (e) Oil separator units: $10. (f) Grease traps: $10. (g) Garbage disposal units: $10. (h) Dental cuspidors: $10. (i) Water softeners: $6. (j) Automatic washing machines: $6. (k) Water closets: $6. (l) Lavatories: $6 (m) Bathtubs: $6. (n) Urinals: $6. (o) Sinks: $6. (p) Drinking fountains: $6. (q) Floor drains: $6. (r) Cellar drain: $6. FT RA (s) Hot-water range boilers: $6. (t) Gas hot-water heaters: $6. (u) Electric water heaters: $6. (v) Dishwashers: $6. (w) Roof drains connected to storm sewers: $6 each. D. Penalties. 1. Any person, company or business entity found not in compliance with this chapter shall be subject to immediate revocation of permit privileges for the job being performed and D suspension of all future work privileges until the job is brought into compliance, a stop-work order, recovery of cost of materials, labor and inspection fees at prevailing rates and forfeiture of any permit fee and/or deposit. 2. Failure to comply with the terms of this chapter shall be a violation as defined by the Penal Law of the State of New York and shall be punishable by a fine not exceeding $1,000 or imprisonment not exceeding 15 days for each day of violation, or by both such fine and imprisonment, or by a penalty of not less than $350 nor more than $1,000 for each day of violation to be recovered by the City in a civil action. 10  3. A separate offense shall be deemed committed on each day during or on which noncompliance with the terms of this chapter occurs or continues unabated after the time limit set for abatement of the violation. 4. Any person issued a notice of violation pursuant to any provision of this chapter shall be subject to an administrative fee of [$50,] $75 and such administrative fee shall be charged against the land upon which the notice of violation was issued as a municipal lien or such administrative fee shall be added to the tax rolls as an assessment or levied as a special tax against said property or recovered in a civil suit against the person to which the notice of violation was issued. § 138-84 Fee schedule for permits and inspections. The fee schedule for electrical permits and inspections is as follows: A. Existing residential service: 1. Electrical service fee: (a) One-family: $75. (b) Two-family: $85. (c) Three-family: $95. (d) Four-family: $105. 2. Electrical permit: $50. 3. Inspection fee, per unit: FT RA (a) One-family: $50. (b) Two-family: $100. (c) Three-family: $150. (d) Four-family: $200. B. New residential buildings up to four units; permit inspection and service included: 1. One-family: $175. 2. Two-family: $235. 3. Three-family: $295. 4. Four-family: $355. D C. New commercial, new residential over four units and new mixed occupancy: 1. Permit fee: $300. 2. Inspection fee: $175 plus 1% of electrical contract. D. Existing commercial, residential over four units and mixed occupancy: 1. Permit fee: $75. 2. Inspection fee: $75 plus 1% of electrical contract. E. Power reconnect inspection fee/per meter: $75; each additional meter: $25. 11  F. Fire alarm systems, permit and inspection fee: $100 plus 1% of alarm contract. G. All fees as required by this section shall be doubled whenever the work which is subject to a fee is commenced prior to the issuance of the appropriate permit. H. Reinspection fee. The permit and inspection fees hereinabove set forth entitle a contractor or the homeowner to one initial inspection and one inspection of the final work. If, for any reason, the Inspector is required to make additional inspections, an additional fee of [$25] $50 for each additional inspection shall be charged to and paid by the contractor or the homeowner. § 151-9 Deposit required. A. At the same time a permit required by this article is obtained; the owner or contractor shall pay to FT the Director of Finance the sum of [$250] $300 for a permit fee to cover the cost of inspection. Said amount of money deposited with the Director of Finance as hereinbefore provided shall be added to the item of street repairs in the subdivision of the annual budget of the Department of Engineering and Public Works. B. At the time a licensed plumber, plumbing contractor or plumbing contracting company applies for a permit required by this article; if work is required within a City right-of-way, said party will be required to apply for the appropriate permit in the Department of Engineering, and said party may be required, at the discretion of the Department of Engineering, to post a performance bond RA or cash deposit equal to the estimated cost of restoration and/or repavement based on the following criteria: 1. If the applicant has had a permit revoked in the City of Schenectady or other adjoining municipality for a period of one year prior to the current request for permit. 2. Number of times required to reexcavate or repave prior jobs. 3. If the applicant has a voluntary or involuntary bankruptcy proceeding pending. 4. If the applicant has been convicted of a felony within the last five years. C. Said deposit or bond shall be returned or released upon the satisfactory completion of the job. D D. In the event the work affecting any public facility and subject to a permit issued by the City Engineer is not completed prior to the expiration of the permit, the permit shall have to be resubmitted and all associated fees paid. E. For excavations conducted in any area of the City right-of-way, the excavator will be required to obtain a permit from the Department of Engineering. (1) A street-cut permit shall be needed for excavation in the paved street area at a fee of [$250] $300. (2) An off-road permit shall be needed for the area outside of paved streets excluding sidewalks at a fee of $100. (3) A sidewalk permit shall be needed for the area within the sidewalk at a fee of [$50] $100. 12  (4) Major excavation as determined by the City Engineer shall be subject to an additional charge of $4 per square foot of excavation plus the original application fee. (a) The major excavation permittee shall be required to meet with the City Engineer to discuss scope of work and necessary conditions prior to application. § 167-14 Violations. A. Notice of violation. Whenever the Building Inspector determines that there has been a violation of any provision of this chapter or any rule or regulation adopted pursuant thereto, he shall give notice of such violation to the person or persons responsible for the violation. Such notice shall be in writing and shall be served upon the owner, agent, operator or occupant, as the case may require. This notice shall specify the alleged violation and shall provide a reasonable time for compliance. Such notice shall be deemed to be properly served upon such owner, agent, operator or occupant if a copy is served upon such owner, agent, operator or occupant personally or if a copy thereof is FT delivered by first-class mail to the last known address of such person or if a copy is posted in a conspicuous place in or about the building affected by the notice and if a copy is mailed by first- class mail. B. [1]Failure to abate violations. In case the owner, agent, operator or occupant cannot be found within the time limit set for the abatement of said violations or if such owner, agent, operator or occupant shall fail, neglect or refuse to abate such violations, the Corporation Counsel shall be advised of RA all facts in the case and shall institute appropriate action in the court to compel compliance. C. Emergency action. In cases of emergency which, in the opinion of the Building Inspector, require immediate action to abate a direct hazard or imminent danger to the health, safety, morals or welfare of the occupants of a building or the public, he shall promptly cause such action to be taken as is necessary to remove or abate the hazard or danger. The Building Inspector has the power and the responsibility to vacate buildings that are found to be unfit for human habitation. D. Recovery of costs. Costs incurred under Subsections C and D of this section shall be paid out of D the municipal treasury on certification of the Building Inspector. Any person issued a notice pursuant to any provision of this chapter shall be subject to an administrative fee of [$50] $75. Such costs, together with said fifty-dollar administrative fee, shall be charged against the land on which the building existed as a municipal lien or cause such cost and/or administrative fee shall be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner. The administrative fee of this subsection shall be waived in the event that all occupied units of the building have valid rental certificates § 183-10 Fees. 13  The applicant for a business certificate of use shall pay to the City the sum of $200 upon the issuance of the certificate. Thereafter, there shall be a yearly renewal fee of $50, plus an inspection fee of $50 for applicable businesses as determined under New York State law. § 210-14 Fees. A. For rental units which are subject to the terms of § 210-8A, the fees for the inspection and the issuance of a rental certificate for each rental unit are as follows: (1) Inspection: $50. (2) Reinspection: [$25] $50. (3) During each calendar year, an owner shall be charged for no more than two inspections for each rental unit and for as many reinspections as necessary, regardless of the number of inspections requested. FT B. The fee is $100 for the issuance of a rental certificate whenever an owner fails to submit an application for a rental certificate, as required by this chapter, prior to renting a unit. C. For rental units which are subject to the terms of § 210-8C, the fees for the inspection and the issuance of a rental certificate for each rental unit are as follows: (1) Base fee: $500. (2) For each unit above 10 units: $20. RA (3) There will be no charge for the first reinspection, if one is necessary. Additional reinspections shall be subject to a fee of $100. Section 3. This Ordinance shall take effect January 1, 2025. Approved as to form this D _________of November 2024 ____________________________ Maxine Barasch, Esq. Corporation Counsel New language is highlighted. Deleted language is in [brackets.] 14  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, November 04, 2024 From: Subject Review - A Resolution Amending the Building Codes Fee Schedule as Authorized by Section 137-17 of Chapter 137 of the Schenectady City Code and Sections 138-21 and 138-11.1 Article IV, of Chapter 138 of the Schenectady City Code (PH was on 10-28-2024) Background Info: Public hearing was held on October 28, 2024. Evaluation/Analysis Recommendation Friday, November 01, 2024 15  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Amending the Building Codes Fee Schedule as Authorized by Section 137-17 of Chapter 137 of the Schenectady City Code and Sections 138-21 and 138-11.1 Article IV, of Chapter 138 of the Schenectady City Code WHEREAS, a fee schedule Building, Plumbing and Electrical Standards and Building Code FT Administration shall be established by resolution as authorized by Section 137-17 of Chapter 137 of the Schenectady City Code and Sections 138-21 and 138-11.1 Article IV, of Chapter 138 of the Schenectady City Code; and WHEREAS, from time to time it becomes necessary for the City of Schenectady to review and update fee schedules to reflect current administrative costs; and WHEREAS, the Schenectady City Council has reviewed the attached fee schedules and deems such fees as fair and reasonable and reflect the administrative costs to the City of Schenectady for RA Building, Plumbing and Electrical Standards and Building Code Administration; and WHEREAS, the fee schedules set forth and attached hereto and incorporated by reference into this Resolution shall be charged and collected for the submissions of applications, the issuance of building permits, renewed building permits, amended building permits, certificates of occupancy/certificates of compliance, temporary certificates, operating permits, fire safety and property maintenance inspections and such and other further actions listed and other reviews of the Codes Enforcement Bureau described in or contemplated in Chapters 137 and 138 of the Schenectady City Code; and D NOW, THEREFORE BE IT, RESOLVED, that the fee schedules attached to this Resolution for such listed actions and activities of the Code Enforcement Bureau shall be charged and collected effective January 1, 2025. Approved as to form this ________day of November 2024 ____________________________ Maxine Barasch, Esq. Corporation Counsel 16  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, November 04, 2024 From: John Mootooveren Subject Review - Amend Sections 124-13 and 124-22 of the Schenectady City Code Increasing Administrative Fees Regarding False Alarm Calls (PH was on 10-15-24) Background Info: Evaluation/Analysis Recommendation Friday, November 01, 2024 17  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: An Ordinance to Amend Sections 124-13 and 124-22, Article IV, of the Schenectady City Code-Alarm System Regulations. The Council of the City of Schenectady in Regular Meeting convened, ordains as follows: FT Section 1. Purpose: From time to time, it becomes necessary for the City of Schenectady to review and update fee schedules to reflect current costs to respond to false alarm calls and to for such fees to act as a deterrent to consistent and uncorrected false alarms. Section 2. The following Sections of Article IV of Chapter 124 of the Schenectady City Code are amened as indicated. RASection 124-13. Definitions. PERSISTENT FALSE ALARM A false alarm in excess of more than [four] two false alarms within the last 12 months. "Persistent false alarms" shall not include those false alarms caused by acts of God, natural disaster or other causes not under the immediate control of the owner/lessee. Malfunctions of alarm equipment or the conduct of tenants, residents, patients, customers, students or other persons within a building shall be considered and deemed as under the control of the owner/lessee. Section 124-22. Penalties for Offenses; fees. D E. The owner/lessee of any place where there is a persistent false alarm shall be charged an administrative fee by the City of Schenectady of $25 for the first persistent false alarm, $50 for the second persistent false alarm, $75 for the third persistent false alarm and $125 for each and every subsequent persistent false alarm. If such fee is not paid within 30 days of demand therefor, the amount of such fee, certified to the finance department by the department of law, shall be charged against the land upon which the fee was charged as a municipal lien and, if unpaid, such fee shall be added to the tax rolls as an assessment or levied as a special tax against said property or recovered in a civil suit against the person to which the fee demand was issued. Section 3. This Ordinance shall take effect January 1, 2025. 18 Approved as to form this _________of October 2024 ____________________________ Maxine Barasch, Esq. Corporation Counsel Highlighted indicate areas of changes and [backets] indicate deleted language. FT RA D 19  False Alarm Fees – Further Information Summary of Surrounding Cities / Towns / Village City of Schenectady: S124 Charge after 4 free alarms $25 for 5th, $50 for 6th, $75 for 7th, $125 for 8th and beyond Adopted in 1996 City of Troy: S113 Charge after 2 free alarms $50 per alarm Last amended in 1994 City of Albany: I do not see that Chapter 185 was added to their code. In a council meeting in September of 1999 and again in 2002, Chapter 185 was proposed to be added to their city code. It was proposed: Alarms 1-3 at no charge Alarms 4-7 $25 per alarm Alarms 8-10 $50 per alarm Alarms 11-15 $150 per alarm Alarms 16 and beyond $300 per alarm Town of Niskayuna: Chapter 55 Charge after 2 free alarms Alarms 3, 4, and 5 are $50 per alarm Alarms 6+ are $100 per alarm Last revised in 2021 Village of Scotia: Chapter 90 Charge after 4 free alarms $50 for 5th $75 for 6th and beyond Last revised in 2013 20 Samanta R. Mykoo From: Maxine Barasch Sent: Friday, November 01, 2024 5:21 PM To: Marion Porterfield; Samanta R. Mykoo Cc: Sean O’Brien Subject: Fwd: False Alarm Fees and Noise Violations Sent from my iPhone Begin forwarded message: From: Sean O’Brien <SOBrien@schenectadyny.gov> Date: October 2, 2024 at 4:29:03 PM EDT To: Kaylee Sharp <KSharp@schenectadyny.gov>, Maxine Barasch <MBarasch@schenectadyny.gov> Cc: Andrew Dachinger <ADachinger@schenectadyny.gov>, "April G. Gardiner" <AGardiner@schenectadyny.gov> Subject: RE: False Alarm Fees and Noise Violations Kaylee, thanks for the info and work on this! Maxine, At Monday’s Committee meeting the info below can be provided to the Council as part of their review of the Alarm Fee Ord. Unpaid invoices will be added to the property owners’ tax bills on December 17 th as part of their owed tax bills for 2025. Sean SEAN O’BRIEN Assistant Corporation Counsel CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute, or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing, or taking any action in reliance on the contents of this information is strictly prohibited. From: Kaylee Sharp <KSharp@schenectadyny.gov> Sent: Wednesday, October 02, 2024 3:38 PM To: Sean O’Brien <SOBrien@schenectadyny.gov>; Maxine Barasch <MBarasch@schenectadyny.gov> Cc: Andrew Dachinger <ADachinger@schenectadyny.gov>; April G. Gardiner <AGardiner@schenectadyny.gov> Subject: RE: False Alarm Fees and Noise Violations 1 21 Hi Sean, For 2024 so far, based on what I sent out, I have the following: Bills sent out 4/22/24: $35,100.00 total- 70 invoices. I have not had a chance to send out another batch so far, but I’m gearing up to do so. The new batch will likely have about 54 invoices, with an estimated total of $25,750.00 owed. Based on my sheet, there is a total of about 438 false alarms reported to me by the Police Department this year. As for the paid/unpaid, there are 40 unpaid from the last batch of False Alarm invoices at a total of $25,175.00, and 30 that were paid at a total of $10,075. From what I could gather, current records for 2024 show 10 pending active Noise ordinance cases (including those with warrants on them/civil judgments) and 23 closed. Kaylee From: Sean O’Brien <SOBrien@schenectadyny.gov> Sent: Tuesday, October 01, 2024 5:21 PM To: Maxine Barasch <MBarasch@schenectadyny.gov> Cc: Andrew Dachinger <ADachinger@schenectadyny.gov>; Kaylee Sharp <KSharp@schenectadyny.gov>; April G. Gardiner <AGardiner@schenectadyny.gov> Subject: False Alarm Fees and Noise Violations Maxine, Andrew, Kaylee and April, in prep for the Council Committee meetings next week: the Council will need to know the current amount of False Alarm fees collected and outstanding for this year. The total of all alarms reported will be needed too. Also, the number of pending Noise Ord. violations and the number closed for 2024. Thanks, Sean CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute, or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing, or taking any action in reliance on the contents of this information is strictly prohibited. 2 22  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, November 04, 2024 From: John Mootooveren Subject Reminder - Amending Sections of Chapter 161 of the Schenectady City Code to Include Specific Fees for the Collection of Solid Waste Items and the Requirements for Collection (PH on 11-12-24) Background Info: Public hearing will be held on November 12, 2024. Evaluation/Analysis Recommendation Friday, November 01, 2024 23  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: An Ordinance to Amend Certain Provisions of Chapter 161 of the Schenectady City Code Entitled “Garbage, Rubbish and Refuse.” FT The Schenectady City Council in regular meeting convened, ordains as follows: Section 1. Purpose: the Schenectady City Council has reviewed Chapter 161 of the Schenectady City Code to update certain provisions of the Chapter to reflect new means and methods of waste collection for the City and to set fee schedules to reflect to the costs to the City for waste collection. The following provisions of Chapter 161 are amended as indicated: RA [Material in brackets is deleted.] Underlined and highlighted material is added. Section 2. Section 161-4 H. Garbage and nonrecyclable rubbish. 1. [Each person shall purchase and use clear or translucent refuse bags for the disposal of garbage and nonrecyclable rubbish.] D 2. [Garbage and nonrecyclable refuse shall not be placed at the curb for pickup unless it is in a clear or translucent refuse bag. Refuse placed in a dumpster or trash can must be first placed in a translucent or clear refuse bag. There is one exception to this requirement:] [ a. There are items of garbage and nonrecyclable rubbish which are not appropriate to place in or which do not fit into a refuse bag. These items should be taken to the waste transfer station for disposal or the Department of Solid Waste should be called for instruction.] 1. All residential solid waste shall be placed in plastic refuse bags tied at the top for collection whether placed in placed in plastic or galvanized steel garbage containers or placed separately at the curb. Containers shall be no less than ten gallons and no more than 45 gallons in size. 2. Residential solid waste shall be placed in no more than one container or in no more than seven 13- gallon plastic bags with a total weight of no more than seventy-five pounds (75) per premises per collection week. Residential solid waste not fitting within the container, or seven plastic bags and with a total weight of more than 75 pounds per premises shall be considered Excess. 24 3. It shall be a violation of this chapter for any person to place for collection any garbage or nonrecyclable rubbish which contains any recyclable. 4. Persons who utilize the transfer facility for disposal of nonrecyclable rubbish shall be required to obtain an annual permit from the City of Schenectady. The Director of Solid Waste shall have the authority to refuse to accept any garbage or nonrecyclable rubbish from a person who brings it to the transfer facility in a nonpermitted vehicle. 5. The Director of Solid Waste shall have the authority to refuse to accept any garbage or nonrecyclable rubbish hauled to the transfer facility if the garbage or nonrecyclable rubbish contains mandated recyclables. Section 161-4 N. Penalties for offenses by private property owners and occupants. (1) There shall be a grace period [of 90 days] following the [implementation] effective date [of this] to the amendments of this chapter, [November 15, 1992,] when there shall only be verbal and written FT warnings issued to violators of this chapter. During the time period time period from the effective date of the amendments to this Chapter, January 1, 2025, to the enforcement date of April 1, 2025, there shall be an intensive program of notification and education on the amended procedures and associated fees. The Commissioner of General Services shall report to the Schenectady City Council on the effectiveness of the education and notification effort no later than May 15, 2025. Section 3. Article III Solid Waste Transfer Station; Disposal Facility RA Section 161-8 Fees City residents, noncommercial use. [Added 2-14-1994 by Ord. No. 94-02] B. 1.City residents may use the transfer station [free of charge] per the fee schedule set by the Operator for disposal of household refuse, provided that it is of an acceptable type and properly processed. For example, tree limbs must be less than four inches in diameter and not over four feet in length. (See Section 161-6, Prohibited materials.) Questions regarding type of material acceptable can be answered by calling the transfer station. D 2. [City residents' vehicles will not be weighed and will be required to use the car dump area.] Transfer personnel will be available to assist as to where and how to deposit refuse. 3. City residents will be required to obey all of the rules and regulations and conditions as outlined in Article II of this Chapter 161. 4. City residents will not be required to obtain a license but must show proof of residence within the City limits by a driver's license and one other form of identification. All refuse disposed of must be generated from within the incorporated limits of the City of Schenectady. Section 4. Article V. Fee-Based System for Collection of Solid Waste and Recyclables. Section 161-21. Public collection and disposal of solid waste. 25 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. The depositing for City collection of solid waste not originating in the City is prohibited, except as authorized by ARTICLES III and IV of this Chapter. Persons depositing solid waste in the City in violation of Section shall be subject to prosecution and the penalties set forth in Sections 161-26 A and D of this Section. B. At the discretion of the Commissioner of General Services, the Department may collect and dispose of commercial, institutional, multiple residence and mixed residential use solid waste originating in the City if the Commissioner determines that collection from such users can be accomplished using existing staff and equipment and without compromising the services provided by the City to residential uses. The Department shall not collect industrial, infectious or hazardous waste. (1) All residential solid waste shall be placed in plastic refuse bags tied at the top for collection whether placed in plastic or galvanized steel garbage containers or placed separately at the curb. FT Containers shall be no less than ten gallons and no more than 45 gallons in size. (2) Residential solid waste shall be placed in no more than one container or in no more than seven 13-gallon bags with a total weight of no more than seventy-five pounds (75) per premises per collection week. Residential solid waste not fitting within the container, or seven plastic bags and with a weight of more than seventy-five (75) pounds shall be considered Excess. Excess residential solid waste shall be subject to separate collection requirements and fees as set forth paragraph D below. RA 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. [Except as provided within this chapter, the City shall collect residential solid waste originating in the City as defined by this chapter once each week. The City shall collect white goods originating in the City as defined by this chapter once each month, on the third solid waste pickup day for each garbage district. All other collections will be made at a frequency determined by the Commissioner to be D necessary consistent with public health. [Amended 3-13-2023 by Ord. No. 2023-04]] D. Excess Residential Solid Waste or Bulky Items: 1. Excess Solid Waste or bulky items collected at each property shall be subject to the following fees: White Goods, including, but not limited to stoves, dishwashers, dryers, and washers shall be collected by affixing a solid waste sticker(s) to the item(s) and collected per the schedule and fees set by the Commissioner of General Services. 2. A. Household items, including but not limited to: Furniture, couches, chairs, tables, carpets, bookcases, mattresses, beds, outdoor furniture shall be collected by affixing a solid waste(s) to the item(s) and collected per the regular collection schedule set by the Department of General Services and the following fee schedule: Mattresses, beds, couches: $15.00 per item. Tables, chairs, outdoor furniture, miscellaneous furniture; $10.00 per item. 26 Carpet rolls (3 feet in length) $ 5.00 per roll.  Window Air Conditioner: $15.00. Grill: $10.00. B. Such other listed items of Excess Residential Solid Waste per the published fee schedule set by the Commissioner of General Services. 3. A. Property owners or occupants may purchase Excess Residential Solid Waste Stickers to affix to individual items of Excess Residential Solid Waste or Bulky items in denominations of five dollars ($5.00) per sticker Stickers will be available for purchase at the City Clerk’s Office or in the Department of General Services Office. B. Each property owner will be issued three Excess Residential Solid Waste Stickers each calendar year to be included in the January property tax bill commencing in calendar year 2025. E. All residential users (excepting institutional residential users which do not elect to receive City waste collection services) will be provided with waste collection services by the City and shall pay for such services at the rates herein prescribed. F. Commercial, institutional, multiple residential and mixed residential users, excepting those which FT elect to receive and are approved to receive City solid waste collection services, must provide for the lawful collection and disposal of solid waste and recyclables and must establish to the satisfaction of the Commissioner that a licensed commercial solid waste and/or recyclable collector is providing collection and disposal services for the user and that solid waste collection is being made at a frequency determined by the Commissioner to be consistent with public health requirements. Failure to provide for adequate collection and disposal services or to provide satisfactory proof to the Commissioner shall constitute a violation and shall be subject to the penalties provided by Chapter 1, Article I, Section 1- 14.1. RA G. The Commissioner is authorized, after a time/volume study has been conducted of a mixed- residential, multiple residential, commercial and/or institutional use parcel, to enter into service agreements with such entities for the collection of solid waste and to assess a fee for collection services for that parcel based upon the amount of solid waste generated, consistent with the user fees prescribed by this chapter and adopted annually by resolution of the City. H. Section 161-22. Unpaid Waste Collection Fees. Unpaid waste collection fees shall be the personal liability of the owner and shall be a lien upon the real D property in connection with which solid waste collection is offered as and from the 30th day of the month following the billing date for each quarterly installment and such indebtedness shall be subject to sale or assignment by the City to the extent permitted by law. Section 161-23 Discontinuing service following non-payment of waste collection fees. The Commissioner may order the discontinuance of a multiple residence, mixed-use residence, institutional and/or commercial user's public collection service when, after due notice, the user has not paid user fees upon direct billing by the City or after such delinquent fees have become a lien upon the real property. Upon discontinuance of public collection service for nonpayment of user fees, the user must establish to the satisfaction of the Commissioner that a licensed commercial solid waste and/or recyclable collector will service the user. The Director of Finance shall establish and maintain a separate solid waste collection fund to record and control the financial activity related to the provisions of solid waste collection by the City. This fund shall be maintained on the same fiscal year as that of the City. Each year the Mayor, at the time of the 27 submission of the annual budget estimate to the City Council, shall submit a statement of estimated revenues, expenditures and changes in the fund as well as the fund balance for the current fiscal year, together with an estimate of expenditures for the next fiscal year. The Mayor shall also, at the same time, recommend a basic rate sufficient to meet the estimated expenditures for the next fiscal year, taking into consideration the estimated surplus or deficit accruing from the fund operations in the current year and other sources of revenue. Section 161-25 Solid waste collection fees. Section 161-24. Annual determination of fees. 1. The Mayor as a part of the budget process shall propose the fees charged by the City for solid waste collection and disposal services annually. A schedule of the annual collection fees shall be approved by the City Council by resolution and maintained on file in the Commissioner's office and in the office of the City Clerk. 2. Fees assessed for solid waste collection services provided by the City shall not exceed the full cost of providing said service. Any surplus of funds in any year shall be carried over to the following year and shall be used solely to fund solid waste collection services provided by the City. Section 161-25. Exemptions. FT 1. Any person who because of age or disability shall qualify for exemption from City real property taxes pursuant to Chapter 234, Article I, Section 234-1, and is an owner and occupant of any premises receiving waste collection services provided pursuant to this article, shall be charged a reduced fee for solid waste collection and disposal services in the total sum of $100. 2. Any residential user eligible for STAR tax exemption from City real property taxes, upon demonstrating that only one unit of a two- or three-unit residential parcel is occupied as their residence, RA all other units being permanently vacant, after certification to the Commissioner and inspection, pursuant to regulations promulgated by the Commissioner and approved by resolution of the City Council, shall pay only the annual base unit fee. C. For-profit mixed residential, Multi residential and commercial users: The annual fee shall be based upon Council. The Commissioner, consistent with the formula adopted by the City Council, is authorized to negotiate fees pursuant to Section 161-21G of this article, based on volume and time requirements for collection, provided that such fees shall in all instances cover at a minimum the costs of providing the service. Section 5. D Section 161-26 Penalties for Offenses. A. Failure to comply with the terms of this chapter shall be a violation as defined by the Penal Law of the State of New York and shall be punishable by a fine not exceeding $1,000 or imprisonment not exceeding 15 days for each day of violation, or by both such fine and imprisonment, or by a penalty of not less than $350 nor more than $1,000 for each day of violation to be recovered by the City in a civil action. B. A separate offense shall be deemed committed on each day during or on which noncompliance with the terms of this chapter occurs or continues unabated after the time limit set for abatement of the violation. C. Any person issued a notice of violation pursuant to any provision of this chapter shall be subject to an administrative fee of $50, and such administrative fee shall be charged against the land upon which the notice of violation was issued as a municipal lien or such administrative fee shall be added to the tax rolls as an assessment or levied as a special tax against said property or recovered in a civil suit against 28 the person to which the notice of violation was issued. D. The depositing for public collection of solid waste not originating in the City shall be considered an unclassified misdemeanor with a fine up to $1,000 and/or imprisonment up to 180 days per occurrence. Section 6. This Ordinance shall take effect January 1, 2025. Approved as to Form: ____November 2024 ___________________ Maxine Barasch, Esq. Corporation Counsel FT RA D 29  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, November 04, 2024 From: Subject Reminder - RESTORE New York Grant Application for the former St. Clare's Hospital, 600 McClellan Street, Schenectady, New York (PH on 11-12-24) Background Info: Public hearing will be held on November 12, 2024. Evaluation/Analysis Recommendation Friday, November 01, 2024 30  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: City Development and Planning DATE: 10/17/2024 TO: City Council FROM: Gary McCarthy SUBJECT: RESTORE NY grant application BACKGROUND INFORMATION: An additional round of Restore NY funding has been released through Empire State Development. Restore NY funding is to be used to demolish or renovate large structures that have a major impact on a community’s economic prosperity. The former St. Clare’s Hospital is a very good candidate for funding. This 400,000 square foot building will be rehabilitated to provide approximately 250 apartments with on-site daycare and proximity to Central Park and Market 32. Metroplex will work closely with the City of Schenectady to prepare the best, most competitive application possible. Applications are due by December 20th, 2024. The Restore NY application process requires the City Council to hold a public hearing and pass a municipal resolution supporting the application prior to submission of the grant application. To meet the due date, we have outlined the following schedule: • October 21st Committee Meeting Action: Call for Public Hearing • October 28th City Council Meeting Action: Vote on Call for Public Hearing request • October 30th, 31st, and November 1st Public Hearing Notice Published in Daily Gazette • November 4th Committee Meeting Action: Reminder of Public Hearing to be held on November 12th • November 12th City Council Meeting Action: Hold Public Hearing 31  • November 18th Committee Meeting Action: Review Public Hearing comments and proposed resolution supporting Restore NY application • November 25th City Council Meeting Action: Vote on resolution of support to be included in the grant application • (on or before) December 13th Submit application to Empire State Development To meet this schedule, we respectfully ask that a resolution calling for a public hearing be included on the agenda for the October 28th City Council Meeting. EVALUATION/ANALYSIS: Renovating the former St. Clare’s Hospital is an excellent project for a Restore NY funding application. RECOMMENDATION: To call for a public hearing on the Metroplex Restore NY Round 9 grant application, to be held at the November 12th, 2024 City Council Meeting. LEGISLATION WILL BE PREPARED BY: 32 33  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: City Development & Planning Committee Date: Monday, November 04, 2024 From: Marion Porterfield Subject Review – Establishing a Temporary Moratorium Until February 1, 2025, on the Submission on Processing of Building Permits, Certificates of Occupancy, Certificates of Use and Land Use Approvals of Cannabis Establishments within the City (PH was on October 28, 2024) Background Info: Public hearing was held on October 28, 2024. Evaluation/Analysis Recommendation Friday, November 01, 2024 34  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: An Ordinance Establishing a Temporary Moratorium until February 11, 2025, on the Submission and Processing of Building Permits, Certificates of Occupancy, Certificates of Use and Land Use Approvals for Cannabis Establishments within the City of Schenectady FT WHEREAS, the City of Schenectady Code, including the zoning ordinance at Chapter 264 of the Schenectady City Code, currently lacks the ability regulate to Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses and on-site consumption uses; and WHEREAS, under the existing the zoning ordinance at Chapter 264 of the Schenectady City Code, Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses and on- site cannabis consumption uses are not uses contemplated by the zoning ordinance; and WHEREAS, the Schenectady City Council seeks to implement zoning which will provide RA regulations for Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses and on-site cannabis consumption uses in the City and desires to maintain the status quo while these zoning modifications are developed and contemplated by the Council; and WHEREAS, in light of the licensing requirements at the state level and the City’s inherent right to regulate the, location, appearance and hours of operation, of Cannabis Establishments including, but not limited to cannabis retail, microbusinesses and on-site consumption uses and in the interest of limiting the effect of any moratorium to just the relief necessary to preserve the status quo related to such uses, the Council desires to establish a land use moratorium on Building Permits, Certificates of Occupancy, Certificates of Use and Land Use Approvals limited to Cannabis Establishments, including, but not limited to, cannabis retail, microbusinesses and on-site consumption uses; and D WHEREAS, a public hearing with regard to this moratorium was held on October 28, 2024: NOW, THEREFORE BE IT, ENACTED, by the Council of the City of Schenectady, in a regular meeting convened as follows: 1. DEFINITIONS: BUILDING PERMIT – a building, demolition, plumbing, electrical, or other permit issued by an administrative official for the City of Schenectady for the construction, renovation, 35  rehabilitation or alteration of property pursuant to Chapter 137, 138, 167 or 264 of the Schenectady City Code. CERTIFICATE OF OCCUPANCY – A certificate of occupancy or certificate of compliance issued pursuant to Chapter 137, 138, 167 or 264 of the Schenectady City Code. CERTIFICATE OF USE – A certificate issued to a business pursuant to Chapter 183, Article II (Business Certificates of Use) of the Schenectady City Code. LAND USE APPROVALS – Any approval regarding the use of land pursuant to Chapter 264 of the Schenectady City Code. Such approvals include, but are not limited to, use variances, area variances, site plan approval, and special use permits. SCHENECTADY ZONING ORDINANCE – The City of Schenectady zoning ordinance provided at Chapter 264 of the Schenectady City Code. FT CANNABIS –All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture salt, derivative, mixture, or preparation of the plant, its seeds or resin CANNABIS ESTABLISHMENT – Including, but not limited to, cannabis microbusiness, cannabis on-site consumption sites and cannabis retail dispensaries. MICROBUSINESS-A licensee that may act as a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer. RA ON-SITE CONSUMPTION SITES-The consumption of cannabis in an area licensed as provided by the New York State Marijuana Regulation and Tax Act, as amended. RETAIL DISPENSARY-Any facility or person who sells at retail any cannabis product, the sale of which a license is required under the provisions of the New York State Marijuana Regulation and Tax Act. Any facility or person who receives an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent or employee, of any cannabis, cannabis product, to cannabis consumer for any purpose other than resale. For the purposes of this definition a site used for delivery shall be considered a retail dispensary. D 2. PURPOSE & INTENT The purpose of this moratorium is to temporarily suspend Building Permits, Land Use Approvals, Certificates of Occupancy and Certificates of Use for cannabis retail, micro businesses and on-consumption uses in the City of Schenectady (“City”) pursuant to the statutory powers vested to the City and Schenectady City Council (“Council”) to regulate and control land use and to protect the health, safety and welfare of its citizens; and to address present and future development within the City; and pursuant to the City Comprehensive Plan adopted by the Council on March 25, 2008; and to continue the update of the City’s land use regulations, including but not limited to the Schenectady Zoning Ordinance 36  The Schenectady City Code, including the Schenectady Zoning Ordinance, currently lacks the ability to regulate Cannabis Establishments including, but not limited to cannabis retail, microbusinesses and on-site consumption uses. Recognizing the need to permit such uses in certain districts throughout the City Modifications of the zoning ordinance are required, not only address concerns of residents and property owners, but to provide regulations for these uses with regard to parking, visibility, density, certain physical requirements, as well as establish other municipal zoning and administrative regulations. This moratorium shall serve to maintain the status quo regarding such uses to permit the development of zoning modifications to ameliorate the impacts of these uses on the public. 3. AUTHORITY This land use moratorium is enacted by the City Council of the City of Schenectady pursuant to its authority under the Article IX of the New York State Constitution, the General City Law, General Municipal Law, and Municipal Home Rule Law. FT 4. ENACTMENT OF TEMPORARY MORATORIUM There shall be a Temporary Moratorium until February 11, 2025, following the effective date of this Ordinance, except as provided below and in Section 5 below: i. No new applications for Building Permits and Land Use Approvals for Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses or on-site consumption uses shall be accepted or processed by the City of Schenectady. RAii. iii. iv. Submitted applications on or before November 13, 2024, for Building Permits and Land Use Approvals for Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses and on-site consumption uses shall be accepted and processed by the City of Schenectady. No Certificates of Occupancy for Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses and on-site consumption uses shall be issued by the City of Schenectady; and Submitted applications for a Certificate of Use on or before November 13, 2024, for Cannabis Establishments including, but not limited to, cannabis retail, microbusinesses D and on-site consumption uses shall be accepted and processed by the City of Schenectady for cannabis retail, microbusiness and on-site consumption uses. At the discretion of the Council, there shall be the possibility of one (1) separate three-month period of extension imposed, after proper notice and a public hearing, to be held within 30 days prior to the expiration of said moratorium period. 5. ALLEVIATION OF EXTRAORDINARY HARDSHIP i. The Schenectady City Council may authorize exceptions to the moratorium imposed by this Ordinance when it finds, based upon evidence presented to it, that deferral of action on application for a Building Permit, issuance of a Certificate of Occupancy, Certificate of Use, or Land Use Approval for a Cannabis Establishment including, but not limited to, 37  cannabis retail, microbusiness or on-site consumption use would impose an extraordinary hardship on a landowner or applicant. ii. An application for an exception based upon extraordinary hardship shall be filed with the Schenectady City Clerk, including a fee of five hundred and 00/100 Dollars ($500.00) for each tax map parcel claimed to be subject to extraordinary hardship, by the landowner or the applicant, upon the consent of the landowner. The application shall provide a recitation of the specific facts that are alleged to support the claim of extraordinary hardship and shall contain such other information and/or documentation as the Schenectady City Council or its designee shall prescribe as necessary for the Schenectady City Council to be fully informed with respect to the application. iii. A public hearing on any application for an exception to this Ordinance based upon extraordinary hardship shall be held by the Schenectady City Council at a meeting of the Schenectady City Council no later than forty-five (45) days after the complete application for extraordinary hardship has been filed with the Schenectady City Clerk. The iv. FT Schenectady City Council shall determine, by motion duly adopted, when an application based upon extraordinary hardship is complete. In reviewing an application for an exception based upon a claim of extraordinary hardship, the Schenectady City Council may consider the following criteria: a. The extent to which the proposed development activity would cause significant environmental degradation, adversely impact existing development in the area, be detrimental to public health, comfort or safety concerns and/or have a negative RA impact upon the City of Schenectady. b. Whether the moratorium will expose a property owner or applicant to substantial monetary liability to a third person or would leave the property owner or applicant completely unable, after a thorough review of alternative solutions, to have a reasonable alternative use of the property. c. The extent to which actions of the applicant were undertaken in good faith belief that the proposed development would not lead to significant environmental degradation, adversely impact existing development in the area, have an adverse impact on public health or safety, and/or have a negative impact upon the City of Dv. vi. Schenectady. Mere delay or concern that regulations may be adopted prohibiting the location of cannabis retail, microbusinesses and on-site consumption uses in certain zoning districts is insufficient to constitute an extraordinary hardship under this section. Where an existing cannabis retail, microbusiness or on-site consumption use has not been operating lawfully with the existing zoning and building requirements of the City of Schenectady, its preexisting operation is insufficient to constitute an extraordinary hardship under this section. vii. At the conclusion of the public hearing and after reviewing the evidence and testimony 38  placed before it, the Schenectady City Council shall, in its sole discretion, act upon the application for an exception based upon extraordinary hardship. The Schenectady City Council may approve, deny or approve in party and deny in part the application being acted upon. 6. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE It is the intent of this Ordinance to supersede any statutes or regulations which may be inconsistent with the provisions herein. To the extent that any provisions of this Ordinance are in conflict with or are construed as inconsistent with the provisions of the General City Law or General Municipal Law this Ordinance supersedes, amends and takes precedent consistent to the City’s municipal home rule powers pursuant to Municipal Home Rule Law and Article IX of the New York State Constitution. Related to Building Permits, Certificates of Occupancy, Certificates of Use, and Land Use Approvals, for Cannabis Establishments including, but not limited to, cannabis retail, microbusiness or on-site consumption uses, this Ordinance supersedes: i. ii. FT Schenectady City Code Chapters 137 (Building Code Administration), 138 (Building, Plumbing and Electrical Standards), 167 (Housing Standards), Chapter 183, Article II (Business Certificates of Use), or 264 (Zoning). This Ordinance suspends and stays the running of time periods for processing, action upon, holding hearings on, making decisions and taking action on such applications provided for in those laws. Any inconsistent provisions the General Municipal Law, General City Law, or Schenectady City Code, relating to the authority of the Schenectady Board of Zoning RAiii. Appeals to grant variances, waivers, or other relief from the Schenectady Zoning Ordinance. Any inconsistent provisions of the General City Law and City of Schenectady Code which requires that the Planning Commission process, review, hold hearings on, and act upon applications for site plans within specified time periods. This Ordinance suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede said inconsistent authority. 7. ENFORCEMENT D This Ordinance shall be enforced by the Corporation Counsel of the City of Schenectady, or their designee. It shall be the duty of the Corporation Counsel to advise the Council of all matters pertaining to the enforcement of this Ordinance and to keep all records necessary and appropriate to such enforcement. 8. VIOLATIONS Any person, firm, entity or corporation violating any of the provisions of this Ordinance shall be guilty of an offense and upon conviction thereof in a civil action brought by the Corporation Counsel, shall be subject to civil penalties in the amount of one hundred dollars ($100.00) for each day such violation exists in addition to injunctive or equitable relief. 9. SEVERABILITY 39  Should any word, phrase, clause, sentence, paragraph, section, part or provision of this Ordinance be found by the courts to be unconstitutional or invalid, such decision shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts. 10. EFFECTIVE DATE This Ordinance shall take effect immediately upon its filing with the Schenectady City Clerk. Approved as to form this ____ day of November 2024 ____________________________ Maxine Barasch, Corporation Counsel Corporation Counsel FT RA D 40  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: November 04, 2024 TO: COUNCILMEMBERS FROM: Corporation Counsel SUBJECT: 1710 Eastern Parkway / Payment of Back Taxes Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY_____________________ 41