City Council Committees

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, January 6, 2025 5:30 p.m. Room 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. Finance 1 Schenectady Police Department Temporary Portable Bathroom Trailer Eric Clifford Public Safety 1 Discussion – Update on Vehicle Vandalism John Mootooveren 2 Discussion – Amend City Code Chapter 183 (Nuisance) Carl Williams Reminder – Amending Certain Sections of the Schenectady City Code Chapter 248 Regarding Carmel Patrick 3 Setting a City-Wide Speed Limit at Twenty-Five (25) Miles Per Hour (PH will be on 01-13- 2025) Government Operations 1 Review of Chapter 28 – City Council Marion Porterfield City Development & Planning Recommendation to the City Council from the Planning Commission Regarding Draft Cannabis Maxine Barasch 1 Dispensary Zoning Legislation 2 CPH – Cannabis Zoning Ordinance Maxine Barasch Claims 1 Chintoman v. City of Schenectady Maxine Barasch 2 Broadview Associates v. City of Schenectady Tax Certiorari Maxine Barasch 3 Frank Longo v. City of Schenectady Tax Certiorari Maxine Barasch 1  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 6, 2025 TO: COUNCIL MEMBERS FROM: Chief Eric Clifford SUBJECT: Schenectady Police Department temporary portable bathroom trailer Background Information: The City of Schenectady conducted a bid for interested parties with the capacity to rent out a toilet/shower/sink combination unit while renovations to the police station bathrooms are taking place. Evaluation/Analysis: The City received two bids. A bid from Mike’s Portables Inc. for $6560. per month and a bid from TentSouth LLC. for $5,200. The contract will be a term of 8 months from time of award with a possibility of a 4 month extension (maximum 12 months total term). After experiencing equipment and logistical issues, TentSouth LLC. respectfully requested removal from the bid. Mike’s Portables Inc. has agreed to honor the lowest bid price of $5,200. Recommendation: We respectfully recommend that the City Council authorize the Mayor, or his designee, to enter into contract with Mike’s Portables Inc. LEGISLATION WILL BE PREPARED BY: Lieutenant Adam Nowicki 2  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 6, 2025 TO: COUNCILMEMBERS FROM: Councilman Carl Williams SUBJECT: Discussion - Amend City Code Chapter 183 (Nuisance) Background Information: Noise complaints have been on the rise and continue to disrupt the quality of life for our residents. Evaluation/Analysis: Partner with Law Department and Police Department to identify appropriate solutions to address this chronic issue throughout the city. Recommendation: Reclassify Chapter 182 of the Code (noise) nuisances from a point value of 3 to a point value of 6. LEGISLATION WILL BE PREPARED BY: LAW DEPARTMENT 3  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: A The Schenectady City Council, in regular meeting, does ordains as follows: Section 1. Purpose: To amend certain sections of Chapter 183 of the Schenectady City Code to increase the point value assigned to Noise Ordinance Values from three points to six points and to amend Section 182-6 of Chapter 182 of the Schenectady City Code to increase the fines for violations. The Schenectady City Council finds that T noise complaints continue to have a negative impact on the quality of life of Schenectady residents. The City Nuisance Ordinance Point Schedule and the penalties for noise violations are amended to reflect the severity of the negative impact of noise violations. AF Section 2. Section 183-1 B (1) is amended as follows: The following violations shall be assigned a point value of six points: (a) Article 220 of the Penal Law (controlled substances offenses). R (b) Article 221 of the Penal Law (offenses involving marijuana). (c) Article 225 of the Penal Law (gambling offenses). D (d) Article 230 of the Penal Law (prostitution offenses). (e) Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal Law (criminal possession of stolen property). (f) The Alcoholic Beverage Control Law. (f) Article 265 of the Penal Law (firearms and other dangerous weapons). (g) Sections 260.20 and 260.21 of the Penal Law (unlawfully dealing with a child). (h) Article 263 of the Penal Law (sexual performance by a child). (i) Section 415-a of the Vehicle and Traffic Law (vehicle dismantlers). (j) Section 175.10 of the Penal Law (falsifying business records). 4 (k) Sections 170.65 and 170.70 of the Penal Law (forgery of and illegal possession of a vehicle identification number). (l) Possession, use, sale or offer for sale of any alcoholic beverage in violation of Article 18 of the Tax Law, or of any cigarette or tobacco products in violation of Article 20 of the Tax Law. (m) Article 158 of the Penal Law, (welfare fraud). (n) Article 178 of the Penal Law (criminal diversion of prescription medications and prescriptions). (p) Section 147 of the Social Services Law (food stamp program fraud). (q) Any other felony under New York State law (r) Chapter 182 of the Code (noise) Section 3. Section 183-1 B (3) is amended as follows: T The following violations shall be assigned a point value of three points: AF (a) Chapter 192 of the Code (peace and good order). [(b) Chapter 182 of the Code (noise).] (b) Chapter 144 of the Code (dogs and other animals). (c) Chapter 260 of the Code (weights and measures; trade practices). R (d) Chapter 126 of the Code (alcoholic beverages). (e) Suffering or permitting the premises to become disorderly, including suffering or permitting fighting or lewdness. D (f) Any other violation under the City Code of Schenectady. Section 4. Section 182-6 of Chapter 182 is amended as follows: Section 182- Penalties for Offenses. A. If any party shall knowingly violate the provisions of this chapter or engage in conduct in violation of this chapter, he shall be punished by a fine not to exceed $250. Each incidence of any violation of a provision herein, or any subsequent or continuing violation occurring within 1/2 hour of the first such violation or any subsequent violation, shall constitute a separate offense. (1). A second violation occurring within 12 months after the first such violation shall be punished by a fine not less than $250 nor exceeding $400. 5 (2). A further violation within 12 months after the last violation shall be punished by a fine not less than $400 nor exceeding $500, or imprisonment for a period not exceeding 30 days, or both such fine and imprisonment. B. When there is probable cause to believe that a noise violation has occurred under this chapter, the party responsible shall be subject to confiscation and evidentiary seizure of the offending source of noise and subject to forfeiture upon conviction of the appropriate Code §182-3 or 182- 4Athrough P. Pending trial, the source of the offensive noise may be returned to the offending party or owner of the source of the offending noise upon the deposit of $250 with the Code Enforcement Officer in possession of the source of the offensive noise. Said deposit shall be forfeited if the responsible party does not appear for trial or other pretrial proceedings and may be returned to the responsible party at the conclusion of the case or applied to any fine levied. Forfeiture or return of the source of noise shall be plea bargain options pending trial. Loud dogs shall be dealt with in accordance with §144- 8 of the Code pertaining to seizure of dogs. Section 5. This Ordinance shall take effect March 1, 2025. New material is highlighted and underlined. Deleted material is[ bracketed] Approved as to form this ___day of January 2025 T ____________________________ Maxine Barasch, Esq. Corporation Counsel AF R D 6  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Monday, January 06, 2025 From: Carmel Patrick Subject Reminder - Amending Certain Sections of the Schenectady City Code Chapter 248 Regarding Setting a City-Wide Speed Limit at Twenty-Five (25) Miles Per Hour (PH will be on 01-13-2025) Background Info: Public hearing will be held on January 13, 2025. Evaluation/Analysis Recommendation Thursday, January 02, 2025 7  CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 3, 2025 TO: City Council Members FROM: Council President Marion Porterfield SUBJECT: Discussion – Amendments to Chapter 28 City Code Background Information: The service delivery for the special meeting notice of December 13, 2024 was questioned. Section 28-3 of the City Code states “Special meetings may be called at any time by any member of the Council, on three days' notice, specifying the object of the meeting. The City Clerk shall cause the written notice thereof, specifying the object of the meeting, to be served upon each member personally or to be delivered at his usual place of residence.” The question raised was whether email constituted personal delivery. Corporation Counsel determined that the service delivery was sufficient, and the meeting was valid. Evaluation/Analysis: Corporation Counsel in their determination also stated that the City Council may consider amending the City Code to expressly state that email notice is sufficient if the Council so chooses. Recommendation: Review and amend City Code Chapter 28-3 to include email as sufficient notice for special meetings and review the entire chapter to remove any obsolete language. WILL BE PREPARED BY_____LAW DEPARTMENT_________ 8  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: Development and Planning DATE: 12/27/2024 TO: COUNCILMEMBERS FROM: Department of Development SUBJECT: Recommendation to the City Council from the Planning Commission regarding draft cannabis dispensary zoning legislation. Background Information: The Planning Commission was sent draft legislation for Section 264-113 of the City Code. Members were given a month to review the ordinance and provided comments and revisions in order to make a recommendation to the City Council, pursuant to Section 264-131. It was noted that New York State has not issued any on-site consumption licenses as of yet, and the full scope of their impact on communities is unknown. Evaluation/Analysis: The Commission decided cannabis dispensaries and on-site consumption locations were of different intensities and should be zoned separately. Cannabis dispensaries were viewed as low intensity retail establishments with minimal negative effects on the surrounding neighborhoods, while on-site consumption locations are unknown and may have multiple negative effects. The Commission wants to proactively zone on-site cannabis consumption establishments to be subject to a Special Use Permit in order to give the Planning Commission the ability to more adequately protect the interests of residential neighborhoods. The Commission agreed that once licenses were rolled out for on-site consumption businesses, they should re-evaluate the ordinance to see how it fits with OCM’s guidelines. Recommendation: Motion made by Commissioner Nadler to recommend the City Council adopt the new cannabis legislation, with the change being made that on-site 9 consumption locations be allowed only in commercial districts via Special Use Permit. Seconded by Commissioner Engert. Motion carried unanimously. LEGISLATION WILL BE PREPARED BY LAW 10  CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: DATE: January 2, 2025 TO: COUNCILMEMBERS FROM: Corporation Counsel’s Office SUBJECT: Cannabis Zoning Ord. Background Information: To amend the Zoning Code to cover Cannabis Establishments. Evaluation/Analysis: Draft Ordinance reviewed by the City Planning Commission. The Commission’s recommendations have been submitted to the Council for review and action. Recommendation: The City Council reviews the draft Ordinance and calls for a Public Hearing on January 27, 2025, on the Ordinance. A resolution sending the draft Ordinance to Schenectady County Planning Department for its review and comment. LEGISLATION WILL BE PREPARED BY__LAW DEPT. For the Council Meeting on January 13, 2025: A Resolution Calling a Public Hearing on January 27, 2025. A Resolution transmitting the Draft Cannabis Zoning Ordinance to the Schenectady County Planning Dept. for its review and comment. _ 11  CITY COUNCIL SCHENECTADY, NEW YORK ORDINANCE NO. Councilmember offered the following: An Ordinance to add Section 264-113, Article III, to the Schenectady City Zoning Code to Regulate the Location of Cannabis Establishments and Uses. T The Council of the City of Schenectady in regular meeting convened, ordains as follows: AF Section 1. Purpose and Intent: This Ordinance is enacted to protect the health, safety and welfare of the community pursuant to the City Comprehensive Plan adopted by the City Council on March 25, 2008, and to establish land use regulations on the location of Cannabis Establishments and Uses in conformance with the New York State Marijuana Regulation and Tax Act (MRTA). A new Article III in Chapter 264, Section 113 is hereby established in the Schenectady City Code to regulate the location of Cannabis Establishment uses in the City of Schenectady. Section 2. R Section 264-113 is hereafter amended as follows: Article I. D Section 264-113 DEFINITIONS A. Definitions and word usage. Whenever used in this section and in Chapter 264 of the Schenectady City Code, the following terms shall have the meanings indicated: CANNABIS All parts of the plant of 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 seed or resin. CANNABINOID The phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in Section 3306 of the New York State12Public Health Law. CANNABINOID HEMP Any hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer it shall not have a concentration of more that three tenths of a percent of delta-9tetrahydrocannabinol. CANNABIS ESTABLISHMENT Including, but not limited to, cannabis microbusinesses, cannabis on-site consumption sites and cannabis retail dispensaries. CANNABIS PRODUCT Otherwise known adult-use cannabis product means cannabis, concentrated cannabis, and cannabis infused products for use by a cannabis consumer. DELIVERY The direct delivery of cannabis products by a retail licensee, microbusiness licensee or a delivery HEMP licensee. T AF Means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids and salts of isomers, whether growing or not, with delta-9tetrahydrocannabinol concentration (THC) of not more than three-tenths of a percent on a dry weight basis. It shall not include Medical Marijuana as defined in this section. HEMP EXTRACT R Means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp, use or intended for human consumption, for its cannabinoid content with a THC of not more than as set by the Office of Cannabis Management or any other State Agency. For purposes of this Article D hemp extract shall not include food, food ingredient or food additive that is generally recognized as safe per federal law and it shall also not include for hemp extract not meant for human consumption. HOOKAH PIPE A single or multi stemmed instrument used by one or more persons to smoke tobacco or another substance, which hookah pipe is also commonly referred to as a "hookah," "water pipe," "shisha" or "narghile." HOOKAH LOUNGE AND VAPE LOUNGE Any facility or location whose business operation, and its principal use, include the on-site indoor smoking of electronic cigarettes, vape pens, vapors, e-liquids, or other like substances. Smoking is the inhalation of the smoke/liquid nicotine/vapors/water pipe tobacco and other substances encased in electronic cigarettes, vape pens, and pipes commonly known as "hookah," "water pipe," "shisha," and consumption on premises. INDIRECT RETAIL SALE To give any cannabis, cannabis product, cannabinoid hemp, hemp extract product, or any product marketed or labeled as such by any person engaging in a commercial business venture or otherwise providing 13 or offering goods or services to the general public for renumeration for such goods and/or services, where any such cannabis, cannabis product or cannabinoid hemp or hemp extract product, or any product marketed or labeled as such, accompanies (a) the sale of any tangible or intangible property; or (b) the provision of any service, including, but not limited, to entry or event, or a benefit of a membership to a club, association or other organization. INSTITUTIONAL DISPENSER A facility approved and certified by the State of New York Department of Health as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. MEDICAL MARIJUANA Shall have the same definition as ascribed to medical marihuana in Section 3360 of the New York Public Health Law and which is intended for a certified medical use, as determined by the Commissioner of Health of the State of New York ("Commissioner") in his or her sole discretion. Any form of medical marihuana not approved by the Commissioner is expressly prohibited. MICROBUSINESS A licensee that may act as cannabis producer for the cultivation of cannabis, a cannabis producer for the T cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer. ON-SITE CONSUMPTION SITES AF The consumption of cannabis in an area licensed as provided by the New York State Marijuana Regulation and Tax Act (MRTA), as amended. RETAIL DISPENSARY Any facility or person who sells at retail any cannabis product, the sale of which a license is required R under the provisions of the New York State Marijuana Regulation and Tax Act (MRTA). RETAIL SALE D 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. SMOKE SHOP AND VAPE SHOP Any establishment which offers for sale or consideration cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances, or cannabis paraphernalia, or components reasonably assumed to be use for smoking and/or inhalation or injection of any or products or other substances as a substantial or significant portion of its business, merchandise and/or stock-in-trade. Such establishments include tobacco shops, head shops, nicotine shops, vapor shops and the like. SUBSTANTIAL OR SIGNIFICANT PORTION (1) Substantial or significant portion shall be determined using the following considerations: (a) Amount of floor area and basement space accessible to customers and allotted to the sale or consideration of cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to the total floor area and basement space accessible 14  to customers; and/or (b) Number of cigarettes electronic cigarettes pipes, vape pens, vapors, e-liquids, derivatives, or other like substances stock-in-trade or of any type accessible to customers generally, or as compared to total stock accessible to customers; and/or (c) Revenues derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total revenues; and/or (d) Advertising devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total advertising; and/or (e) Use of the establishment for cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total use thereof. (2) However, notwithstanding the above considerations, the following shall be conclusive in determining substantial or significant portion: (a) Forty percent or more of floor area and basement space accessible to customers allotted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type; and/or T (b) Forty percent or more of its stock-in-trade in cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type; and/or AF (c) Forty percent or more of its gross income derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances; and/or (d) Forty percent or more of its advertising is devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances. TOBACCO OR CANNABIS PARAPHERNALIA R Any equipment, device or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of smoking and tobacco products or cannabinoid products. Items or devices classified as tobacco D or cannabis paraphernalia include, but are not limited to, the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches are excluded from the definition of tobacco or cannabis paraphernalia. Section 3. Article II The Placement of Hookah Lounges, Smoke and/or Vape Shops. Section 4. Article III The Placement of Cannabis Establishments and Uses. Section 264-113 E. LOCATION AND SIGNAGE. 1. Presumption: The sale of any cannabis, cannabinoid, cannabinoid hemp, medical cannabis, hemp extract and cannabis 15 products including cigarettes, pipes, vape pens, vapors, e-liquids shall automatically designate a building or premise substantially engaged in the sale of cannabis and therefore subject to the requirements of Article III of Chapter 264 of the Schenectady City Code. 2. Locations of Cannabis Establishments and Uses: Cannabis Establishments as defined above and as licensed pursuant to and defined by the MRTA shall be limited to the M-1, M-2, C-4, and C-5 zoned districts and in the C-2 and C-3 zoned districts subject to a Special Use Permit per ARTICLE XIV and Site Plan Approval per ARTICLE XIII of Chapter 264 and further subject to the regulations set forth in this Article: a. The lot line of any property of between Cannabis Establishments shall be those set the New York State Office of Cannabis Management. b. The lot line of a Cannabis Establishment shall not be located within 200-feet of the lot line of all religious properties. c. The lot line of a Cannabis Establishment shall not be located within 500-feet of all education facilities meaning K-12 pursuant to the New York State Education Law. d. T The lot line of a Cannabis Establishment shall not be located within 500-feet of parks and playgrounds. e. f. g. AF The lot line of a Cannabis Establishment shall not be located within 500-feet of child-care centers and youth organizations. The lot line of a Cannabis Establishment shall not be located within 500 feet of any dance studios, batting cages and gymnasiums or similar venues where minors congregate. For the purpose of calculating the distances as set forth above, measurement shall be from the lot line of h. R the Cannabis Establishment to the lot line of the other premises All on-site consumption sites, regardless of where the sites are located in approved zoned districts, will require a Special Use Permit per ARTICLE XIV of Chapter 264. D 3. Signage of Cannabis Establishments: a. There shall be no public display of advertisements for electronic cigarettes, vapor products, smoking paraphernalia, or tobacco products, within 1,500 feet of a school, or place of worship, in accordance with Public Health Law Article 13-F Section 1399-DD-1and such other rules and regulations regarding signage as the New York State Office of Cannabis Management may issue. b. Windows shall be unobstructed by advertisements and/or other materials or smoking paraphernalia. c. The total area of window signs shall not exceed 20% of the total area of the window and blinking, flashing, fluttering, and strobe-light effects are prohibited. Section 5. This Ordinance shall take effect immediately. 16 Approved as to Form __day of January 2025 ____________________ Maxine Barasch, Esq. New language underlined and highlighted. T AF R D 17  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, January 06, 2025 From: Maxine Barasch Subject Chintoman v. City of Schenectady Background Info: Evaluation/Analysis Recommendation Thursday, January 02, 2025 18  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, January 06, 2025 From: Maxine Barasch Subject Broadview Associates v. City of Schenectady Tax Certiotari Background Info: Evaluation/Analysis Recommendation Thursday, January 02, 2025 19  SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, January 06, 2025 From: Maxine Barasch Subject Frank Longo v. City of Schenectady Tax Certiorari Background Info: Evaluation/Analysis Recommendation Thursday, January 02, 2025 20