1. Active Calendar 1.I. Active Calendar February 6 2023 Documents: ACTIVE CALENDAR FEBRUARY 6 2023.PDF 2. Supporting Legislation 2.I. February 6, 2023 Documents: FEBRUARY 6, 2023.PDF 2.II. Local Law N Of 2022 (Finance)- INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION Documents: LOCAL LAW N OF 2022 (FINANCE)- INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION.PDF 2.III. Local Law O Of 2022 (Finance)- TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION Documents: LOCAL LAW O OF 2022 (FINANCE)- TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION.PDF 3. Ordinance 21.91.22 (Johnson)- Directing The Grant To Historic Mansion Hill Limited Partnership Of An Easement In The City Of Albany Documents: ORDINANCE 21.91.22 (JOHNSON)- DIRECTING THE GRANT TO HISTORIC MANSION HILL LIMITED PARTNERSHIP OF AN EASEMENT IN THE CITY OF ALBANY.PDF 4. Ordinance 24.111.22 (Love) AUTHORIZING THE SALE TO THE ALBANY COUNTY HISTORICAL ASSOCAITION OF 142 LIVINGSTON AVENUE Documents: ORDINANCE 24.111.22 (LOVE) AUTHORIZING THE SALE TO THE ALBANY COUNTY HISTORICAL ASSOCAITION OF 142 LIVINGSTON AVENUE.PDF 5. Ordinance 25.111.22 (Finance) AUTHORIZING ISSUANCE OF QUITCLAIM DEEDS TO THE CITY SCHOOL DISTRICT Documents: ORDINANCE 25.111.22 (FINANCE) AUTHORIZING ISSUANCE OF QUITCLAIM DEEDS TO THE CITY SCHOOL DISTRICT.PDF 6. DEEDS TO THE CITY SCHOOL DISTRICT.PDF 6. Minutes 7. Majority Consent (MC) 8. Supporting Document 9. Written Comment 10. Amended Legislation 11. Meeting Agenda 11.I. 23 Agenda 0206 Documents: 23 AGENDA 0206.PDF Page 1 of 2 Albany Common Council Active Calendar Meeting of Monday, February 6, 2022 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held (a) Local Law N 9 Frederick, on A LOCAL LAW AMENDING of 2022 Behalf of Finance ARTICLE III (SENIOR CITIZENS TAX EXEMPTION) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OFALBANY TO INCREASE THE MAXIMUMINCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION Local Laws Held (a) Local Law O 10 Frederick, on A LOCAL LAW AMENDING of 2022 Behalf of Finance ARTICLE XIII(EXEMPTION FOR DISABLED PERSONS WITHLIMITED INCOME) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THEMAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLETO THE EXEMPTION Local Laws Held (b) Local Law P of 11 Kimbrough ALOCAL LAW AMENDING 2022 CHAPTER 167 (ELECTIONS) OF THE CODE OF THE CITY OF ALBANY INRELATION TO UPDATING WARD BOUNDARIES TO REFLECT DATA FROM THE 2020 CENSUS Ordinances Held (a) Ordinance 4 Johnson AN ORDINANCE 21.91.22 AUTHORIZING AND DIRECTING THEGRANT TO HISTORIC MANSION HILL LIMITED PARTNERSHIP OF AN EASEMENT IN THE CITYOF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF THE ASH GROVE PLACE COMMONALLEY (TAX MAP NUMBER 76.49-3-57) FOR THE CONSTRUCTION AND MAINTENANE OF AN ADACOMPLIANT RAMP Ordinances Held (a) Ordinance 6 Love AN ORDINANCE 24.111.22 AUTHORIZINGPageTHE2SALE of 2 TOTHE ALBANY COUNTY HISTORICAL ASSOCIATION OF 142 LIVINGSTON AVENUE (TAX MAPPARCEL NUMBER 65.74-4-13), 35 TEN BROECK PLACE (TAX MAP PARCEL NUMBER65.74-4- 20), AND 37 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-21) Ordinances Held (a) Ordinance 7 Frederick, on AN ORDINANCE 25.111.22 Behalf of Finance AUTHORIZING ISSUANCE OFQUITCLAIM DEEDS TO THE CITY SCHOOL DISTRICT OF ALBANY FOR VARIOUS PROPERTIES Resolutions Introduced (a) 7.21.23R Adams A RESOLUTION OF THE COMMON COUNCIL THANKING THE STATE GOVERNMENT FOR ITS PASSAGE AND SIGNING OF THE TENANT DIGNITY AND SAFE HOUSING ACT Resolutions Introduced (a) 8.21.23R Anane A RESOLUTION OF THE COMMON COUNCIL TO PROMOTE EQUITY IN PEDESTRIAN SAFETY AND MOBILITY BY IMPROVING SNOW AND ICE REMOVAL FROM CITY SIDEWALKS, STREET CROSSINGS AND BUS STOPS (a) Pending Discussions at Caucus on Wednesday, February 1, 2022 @5:30pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (b) Pending discussions at Council Operations and Ethics Meeting, February 2, 2022 @ 5:30pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (1/27/2023) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION FEBRUARY 6, 2023 ORDINANCES 3.21.23 AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF DEWITT STREET IN THE CITY OF ALBANY, NEW YORK 4.21.23 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF DEWITT STREET IN THE CITY OF ALBANY, NEW YORK TO WHITNEY M. YOUNG, JR. HEALTH 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING 6.21.23 AN ORDINANCE AMENDING ORDINANCE NUMBER 44.112.22 (AS AMENDED 1/5/2023), WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,200,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $1,200,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – TRAFFIC SIGNALS) BY INCREASING SUCH AUTHORIZATION TO $1,400,000 RESOLUTIONS 7.21.23R A RESOLUTION OF THE COMMON COUNCIL THANKING THE STATE GOVERNMENT FOR ITS PASSAGE AND SIGNING OF THE TENANT DIGNITY AND SAFE HOUSING ACT 8.21.23R A RESOLUTION OF THE COMMON COUNCIL TO PROMOTE EQUITY IN PEDESTRIAN SAFETY AND MOBILITY BY IMPROVING SNOW AND ICE REMOVAL FROM CITY SIDEWALKS, STREET CROSSINGS AND BUS STOPS 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR Council Member Kimbrough introduced the following: ORDINANCE 3.21.23 AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF DEWITT STREET IN THE CITY OF ALBANY, NEW YORK The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that DeWitt Street, an approximately 188 linear foot road running perpendicular to Montgomery Street, be discontinued and closed upon conveyance of the property as described and authorized in Ordinance 4.21.23. Section 2. It is hereby determined that the right-of-way of said DeWitt Street has been abandoned for municipal or public purposes. Section 3. This ordinance shall take effect after public hearing and final passage. APPROVED AS TO FORM THIS 19TH DAY OF JANUARY, 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: January 19, 2023 Sponsor: Kimbrough ORDINANCE 3.21.23 TITLE AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF DEWITT STREET IN THE CITY OF ALBANY, NEW YORK GENERAL PURPOSE OF LEGISLATION This ordinance will close and discontinue DeWitt Street, which will then be sold to Whitney Young Health. Whitney Young owns the only parcel facing DeWitt Street. Whitney Young is planning to expand its current facility on DeWitt Street, at which it provides medical services, primarily to patients with low or no income. The decommissioning and acquisition of the current DeWitt Street right-of-way will enable Whitney Young to do so by consolidating the parcel that will be created from DeWitt Street with two other parcels it currently owns, which consolidation will be a condition of the sale. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Closing and discontinuance of rights-of-way requires legislative action, which is accomplished by ordinance. FISCAL IMPACT(S) None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Kimbrough introduced the following: Ordinance 4.21.23 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF DEWITT STREET IN THE CITY OF ALBANY, NEW YORK, TO WHITNEY M. YOUNG, JR. HEALTH The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to DeWitt Street be conveyed, pursuant to the provisions of Local Law No. 4 of 1984, to Whitney M. Young, Jr. Health, SUBJECT to all easements, restrictions, and rights-of-way of record. Section 2. It is hereby determined that the aforesaid property has ben abandoned for municipal or public purposes. Section 3. The form, content, terms, and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and, if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 19TH DAY OF JANUARY, 2023 _________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: January 19, 2023 Sponsor: Kimbrough ORDINANCE 4.21.23 TITLE AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF DEWITT STREET IN THE CITY OF ALBANY, NEW YORK, TO WHITNEY M. YOUNG, JR. HEALTH GENERAL PURPOSE OF LEGISLATION Whitney Young Health wishes to purchase the decommissioned right-of-way of DeWitt Street (which would be decommissioned by Ordinance 3.21.23) in order to expand their existing health clinic on DeWitt Street. Whitney Young will be required to consolidate the former right-of-way with parcels they already own. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Under Local Law 4 of 1984, the sale of City-owned property requires Council approval by a three- fourths majority vote. This is accomplished by ordinance. FISCAL IMPACT Whitney Young will pay the fair market value for the property. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Anane introduced the following: ORDINANCE 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 255-3 (Enforcement Guidelines) of Article I (Loitering; Disturbances; Defacing of Property) of Chapter 255 (Peace and Good Order) of Part II (General Legislation) of the Code of the City of Albany is hereby to read as follows: § 255-3 Enforcement Guidelines A. Probable cause. Probable cause to charge or arrest any person for a violation of this article shall arise only when the law enforcement officer personally has observed either the commission by such person of some definable impermissible or illegal act as set forth hereinabove. B. Failure to explain presence. The failure of any person to offer an explanation of his or her purpose in being at a particular place shall not, in and of itself, constitute a violation of this article. Section 2. This ordinance shall take effect immediately. Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: January 24, 2023 Sponsor: Council Member Anane ORDINANCE 5.21.23 TITLE AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING GENERAL PURPOSE OF LEGISLATION The purpose of this legislation is to permit enforcement of Albany’s loitering laws when there is recorded evidence that a suspect has been in violation of the law. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The recent rise in crime has left citizens feeling less safe than before. Loitering individuals can be harmful to local businesses, deterring prospective customers, particularly when those individuals are engaging in other criminal activity. The current loitering law requires an officer to “personally observe the commission of a criminal or impermissible act. This leaves the police unable to protect businesses if, for instance, the loitering individual is no longer performing the illegal act when the officer arrives. This ordinance would empower the police to better protect local businesses and restore those businesses faith in the police, since they would be better able to enforce our laws. FISCAL IMPACT(S) None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: ORDINANCE 6.21.23 AN ORDINANCE AMENDING ORDINANCE NUMBER 44.112.22 (AS AMENDED 1/5/2023), WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,200,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $1,200,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – TRAFFIC SIGNALS) BY INCREASING SUCH AUTHORIZATION TO $1,400,000 The City of Albany, in Common Council Convened, does hereby ordain and enact: Section 1. Sections 1 and 2 of Ordinance 44.112.22 (As Amended 1/5/23), passed by the Common Council on January 5, 2023, are hereby amended to read as follows: Section 1. The objects or purposes to be authorized and financed pursuant to this ordinance are set forth below, together with estimates of the maximum estimated costs thereof; determinations of the periods of probable usefulness thereof and the subparagraphs of Section 11.00(a) of the New York Local Finance Law pursuant to which it is determined; the maximum amount of the bonds to be issued with respect to such object or purpose and the maximum term of the obligations to be issued with respect to each project or purpose: Object or Purpose: Design, acquisition, and installation of traffic signals and signal systems City-wide Local Finance Law Section 11 Subparagraph: (a)(72)(a) Period of Probable Usefulness: 20 years Maximum Term of Obligations: 20 years Maximum Estimated Cost: $1,200,00 $1,400,000 Maximum Amount of Bonds: $1,200,00 $1,400,000 Treasurer’s Bond Authorization Number(s) S-23 Treasurer’s Project Number(s); GH312033109319 Section 2. The plan of financing such objects or purposes is the lease financing of or the issuance of $1,200,000.00 $1,400,000.00 serial bonds hereby authorized to be issued. Section 2. Ordinance 44.112.22 (As Amended 1/5/23), as herein amended, is hereby ratified, continued, and approved. Section 3. This ordinance shall take effect immediately. Matter in strikethrough to be deleted. Matter underlined is new material. APPROVED AS TO FORM THIS 26TH DAY OF JANUARY, 2023 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: January 26, 2023 Sponsor: Frederick, o/b/o Finance Committee ORDINANCE 6.21.23 TITLE AN ORDINANCE AMENDING ORDINANCE NUMBER 44.112.22 (AS AMENDED 1/5/2023) WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,200,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $1,200,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – TRAFFIC SIGNALS) BY INCREASING SUCH AUTHORIZATION TO $1,400,000 GENERAL PURPOSE OF LEGISLATION As part of its amendments made to the 2023 City budget as proposed by the Mayor, the Common Council added $200,000 in Capital Fund expenditures for traffic signal replacements. This project was to be funded by bonding in the amount of $1,200,000 as authorized by Ordinance 44.112.22 (As Amended 1/5/2023). However, with the Council’s addition of $200,000 to this project, the previously-authorized $1.2 million bond amount is not able to cover the full $1.4 million capital expenditure now set out in the budget. Thus, the Council is asked to authorize a commensurate increase of $200,000 in the amount for which the City can bond for this project. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The increase in the authorized amount for bonding is accomplished by using a new ordinance to amend the previous ordinance which initially authorized the bond. FISCAL IMPACT The City will add $200,000 to the 20-year life of the bond. Council Member Adams introduced the following: RESOLUTION NUMBER 7.21.23R A RESOLUTION OF THE COMMON COUNCIL THANKING THE STATE GOVERNMENT FOR ITS PASSAGE AND SIGNING OF THE TENANT DIGNITY AND SAFE HOUSING ACT WHEREAS, many tenants in Albany and throughout New York State continue to suffer at the hands of unscrupulous landlords; and WHEREAS, those landlords continue to collect rent from tenants despite a repeated history of health, safety and code violations; and WHEREAS, these tenants often face retaliatory eviction when contacting local authorities to complain about these terrible conditions; and WHEREAS, the New York State Senate and Assembly have passed the Tenant Dignity and Safe Housing Act, numbered S4595B and A345 of the 2021 to 2022 legislative session respectively; and WHEREAS, Governor Kathy Hochul signed this act into law on January 3rd, 2023; and WHEREAS, the enactment of this law will have far reaching positive impacts for tenants across New York by creating a simplified summary proceeding for tenants outside of New York City, such as those in City of Albany, to bring actions against landlords for habitability and housing code violations. Previously, tenants were required to wait for an eviction proceeding to be taken against them before taking action themselves; and WHEREAS, under this new law, a tenant can file an action with a simple form. This also requires the court to notify the Department of Buildings & Regulatory Compliance, ensuring that the City of Albany will be able to better protect tenants from abusive landlords; and WHEREAS, increasing access to the courts for tenants will help them and City of Albany officials to enforce claims against bad landlords for code, health and safety violations, thereby improving the health and safety of our residents and ensuring more residents can stay in their homes; NOW THEREFORE, BE IT RESOLVED that the Common Council of the City of Albany hereby thanks the New York State Senate, Assembly, and Governor Kathy Hochul for their work passing the Tenant Dignity and Safe Housing Act and their dedication to helping tenants across New York State. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: January 24, 2023 SPONSOR Council Member Adams RESOLUTION NUMBER 7.21.23R TITLE A RESOLUTION THANKING THE STATE GOVERNMENT FOR ITS PASSAGE AND SIGNING OF THE TENANT DIGNITY AND SAFE HOUSING ACT GENERAL PURPOSE OF LEGISLATION Thanking the New York State Government, specifically the Senate, Assembly, and Governor, for their work passing and signing legislation that would protect Tenants by improving their access to the Court System. NECESSITY OF LEGISLATION Housing is one of the most important factors in ensuring the health, safety, and well-being of the people of Albany and the state of New York. For many years, tenants and their advocates have struggled to make changes in State Government. However, recently the state has adopted improved housing policy, which provides renters outside of New York City, such as within the City of Albany, more access to the courts and better enables the Albany to assist its residents. The state should be commended when they enact positive legislation on critical issues like housing. Therefore, this resolution is necessary to demonstrate Albany’s appreciation for legislation that protects tenants both within Albany and beyond to the rest of the State. FISCAL IMPACT(S) None. Councilmember Anane introduced the following: RESOLUTION NUMBER 8.21.23R A RESOLUTION OF THE COMMON COUNCIL TO PROMOTE EQUITY IN PEDESTRIAN SAFETY AND MOBILITY BY IMPROVING SNOW AND ICE REMOVAL FROM CITY SIDEWALKS, STREET CROSSINGS AND BUS STOPS WHEREAS, the City of Albany is subject to significant intermittent snowfall and ice storms over a period of five months in every year, which impede the mobility and safety of its residents; and WHEREAS, great efforts have been made and considerable resources expended annually by the City to clear its streets of snow and ice for vehicle traffic and parking by instituting a citywide snow emergency plan; and WHEREAS, it is only fair and equitable that individuals who walk or take public transportation have comparable safe access to City streets and sidewalks after significant snow and ice storms; and WHEREAS, some improvements have been made to reduce the time period by which property owners are required to clear their sidewalks; and WHEREAS, the City does clear a certain number of sidewalks and street corners of snow and ice on a regular basis to improve pedestrian access; and WHEREAS, the Capital District Transportation Authority does clear snow and ice at high volume bus stops on a regular basis; and WHEREAS, these efforts remain insufficient because snow and ice removal continues to be a significant obstacle across the City for all pedestrians, particularly low income and disabled individuals, seniors and children; and WHEREAS, crossing at street corners or waiting at bus stops caked with large mounds of ice and snow place all pedestrians, but particularly the young, elderly and disabled, at risk of serious injury; and WHEREAS, the education of young children is seriously impaired because families who depend on walking or bus transportation are more likely to keep the children home during winter months because of the treacherous condition of the sidewalks; and WHEREAS, a high percentage of residents in the City of Albany do not have access to a personal vehicle and are dependent on either walking or taking public transportation to fulfill essential daily tasks and obligations; and WHEREAS, establishing equity for Albany residents by reducing racial, social and economic disparities in all aspects of public life is a goal of both the Mayor and Common Council; and WHEREAS, the current inability of pedestrians to safely access streets and sidewalks due to snow and ice in the winter months is a major disparity; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and her administration are encouraged take the necessary steps to address the pervasive inequity and disparity that exists with regard to the removal of snow and ice from City sidewalks and streets during the winter months; and BE IT FURTHER RESOLVED, that the Mayor is encouraged to involve the Capital District Transportation Authority in discussions regarding improvements needed to improve pedestrian access to bus stops during winter months; and BE IT FURTHER RESOLVED, that the Mayor and staff are encouraged to solicit input from the community as to improvements needed and potential solutions to effectively clearing snow and ice from streets and sidewalks. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: January 25, 2023 Sponsor: Anane RESOLUTION NUMBER 8.21.23R TITLE A RESOLUTION OF THE COMMON COUNCIL TO PROMOTE EQUITY IN PEDESTRIAN SAFETY AND MOBILITY BY IMPROVING SNOW AND ICE REMOVAL FROM CITY SIDEWALKS, STREET CROSSINGS AND BUS STOPS. GENERAL PURPOSE OF LEGISLATION To promote improvements in the law regarding snow and ice removal from sidewalks, street crossings and bus stops, which will promote equity and parity for residents whose primary mode of travel is walking and/or accessing public transportation with those residents who drive vehicles NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Large snowfalls and ice accumulation during winter months continue to result in impassable street crossings, sidewalks, and inaccessible bus stops. The safety and mobility of low income and disabled individuals, seniors and young children is impeded. Snow removal from City streets for motorized vehicles has been prioritized over pedestrian access to streets and sidewalks creating an inequitable use of public funds and resources that must be addressed. FISCAL IMPACT(S) To be determined Council Member Clarke introduced the following RESOLUTION NUMBER 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR WHEREAS, Beverly Ann Bardequez was born on April 13, 1949 in Albany, NY, and was the daughter of the late Edward and Girlie Ferguson; and WHEREAS, upon graduation from New Lebanon Central High School she was employed by the New York State (NYS) Department of Social Services and later the NYS Department of Health, before leaving to pursue a Bachelor of Arts Degree from The State University of New York at Albany; and WHEREAS, upon her graduation, Beverly obtained employment with the Educational Opportunity Center, a Division of Hudson Valley Community College in Troy, NY, where she worked as the Enrollment Services Manager until her retirement; and WHEREAS, Beverly took pride in assuming her role as the President of the Rapp Road Historic Association formerly held by Emma Dickson and worked tirelessly to preserve the Rapp Road legacy; and WHEREAS, during her tenure as President, the “Crossroads: The History of Rapp Road and the Great Migration” documentary was featured on PBS, and the Rapp Road Historic Association walking tour was established; and WHEREAS, the Rapp Road Historic Association exhibit was featured and presented at many locations throughout New York State, including the New York State Museum; and WHEREAS, Beverly was recognized for her dedication to the association, receiving numerous citations and awards – most notably in 2003 when she was the recipient of the Chancellor’s Award; and WHEREAS, she has been posthumously awarded the Certificate of Special Congressional Recognition at the 11th Annual Mississippi Day Celebration on September 10, 2022 and received recognition from the Albany Common Council for her contributions to the city of Albany on October 17th, 2022; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany honors the life and legacy of Beverly Bardequez and renames the portion of Rapp Road between South Frontage Road and Springsteen Road in her honor; and BE IT FURTHER RESOLVED, that the Common Council directs that two signs shall be produced reading “Beverly Bardequez Way,” which shall be placed in consultation with the Division of Traffic Engineering. To: Danielle Gillespie, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: January 27, 2023 RESOLUTION NUMBER 9.21.23R TITLE A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR GENERAL PURPOSE OF LEGISLATION To officially celebrate the contributions of Beverly Bardequez by renaming a portion of Rapp Road and create an honorary street sign at the proposed location. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW To rename a portion or Rapp Road after Beverly Bardequez, whose valuable contributions to the City of Albany merit this honor. FISCAL IMPACT None. Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following: LOCAL LAW N OF 2022 A LOCAL LAW AMENDING ARTICLE III (SENIOR CITIZENS TAX EXEMPTION) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION Be it enacted by the Common Council of the City of Albany as follows: Section 1. Subsections (A) and (B) of section 333-34 (Eligibility) of Article III (Senior Citizens Tax Exemption) of Chapter 333 (Taxation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: A. Pursuant to § 467 of the Real Property Tax Law of the State of New York, real property located in the City of Albany and owned by one or more persons, each of whom is 65 years of age or over, or real property owned by the husband and wife spouses, one of whom is 65 years of age or over, shall be exempt from taxation according to the following eligibility schedule: Percentage of Assessed Value Annual Income Exempt from Taxation $29,000 $50,000 or less 50% More than $29,000 $50,000 and up to $30,000 $51,000 45% More than $30,000 $51,000 and up to $31,000 $52,000 40% More than $31,000 $52,000 and up to $32,000 $53,000 35% More than $32,000 $53,000 and up to $32,900 $53,900 30% More than $32,900 $53,900 and up to $33,800 $54,800 25% More than $33,800 $54,800 and up to $34,700 $55,700 20% More than $34,700 $55,700 and up to $35,600 $56,600 15% More than $35,600 $56,600 and up to $36,500 $57,500 10% More than $36,500 $57,500 and up to $37,400 $58,400 5% More than $37,400 $58,400 0% B. The real property tax exemption provided here on real property owned by husband and wife spouses, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age. Section 2. Subsections (A) and (B) of Section 333-35 (Exceptions) of Article III (Senior Citizens Tax Exemption) of Chapter 333 (Taxation) of Part II (General Legislation of the Code of the City of Albany is hereby amended to read as follows: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds $37,400 $58,400. “Income tax year” shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year; where title is vested in either the husband or his wife spouse, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings and net income for self-employment, but shall not include a return of capital, gifts or inheritance. In computing net rental income and net income for self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. B. Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least 24 consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wife spouse in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife spouse, the time of ownership of the property by the deceased husband or wife spouse shall be deemed also a time of ownership by the survivor, and such ownership shall be deemed continuous for the purposes of computing such period of 24 consecutive months, provided further that in the event of a transfer by either a husband or wife spouse to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse, and such ownership shall be deemed continuous for the purpose of computing such period of 24 consecutive months, and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption, and such periods of ownership shall be deemed to be consecutive for purposes of this section. Where a residence is sold and replaced with another within one year and both are located in the City of Albany, the period of ownership of the former shall be combined with the period of ownership of the replacement residence and deemed consecutive for exemption purposes. Section 3. This Local Law shall take effect upon final passage, public hearing, and filing with the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on and after January 1, 2023. APPROVED AS TO FORM THIS 21ST DAY OF OCTOBER, 2022 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 21, 2022 Sponsor: Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee Local Law N of 2022 TITLE A LOCAL LAW AMENDING ARTICLE III (SENIOR CITIZENS TAX EXEMPTION) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION GENERAL PURPOSE OF LEGSLATION The City of Albany’s senior citizen property tax exemption, codified at Code § 333-34 et seq., is authorized by and based upon section 467 of the state Real Property Tax Law. The assessed value of property owned by qualifying seniors is, under these statutes, exempt from taxation at a sliding rate, dependent upon the owner(s)’ annual income. From 2009 until the enactment of the new state law earlier this year, if a qualifying property owner had an income of $29,000 or less per year, the property was exempt to 50% of its value, while qualifying owners with an income of up to $37,400 received a 5% exemption. By SB 3085, signed into law by Governor Hochul on August 8, 2022, and codified as chapter 488 of the laws of 2022, the Legislature amended RPTL § 467 to increase these eligibility amounts for the first time in thirteen years. Under the amended state law, qualifying owners bringing in up to $50,000 per year may enjoy a 50% exemption while those making up to $58,400 are entitled to an exemption of 5% of their property’s value. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This local law brings the City of Albany’s exemption income eligibility levels in line with those recently authorized by the State. The local law will apply only to assessment rolls prepared on the basis of taxable status dates occurring on an after January 1, 2023. Thus, because of the way the assessment calendar is arranged under the real property tax law, the exemption will not be available to those who fall under the new eligibility brackets until the 2023-24 school tax bills and 2024 City/County tax bills. This local law also replaces the repeated uses of the phrase “husband and wife” present in the current version of the code with the more gender-neutral term “spouse.” FISCAL IMPACT The expansion of the income eligibility ranges for this exemption will mean that more seniors will be able to take advantage of it, which could have an exceedingly minimal impact on the homestead tax rate. Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following: LOCAL LAW O OF 2022 A LOCAL LAW AMENDING ARTICLE XIII (EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOME) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 333-108 (Persons with Disabilities and Limited Incomes) of Article XIII (Exemption for Disabled Persons With Limited Incomes) of Chapter 333 (Taxation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 333-108 Persons with disabilities and limited incomes. Effective as hereinafter provided, there shall be an exemption from taxation for general City purposes to the extent of the percentage of assessed valuation provided in the following schedule determined by the maximum income exemption eligibility level, also provided in the following schedule, up to a maximum of 50% of the assessed valuation of real property owned by a husband or wife person with a disability, or by one spouse, or both spouses, or by siblings, at least one of whom has a disability, or whose income, as hereinafter defined, is limited by reason of such disability: Percentage of Assessed Value Annual Income Exempt from Taxation $29,000 $50,000 or less 50% More than $29,000 $50,000 and up to $30,000 $51,000 45% More than $30,000 $51,000 and up to $31,000 $52,000 40% More than $31,000 $52,000 and up to $32,000 $53,000 35% More than $32,000 $53,000 and up to $32,900 $53,900 30% More than $32,900 $53,900 and up to $33,800 $54,800 25% More than $33,800 $54,800 and up to $34,700 $55,700 20% More than $34,700 $55,700 and up to $35,600 $56,600 15% More than $35,600 $56,600 and up to $36,500 $57,500 10% More than $36,500 $57,500 and up to $37,400 $58,400 5% More than $37,400 $58,400 0% Section 2. Subsection (A) of section 333-114 (Restrictions) of Article XIII (Exemption for Disabled Persons With Limited Income) of Chapter 333 (Taxation) of Part II (General Legislation of the Code of the City of Albany is hereby amended to read as follows: No exemption shall be granted: Matter in strikethrough to be deleted. Matter underlined is new material. A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sums authorized by the provisions of § 459-c of the Real Property Tax Law. “Income tax year” shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year. Where title is vested in either the husband or wife spouse, their combined income may not exceed such sum, except where the husband or wife one spouse, or ex-husband or ex-wife ex- spouse, is absent from the property due to divorce, legal separation or abandonment, then only the income of the spouse or ex-spouse residing in the property shall be considered and may not exceed such sum. Where title is vested in siblings, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings and net income from self-employment; but shall not include a return of capital, gifts, inheritance or moneys earned through employment in the foster grandparent program and any such income shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid by insurance. In computing net rental income and net income from self-employment, net depreciation deduction shall be allowed for the exhaustion or wear and tear of real or personal property held for the production of income. Section 3. This Local Law shall take effect upon final passage, public hearing, and filing with the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on and after January 1, 2023. APPROVED AS TO FORM THIS 27TH DAY OF OCTOBER, 2022 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 27, 2022 Sponsor: Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee Local Law O of 2022 TITLE A LOCAL LAW AMENDING ARTICLE XIII (EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOME) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION GENERAL PURPOSE OF LEGSLATION The City of Albany’s property tax exemption for persons with disabilities and with limited incomes, codified at Code § 333-108 et seq., is authorized by and based upon section 459-c of the state Real Property Tax Law. The assessed value of property owned by qualifying individuals is, under this statute, exempt from taxation at a sliding rate, dependent upon the owner(s)’ annual income. From 2009 until the enactment of the a state law earlier this year, if a qualifying property owner had an income of $29,000 or less per year, the property was exempt to 50% of its value, while qualifying owners with an income of up to $37,400 received a 5% exemption. By SB 3085, signed into law by Governor Hochul on August 8, 2022, and codified as chapter 488 of the laws of 2022, the Legislature amended RPTL § 459-c to increase these eligibility amounts for the first time in thirteen years. Under the amended state law, qualifying owners bringing in up to $50,000 per year may enjoy a 50% exemption while those making up to $58,400 are entitled to an exemption of 5% of their property’s value. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This local law brings the City of Albany’s exemption income eligibility levels in line with those recently authorized by the State. The local law will apply only to assessment rolls prepared on the basis of taxable status dates occurring on an after January 1, 2023. Thus, because of the way the assessment calendar is arranged under the real property tax law, the exemption will not be reflected for those who fall under the new eligibility brackets until the 2023-24 school tax bills and 2024 City/County tax bills. Code § 333-108 as currently written prior to this local law seems, if strictly construed, to have mistakenly technically prevented individuals with disabilities and low incomes from enjoying the Matter in strikethrough to be deleted. Matter underlined is new material. exemption, because the section only applied to “real property owned by a husband or wife, or both, or by siblings, at least one of whom has a disability…” This local law corrects that error (which is not present in the authorizing state statute) by changing the language to “real property owned by a person with a disability, or one spouse, or both spouses, or by siblings, at least one of whom has a disability.” This change, as well as those made to § 333-114, also replaces the repeated uses of the phrase “husband and wife” present in the current version of the Code with the more gender-neutral term “spouse.” FISCAL IMPACT The expansion of the income eligibility ranges for this exemption will mean that more qualifying property owners will be able to take advantage of it, which could have an exceedingly minimal impact on the homestead tax rate. Matter in strikethrough to be deleted. Matter underlined is new material. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Johnson introduced the following: ORDINANCE 21.91.22 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO HISTORIC MANSION HILL LIMITED PARTNERSHIP OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF THE ASH GROVE PLACE COMMON ALLEY (TAX MAP NUMBER 76.49-3-57) FOR THE CONSTRUCTION AND MAINTENANCE OF AN ADA COMPLIANT RAMP The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. The City of Albany is hereby authorized to grant an easement to Historic Mansion Hill Limited Partnership over a portion of the Ash Grove Place Common Alley right-of- way in the area of 112 Grand Street, in the City of Albany for the purpose of construction and maintenance of an ADA compliant ramp as requested by the property owner, and as described more fully in the legal description attached hereto. Section 2. The form, content, terms and conditions of such easement shall be approved by the Corporation Counsel. Section 3. The Grantee shall not hinder, interfere with, prevent, delay, obstruct, or adversely affect the Grantor in the reasonable exercise of its governmental operations or functions. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 25TH DAY OF AUGUST, 2022 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 25, 2022 Sponsor: Council Member Johnson ORDINANCE 21.91.22 TITLE AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO HISTORIC MANSION HILL LIMITED PARTNERSHIP OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF THE ASH GROVE PLACE COMMON ALLEY (TAX MAP PARCEL 76.49-3-57) FOR THE CONSTRUCTION AND MAINTENANCE OF AN ADA COMPLIANT RAMP GENERAL PURPOSE OF THE LEGISLATION Historic Mansion Hill Limited Partnership, which owns and operates a number of affordable housing rental properties in the Mansion District, requests an easement to make improvements to the 65 ft.2 of city-owned common alleyway behind 112 Grand Street in order to build and maintain an ADA-compliant access ramp from 112 Grand Street to the lot formerly having an address of 12 Ash Grove Place (now merged with 104 Grand Street), which the Partnership also owns. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Common Council approval is required for land transactions, such as the granting of a permanent easement in the City’s right-of-way. FISCAL IMPACT None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Love introduced the following: Ordinance Number 24.111.22 AN ORDINANCE AUTHORIZING THE SALE TO THE ALBANY COUNTY HISTORICAL ASSOCIATION OF 142 LIVINGSTON AVENUE (TAX MAP PARCEL NUMBER 65.74-4-13), 35 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74- 4-20), AND 37 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-21) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the 0.05± acre parcel known as 142 Livingston Street (tax map parcel number 65.74-4-13), the 0.08± acre parcel known as 35 Ten Broeck Place (tax map parcel number 65.74- 4-20), and the 0.08± acre parcel known as 37 Ten Broeck Place (tax map parcel number 65.74-4- 21) be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to the Albany County Historical Association, SUBJECT to all easements, restrictions and rights-of-way of record. Section 2. It is hereby determined that the aforesaid properties have been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 19TH DAY OF OCTOBER, 2022. _________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 19, 2022 Sponsor: Council Member Love ORDINANCE NUMBER 24.111.22 TITLE AN ORDINANCE AUTHORIZING THE SALE TO THE ALBANY COUNTY HISTORICAL ASSOCIATION OF 142 LIVINGSTON AVENUE (TAX MAP PARCEL NUMBER 65.74-4-13), 35 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-20), AND 37 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-21) GENERAL PURPOSE OF LEGISLATION The Albany County Historical Association, which owns and is headquartered at the Ten Broeck Mansion in the Ten Broeck triangle, seeks to purchase three city-owned lots which abut Mansion properties already owned by the Association, and which comprise, in part, the Mansion’s parking lot. The two lots on Ten Broeck Place will continue in their use as parking for the Mansion, but ownership by the ACHA will allow it to stripe it and paint crosswalks for enhanced safety, and also allow the ACHA to periodically close these spaces at night due to security issues, which have in the past included sexual activity, drinking, trash/defecation/disruptive behavior, and drug sales and use. Since the ACHA does not currently own these lots (but people drive through ACHA property to access them), they cannot post signs on them. The Livingston Ave lot will be used for ADA accessible walkways into the 4 acres of greenspace and gardens which the ACHA has open to the community, with educational programs, art programs, and tours. The form, content, terms and conditions of the conveyance, once authorized, will be approved by the Corporation Counsel. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Under Local Law 4 of 1984, the sale of City-owned property requires Council approval by a three- fourths majority vote. This is accomplished by ordinance. SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION The subject parcels, 142 Livingston Street, and 35 and 37 Ten Broeck Place, are all contiguous to properties currently owned by the ACHA. ACHA already uses and maintains, under an agreement with the City, the Ten Broeck Place parcels as part of its parking lot. 142 Livingston is a vacant lot adjacent to two other vacant lots owned by the ACHA and ultimately contiguous to the Ten Broeck Mansion parcel. FISCAL IMPACT(S) ACHA will pay the assessed value for each parcel: $1,500 for 142 Livingston Avenue, $2,600 for 35 Ten Broeck Place, and $3,500 for 37 Ten Broeck Place. Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee, introduced the following: Ordinance Number 25.111.22 AN ORDINANCE AUTHORIZING ISSUANCE OF QUITCLAIM DEEDS TO THE CITY SCHOOL DISTRICT OF ALBANY FOR VARIOUS PROPERTIES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the properties described below be granted to the City School District of the City of Albany: Physical Address Address on Assessment Acreage Tax Map No. Roll or in Boundary Agmt. 41 North Allen Street 37 North Allen Street 1.64± 64.51-2-7 1 Arbor Drive Lark Drive 17.5± 65.15-2-10 43 Bertha Street 1.03± 76.61-3-11 676 Clinton Avenue 666 Clinton Avenue 0.74± 65.46-1-13 45 Delaware Avenue 75 Delaware Avenue 3.80± 76.9-2-21 94 Delaware Avenue 4.50± 76.10-1-1 274 South Pearl Street 296 South Pearl Street 5.90± 76.15-1-11.1 369 New Scotland Avenue 385 New Scotland Avenue 1.96± 75.27-1-37 65 Tremont Street 45 Tremont Street 3.00± 53.66-2-19 108 Whitehall Road 124 Whitehall Road 4.60± 75.67-2-1 SUBJECT to all easements, restrictions and rights-of-way of record. Section 2. It is hereby determined that the aforesaid properties have been abandoned for municipal or public purposes. Section 3. The form, content, terms and conditions of such conveyances shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for a valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 20TH DAY OF OCTOBER, 2022 _________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 20, 2022 Sponsor: Council Member Frederick, on behalf of the Finance, Taxation and Assessment Committee ORDINANCE NUMBER 25.111.22 TITLE AN ORDINANCE AUTHORIZING THE SALE OF VARIOUS PROPERTIES TO THE CITY SCHOOL DISTRICT OF ALBANY GENERAL PURPOSE OF LEGISLATION For many years, the Albany City School District was controlled, and its property was owned by, the City of Albany. When the School District became independent it took title to many of its properties, as it ought to have. However, whether on purpose or inadvertently, it seems that the City retained title to certain properties used and operated by the independent School District, while the status of some other properties remains unclear. This ordinance and the transfer it approves are part of a broader effort that will occur over the coming months to clarify the School District’s title to a number of properties it has used and operated for many years. Once approved, the City will deed its interest in the subject property over to the School District by quitclaim deed. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Under Local Law 4 of 1984, the sale of City-owned property requires Council approval by a three- fourths majority vote. This is accomplished by ordinance. SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION The parcels for which title is presently unclear, and for which this ordinance authorizes the City to execute quitclaim deeds, are the parcels on which sit Pine Hills Elementary School, Arbor Hill Elementary School, Delaware Community School, Philip J. Schuyler Achievement Academy, William S. Hackett Middle School, the Thomas O’Brien Academy of Science & Technology, Giffen Memorial Elementary School, New Scotland Elementary School, the Montessori Magnet School, and the Albany School of the Humanities. FISCAL IMPACT(S) The City will not seek any remuneration from the School District, which has owned, operated, and maintained the improvements on the property for many years. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, February 6th, 2023 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment 1 Revised, Thursday, January 19, 2023 NOTICE OF PUBLIC HEARING Notice is hereby given, that the Common Council of the City of Albany will be holding public hearings on February 6, 2023 regarding Local Law P of 2022 and Ordinance 4.12.22 (As Amended 1/5/2023). The Public Hearing will be held at City Hall in the Common Council Chambers, Room 205 at 7:00 p.m. during a Regular Meeting of the Common Council. LOCAL LAW P OF 2022 A LOCAL LAW AMENDING CHAPTER 167 (ELECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO UPDATING WARD BOUNDARIES TO REFLECT DATA FROM THE 2020 CENSUS ORDINANCE 4.21.22 (As Amended on 01/05/23) AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE AFFORDABLE HOUSING REQUIREMENT IN NEW DEVELOPMENTS Anyone wishing to be heard can appear or submit written comments to cityclerk@albanyny.gov. Please make sure you provide your name, contact number, and an email address in your correspondence and reference Public Hearing in the subject line of all emails. Comments and/ or registration must be received before 12:00pm, February 3, 2023. The full text of the ordinance can be viewed on our website at https://www.albanyny.gov/757/Public-Hearing Danielle S. Gillespie City Clerk 2 Revised, Thursday, January 19, 2023 LOCAL LAWS INTRODUCED 3 Revised, Thursday, January 19, 2023 LOCAL LAWS HELD 1. Johnson LOCAL LAW C-2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety* 3. Planning LOCAL LAW G OF 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development, and Land Use Committee* 4. Romero LOCAL LAW I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY 5. Romero LOCAL LAW J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety Committee* 6. Romero LOCAL LAW K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety Committee* 4 Revised, Thursday, January 19, 2023 7. Kimbrough LOCAL LAW L OF 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety Committee* 8. Zamer LOCAL LAW M OF 2022 A LOCAL LAW AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) REDUCING THE SPEED LIMIT OF THE CITY OF ALBANY FROM 30 TO 25 MILES PER HOUR *Referred to Public Safety Committee* 9. Frederick LOCAL LAW N OF 2022 A LOCAL LAW AMENDING ARTICLE III (SENIOR CITIZENS TAX EXEMPTION) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION *Referred to Finance, Assessment and Taxation Committee* 10. Frederick LOCAL LAW O OF 2022 A LOCAL LAW AMENDING ARTICLE XIII (EXEMPTION FOR DISABLED PERSONS WITH LIMITED INCOME) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY TO INCREASE THE MAXIMUM INCOME ELIGIBILITY LEVELS APPLICABLE TO THE EXEMPTION *Referred to Finance, Assessment and Taxation Committee* 11. Kimbrough LOCAL LAW P OF 2022 A LOCAL LAW AMENDING CHAPTER 167 (ELECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO UPDATING WARD BOUNDARIES TO REFLECT DATA FROM THE 2020 CENSUS *Referred to Council Operations and Ethics Committee* 12. Romero LOCAL LAW Q of 2022 A LOCAL LAW AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF 5 Revised, Thursday, January 19, 2023 CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY CODIFYING THE RELATIONSHIP BETWEEN THE COMMISSIONER OF PUBLIC SAFETY AND THE COMMUNITY POLICE REVIEW BOARD *Referred to Public Safety Committee* 13. Keegan LOCAL LAW A of 2023 A LOCAL LAW AMENDING ARTICLE III (EXECUTIVE BRANCH) OF THE CHARTER OF THE CITY OF ALBANY AND VARIOUS PROVISIONS OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF THE DEPARTMENT OF NEIGHBORHOOD AND COMMUNITY SERVICES AND THE POSITION OF COMMISSIONER OF THE DEPARTMENT OF NEIGHBORHOOD AND COMMUNITY SERVICES *Referred to Law, Buildings and Code Enforcement Committee* 6 Revised, Thursday, January 19, 2023 ORDINANCES INTRODUCED 3.21.23 AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF DEWITT STREET IN THE CITY OF ALBANY, NEW YORK 4.21.23 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF DEWITT STREET IN THE CITY OF ALBANY, NEW YORK TO WHITNEY M. YOUNG, JR. HEALTH 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING 6.21.23 AN ORDINANCE AMENDING ORDINANCE NUMBER 44.112.22 (AS AMENDED 1/5/2023), WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,200,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $1,200,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – TRAFFIC SIGNALS) BY INCREASING SUCH AUTHORIZATION TO $1,400,000 7 Revised, Thursday, January 19, 2023 ORDINANCES HELD 1. Balarin Ordinance 4.21.22 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE AFFORDABLE HOUSING REQUIREMENT IN NEW DEVELOPMENTS *Referred to Planning, Economic Development and Land Use* 2. Farrell Ordinance 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to Law, Buildings and Code Enforcement Committee* 3. Love Ordinance 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to Council Operations and Ethics* 4. Johnson Ordinance 21.91.22 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO HISTORIC MANSION HILL LIMITED PARTNERSHIP OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF THE ASH GROVE PLACE COMMON ALLEY (TAX MAP NUMBER 76.49-3-57) FOR THE CONSTRUCTION AND MAINTENANE OF AN ADA COMPLIANT RAMP *Referred to Finance, Assessment, and Taxation Committee* 5. Farrell Ordinance 22.101.22 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY DEFINING MOTORIZED SCOOTERS TO INCLUDE DEVICES WITHOUT HANDLEBARS *Referred to Law, Buildings and Code Enforcement Committee* 8 6. Love Ordinance 24.111.22 AN ORDINANCE AUTHORIZING THE SALE TO THE ALBANY COUNTY HISTORICAL ASSOCIATION OF 142 LIVINGSTON AVENUE (TAX MAP PARCEL NUMBER 65.74-4-13), 35 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74- 4-20), AND 37 TEN BROECK PLACE (TAX MAP PARCEL NUMBER 65.74-4-21) *Referred to Finance, Assessment, and Taxation Committee* 7. Frederick on behalf of the Finance, Assessment and Taxation Committee Ordinance 25.111.22 AN ORDINANCE AUTHORIZING ISSUANCE OF QUITCLAIM DEEDS TO THE CITY SCHOOL DISTRICT OF ALBANY FOR VARIOUS PROPERTIES *Referred to Finance, Assessment, and Taxation Committee* 8. Robinson Ordinance 48.121.22 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF THE CITY-OWNED PARCEL AT 507 FIRST STREET (TAX MAP PARCEL NUMBER 65.47-2- 25) TO SHAWN FORD *Referred to Human Resources and Human Rights* 9. Anane Ordinance 49.121.22 AN ORDINANCE AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT REPORTING REQUIREMENTS *Referred to Public Safety Committee* 10. Robinson Ordinance 1.11.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF TRACTOR TRAILERS ON CITY STREETS *Referred to Law, Buildings and Code Enforcement Committee* 11. Frederick Ordinance 2.11.23 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CLINTON STREET COMMON ALLEY (TAX MAP PARCEL NUMBER 76.72-2-67) TO JUDITH CURRY *Referred to Finance, Assessment, and Taxation Committee* 9 RESOLUTIONS INTRODUCED 7.21.23R A RESOLUTION OF THE COMMON COUNCIL THANKING THE STATE GOVERNMENT FOR ITS PASSAGE AND SIGNING OF THE TENANT DIGNITY AND SAFE HOUSING ACT 8.21.23R A RESOLUTION OF THE COMMON COUNCIL TO PROMOTE EQUITY IN PEDESTRIAN SAFETY AND MOBILITY BY IMPROVING SNOW AND ICE REMOVAL FROM CITY SIDEWALKS, STREET CROSSINGS AND BUS STOPS 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR 10 RESOLUTIONS HELD 1. Hoey Resolution 13.21.22R A RESOLUTION OF THE COMMON COUNCIL REQUESTING THE ALBANY WATER BOARD TO FLOURINATE THE WATER OF THE CITY OF ALBANY *Referred to General Services, Health & Environment Committee* 2. Hoey Resolution 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation, and Family Service Committee* 3. Robinson Resolution 112.111.22R A RESOLUTION OF THE COMMON COUNCIL ELECTING TO PROVIDE THE PENSION BENEFIT OF SECTION 41(j) OF THE RETIREMENT AND SOCIAL SECURITY LAW *Referred to Human Resources and Human Rights Committee* 4. Keegan Resolution 4.12.23R A RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE APPOINTMENT OF FAYE ANDREWS AS COMMISSIONER OF NEIGHBORHOOD AND COMMUNITY SERVICES *Referred to Law, Building and Code Enforcement Committee* 5. Love Resolution 5.12.22R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND CONTRIBUTIONS OF PASTOR JOSEPH ELGIN TAYLOR SR. AND RENAMING A PORTION OF LUDLOW ALLEY IN HIS HONOR *Referred to General Services, Health & Environment Committee* 11