1. Active Calendar 2. Supporting Legislation 2.I. February 22, 2024 | Supporting Legislation Documents: FEBRUARY 22 2024.PDF 2.II. February 22, 2024 | Active Legislation Documents: 240222 ACTIVE LEGISLATION.PDF 2.II.i. Local Law K Of 2023 Supplemental Document Documents: LOCAL LAW K OF 2023 SEQRA REVIEW FINAL PACKET (002).PDF 2.III. Ordinance 76.122.23 Documents: ORDINANCE 76.122.23 (FREDERICK) AMENDING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 280 MOUNT HOPE DRIVE FROM MU-CI TO MU-CH.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. February 22, 2024 | Agenda And Active Calendar Documents: 24 AGENDA-ACTIVE-CALENDAR 0222.PDF COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION FEBRUARY 22, 2024 LOCAL LAWS A of 2024 A LOCAL LAW AMENDING PART 8 (SUSTAINABILITY ADVISORY COMMITTEE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING AND INCREASING THE SIZE OF THE SUSTAINABILITY ADVISORY COMMITTEE RESOLUTIONS 17.22.24R A RESOLUTION OF THE COMMON COUNCIL URGING NEW YORK STATE TO FULLY INVEST IN CRITICAL WATER INFRASTRUCTURE IMPROVEMENTS 18.22.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE PASSAGE OF GOOD CAUSE EVICTION AT THE STATE LEVEL AS WRITTEN 19.22.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE FLUORIDATION OF THE CITY’S WATER SUPPLY AND ISSUING A NEGATIVE DECLARATION Council Member Balarin, on behalf of the Committee on Planning, Economic Development, and Land Use, introduced the following: LOCAL LAW A OF 2024 A LOCAL LAW AMENDING PART 8 (SUSTAINABILITY ADVISORY COMMITTEE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING AND INCREASING THE SIZE OF THE SUSTAINABILITY ADVISORY COMMITTEE Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Part 8 (Sustainability Advisory Committee) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: Part 8 Sustainability Advisory Committee Commission § 42-132 Legislative intent. The City of Albany by Resolution 51.52.09R and Executive Order No. 422-09 has pledged to combat climate change and take action to adopt more sustainable practices by becoming a “Climate Smart Community.” The City of Albany Common Council believes that the social, economic, and environmental aspects of sustainability are key to the successful implementation of the Albany 2030 Plan. Additionally, the City of Albany Common Council believes that there is overwhelming scientific consensus that climate change poses a real and increasing threat to our local and global environments which is primarily due to the burning of fossil fuels. The effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms and food systems, ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens. Reducing greenhouse gas emissions and increasing our community’s resiliency will require sustained and substantial efforts by all levels of government, interest groups, and citizens. Establishment of a Sustainability Advisory Committee Commission is a necessary step in fostering unified action on climate change. § 42-133 Establishment; appointment of members. A. There is hereby established a Sustainability Advisory Committee Commission comprised of 15 19 voting members, five of whom shall be appointed by the Mayor and five seven of whom shall be appointed by the Common Council. The remaining members of the Committee Commission shall be composed of the following: the Commissioner of the Department of General Service, the Commissioner of Development and Planning, the Commissioner of the Water Department, the City Engineer, the Director of Infrastructure Management, the Director of Sustainability, and the head of the Police Traffic Safety Unit, or their designees. Matter in strikethrough to be deleted. Matter underlined is new material. B. The members appointed by the Mayor and Common Council shall be appointed for three- year terms; provided, however, that members initially appointed by the Mayor and Common Council, one shall be for a term of one year, two shall be for a term of two years, and two shall be for a term of three years. C. Members shall continue to serve on the Committee Commission until their successors have been appointed. D. Annually, from among its membership, the Committee Commission shall elect a Chair and such other officers as determined. E. Any vacancy occasioned by resignation, death or removal of a member shall be filled promptly in the same manner as the predecessor to fill the unexpired term. F. The Committee Commission shall have the authority to create subcommittees to focus on specific topics, including, but not limited to, energy, equity, transportation, water, waste, and food systems. Membership on the subcommittees shall be open to the general public at the discretion of the Committee Commission. § 42-134 Qualifications of members. The members of the Committee Commission appointed by the Mayor and Common Council shall reside in the City of Albany and possess a reputation for fairness, integrity and responsibility and have demonstrated an active interest in public affairs and the environment. The Mayor and the Common Council shall reflect community diversity in their appointments, including, but not limited to, income level, race, religion, ethnicity, age, gender and sexual orientation. § 42-135 Meetings; staff. The Committee Commission shall meet no less than six times per year and shall establish a regular meeting calendar which is readily accessible to the public. Meetings of the Committee Commission shall be public and comply with provisions of the Open Meetings Law. The Mayor’s Office of Sustainability as staffed by the Division of Planning shall serve as staff to the Committee Commission. § 42-136 Powers and duties. The Committee Commission shall have the following functions, powers and duties to: A. Study and recommend methods to reduce greenhouse gas emissions, increase energy efficiency, and renewable energy production, conserve water, reduce waste, and employ environmentally responsible products; B. Promote the use of methods, systems, and materials that do not deplete natural land, water, and energy resources or harm natural cycles; C. Encourage the growth of green businesses and green jobs within the City, as well as the adoption of sustainable practices by existing businesses; Matter in strikethrough to be deleted. Matter underlined is new material. D. Work cooperatively with similar task forces in neighboring communities to ensure that efforts complement and reinforce one another; E. Empower every resident of the City, regardless of social demographics or economic means, by informing City residents of practical and attainable ways to live sustainably; F. Consider ways for large academic, governmental, or institutional communities to become more environmentally sensitive; G. Encourage and stimulate City of Albany agencies and departments to take such action as will fulfill the purposes of this Part; H. Make recommendations as necessary and appropriate to the Mayor and the Common Council to effectuate the goals and purposes of this Part. I. Assist with the implementation and monitoring of the Climate Action and Adaptation Plans, as well as the Capital Region Sustainability Plan. § 42-137 Reports. The Committee Commission shall file an annual report in by June 30 of each year with the Common Council and the Mayor summarizing the work and activities of the Committee Commission since the previous June. Section 2. Section 153-8 (Membership of CCA Oversight Board) of Chapter 153 (Community Choice Aggregation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 153-8 Membership of CCA Oversight Board. A. The membership of the CCA Oversight Board shall consist of five members comprised of: two members of the Common Council selected by the President Pro Tem, the Chair of the Sustainability Advisory Committee Commission or his or her designee, the Chief Planning Official or his or her designee, and a Mayoral appointee who is a resident of the City of Albany. B. The Chairperson of this Board shall be chosen amongst the membership by a majority vote. Section 3. This Local Law shall take effect upon passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 9TH DAY OF MARCH, 2024 ________________________________ Matter in strikethrough to be deleted. Matter underlined is new material. Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: February 8, 2024 Sponsor(s): Balarin o/b/o Planning LOCAL LAW A OF 2024 TITLE A LOCAL LAW AMENDING PART 8 (SUSTAINABILITY ADVISORY COMMITTEE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING AND INCREASING THE SIZE OF THE SUSTAINABILITY ADVISORY COMMITTEE GENERAL PURPOSE OF LEGISLATION This local law will rename the Sustainability Advisory Committee to the Sustainability Commission and increase the number of members serving on the Commission from fifteen to nineteen members. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW This legislation renames the Sustainability Advisory Committee to the Sustainability Commission to better align the name of the group with its organizational structure as well as increases the size of the Commission from fifteen to nineteen members. This will allow for greater input from department directors aligned with sustainability efforts and provides additional input from the Community, Mayor, and Common Council. FISCAL IMPACT(S) None. Council Member Hoey introduced the following: RESOLUTION 17.22.24R A RESOLUTION OF THE COMMON COUNCIL URGING NEW YORK STATE TO FULLY INVEST IN CRITICAL WATER INFRASTRUCTURE IMPROVEMENTS WHEREAS, the State of New York has appropriated $500 million for clean water infrastructure projects through the Water Infrastructure Investment Act and Intermunicipal Grant programs in each enacted budget since 2019; and WHEREAS, of the nearly 500 grant applications submitted to the Water Infrastructure Investment and Intermunicipal Grant programs in 2023, only 156 were at least partially funded; and WHEREAS, the American Society of Civil Engineers estimates that New York State must invest at least $44.2 billion to repair and improve its drinking water infrastructure over the next 20 years; and WHEREAS, the City of Albany and Albany County have benefited from over $55 million from Water Infrastructure Investment Act and Intermunicipal Grant projects supporting major water infrastructure upgrades, including Albany water plant capital improvements, the Albany Pool Communities plan, Beaver Creek flow management, and other critical interventions; and WHEREAS, the 90th percentile of lead samples collected in the City of Albany’s water system was 13.13 µg /L, which is less than 2 micrograms per liter shy of the required action level; and WHEREAS, the World Health Organization and the United States Centers for Disease Control both conclude that there is no safe level of lead exposure; and WHEREAS, New York State law grants all people the right to clean water; and WHEREAS, bond counsels have expressed concerns that bonding for the full replacement of lead service lines may violate New York State’s constitution; and WHEREAS, the City cannot reasonably replace all of Albany’s lead service lines in accordance with new and forthcoming US EPA guidelines and mandates without bonding; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council urges New York State to appropriate $600 million for clean water infrastructure projects in the state budget for fiscal year 2025, $100 million of which must support lead service line replacement programs throughout the state; and BE IT FURTHER RESOLVED, that the Albany Common Council urges New York State to explicitly, publicly, and unambiguously clarify the constitutionality of local governments bonding for the full replacement of lead service lines. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: February 8, 2024 Sponsor: Council Member Hoey RESOLUTION 17.22.24R TITLE A RESOLUTION OF THE COMMON COUNCIL COMMON COUNCIL URGING NEW YORK STATE TO FULLY INVEST IN CRITICAL WATER INFRASTRUCTURE IMPROVEMENTS GENERAL PURPOSE OF LEGISLATION This resolution urges New York State to fully invest in critical water infrastructure improvements, including eliminating lead from pipe. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT None. Council Member Balarin introduced the following: RESOLUTION 18.22.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE PASSAGE OF GOOD CAUSE EVICTION AT THE STATE LEVEL AS WRITTEN WHEREAS, according to Census Bureau data, 23% of residents in the City of Albany live below the poverty line, which is twice the national average; and WHEREAS, according to Census Bureau data, 63% of the residents of the City of Albany are renters; and WHEREAS, our city was the first in New York State to enact the Prohibition of Eviction Without Good Cause, in 2021, followed by the Cities of Beacon, Newburgh, Kingston, and Poughkeepsie; and WHEREAS, with the protections inherent to “Good Cause Eviction”, the Bleecker Terrace Tenants Association formed in May of 2022 to oppose prospective rent hikes, landlord misconduct, and no cause lease non-renewals; and WHEREAS, in May 2022, the Albany Common Council passed 50.52.22R, calling on the New York State Governor and Legislature to pass statewide Good Cause Eviction; and WHEREAS, in March of 2023, the Appellate Court of the Third Division of New York State struck down Albany’s local Good Cause Eviction protection on the basis of state preemption; and WHEREAS, in May 2023, the Albany Common Council once again passed 50.52.23R, calling on the New York State Governor and Legislature to pass statewide Good Cause Eviction; and WHEREAS, the New York State Legislature and Governor failed to pass Good Cause Eviction at the State level in 2023, and WHEREAS, thereafter, hundreds of tenants in Albany, including dozens of members of the founding members of the Bleecker Terrace Tenants Association were served with no cause lease non-renewals or egregious rent increases, forcing them to vacate their longtime community; and WHEREAS, in 2024, the New York State Legislature is presently constructing a compromised version of Good Cause Eviction that would leave out Upstate New York, Long Island, and Westchester, while granting these regions the opportunity to opt-in; and WHEREAS, the compromised version of Good Cause Eviction would exempt all landlords with portfolios of 10 or less units, leaving more than 35% of renters in the City of Albany without said protections, and greatly complicating tenants’ utility of the protection due to the propensity of property owners to place rental properties under LLCs; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany supports and endorses S305/A4454 which would bring the right to a lease renewal with limited rent increases to all renters in non-owner occupied buildings in the state as outlined in the Good Cause Eviction legislation; and BE IT FURTHER RESOLVED, that the City of Albany supports and endorses Good Cause Eviction, as written; and BE IT FINALLY RESOLVED that the City Clerk is directed to send a copy of this resolution to Governor Kathy Hochul, New York State Senator Neil Breslin, New York State Assemblymembers Patricia Fahy and John McDonald III, Senate Judiciary Chair Brad Hoylman, Assembly Judiciary Chair Charles Lavine, Senate Housing Chair Brian Kavanagh, and Assembly Housing Chair Linda Rosenthal. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: February 8, 2024 Sponsor: Council Member Balarin RESOLUTION 18.22.24R TITLE A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE PASSAGE OF GOOD CAUSE EVICTION AT THE STATE LEVEL AS WRITTEN GENERAL PURPOSE OF LEGISLATION This resolution urges New York State to pass S305/A4454 which would bring the right to a lease renewal with limited rent increases to all renters in non-owner occupied buildings in the state as outlined in the Good Cause Eviction legislation NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT None. Council Member Hoey introduced the following: RESOLUTION 19.22.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE FLUORIDATION OF THE CITY’S WATER SUPPLY AND ISSUING A NEGATIVE DECLARATION WHEREAS, on October 16, 2023, Council Member Hoey introduced Local Law K of 2023, which would require the addition of fluoride to the City of Albany’s water supply; and WHEREAS, on December 18th, 2023, by resolution 121.122.23R the Common Council declared its intent to Act as the Lead Agency for the State Environmental Quality Review Act (“SEQRA”) review of fluoridation, as proposed in Local Law K of 2023, and determined by that same resolution that the project is an unlisted action under SEQRA; and WHEREAS, the Common Council informed the New York State Department of Health, New York State Department of Environmental Conservation, Albany County Department of Health, the Albany Water Board, and the Albany Municipal Water Finance Authority of its intent to act as Lead Agency, and none expressed any opposition thereto; and WHEREAS, the Common Council has reviewed parts 1, 2, and 3 of the Short Environmental Assessment Form, prepared by Corporation Counsel and the Research Counsel; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby declare itself Lead Agency for this Action; and BE IT FURTHER RESOLVED, having reviewed the above-referenced Short Environmental Assessment Forms, the Common Council determines that the addition of fluoride to the City of Albany’s water supply will not have a negative impact on the environment; and BE IT FURTHER RESOLVED, that the Office of the Corporation Counsel is hereby directed to provide notice hereof to all involved and interested agencies, pursuant to 6 NYCRR 617.6, in writing as soon as practicable. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: February 8, 2024 Sponsor: Council Member Hoey RESOLUTION 19.22.24R TITLE A RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE FLUORIDATION OF THE CITY’S WATER SUPPLY AND ISSUING A NEGATIVE DECLARATION GENERAL PURPOSE OF LEGISLATION As part of the consideration of whether to fluoridate the City’s water supply, the potential environmental impacts of fluoridation must be considered in the context of the State Environmental Quality Review Act (“SEQRA”). The counsel has undertaken a coordinated review, together with involved and interested agencies, of the potential environmental impacts of fluoridation. This resolution formally makes a declaration that there will not be a significant environmental impact. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution formally expresses the Council’s determinations that 1) the Council is the lead agency for the SEQRA review of this action, and 2) that the action will not have a negative impact on the environment, as required under state law. FISCAL IMPACT This resolution will have no fiscal impact. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION FEBRUARY 22, 2024 LOCAL LAWS K of 2023 A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY M of 2023 A LOCAL LAW AMENDING SECTION 604 OF THE CHARTER OF THE CITY OF ALBANY BY CORRECTING A TYPOGRAPHICAL ERROR THEREIN ORDINANCES 34.92.23 AN ORDINANCE AMENDING PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROVIDING DEFIBRILLATORS IN MUNICIPAL WORKPLACES RESOLUTIONS 7.12.24R A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CALLING THE CITY OF ALBANY TO MATCH COUNTY FUNDING TO PERFORM A TRAFFIC STUDY ON RUSSELL ROAD AND BERKSHIRE BOULEVARD 9.12.24R (MC) A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES 13.21.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF BLANCHE KING AND RENAMING A PORTION OF SOUTH SWAN STREET IN HER HONOR 14.21.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF SALVATORE “SAL” TARZIA AND RENAMING A PORTION OF BEAVER STREET IN HIS HONOR Council Member Hoey, Anane, Balarin, Clarke, Farrell, Frederick, Flynn, Keegan, Romero, and Zamer, with the support of Council President Ellis introduced the following: LOCAL LAW K OF 2023 A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY Be it enacted by the Common Council of the City of Albany as follows: Section 1. Chapter 371 (Water and Waterways) of Part II (General Legislation) of the Code of the City of Albany are amended by adding a new Article IX (Fluoridation) to read as follows: § 371-92 Purpose and Findings Pursuant to § 1100-A of the Public Health Law, municipalities which own both their public water system and the water supply for such system may by local law provide whether a fluoride compound shall be added to such public water supply. According to the U.S. Centers for Disease Control, fluoride is very effective in preventing cavities when present in drinking water at an optimal level of 0.7 mg/L. This reduces dental complications later in life, as well as medical expenses, and protects the health of the residents of the City of Albany. § 371-93 Fluoridation of Municipal Water Supply. The Commissioner of the Albany Water Department shall establish rules and regulations necessary to determine the optimal concentration of Fluoride in the water supply in accordance with guidelines from the U.S. Centers for Disease Control, as well as to monitor and maintain that level of Fluoride concentration within the water supply. The Albany Water Department shall then fluoridate the water pursuant to those rules and regulations. § 371-94 Approval of Changes to Fluoride Compounds Any additional changes to the target fluoride concentration within the water supply shall be approved by resolution of the Common Council. Section 2. This Local Law shall take effect upon final passage, public hearing, and filing with the Secretary of State APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 ______________________________ Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 6, 2023 Sponsor: Council Member Hoey LOCAL LAW K OF 2023 TITLE A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY GENERAL PURPOSE OF LEGISLATION This legislation will direct the Albany Water Department to Fluoridate the Water supply, improving dental health within the city of Albany and reducing healthcare disparities. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Fluoridation of water supplies is a crucial public health intervention aimed at reducing dental caries (tooth decay) in communities. By introducing controlled amounts of fluoride into the public water supply, the enamel of teeth is strengthened, making them more resistant to decay- causing acids produced by bacteria in the mouth. This not only benefits children, whose developing teeth are especially susceptible to cavities, but also adults, enhancing oral health throughout a person's life. Additionally, widespread fluoridation serves as an egalitarian approach, ensuring that individuals across various socioeconomic backgrounds receive its protective benefits. Over time, the cumulative benefits of water fluoridation can lead to significant reductions in dental treatment costs and improved overall public dental health. FISCAL IMPACT TBD. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Kimbrough introduced the following: LOCAL LAW M OF 2023 A LOCAL LAW AMENDING SECTION 604 OF THE CHARTER OF THE CITY OF ALBANY BY CORRECTING A TYPOGRAPHICAL ERROR THEREIN Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Section 604 (A)(a) of Article VI (Finances) of the Charter of the City of Albany is hereby amended to read as follows: Section 604 (A) Budget. (a) On or before October 1 of each year, the Mayor shall submit to the Common Council the proposed budget for the ensuing fiscal year and an accompanying budget message. The Mayor’s proposed budget shall include an appropriation to fund the Common Council in the amount of the prior year’s Common Council budget. If the Common Council chooses to amend the proposed budget, the Mayor shall have the right to veto any portion, or all of said amendments. The Common Council may override said veto with a two-thirds vote of the full Common Council membership pursuant to the procedure set forth below in Section 6034(B). Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. APROVED AS TO FORM THIS 20TH DAY OF NOVEMBER, 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: November 20, 2023 Sponsor: Council Member Kimbrough LOCAL LAW M OF 2023 TITLE A LOCAL LAW AMENDING SECTION 604 OF THE CHARTER OF THE CITY OF ALBANY BY CORRECTING A TYPOGRAPHICAL ERROR THEREIN GENERAL PURPOSE OF LEGISLATION Section 604 (A)(a) of the City Charter lays out the procedure for presentation, amendment, and passage of the annual City budget. The last sentence of the section reads, “The Common Council may override [the Mayor’s veto of the Council’s budget amendments] with a two-thirds vote of the full Common Council membership pursuant to the procedure set forth below in Section 603(B).” This reference to § 603(B) is plainly an error: first, the language of § 604 refers to section 603 as being “below,” when § 603 obviously comes before, or “above” § 604; second, § 603 has no subsection “(B)”, but its subsection (b) refers to the Treasurer’s responsibilities with regard to “temporary investments of City funds as authorized by the General Municipal Law;” finally, § 604 (B), entitled “Common Council action on budget” clearly lays out the procedures referred to in § 604 (A)(a). NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The typographical error described above exists in both the electronic version of the Charter hosted on ecode360.com, and in the paper versions of the Charter held in the City Clerk’s office. Although one can, with some searching through the Charter, infer that the typo likely refers to § 604 (B), rather than § 603 (B), it is important to eliminate this ambiguity in the language of the Charter itself. Amendments to the City Charter may be accomplished by local law, and only require a referendum if the amendment falls within one of the categories of action enumerated in Municipal Home Rule Law §§ 23 or 24. This action – the simple correction of a typographical error – does not fall under any of the enumerated categories and does not, therefore, require a referendum. FISCAL IMPACT None. Council Members Flynn, Romero, Anane, and Farrell introduced the following: ORDINANCE 34.92.23 AN ORDINANCE AMENDING PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROVIDING DEFIBRILLATORS IN MUNICIPAL WORKPLACES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Part I (Administrative Legislation) is hereby amended by adding a new Chapter 36 (Automated external defibrillators) to read as follows: Article 1 (AEDs in Municipal Buildings) § 36-1 Purpose and Findings Sudden Cardiac Arrest is the third leading cause of death in the United States. By ensuring that all city employees will be working close to a functioning defibrillator and ensuring that at least one employee has the necessary first aid training to use them, Albany employees will be better protected from cardiac arrest. § 36-2 AED Requirement. Each Commissioner and Department Head or their designee shall create a list, to be updated annually, of all city-owned and operated buildings where they have at least 10 employees who work at that location for on average at least 10 days per month. The city shall install an automated external defibrillator in each such building. § 36-3 First Aid Training Requirement Each Commissioner and Department Head shall designate one employee at each location designated pursuant to § 65-2 who shall be required to receive first aid training from a course that includes instruction on AED use. The city shall pay all costs associated with these trainings. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS __RD DAY OF MONTH, 2023 ________________________________ Corporation Counsel To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: September 7, 2023 Sponsor: Council Members Flynn and Romero ORDINANCE 34.92.23 TITLE AN ORDINANCE AMENDING PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROVIDING DEFIBRILLATORS IN MUNICIPAL WORKPLACES GENERAL PURPOSE OF LEGISLATION This legislation would ensure all buildings where city employees work have access to a defibrillator as well as personnel trained to use them. NECESSITY FOR LEGISLATION Sudden cardiac arrest (SCA) is a leading cause of death worldwide, and it can strike anyone, irrespective of age or health status. Immediate access to an AED significantly increases the chances of survival for individuals experiencing SCA. By having an AED readily available in municipal buildings, we can effectively respond to cardiac emergencies and potentially save lives. FISCAL IMPACT(S) To be determined. Council Members Hoey and Zamer introduced the following: RESOLUTION NUMBER 7.12.24R A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CALLING THE CITY OF ALBANY TO MATCH COUNTY FUNDING TO PERFORM A TRAFFIC STUDY ON RUSSELL ROAD AND BERKSHIRE BOULEVARD WHEREAS, the safety and efficiency of traffic flow are very important for the residents of the City of Albany; and WHEREAS, Russell Road, also known as County Road 204, and Berkshire Boulevard are important thoroughfares that have experienced significant traffic-related issues, potentially impacting the well-being and safety of the community; and WHEREAS, Albany County has recognized the necessity of a traffic study for Russell Road and Berkshire Boulevard and has allocated funding towards this effort; and WHEREAS, the City of Albany acknowledges the importance of this study in identifying and addressing the existing traffic concerns and potential improvements for these roads; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council hereby declares its support for the traffic study of Russell Road and Berkshire Boulevard; and BE IT FURTHER RESOLVED, that the City of Albany should match the funding provided by Albany County for the said traffic study, thereby demonstrating a commitment to the safety and well-being of its residents and to the improvement of its infrastructure. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: December 29, 2023 Sponsor: Council Members Hoey and Zamer RESOLUTION NUMBER 7.12.24R TITLE A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CALLING THE CITY OF ALBANY TO MATCH COUNTY FUNDING TO PERFORM A TRAFFIC STUDY ON RUSSELL ROAD AND BERKSHIRE BOULAVARD GENERAL PURPOSE OF LEGISLATION To express the Council’s support for the county’s traffic study for Russell Road and Berkshire Boulevard. FISCAL IMPACT(S) N/A Council Members Love, Hoey, and Frederick introduced the following: RESOLUTION 9.12.24R (MC) A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES WHEREAS, the Common Council recognizes the uptick in gun violence in the City of Albany and other municipalities in New York State; and WHEREAS, the number of homicides last year was 20; and WHEREAS, the number of actual gun discharges reported last year in the City of Albany was in the hundreds; and WHEREAS, city residents are concerned for their safety; and WHEREAS, the Albany Police Department is reporting that most gun violence in the City of Albany is committed by and against individuals that are familiar with one another; and WHEREAS, the Council has created a new Violence Prevention Coordinator position to help guide the Violence Prevention Task Force and recommend and help implement actions to reduce violence in the City of Albany; NOW, THEREFORE, BE IT RESOLVED, that the Council calls for those in possession of handguns, whether legal or illegal, to stop using these weapons in moments of anger or retribution and instead calls for individuals to reach out for help in settling disputes or arguments; BE IT FURTHER RESOLVED, that the Council calls on Governor Hochul, Assemblymembers Fahy and McDonald, and Senator Breslin to work with the New York State Legislature to create a Gun Violence Hot Line to counsel those wanting to use violence to settle disputes and allow those who are threatened by violence a place to report it; BE IT EVEN FURTHER RESOLVED, that the Council asks our state representatives to consider toughing laws regarding the use and possession of illegal handguns. To: Shaniqua Jackson, Acting City Clerk From: Max Thierry, Junior Policy Analyst Re: Common Council Legislation Supporting Memorandum Date: January 10, 2024 Sponsors: Hoey, Frederick, and Love RESOLUTION NUMBER 9.12.24R (MC) TITLE A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES GENERAL PURPOSE OF LEGISLATION To recognize increased violence in the City, reaffirm the Council’s commitment to permanently ending violence in our communities, and call upon state representatives to consider statewide legislative actions to help address gun violence. FISCAL IMPACT(S) None. Council Member Love introduced the following: RESOLUTION 13.21.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF BLANCHE KING AND RENAMING A PORTION OF SOUTH SWAN STREET IN HER HONOR WHEREAS, Blanche King moved to Albany, New York in 1945 from Halifax, Virginia with her husband, Alfonso King, and two small children, James and Zan. She chose to raise her family in Albany in search of more opportunity; and WHEREAS, she later had five more children – Norma, Tommy, Robert, David, and Carolyn. Blanche enjoyed rearing her children and it was important to her to pass on to her children the importance of education and hard work; and WHEREAS, using the skills she learned in business school, Blanche worked at various locations throughout the Capital District, including Albany Felt Company, Kovar’s Women’s Wearing Apparel Shop, Softball Factory, and as a personal assistant to the owner of Grand Cash Market and the Ten Eyck Hotel – leading to “Ten Eyck” becoming a nickname her children affectionately called her; and WHEREAS, Blanche loved the Arbor Hill neighborhood, residing at multiple locations throughout her life in Albany and eventually establishing her business, B&K Variety Store, on the corner of Clinton Avenue and North Swan Street; and WHEREAS, the store was the catalyst for putting her children through school, was a place for her grandchildren to go after school, and was a community store that provided families with quality brands found in grocery store; and WHEREAS, B&K Variety Store was known for having the coldest beer in the Capital District, penny candy, hot sandwiches, pickles, pickled sausages, and pickled pig feet. She would also obtain additional food items from vendors to donate to the community for their events; and WHEREAS, for 46 years, from 1967 to 2013, B&K Variety Store served countless families; and WHEREAS, Blanche King’s greatest joy were the families within the community and teaching her kids, and later grandkids, the importance of entrepreneurship and love of your community; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany honors the life and enduring legacy of Blanche King by renaming the portion of South Swan Street between Orange Street and Clinton Avenue – in the heart of the neighborhood where she was a pillar to the community for many years – in her honor; and BE IT FURTHER RESOLVED, that the Common Council directs that two signs shall be produced reading “Blanche King Way” which shall be placed in consultation with the Division of Traffic Engineering. To: Shaniqua Jackson, Acting City Clerk From: Juliette Geraghty, Junior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: January 24, 2024 Sponsor: Council Member Love RESOLUTION 13.21.24R TITLE A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF BLANCHE KING AND RENAMING A PORTION OF SOUTH SWAN STREET IN HER HONOR GENERAL PURPOSE OF LEGISLATION This resolution officially recognizes the life, legacy, and contributions to the City of Albany made by Blanche King and directs the creation of honorary street signs at the proposed locations. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Per Code § 323-63.2 (B), the Council shall effectuate honorary street renamings “through the adoption of a resolution of the Common Council.” FISCAL IMPACT None. MAP OF PROPOSED HONORARY STREET SIGNS Council Member Love, at the request of Mayor Sheehan, introduced the following: RESOLUTION 14.21.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF SALVATORE “SAL” TARZIA AND RENAMING A PORTION OF BEAVER STREET IN HIS HONOR WHEREAS, Salvatore was born on May 18, 1943 in Grotteria (Reggio Calabria), Italy to the late Domenico and Angela Tarzia; and WHEREAS, Sal moved from Italy to Albany on September 4, 1967 and immediately started working at his father’s restaurant, Bella Napoli. He worked there for many years alongside his father, his Uncle Rocco, and his Aunt Mary; and WHEREAS, in 1980 he opened his own restaurant next door to Bella Napoli at 89 Beaver Street in the shadow of the Empire State Plaza and Albany’s Italian “Neighborhood That Disappeared;” and WHEREAS, over the next forty years Amo La Bella New York was the backdrop for generations of families to celebrate life, death, personal achievements, or just to get the best authentic Italian meal in the region at a good price; and WHEREAS, Amo La Bella was a favorite hangout for numerous state legislators, elected officials, and governors. If you wanted to talk politics, you came to Amo La Bella to speak with Sal – when you were in his restaurant, he treated you like family; and WHEREAS, every day he would go to his favorite Italian coffee shop, play cards with his friends, and watch his favorite soccer (or “football”) team, Milan, play; and WHEREAS, he was an avid horse racing fan and looked forward to the month of August when he could go up to Saratoga; and WHEREAS, Sal was a devout Catholic and attended mass at the Cathedral of Immaculate Conception on Eagle Street; and WHEREAS, Amo La Bella closed in 2020 after 40 years of operation and he passed away peacefully on August 16, 2023, at the age of 80; and WHEREAS, Sal was dedicated to the City of Albany, living above the restaurant until his death. He never wanted to leave; Downtown Albany was his home and he loved it until the end; and WHEREAS, Sal was a pillar of the Albany Italian community and will be greatly missed by his Amo La Bella NY family, many friends, and customers; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany honors the life and enduring legacy of Salvatore Tarzia by renaming the portion of Beaver Street between South Pearl Street and Wendell Street – along the corridor where he dedicated so many years to Bella Napoli and Amo La Bella NY – in his honor; and BE IT FURTHER RESOLVED, that the Common Council directs that two signs shall be produced reading “Salvatore Tarzia’s Way” which shall be placed in consultation with the Division of Traffic Engineering. To: Shaniqua Jackson, Acting City Clerk From: Juliette Geraghty, Junior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: January 24, 2024 Sponsor: Council Member Love RESOLUTION 14.21.24R TITLE A RESOLUTION OF THE COMMON COUCNIL HONORING THE LIFE AND LEGACY OF SALVATORE “SAL” TARZIA AND RENAMING A PORTION OF BEAVER STREET IN HIS HONOR GENERAL PURPOSE OF LEGISLATION This resolution officially recognizes the life, legacy, and contributions to the City of Albany made by Salvatore Tarzia and directs the creation of honorary street signs at the proposed locations. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Per Code § 323-63.2 (B), the Council shall effectuate honorary street renamings “through the adoption of a resolution of the Common Council.” FISCAL IMPACT None. MAP OF PROPOSED HONORARY STREET SIGNS Local Law K of 2023 SEQRA Review Albany Common Council 24 Eagle Street Albany, NY 12207 Council Member Hoey, Anane, Balarin, Clarke, Farrell, Frederick, Flynn, Keegan, Love, Romero, and Zamer, with the support of Council President Ellis introduced the following: LOCAL LAW K OF 2023 A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY Be it enacted by the Common Council of the City of Albany as follows: Section 1. Chapter 371 (Water and Waterways) of Part II (General Legislation) of the Code of the City of Albany are amended by adding a new Article IX (Fluoridation) to read as follows: § 371-92 Purpose and Findings Pursuant to § 1100-A of the Public Health Law, municipalities which own both their public water system and the water supply for such system may by local law provide whether a fluoride compound shall be added to such public water supply. According to the U.S. Centers for Disease Control, fluoride is very effective in preventing cavities when present in drinking water at an optimal level of 0.7 mg/L. This reduces dental complications later in life, as well as medical expenses, and protects the health of the residents of the City of Albany. § 371-93 Fluoridation of Municipal Water Supply. The Commissioner of the Albany Water Department shall establish rules and regulations necessary to determine the optimal concentration of Fluoride in the water supply in accordance with guidelines from the U.S. Centers for Disease Control, as well as to monitor and maintain that level of Fluoride concentration within the water supply. The Albany Water Department shall then fluoridate the water pursuant to those rules and regulations. § 371-94 Approval of Changes to Fluoride Compounds Any additional changes to the target fluoride concentration within the water supply shall be approved by resolution of the Common Council. Section 2. This Local Law shall take effect upon final passage, public hearing, and filing with the Secretary of State APPROVED AS TO FORM THIS 6TH DAY OF OCTOBER, 2023 ______________________________ Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 6, 2023 Sponsor: Council Member Hoey LOCAL LAW K OF 2023 TITLE A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY GENERAL PURPOSE OF LEGISLATION This legislation will direct the Albany Water Department to Fluoridate the Water supply, improving dental health within the city of Albany and reducing healthcare disparities. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Fluoridation of water supplies is a crucial public health intervention aimed at reducing dental caries (tooth decay) in communities. By introducing controlled amounts of fluoride into the public water supply, the enamel of teeth is strengthened, making them more resistant to decay- causing acids produced by bacteria in the mouth. This not only benefits children, whose developing teeth are especially susceptible to cavities, but also adults, enhancing oral health throughout a person's life. Additionally, widespread fluoridation serves as an egalitarian approach, ensuring that individuals across various socioeconomic backgrounds receive its protective benefits. Over time, the cumulative benefits of water fluoridation can lead to significant reductions in dental treatment costs and improved overall public dental health. FISCAL IMPACT TBD. Material in strikethrough to be deleted. New material is underlined. ALBANY COMMON COUNCIL GENERAL SERVICES, HEALTH AND ENVIRONMENT COMMITTEE MINUTES Jack Flynn, Chair Meeting Called By: Jack Flynn, Chair Date: 11/16/2023 Time: 5:31PM Committee Flynn, Chair ☒ | Anane ☒ | Clarke ☒ | Love ☐ | Zamer ☒ Members: (Checked to signify present) Council Member(s) Hoey, Keegan, Robinson Present: City Personnel Joe Coffey, David Galin, Shaniqua Jackson, Brett Williams, Jake Eisland, Bryan Jimenez, Present: and Juliette Geraghty Minutes Agenda Item:  RESOLUTION 92.91.23R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING THE RELEASE OF ENVIRONMENTAL BOND ACT FUNDING FOR PROJECTS SIMILAR TO THE PATROON CREEK GREENWAY  LOCAL LAW K OF 2023 A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY Speakers/Public Commenters:  Edward Brennan, 389 McCormack Road, Albany, NY 12208 – Resolution 92.91.23R (Patroon Creek Greenway funding)  Joe Coffey, Water Department Commissioner – Local Law K of 2023 (Community Water Fluoridation)  David Galin, Mayor’s Chief of Staff – Local Law K of 2023 (Community Water Fluoridation)  Maxwell Ferris, 175 Green St., Albany, NY 12202 – Local Law K of 2023 (Community Water Fluoridation)  Dr. Melinda Clark, 11 Candlewood Lane, Delmar, NY 12054 – Local Law K of 2023 (Community Water Fluoridation)  Tom Ellis, 43 North Pine Ave., Albany, NY 12203 – Local Law K of 2023 (Community Water Fluoridation)  Dr. Elizabeth Whalen, 15 Manning Blvd., Albany, NY 12203 – Local Law K of 2023 (Community Water Fluoridation)  Michael Waxman, 18 Stonehenge Drive, Albany, NY 12203 – Local Law K of 2023 (Community Water Fluoridation)  Bill Gettman, 60 Academy Rd., Albany, NY 12208 – Local Law K of 2023 (Community Water Fluoridation)  Rebecca Klimek, 175 Central Ave., Albany, NY 12206 – Local Law K of 2023 (Community Water Fluoridation)  Dr. Katie Rothas, 900 Lark Drive, Albany, NY 12207 – Local Law K of 2023 (Community Water Fluoridation)  Anita Thayer, 122 Tallmadge Place, Albany, NY 12208 – Local Law K of 2023 (Community Water Fluoridation) Questions and Discussion: Resolution 92.91.23R:  Council Member Flynn, chair of the committee, called the meeting to order and asked Council Member Robinson to speak on Resolution 92.91.23R.  Council Member Robinson spoke on the Patroon Creek Greenway and the purpose of Resolution 92.91.23R.  Council Member Anane spoke on his support for the resolution and thanked the sponsors for introducing it.  Council Member Flynn invited Edward Brennan up to comment on Resolution 92.91.23R. o Edward Brennan spoke in support of the resolution.  Council Member Keegan spoke on amendments to the resolution to reflect that New York State has not yet released the Environmental Bond Act Funding and that the Council encourages the State to do so.  Council Member Flynn made a motion to pass Resolution 92.91.23R out of committee with a favorable recommendation, pending amendment, seconded by Council Member Zamer, and passed by voice vote. Local Law K of 2023:  Council Member Flynn asked Council Member Hoey to speak on Local Law K of 2023.  Council Member Hoey spoke on water fluoridation and the purpose of the Local Law.  Council Member Flynn invited Water Commissioner Joe Coffey up to speak on the Local Law. o Commissioner Joe Coffey spoke on American Water Works Association’s position on community water fluoridation. o Commissioner Joe Coffey further spoke on what the implementation, cost, and timeframe for water fluoridation would look like. o Council Member Zamer confirmed that this legislation would not necessitate extra personnel or a significant increase to cost, to which Commissioner Coffey responded affirmatively. o Council Member Anane asked about the impact of water fluoridation on the city’s children and marginalized communities, to which Commissioner Coffey responded, speaking on his experiences and support for the recommendations of the medical and dental professionals. o Council Member Keegan spoke on the research available on water fluoridation. o Council Member Zamer spoke on the experts in attendance that will discuss the research and misconceptions. o Commissioner Joe Coffey gave statistics regarding the percentage of Americans and New Yorkers drinking fluoridated water. o Council Member Robinson asked if Commissioner Coffey anticipates a public outreach campaign before water fluoridation is rolled out, to which Commissioner Coffey responded affirmatively. o Council Member Hoey asked if communities fluoridate the water they purchase from Albany, to which Commissioner Coffey responded that Bethlehem does not, while Guilderland does. o Council Member Flynn asked about naturally occurring levels of fluoride in Albany’s water supply, to which Commissioner Coffey responded there is a non-detectable level of fluoride.  Council Member Flynn invited David Galin, Chief of Staff to Mayor Sheehan, to speak on the Local Law. o David Galin spoke on Mayor Sheehan’s support for community water fluoridation.  Council Member Flynn invited Maxwell Ferris, Director for Environmental Health Services for the Albany County Health Department, up to speak on the Local Law. o Maxwell Ferris spoke in support for community water fluoridation and on the process of implementing fluoridation. o Council Member Flynn asked Maxwell Ferris if he is in agreement with Commissioner Coffey about the minimal cost of fluoridation, to which Maxwell Ferris responded affirmatively.  Council Member Flynn invited Dr. Melinda Clark, Professor of Pediatrics at Albany Medical Center, up to speak on the Local Law. o Dr. Melinda Clark spoke on the need for and efficacy of water fluoridation. o Council Member Zamer asked what the basis is for the concern surrounding neurotoxicity, to which Dr. Clark responded and spoke of research that studied the effects of over fluoridation. Dr. Clark further spoke on issues with the methodology of this research that makes the study unreliable. o Council Member Zamer asked about the safety of fluoride for newborns drinking formula, to which Dr. Clark responded that it is safe as long as the amount of fluoride in the water is regulated. o Council Member Zamer asked if Dr. Clark could speak to the concern that many European countries do not fluoridate their water, to which Dr. Clark responded and spoke on how the countries that do not fluoridate their water have national public health systems. o Council Member Robinson asked about the effects of using both fluoride products, such as toothpastes and mouthwashes, and ingesting fluoridated water, to which Dr. Clark responded that since they are all given in a safe dosage, there would be no negative impacts.  Council Member Flynn invited Tom Ellis up to comment on the Local Law. o Tom Ellis spoke on his concerns with community water fluoridation.  Council Member Flynn invited Dr. Elizabeth Whalen, former Albany County Health Department Commissioner, up to speak on the Local Law. o Dr. Whalen spoke on the efficacy of water fluoridation and its impact on reducing health disparities. o Council Member Flynn asked about the recommended level of fluoride to add to the water, to which Dr. Whalen responded. o Council Member Anane thanked Dr. Whalen for her service to the County and asked about the adverse impacts of the lack of fluoride, particularly to children in marginalized communities, to which Dr. Whalen responded and spoke on children missing classes and having to undergo severe dental procedures. o Council Member Robinson asked about concerns of the ethical issues of medicating the water, to which Dr. Whalen responded, speaking on how fluoride is a mineral, not a drug, which has significant health benefits.  Council Member Flynn invited Michael Waxman, Associate Professor of Emergency Medicine at Albany Medical College, up to speak on the Local Law. o Michael Waxman spoke on the scientific evidence in support of water fluoridation. o Council Member Zamer asked about debunked studies that show the negative impacts of fluoridation, to which Michael Waxman responded. o Council Member Zamer asked Michael Waxman what he attributes the opposition of fluoride to, to which he responded.  Council Member Flynn invited Bill Gettman, CEO of Northern Rivers Family of Services, up to speak on the Local Law. o Bill Gettman spoke on health disparities and further spoke in support of water fluoridation.  Council Member Flynn invited Rebecca Klimek, Clinical Director of the Seal a Smile program, up to speak on the Local Law. o Rebecca Klimek spoke on tooth decay in children and support for water fluoridation.  Council Member Flynn invited Dr. Katie Rothas, Dental Director at Whitney Young Health, up to speak on the Local Law. o Dr. Rothas spoke on the need for and effectiveness of water fluoridation.  Council Member Flynn invited Anita Thayer up to comment on the Local Law, who spoke in support of the legislation.  Council Member Flynn spoke on the support he has received for the legislation.  Council Member Zamer thanked Council Member Hoey for bringing it forward and thanked the experts for attending.  Council Member Zamer made a motion to pass Local Law K of 2023 out of committee with a favorable recommendation, seconded by Council Member Anane, and passed by voice vote  Council Member Flynn informed attendees that there will be a Mayoral public hearing before the law goes into effect. Adjourn: The Chairperson asked for a motion to adjourn at 6:50 PM, Council Member Zamer moved to adjourn, seconded by Council Member Anane, and the motion passed by voice vote. Respectfully Submitted by: Juliette Geraghty Junior Legislative Aide Council Member Hoey introduced the following: RESOLUTION 121.122.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITS INTENT TO ACT AS LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE FLUORIDATION OF THE CITY’S WATER SUPPLY WHEREAS, on October 16, 2023, Council Member Hoey introduced Local Law K of 2023, which would require the addition of fluoride to the City of Albany’s water supply; and WHEREAS, the Common Council has reviewed the State Environmental Quality Review Act (“SEQRA”) Short Environmental Assessment Form (“SEAF”), Part I, prepared by the Office of the Corporation Counsel, examining the potential environmental impacts of fluoridation of the City’s water supply (the “Action”); and WHEREAS, the Common Council has determined that the said Action is subject to review by and approval from other involved agencies under SEQRA and has identified the City of Albany Water Board and New York State Department of Health; and WHEREAS, the Common Council has determined that it is the agency that is principally responsible for undertaking, funding, or approving this Action and will provide written notifications to all involved agencies pursuant to 6 NYCRR 617.6; and WHEREAS, the Common Council has been informed and is aware of caselaw that appears to hold that the addition of fluoride to the water supply is an action under SEQRA, but it qualifies as a Type II action, and WHEREAS, nevertheless, the Common Council has determined that the Action is an unlisted action under SEQRA and desires to conduct a coordinated review. NOW, THEREFORE, BE IT RESOLVED, that, having reviewed the above-referenced SEAF, the Common Council determines that the Action is an unlisted action under SEQRA; and BE IT FURTHER RESOLVED, that the Common Council of the City of Albany does hereby declare its intent to act as lead agency for this Action and will conduct a coordinated SEQRA review; and BE IT FURTHER RESOLVED, that the Office of the Corporation Counsel is hereby directed to provide notice hereof to all involved and interested agencies, pursuant to 6 NYCRR 617.6, in writing as soon as practicable. To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: December 7, 2023 Sponsor: Council Member Hoey RESOLUTION 121.122.23R TITLE A RESOLUTION OF THE COMMON COUNCIL DECLARING ITS ITENTION TO DECLARE ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE FLUORIDATION OF THE CITY’S WATER SUPPLY GENERAL PURPOSE OF LEGISLATION As part of the consideration of whether to fluoridate the City’s water supply, the potential environmental impacts of fluoridation must be considered in the context of the State Environmental Quality Review Act (“SEQRA”). The first step in this process is to determine whether the contemplated Action is a type I, type II, or unlisted action under SEQRA. If an action meets any of the criteria listed in the regulations for action types I and II, it is one of those types of actions. If it meets none of the criteria, it is an unlisted action. Here, the action does not meet any of the type I criteria. There is caselaw suggesting that the action may be considered as type II, however out of an abundance of caution, this action should be treated as unlisted. The next step in an unlisted action is to complete Part I of an environmental assessment form (the short version of which – the “SEAF” – may be used for unlisted actions. A copy of the SEAF in this matter is included herewith. Once the SEAF is completed, one of the entities involved in the Action may declare itself “lead agency,” with which designation it may coordinate the SEQRA review of the Action with all other entities that are involved and interested in the Action. If an entity means to declare itself lead agency, it must first make its intent to do so clear to the other involved and interested agencies by informing them in writing of its intent, and providing an opportunity to object. Involved agencies have 30 days from receipt of notice of intent to either accept or object to lead agency status; if an involved agency takes no action within 30 days, they are deemed to accept. This resolution accomplishes these initial steps in the SEQRA process. Assuming the Council receives no objection to its intent to declare itself lead agency, it will then undertake a coordinated review, together with involved and interested agencies, of the potential environmental impacts of fluoridation and make a declaration, by later resolution, as to whether or not there will be a significant environmental impact. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution formally expresses the Council’s determinations that 1) the Action is unlisted, 2) the Council intends to act as lead agency for the SEQRA review of this action, and 3) that the Office of the Corporation Counsel should expeditiously provide notice, in accordance with the dictates of SEQRA, to involved and interested agencies that the Council intends to act as lead agency. FISCAL IMPACT The Council expressing its intent to serve as lead agency for the fluoridation of the City’s water has no fiscal impact. Passed by the following vote of all the Council Members elected voting in favor thereof: Affirmative – Anane, Balarin, Clarke, Farrell, Frederick, Hoey, Johnson, Keegan, Kimbrough, Robinson, Romero, and Zamer Negative – Adams Affirmative: 12 Negative: 1 Abstain: 0 _______________________________ _______________________________ Clerk of the Common Council President of the Common Council _______________________________ Mayor Date I, Shaniqua Jackson, Acting City Clerk and Acting Clerk of the Common Council, do hereby certify that Resolution 121.122.23R was passed at a meeting of the Albany Common Council on December 18, 2023. In affirmation thereof, I hereto set my hand and affix The Seal of the City of Albany this 19th day of December, 2023. ________________________________________________ Shaniqua Jackson, Acting Clerk of the Common Council 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: Fluoridation of City of Albany Water Project Location (describe, and attach a location map): Throughout the City of Albany Brief Description of Proposed Action: The Action involves the proposed adoption of a local law that will require the Albany Water Board, with the cooperation of the City of Albany's Department of Water and Water Supply, to add fluoride to the City's public water supply in accordance with guidelines promulgated by the U.S. Centers for Disease Control. Once the authorizing legislation is passed, the City's Department of Water and Water Supply, with the cooperation of the Albany Water Board, will perform the necessary engineering report and apply to the NYS Health Department for permitting and approval of the fluoridation system design and installation and monitoring system. Once permits and approval are obtained, the Water Department will add bulk chemical storage tanks and chemical metering equipment to its existing facilities, and ultimately add fluoride to the City's water supply in accordance with CDC guidelines. Name of Applicant or Sponsor: Telephone: (518) 434-5087 The Common Council of the City of Albany E-Mail: commoncouncil@albanyny.gov Address: City Hall, 24 Eagle Street City/PO: State: Zip Code: Albany NY 12207 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO | YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that [| may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO | YES If Yes, list agency(s) name and permit or approval: Approval must be granted by the New York State Commissioner of Health, per 10 NYCRR § 5-1.24 [| 3.a. Total acreage of the site of the proposed action? 0 acres b. Total acreage to be physically disturbed? Q acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? Q acres 4. Check all land uses that occur on, adjoining and near the proposed action. (Urban [C)Rural (non-agriculture) [] Industrial [7]Commercial [JResidential (suburban) C)Forest (Agriculture [Aquatic [JOther (specify): [7] Parkland Page 1 of 4 5. Is the proposed action, NO ml el Nn Z > a. A permitted use under the zoning regulations? [ ] NJ Dn KIN SN 6 O 6 O SOONG NOOO b. Consistent with the adopted comprehensive plan? | | 6. Is the proposed action consistent with the predominant character of the existing built or natural ie] ne landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? YES If Yes, identify: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? YES UI < NI D< NJ ANG b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9, Does the proposed action meet or exceed the state energy code requirements? ~< eI nN If the proposed action will exceed requirements, describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? eS If No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? ES If No, describe method for providing wastewater treatment: 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic wet ie nN Places? sNNE NIN eSn HO b. Is the proposed action located in an archeological sensitive area? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain »< wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: could run off from outdoor uses of fluoridated tap water and, conceivably, end up | innthe few small wetlands located within the City of Albany. 14, Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: [MZ] Shoreline (1 Forest (7) Agricultural/grasslands (JEarly mid-successional C] Wetland 7] Urban [7] Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO | YES by the State or Federal government as threatened or endangered? [| 16. Is the project site located in the 100 year flood plain? NO | YES L_| | fv] 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO_ | YES If Yes, a. Will storm water discharges flow to adjacent properties? [_]No []YEs b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: [_]No [_]vEs Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO | YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: VICI 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO | YES solid waste management facility? If Yes, describe: [| 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO | YES completed) for hazardous waste? If Yes, describe: [| I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDG Applicant/sp e; Brett T. Wiliams, Esq., Sr. Asst. Corporation Counsel Date: 12/8/2023 Signature: , wy VT vee) Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2, Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? Li 3. Will the proposed action impair the character or quality of the existing community? OOo 4. Will the proposed action have an impact on the environmental characteristics that caused the | establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? KIO) 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, ee architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage [] Cl problems? 11. Will the proposed action create a hazard to environmental resources or human health? [| [| Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. [ | Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. [| Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 CITY OF ALBANY, NEW YORK NOTICE OF INTENT TO ACT AS SEQRA LEAD AGENCY Proposed Fluoridation of the City of Albany’s Water Supply TO ALL INVOLVED AND INTERESTED AGENCIES: The Common Council of the City of Albany has introduced legislation, Local Law K of 2023, which, if enacted, will require the fluoridation of the City’s water supply (the “Action”). The Common Council has preliminarily determined that this proposed Action is subject to SEQRA and constitutes an unlisted action under the New York State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law; and its regulations 6 NYCRR 617, et seq.) (collectively, “SEQRA”). In accordance with SEQRA, on December 18, 2023, the Common Council of the City of Albany declared its intent to act as SEQRA lead agency for the coordinated environmental review of the proposed Action, and hereby provides notice of its intent to so act, which will include consideration of the environmental impacts associated with the proposed Action, including but not limited to: 1) the legislative act requiring fluoridation; 2) any infrastructure changes or improvements required at Albany Water Board facilities in order to effectuate the legislation; and 3) the addition of fluoride to the City’s water. Enclosed with this notice are our copies of 1) the completed Part 1 of the Short Environmental Assessment Form prepared for this action; 2) Common Council Resolution 121.122.23R, through which the Council declared its intent to act as lead agency; 3) Local Law K of 2023; and 4) a SEQRA Lead Agency Consent Form. Your agency has been identified as an involved or interested agency. If you consent to the Common Council acting as lead agency, please complete the enclosed form and return it to the address listed. Pursuant to SEQRA, unless you submit a written objection within thirty (30) calendar days from the mailing of this notification, the Common Council will automatically assume the role of Lead Agency after 30 calendar days. To: Albany County Health Department 175 Green Street Albany, New York 12202 Albany Water Board c/o Albany Water Department 10 North Enterprise Drive Albany, New York 12204 Albany Municipal Water Finance Authority c/o Albany Water Department 10 North Enterprise Drive Albany, New York 12204 New York State Department of Environmental Conservation 625 Broadway Albany, New York 12233 New York State Department of Health Corning Tower Albany, New York 12237 SEQRA LEAD AGENCY CONSENT FORM Proposed Fluoridation of the City of Albany’s Water Supply Pursuant to the regulations promulgated under the New York State Environmental Quality Review Act, the undersigned agency hereby ___ CONSENTS ___ DOES NOT CONSENT to the Common Council of the City of Albany acting as SEQRA lead agency for the coordinated environmental review of the City’s proposal to fluoridate its water supply as described more fully in the enclosed Part 1 of the SEQRA Short Environmental Assessment Form Date: , 202 Agency: By: Name (Printed) Title Signature Please return this form within thirty (30) days of mailing to: City of Albany Common Council City Hall, Room 24 Eagle St. Albany, NY 12207 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: Fluoridation of City of Albany Water Project Location (describe, and attach a location map): Throughout the City of Albany Brief Description of Proposed Action: The Action involves the proposed adoption of a local law that will require the Albany Water Board, with the cooperation of the City of Albany's Department of Water and Water Supply, to add fluoride to the City’s public water supply in accordance with guidelines promulgated by the U.S. Centers for Disease Control. Once the authorizing legislation is passed, the City's Department of Water and Water Supply, with the cooperation of the Albany Water Board, will perform the necessary engineering report and apply to the NYS Health Department for permitting and approval of the fluoridation system design and installation and monitoring system. Once permits and approval are obtained, the Water Department will add bulk chemical storage tanks and chemical metering equipment to its existing facilities, and ultimately add fluoride to the City's water supply in accordance with CDC guidelines. Name of Applicant or Sponsor: Telephone: (51g) 434-5087 The Common Council of the City of Albany E-Mail: commoncouncil@albanyny.gov Address: City Hall, 24 Eagle Street City/PO: State: Zip Code: Albany NY 12207 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO | YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that [| may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO | YES If Yes, list agency{s) name and permit or approval: Approval must be granted by the New York State Commissioner of Health, per 10 NYCRR § 5-1.24 [| 3.a. Total acreage of the site of the proposed action? 0 acres b. Total acreage to be physically disturbed? 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0 acres 4. Check all land uses that occur on, adjoining and near the proposed action. (J Urban 9 ([(iRural (non-agriculture) [] Industrial Commercial [Residential (suburban) CJForest (ClAgriculture EJAquatic §[_JOther (specify): [71Parkiand Page 1 of 4 5. Is the proposed action, NO a. A permitted use under the zoning regulations? [| NJ SO 8 O NJ NN 8 2 Of 0 ROO! See b. Consistent with the adopted comprehensive plan? [ ] 6. Is the proposed action consistent with the predominant character of the existing built or natural we SS ” landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? es ne n If Yes, identify: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9, Does the proposed action meet or exceed the state energy code requirements? wel Bi na If the proposed action will exceed requirements, describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? eo ~ A If No, describe method for providing potable water: OO 5 CI ig}NW 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? ORAS b. Is the proposed action located in an archeological sensitive area? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain ne RIN msMR wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent ofalterations iin Square feet or acres: could run off irom outdoor uses of fluoridated tapwater and, sontewvably. end upi in the few small wetlands located within the City of Albany. 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: MJ Shoreline (_] Forest (7) Agricuitural/grasslands [JEarly mid-successional (I Wetland Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO | YES by the State or Federal government as threatened or endangered? [| 16. Is the project site located in the 100 year flood plain? NO | YES | |_| 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO | YES If Yes, a. Will storm water discharges flow to adjacent properties? []No [L]YEs b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: No [L]YEs Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO | YES water or other liquids (e.g. retention pond, waste lagoon, dam)? _. If Yes, explain purpose and size: LJ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO | YES solid waste management facility? If Yes, describe: [| 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or {NO | YES completed) for hazardous waste? If Yes, describe: [| I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDG Applicant/sp ame: Brett T. Williams, Esq., Sr. Asst. Corporation Counsel Date: 12/8/2023 Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or | Moderate small to large impact impact may eccur. Oooo: 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? oO oO oo OO 3. Will the proposed action impair the character or quality of the existing community? Oooo 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ONO affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate OO reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? \ 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 No, or {| Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage | C1 problems? 11. Will the proposed action create a hazard to environmental resources or human health? [| [| Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. [| Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. [| Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 Council Member Hoey, Anane, Balarin, Clarke, Farrell, Frederick, Flynn, Keegan, Love, Romero, and Zamer, with the support of Council President Ellis introduced the following: LOCAL LAW K OF 2023 A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY Be it enacted by the Common Council of the City of Albany as follows: Section 1. Chapter 371 (Water and Waterways) of Part II (General Legislation) of the Code of the City of Albany are amended by adding a new Article [IX (Fluoridation) to read as follows: § 371-92 Purpose and Findings Pursuant to § 1100-A of the Public Health Law, municipalities which own both their public water system and the water supply for such system may by local law provide whether a fluoride compound shall be added to such public water supply. According to the U.S. Centers for Disease Control, fluoride is very effective in preventing cavities when present in drinking water at an optimal level of 0.7 mg/L. This reduces dental complications later in life, as well as medical expenses, and protects the health of the residents of the City of Albany. § 371-93 Fluoridation of Municipal Water Supply. The Commissioner of the Albany Water Department shall establish rules and regulations necessary to determine the optimal concentration of Fluoride in the water supply in accordance with guidelines from the U.S. Centers for Disease Control, as well as to monitor and maintain that level of Fluoride concentration within the water supply. The Albany Water Department shall then fluoridate the water pursuant to those rules and regulations. § 371-94 Approval of Changes to Fluoride Compounds Any additional changes to the target fluoride concentration within the water supply shall be approved by resolution of the Common Council. Section 2. This Local Law shall take effect upon final passage, public hearing, and filing with the Secretary of State APPROVED AS TO FORM THIS 6™ DAY OF OCTOBER, 2023 Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 6, 2023 Sponsor: Council Member Hoey LOCAL LAW K OF 2023 TITLE A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY GENERAL PURPOSE OF LEGISLATION This legislation will direct the Albany Water Department to Fluoridate the Water supply, improving dental health within the city of Albany and reducing healthcare disparities. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Fluoridation of water supplies is a crucial public health intervention aimed at reducing dental caries (tooth decay) in communities. By introducing controlled amounts of fluoride into the public water supply, the enamel of teeth is strengthened, making them more resistant to decay- causing acids produced by bacteria in the mouth. This not only benefits children, whose developing teeth are especially susceptible to cavities, but also adults, enhancing oral health throughout a person's life. Additionally, widespread fluoridation serves as an egalitarian approach, ensuring that individuals across various socioeconomic backgrounds receive its protective benefits. Over time, the cumulative benefits of water fluoridation can lead to significant reductions in dental treatment costs and improved overall public dental health. FISCAL IMPACT TBD. Material in strikethrough to be deleted. New material is underlined. Council Member Hoey introduced the following, which was approved: RESOLUTION 121.122.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITS INTENT TO ACT AS LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW -OF THE FLUORIDATION OF THE CITY’S WATER SUPPLY WHEREAS, on October 16, 2023, Council Member Hoey introduced Local Law K of 2023, which would require the addition of fluoride to the City of Albany’s water supply; and WHEREAS, the Common Council has reviewed the State Environmental Quality Review Act (““SEQRA”) Short Environmental Assessment Form (“SEAF”), Part I, prepared by the Office of the Corporation Counsel, examining the potential environmental impacts of fluoridation of the - City’s water supply (the “Action”); and WHEREAS, the Common Council has determined that the said Action is subject to review by and approval from other involved agencies under SEQRA and has identified the City of Albany Water Board and New York State Department of Health; and WHEREAS, the Common Council has determined that it is the agency that is principally responsible for undertaking, funding, or approving this Action and will provide written notifications to all involved agencies pursuant to 6 NYCRR 617.6; and WHEREAS, the Common Council has been informed and is aware of caselaw that appears to hold that the addition of fluoride to the water supply is an action under SEQRA, but it qualifies as a Type II action, and WHEREAS, nevertheless, the Common Council has determined that the Action is an unlisted action under SEQRA and desires to conduct a coordinated review. NOW, THEREFORE, BE IT RESOLVED, that, having reviewed the above-referenced SEAF, the Common Council determines that the Action is an unlisted action under SEQRA; and BE IT FURTHER RESOLVED, that the Common Council of the City of Albany does hereby declare its intent to act as lead agency for this Action and will conduct a coordinated SEQRA review; and BE IT FURTHER RESOLVED, that the Office of the Corporation Counsel is hereby directed to provide notice hereof to all involved and interested agencies, pursuant to 6 NYCRR 617.6, in writing as soon as practicable. To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: December 7, 2023 Sponsor: Council Member Hoey RESOLUTION 121.122.23R TITLE A RESOLUTION OF THE COMMON COUNCIL DECLARING ITS ITENTION TO DECLARE ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE FLUORIDATION OF THE CITY’S WATER SUPPLY GENERAL PURPOSE OF LEGISLATION As part of the consideration of whether to fluoridate the City’s water supply, the potential environmental impacts of fluoridation must be considered in the context of the State Environmental Quality Review Act (““SEQRA”). The first step in this process is to determine whether the contemplated Action is a type I, type II, or unlisted action under SEQRA. If an action meets any of the criteria listed in the regulations for action types I and II, it is one of those types of actions. If it meets none of the criteria, it is an unlisted action. Here, the action does not meet any of the type I criteria. There is caselaw suggesting that the action may be considered as type II, however out of an abundance of caution, this action should be treated as unlisted. The next step in an unlisted action is to complete Part I of an environmental assessment form (the short version of which — the “SEAF” — may be used for unlisted actions. A copy of the SEAF in this matter is included herewith. Once the SEAF is completed, one of the entities involved in the Action may declare itself “lead agency,” with which designation it may coordinate the SEQRA review of the Action with all other entities that are involved and interested in the Action. If an entity means to declare itself lead agency, it must first make its intent to do so clear to the other involved and interested agencies by informing them in writing of its intent, and providing an opportunity to object. Involved agencies have 30 days from receipt of notice of intent to either accept or object to lead agency status; if an involved agency takes no action within 30 days, they are deemed to accept. This resolution accomplishes these initial steps in the SEQRA process. Assuming the Council receives no objection to its intent to declare itself lead agency, it will then undertake a coordinated review, together with involved and interested agencies, of the potential environmental impacts of fluoridation and make a declaration, by later resolution, as to whether or not there will be a significant environmental impact. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution formally expresses the Council’s determinations that 1) the Action is unlisted, 2) the Council intends to act as lead agency for the SEQRA review of this action, and 3) that the Office of the Corporation Counsel should expeditiously provide notice, in accordance with the dictates of SEQRA, to involved and interested agencies that the Council intends to act as lead agency. FISCAL IMPACT The Council expressing its intent to serve as lead agency for the fluoridation of the City’s water has no fiscal impact. Passed by the following vote of all the Council Members elected voting in favor thereof: Affirmative - | Anane, Balarin, Clarke, Farrell, Frederick, Hoey, Johnson, Keegan, Kimbrough, Robinson, Romero, and Zamer Negative — Adams Affirmative: 12 Negative: 1 Abstain: 0 Clerk of the Common Council President of the Common Council Mayor Date I, Shaniqua Jackson, Acting City Clerk and Acting Clerk of the Common Council, do hereby certify that Resolution 121.122.23R was passed at a meeting of the Albany Common Council on December 18, 2023. In affirmation thereof, I hereto set my hand and affix The Seal of the City of Albany this 19th day of December, 2023. Shaniqua Jackson, Acting Clerk of the Common Council Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or Moderate small to large impact impact may may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? SSS 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? RS) SSNS) 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ee reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, ee waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? PRINT FORM Page 1 of 2 SEAF 2019 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Please see attached document. [| Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Albany Common Council 4 February 6, 2024 Name of Lead Agency Date Kelly Kimbrpugh - President Pro Tempore Print or Ty pean Officer in Lead Agency Title of Responsible Officer Si re of Responsible Officer in Lead Agency Signatufe\of Preparer\(if different from Responsible Officer) PRINT FORM Page 2 of 2 After public feedback, as well as discussions with state and local agencies, the Common Council of Albany, New York has determined that the action shall not have a significant impact on the environment. In its review, the Council identified four main environmental concerns. However, through discussions with subject matter experts, publicly recorded in committee meetings and through public comment, the Common Council has determined that those concerns will not negatively impact the environment. The first environmental concern that the Common Council considered was whether fluoride, when added to the City’s water supply, could have a negative impact on the health of Albany residents. Some residents expressed concern about potential health impacts of higher fluoride levels in the water supply, raising concerns over potential health impacts – particularly effects on mental development and stained teeth. Our research has determined that, similar to overexposure to many chemicals, excessive concentrations of Fluoride can be detrimental. However, the concentration at which fluoride would be added to the City of Albany’s water will be at levels regulated and monitored by public health agencies. Albany does not have natural fluoride levels in our reservoir high enough to result in such complications. Through extensive research, consultations with health experts, and consideration, the Common Council has determined that adding fluoride to the City of Albany’s water supply at the concentration proposed would not have a negative impact on the health of Albany's residents. On the contrary, adding fluoride to the water supply will improve dental health outcomes among residents, reducing cavities and the complications that come with them. The Federal Centers for Disease Control and Prevention (CDC) has offered multiple meta-studies, parsing community water fluoridation data and describing the benefits to water fluoridation. The conclusions of these studies are consistent. “. . . Fluoride prevents caries among adults of all ages.” (Griffin SO, Regnier E, Griffin PM, Huntley V. Effectiveness of fluoride in preventing caries in adults. J Dent Res. 2007 May;86(5):410-5. doi: 10.1177/154405910708600504. PMID: 17452559). “Water fluoridation was associated with an increased proportion of children without caries and a reduction in the number of teeth affected by caries.” (McDonagh MS, Whiting PF, Wilson PM, Sutton AJ, Chestnutt I, Cooper J, Misso K, Bradley M, Treasure E, Kleijnen J. Systematic review of water fluoridation. BMJ. 2000 Oct 7;321(7265):855-9. doi: 10.1136/bmj.321.7265.855. PMID: 11021861; PMCID: PMC27492). Furthermore, when students have dental issues, the pain can disrupt their education. While wealthier children can overcome this, often with expensive dental treatments, poorer students are often left to suffer, impacting their schoolwork and making it harder for them to succeed when compared to their peers. The statistics show that “. . . water fluoridation attenuates income฀related inequalities in dental caries.” (Sanders AE, Grider WB, Maas WR, Curiel JA, Slade GD. Association Between Water Fluoridation and Income-Related Dental Caries of US Children and Adolescents. JAMA Pediatr. 2019 Mar 1;173(3):288-290. doi: 10.1001/jamapediatrics.2018.5086. PMID: 30688985; PMCID: PMC6439886). The complexities around scientific studies often result in data points that are taken out of context. A good way to ensure that an analysis focuses on fluoride is to compare two similar groups, with fluoridation being the only difference between the samples. While it is impossible to truly eliminate any possible externality, the most informative studies are those comparing similarly situated municipalities. One good example is a case study between the comparable cities of Calgary and Edmonton in Alberta, Canada. These two cities are very similar; they are in the same Canadian province and have a population differential of less than 100,000, both today and in 2009. That was the year when one of those cities, Calgary, stopped fluoridating their water. The rate of dental decay rose dramatically, with its rate soon eclipsing that of Edmonton. (McLaren, Lindsay, et al. “Flouridation cessation and children’s dental caries: a 7-Year follow- up evaluation of Grade 2 schoolchildren in Calgary and Edmonton, Canada.” Community Dentistry and Oral Epidemiology (2021)). The second environmental concern considered is the effect that the addition of fluoride could have on the broader environment. The City of Albany has two large reservoirs located outside City limits, within Albany County – the Alcove in the Towns of Coeymans and Westerlo, and the Basic Creek in Westerlo – as well as the finished water storage at the Loudonville Reservoir, which straddles the border between the City and the Town of Colonie. Fluoride will not be added to the City’s water supply until after the water has been taken from the Alcove reservoir. There is no direct connection between Basic Creek and the water treatment facility either; water from basic creek only flows into the Alcove reservoir when needed to maintain the water supply. Thus, fluoridation will not affect either the Alcove or Basic Creek Reservoirs and the environments around them. Nevertheless, through the many uses to which residents, visitors, and businesses in Albany put the water supply, some measure of fluoridated water will inevitably end up in the broader local environment. Numerous studies, including research collated by Dr. Howard Pollick of the University of Southern Florida School of Dentistry and published by the CDC, have demonstrated that fluoride, in the concentrations typically added to drinking water supplies, is not harmful to the environment. (Water Fluoridation and the Environment: Current Perspective in the United States HOWARD F. POLLICK, BDS, MPH, INT J OCCUP ENVIRON HEALTH 2004;10:343–350). As Dr. Pollick wrote, water fluoridation is only "the controlled adjustment of fluoridation concentrations of community water systems to optimal levels… Since the chemicals used for water fluoridation are co-products of the manufacture of phosphate fertilizers, and the raw material used is a natural resource (rocks excavated for their mineral content), water fluoridation could accurately be described as environmentally friendly, as it maximizes the use made of these natural resources, and reduces waste." Studies have shown that runoff of fluoridated water theoretically could raise the concentration of fluoride in rivers by 0.001-0.002 mg/L, “a value not measureable by current analytic techniques,” even using industry standard instruments, and “well below” the levels “recommended for environmental safety.” Similarly, “the concentration of fluoride in … treated water did not reach levels that could harm any plant or animal species,” and “there is no evidence that fluoridated water has any effect on gardens, lawns, or plants;” indeed, at least one study found that there was no appreciable effect on food grown with fluoridated water and then consumed by humans. The EPA and National Association of Corrosion Engineers have also determined that “corrosion is not related to fluoride.” The final environmental concern is whether any of the repairs or renovations required at City facilities to effectuate the fluoridation of the water supply will have any environmental impact. No significant impacts have been identified. The existing water treatment plant, where fluoride would be added, has space available for the chemical storage tanks and chemical feed equipment which will be required to fluoridate the water supply. Any necessary construction will take place only within the existing property footprint. The Water Department’s eventual design plan for the required renovations will also be submitted to the New York State Health Department’s Bureau of Public Water Supply for approval. Ultimately, the Common Council agrees with Dr. Pollick: “Scientific evidence supports the fluoridation of public water supplies as safe for the environment and beneficial to people. There appears to be enough concern about the environmental aspects of water fluoridation among those who have investigated the matter.” Thus, the Common Council of the City of Albany has determined that fluoridation of the City’s water supply will have no negative impacts on the environment. Council Member Frederick introduced the following: ORDINANCE 76.122.23 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 280 MOUNT HOPE DRIVE FROM MIXED USE CAMPUS/INSTITUTIONAL (MU-CI) TO MIXED USE-COMMUNITY HIGHWAY (MU-CH) AND AMENDING THE ZONING MAP ACCORDINGLY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) and the Official Zoning Map are hereby amended to change the zoning classifications of property formerly known as No. 280 Mount Hope Drive from Mixed Use Campus/Institutional (MU-CI) TO Mixed Use-Community Highway (MU-CH), said property being more particularly described as follows: The parcel of land situated in the City of Albany, County of Albany and State of New York, being more particularly described as follows: Section: 87.5 Block: 3 Lot: 5.1 Said premises, more commonly known as 280 Mount Hope Drive, measuring approximately 3.8± acres. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 8TH DAY OF DECEMBER, 2023 _____________________________ Corporation Counsel To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: December 6, 2023 SPONSOR Council Member Frederick ORDINANCE 76.122.23 TITLE AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 280 MOUNT HOPE DRIVE FROM MIXED USE CAMPUS/INSTITUTIONAL (MU-CI) TO MIXED USE-COMMUNITY HIGHWAY (MU-CH) AND AMENDING THE ZONING MAP ACCORDINGLY GENERAL PURPOSE OF LEGISLATION The action is a proposed ordinance to amend the zoning map of the City of Albany for the property 280 Mt. Hope Avenue. The properties are currently zoned MU-CI. This legislation would change that to MU-CH, which is more consistent with the nearby properties of Mt. Hope Drive and Southern Boulevard. The changes proposed herein will also need to be referred to the County Planning Board under General Municipal Law § 239-M. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Amendments to the Zoning Map and the USDO require Common Council action by ordinance. FISCAL IMPACTS: None. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, February 22, 2024 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 (Revised 2/9/2024) Page 1 of 11 NOTICE OF PUBLIC HEARING Notice is hereby given that a Common Council Public Hearing will be held on February 22, 2024 at 7:00PM and will be held in advance of the potential passage of the following ordinance. This meeting will be an in-person meeting in the Common Council Chambers, City Hall and will be held on the following matter: ORDINANCE 76.122.23, Sponsored by Council Member Frederick AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 280 MOUNT HOPE DRIVE FROM MIXED USE CAMPUS/INSTITUTIONAL (MU-CI) TO MIXED USE-COMMUNITY HIGHWAY (MU-CH) AND AMENDING THE ZONING MAP ACCORDINGLY Documents may be inspected between the hours of 8:30 AM and 5:00 PM, Monday through Friday, in the office of the Common Council, 24 Eagle St, Rm 206, Albany, NY 12207. Efforts will also be made to make documents available for viewing online at: https://www.albanyny.gov/2187/Albany-Common-Council This public hearing is being held pursuant to guidelines established in the Open Meetings Law and anyone wishing to be heard can submit written comments (commoncouncil@albanyny.gov) or provide in-person testimony on the ordinance before the Common Council for consideration. The Public Hearing will be livestreamed to our YouTube© page: https://www.youtube.com/@albanycommoncouncil5666 We encourage all interested parties to submit written comments by 12 noon on February 5, 2024. Anyone wishing to be heard will have an opportunity to do so at the above stated time and location. Shaniqua Jackson City Clerk (Revised 2/9/2024) Page 2 of 11 Albany Common Council Active Calendar Thursday, February 22, 2024 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. Note(s): The SEQRA review for Local Law K of 2023 is now available at the Office of the Common Council at 24 Eagle St, Albany, NY 12207, Room 206, between the hours of 8:30 AM and 5:00 PM. Digital copies can also be requested by emailing commoncouncil@albanyny.gov. Legislation Prime Sponsor Subject Local Laws Held Hoey A LOCAL LAW AMENDING CHAPTER 371 (WATER AND K of 2023 WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ Local Laws Held Kimbrough A LOCAL LAW AMENDING SECTION 604 OF THE CHARTER M of 2023 OF THE CITY OF ALBANY BY CORRECTING A TYPOGRAPHICAL ERROR THEREIN Ordinances Held Flynn AN ORDINANCE AMENDING PART I (ADMINISTRATIVE 34.92.23 LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROVIDING DEFRIBRILLATORS IN MUNICIPAL WORKPLACES ⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Pending Amendment* Resolutions Held Love A RESOLUTION OF THE COMMON COUNCIL HONORING 13.21.24R THE LIFE AND LEGACY OF BLANCHE KING AND RENAMING A PORTION OF SOUTH SWAN STREET IN HER HONOR Pending Discussion at the General Services, Health & Environment Committee Meeting on Monday, February 12, 2024 Resolutions Held Love A RESOLUTION OF THE COMMON COUNCIL HONORING 14.21.24R THE LIFE AND LEGACY OF SALVATORE “SAL” TARZIA AND RENAMING A PORTION OF BEAVER STREET IN HIS HONOR Pending Discussion at the General Services, Health & Environment Committee Meeting on Monday, February 12, 2024 Resolutions Introduced Hoey A RESOLUTION OF THE COMMON COUNCIL URGING NEW 17.22.24R YORK STATE TO FULLY INVEST IN CRITICAL WATER INFRASTRUCTURE IMPROVEMENTS Resolutions Introduced Balarin A RESOLUTION OF THE COMMON COUNCIL SUPPORTING 18.22.24R THE PASSAGE OF GOOD CAUSE EVICTION AT THE STATE LEVEL AS WRITTEN (Revised 2/9/2024) Page 3 of 11 Resolutions Introduced Hoey A RESOLUTION OF THE COMMON COUNCIL DECLARING 19.22.24R ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE FLUORIDATION OF THE CITY’S WATER SUPPLY AND ISSUING A NEGATIVE DECLARATION Resolutions Held Hoey A RESOLUTION OF THE CITY OF ALBANY’S COMMON 7.12.24R COUNCIL CALLING THE CITY OF ALBANY TO MATCH COUNTY FUNDING TO PERFORM A TRAFFIC STUDY ON RUSSELL ROAD AND BERKSHIRE BOULEVARD Pending Discussion at the Public Safety Committee Meeting on Tuesday, February 13, 2024 (Revised 2/9/2024) Page 4 of 11 Local Laws Introduced 1 Balarin Local Law A of 2024 A LOCAL LAW AMENDING PART 8 (SUSTAINABILITY ADVISORY COMMITTEE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING AND INCREASING THE SIZE OF THE SUSTAINABILITY ADVISORY COMMITTEE (Revised 2/9/2024) Page 5 of 11 Local Laws Held 1 Johnson Local Law C of 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* 2 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 & Land Use* 3 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 *Referred to Joint Finance and Human Rights Committee* 4 Romero Local Law J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety* 5 Romero Local Law K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety* 6 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* 7 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* 8 Adams *Pending Amendment* Local Law F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS *Referred to Law, Buildings & Code Enforcement | Discussed: 2/7/2024* (Revised 2/9/2024) Page 6 of 11 9 Hoey *Under Consideration* Local Law K of 2023 A LOCAL LAW AMENDING CHAPTER 371 (WATER AND WATERWAYS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING FLUORIDE COMPOUNDS TO THE WATER SUPPLY⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Passed the General Services, Health & Environment Committee | Discussed: 11/16/2023* 10 Anane Local Law L of 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” *Referred to Law, Buildings & Code Enforcement | Discussion: 2/27/2024* 11 Kimbrough *Under Consideration* Local Law M of 2023 A LOCAL LAW AMENDING SECTION 604 OF THE CHARTER OF THE CITY OF ALBANY BY CORRECTING A TYPOGRAPHICAL ERROR THEREIN *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 2/7/2024* (Revised 2/9/2024) Page 7 of 11 Ordinances Held 1 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 & Code Enforcement* 2 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 & Ethics* 3 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* 4 Romero Ordinance 15.41.23 AN ORDINANCE AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SIGNALIZATION AND PEDESTRIAN INTERVALS *Referred to Law, Buildings & Code Enforcement* 5 Farrell Ordinance 16.42.23 AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussion: 2/27/2024* 6 Kimbrough Ordinance 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN- OWNED AND CONTROLLED BUSINESSES *Referred to Human Resources & Human Rights* 7 Keegan Ordinance 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITTING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE *Referred to General Services, Health & Environment | Discussion: 2/12/2024* 8 Adams Ordinance 33.82.23 AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PARCELS AT 34 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-10), 38 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-9), AND 181 MYRTLE AVENUE (TAX MAP PARCEL NUMBER 76.40-2-37) TO CAPITAL ROOTS, INC. *Referred to Finance, Assessment and Taxation* 9 Flynn *Pending Amendment* Ordinance 34.92.23 *Under Consideration* AN ORDINANCE AMENDING PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROVIDING DEFRIBRILLATORS IN MUNICIPAL WORKPLACES ⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 2/7/2024* (Revised 2/9/2024) Page 8 of 11 10 Adams Ordinance 35.92.23 AN ORDINANCE AMENDING ARTICLE XIII (PARKING METERS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING COLUMBUS DAY TO INDIGINOUS PEOPLES DAY *Referred to Law, Buildings & Code Enforcement* 11 Romero Ordinance 38.101.23 AN ORDINANCE AMENDING ARTICLE XII (VEHICLE AND TRAFFIC CONTROLS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SAFETY INFRASTRUCTURE *Referred to Law, Buildings & Code Enforcement | Discussion: 3/3/2024* 12 Anane Ordinance 74.111.23 AN ORDINANCE CREATING THE “COMMISSION ON THE MUNICIPAL FLAG” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO CREATING A CONTEST TO DETERMINE A NEW FLAG FOR THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussion: 2/27/2024* 13 Frederick Ordinance 76.122.23 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 280 MOUNT HOPE DRIVE FROM MIXED USE CAMPUS/INSTITUTIONAL (MU- CI) TO MIXED USE-COMMUNITY HIGHWAY (MU-CH) AND AMENDING THE ZONING MAP ACCORDINGLY *Referred to Planning, Economic Development & Land Use* 14 Kimbrough *Pending Amendment* Ordinance 77.122.23 AN ORDINANCE AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO UPDATING THE PROCESS FOR SPECIAL EVENT PERMITS *Referred to Law, Buildings & Code Enforcement | Discussed: 2/7/2024* 15 Flynn Ordinance 1.12.24 AN ORDINANCE AMENDING SECTION 353-63 (“MAXIMUM CHARGES”) OF CHAPTER 353 (“VEHICLES FOR HIRE”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE MAXIMUM FEE TOW TRUCK OPERATORS MAY CHARGE FOR TOWS NOT REQUESTED BY THE OWNER OF THE VEHICLE TO BE TOWED *Referred to Public Safety | Discussed: 2/6/2024* 16 Farrell Ordinance 2.21.24 AN ORDINANCE REPEALING ARTICLE I (TAXICABS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement* 17 Anane Ordinance 3.21.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS *Referred to Planning, Economic Development & Land Use* 18 Flynn Ordinance 4.21.24 AN ORDINANCE AMENDING ARTICLE I (REMOVAL OF GARBAGE) CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE FINE STRUCTURE FOR VIOLATIONS OF THE SAID ARTICLE *Referred to Law, Buildings & Code Enforcement* (Revised 2/9/2024) Page 9 of 11 Resolutions Introduced 1 Hoey *Under Consideration* Resolution 17.22.24R A RESOLUTION OF THE COMMON COUNCIL URGING NEW YORK STATE TO FULLY INVEST IN CRITICAL WATER INFRASTRUCTURE IMPROVEMENTS 2 Balarin *Under Consideration* Resolution 18.22.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE PASSAGE OF GOOD CAUSE EVICTION AT THE STATE LEVEL AS WRITTEN 3 Hoey *Under Consideration* Resolution 19.22.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF LEAD AGENCY FOR THE STATE ENVIRONMENTAL QUALITY REVIEW OF THE FLUORIDATION OF THE CITY’S WATER SUPPLY AND ISSUING A NEGATIVE DECLARATION (Revised 2/9/2024) Page 10 of 11 Resolutions Held 1 Hoey Resolution 13.21.22R A RESOLUTION OF THE COMMON COUNCIL REQUESTING THE ALBANY WATER BOARD TO FLUORINATE THE WATER OF THE CITY OF ALBANY *Referred to General Services, Health & Environment* 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 & Family Services* 3 Clarke Resolution 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 *Passed the General Services, Health & Environment Committee | Discussed: 2/15/2023* 4 Adams Resolution 95.92.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE SECOND MONDAY IN OCTOBER OF EACH YEAR AS INDIGENOUS PEOPLES' DAY IN ALBANY *Referred to Law, Buildings & Code Enforcement* 5 Hoey *Under Consideration* Resolution 7.12.24R A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CALLING THE CITY OF ALBANY TO MATCH COUNTY FUNDING TO PERFORM A TRAFFIC STUDY ON RUSSELL ROAD AND BERKSHIRE BOULEVARD *Referred to Public Safety | Discussion: 2/13/2024* 6 Love Resolution 9.12.24R (MC) A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES *Referred to Public Safety | Discussion: 2/13/2024* 7 Love *Under Consideration* Resolution 13.21.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF BLANCHE KING AND RENAMING A PORTION OF SOUTH SWAN STREET IN HER HONOR *Referred to General Services, Health & Environment | Discussion: 2/12/2024* 8 Love *Under Consideration* Resolution 14.21.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF SALVATORE “SAL” TARZIA AND RENAMING A PORTION OF BEAVER STREET IN HIS HONOR *Referred to General Services, Health & Environment | Discussion: 2/12/2024* 9 Balarin Resolution 15.21.24R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE RE-APPOINTMENT OF CHRISTOPHER BURKE TO THE ALBANY PARKING AUTHORITY BOARD OF DIRECTORS *Referred to Planning, Economic Development & Land Use* (Revised 2/9/2024) Page 11 of 11