1. Meeting Agenda 1.I. April 7, 2025 | Agenda/Active Calendar Documents: 25 AGENDA-ACTIVE CALENDAR 0407.PDF 2. Supporting Legislation Legislation that is being introduced for the first time 2.I. April 7, 2025 | Supporting Legislation Documents: 250407 SUPPORTING LEGISLATION.PDF 2.I.i. April 7, 2025 | S1280 - Healthy Homes Right To Know Act Documents: S1280 HEALTHY HOMES RIGHT TO KNOW ACT.PDF 2.I.ii. April 7, 2025 | S4659 - Rent Emergency Stabilization For Tenants Act Documents: S4659-A RENT EMERGENCY STABILIZATION FOR TENANTS ACT.PDF 3. Active Legislation Legislation that was previously introduced and is now being considered by the body 3.I. April 7, 2025 | Active Legislation Documents: 250407 ACTIVE LEGISLATION.PDF 4. Majority Consent (MC) 5. Supporting Document 5.I. April 7, 2025 | Local Law J Of 2024 Documents: LOCAL LAW J OF 2024 (PA 4.7.25) (KEEGAN) DEPARTMENT OF ENGINEERING.PDF 6. Minutes 7. Written Comment 8. Active Calendar AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, April 07, 2025 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 remotely and in the Common Council Chambers in City Hall and live streamed on YouTube and Facebook. 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 12:00 noon on the day of the meeting or provided in-person immediately prior to the meeting. Members of the public who wish to provide public comment remotely are asked to submit the public comment request through the public comment form on the Common Council webpage. All comments are subject to FOIL. YouTube: https://www.youtube.com/@albanycommoncouncil Facebook https://www.facebook.com/albany.commoncouncil 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 3/28/2025) Page 1 of 10 Albany Common Council Active Calendar Monday, April 07, 2025 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. Legislation Prime Sponsor Subject Ordinances Held Farrell AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND 24.81.24 TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO *Pending Amendment* THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY Resolutions Introduced Balarin A RESOLUTION OF THE COMMON COUNCIL ENDORSING 20.41.25R THE EXPANSION OF ACCESS TO RENT STABILIZATION THROUGH THE RENT EMERGENCY STABILIZATION FOR TENANTS (REST) ACT (SENATE BILL 4659-A/ASSEMBLY BILL 4877-A) Resolutions Introduced Love A RESOLUTION OF THE COMMON COUNCIL DECLARING 22.41.25R APRIL 2025 TO BE MINORITY CANCER AWARENESS MONTH IN THE CITY OF ALBANY Resolutions Introduced Clarke A RESOLUTION OF THE COMMON COUNCIL SUPPORTING 23.41.25R THE PASSAGE OF THE NEW YORK STATE LEGISLATURE'S "HEALTHY HOMES RIGHT TO KNOW ACT", WHICH REQUIRES THE DISPLAY OF CERTAIN LABELS AND WARNINGS ON GAS STOVES Resolutions Introduced Balarin A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING 24.41.25R AND CELEBRATING APRIL 2025 AS ARAB AMERICAN HERITAGE MONTH IN THE CITY OF ALBANY Resolutions Introduced Keegan A RESOLUTION OF THE COMMON COUNCIL 25.41.25R COMMEMORATING APRIL OF 2025 AS AUTISM AWARENESS MONTH Resolutions Introduced Kimbrough A RESOLUTION OF THE COMMON COUNCIL 26.41.25R REMEMBERING AND HONORING WILLIAM HENRY JOHNSON’S LEGACY Resolutions Introduced Kimbrough A RESOLUTION OF THE COMMON COUNCIL 27.41.25R ACKNOWLEDGING THE WEEK OF APRIL 6TH THROUGH 12TH AS NATIONAL CRIME VICTIMS' RIGHTS WEEK (Revised 3/28/2025) Page 2 of 10 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 | Discussed: 6/9/2022* 2 Balarin 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 | Discussed: 12/21/2022* 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 | Discussed: 5/13/2024* 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 | Discussed: 9/28/2022* 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 | Discussed: 9/28/2022* 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 | Discussed: 9/28/2022* 7 Adams 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: 4/3/2024* (Revised 3/28/2025) Page 3 of 10 8 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* 9 Farrell Local Law C of 2024 A LOCAL LAW AMENDING CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE XV (GREEN BUILDING REQUIREMENTS) THERETO AND PROVIDING FOR A COOL ROOF REQUIREMENT *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 5/1/2024* 10 Flynn Local Law G of 2024 A LOCAL LAW AMENDING SECTIONS 301 AND 403 OF THE CHARTER OF THE CITY OF ALBANY IN RELATION TO THE DEPUTY MAYOR *Referred to Law, Buildings & Code Enforcement* 11 Robinson Local Law I of 2024 A LOCAL LAW AMENDING PART 36 (COMMISSION ON HUMAN RIGHTS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING AN END-OF-TERM DATE FOR COMMISSION MEMBERS *Referred to Human Resources & Human Rights* 12 Keegan *Pending Amendment* Local Law J of 2024 A LOCAL LAW AMENDING ARTICLE III (EXECUTIVE BRANCH) OF THE CHARTER OF THE CITY OF ALBANY AND VARIOUS PROVISIONS OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF THE DEPARTMENT OF ENGINEERING AND POSITION OF COMMISSIONER OF THE DEPARTMENT OF ENGINEERING, AND PRESCRIBING THE DUTIES THEREOF *Passed the General Services, Health & Environment Committee | Discussed: 3/11/2025* 13 Anane *Pending Amendment* Local Law L of 2024 A LOCAL LAW AMENDING ARTICLE I (EMPLOYEE RESIDENCY REQUIREMENT) OF CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BROADENING THE EMPLOYEE RESIDENCY REQUIREMENT *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 3/20/2025* (Revised 3/28/2025) Page 4 of 10 Ordinances Introduced 1 Balarin Ordinance 2.41.25 AN ORDINANCE AMENDING PART 38 (PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD [PEGAOB]) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE COMPOSITION OF THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD 2 Conti Ordinance 3.41.25 AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CIT Y OF ALBANY IN RELATION TO UPDATING THE CITY'S ENTERTAINMENT LICENSING PROVISIONS (Revised 3/28/2025) Page 5 of 10 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 | Discussed: 6/26/2023* 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 | Discussed: 9/24/2024* 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 | Discussed: 9/14/2023* 7 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 | Discussed: 9/18/2023* 8 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 INDIGENOUS PEOPLES DAY *Referred to Law, Buildings & Code Enforcement* (Revised 3/28/2025) Page 6 of 10 9 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 | Discussed: 4/3/2024* 10 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* 11 Adams Ordinance 8.32.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY ALLOWING MORE EMPLOYEE RESIDENTIAL PARKING PERMITS *Referred to Law, Buildings & Code Enforcement* 12 Romero Ordinance 14.51.24 AN ORDINANCE AMENDING PART 10 (BOARD OF CONTRACT AND SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE PROJECT LABOR AGREEMENTS IN THE CITY OF ALBANY FOR CERTAIN CONSTRUCTION PROJECTS *Referred to Law, Buildings & Code Enforcement* 13 Romero Ordinance 15.51.24 AN ORDINANCE AMENDING CHAPTER 62 (LABOR) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING UNJUST TERMINATIONS *Referred to Law, Buildings & Code Enforcement* 14 Flynn Ordinance 17.53.24 AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS), PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS), AND CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REVISING REQUIREMENTS FOR CABARET AND ACCESSORY ENTERTAINMENT *Referred to Planning, Economic Development & Land Use | Discussed: 11/19/2024* 15 Farrell Ordinance 18.61.24 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PILOT PROGRAM FOR STREET PERFORMERS *Referred to Law, Buildings & Code Enforcement | Discussed: 9/24/2024* 16 Romero Ordinance 20.62.24 AN ORDINANCE AMENDING SECTION 357-74 (“ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT SYSTEM”) OF CHAPTER 359 (“VEHICLES AND TRAFFIC”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MODIFYING THE BOUNDARIES OF THE RESIDENTIAL PARKING PERMIT SYSTEM *Referred to Planning, Economic Development & Land Use* (Revised 3/28/2025) Page 7 of 10 17 Frederick Ordinance 21.71.24 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO TRUCK PARKING RESTRICTIONS *Referred to Law, Buildings & Code Enforcement* 18 Keegan Ordinance 22.72.24 AN ORDINANCE AMENDING ARTICLE IX (PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE DEFINITIONS OF AGGRESSIVE SOLICITATION *Referred to Public Safety | Discussed: 1/28/2025* 19 Anane Ordinance 23.81.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADDING SINGLE-, TWO-, AND THREE- UNIT DETACHED DWELLINGS AS PERMITTED USES IN THE MU-CI ZONING DISTRICT *Passed the Planning, Economic Development & Land Use Committee | Discussed: 10/28/2024* 20 Farrell *Pending Amendment* Ordinance 24.81.24 *Under Consideration* AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 3/20/2025* 21 Farrell Ordinance 25.82.24 AN ORDINANCE AMENDING ARTICLE XXI (GENERAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DUTIES OF THE BOARD OF ASSESSMENT REVIEW *Referred to Finance, Assessment and Taxation* 22 Kimbrough Ordinance 26.91.24 AN ORDINANCE AMENDING ARTICLE IIA (HONORARY STREET NAMINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING AND CLARIFYING HONORARY STREET NAMINGS BY ELECTED OFFICIALS *Referred to General Services, Health & Environment* 23 Anane Ordinance 68.121.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PERMITTING ACCESSORY DWELLING UNITS *Referred to Planning, Economic Development & Land Use* 24 Conti Ordinance 1.22.25 AN ORDINANCE AMENDING ARTICLE VIII (RESIDENTIAL PARKING PERMIT SYSTEM) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DESIGNATING PERMIT PARKING ONLY SPACES IN KNOX ALLEY *Referred to Planning, Economic Development & Land Use* (Revised 3/28/2025) Page 8 of 10 Resolutions Introduced 1 Balarin *Under Consideration* Resolution 20.41.25R A RESOLUTION OF THE COMMON COUNCIL ENDORSING THE EXPANSION OF ACCESS TO RENT STABILIZATION THROUGH THE RENT EMERGENCY STABILIZATION FOR TENANTS (REST) ACT (SENATE BILL 4659-A/ASSEMBLY BILL 4877-A) 2 Love *Under Consideration* Resolution 22.41.25R A RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 2025 TO BE MINORITY CANCER AWARENESS MONTH IN THE CITY OF ALBANY 3 Clarke *Under Consideration* Resolution 23.41.25R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE PASSAGE OF THE NEW YORK STATE LEGISLATURE'S "HEALTHY HOMES RIGHT TO KNOW ACT", WHICH REQUIRES THE DISPLAY OF CERTAIN LABELS AND WARNINGS ON GAS STOVES 4 Balarin *Under Consideration* Resolution 24.41.25R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING APRIL 2025 AS ARAB AMERICAN HERITAGE MONTH IN THE CITY OF ALBANY 5 Keegan *Under Consideration* Resolution 25.41.25R A RESOLUTION OF THE COMMON COUNCIL COMMEMORATING APRIL OF 2025 AS AUTISM AWARENESS MONTH 6 Kimbrough *Under Consideration* Resolution 26.41.25R A RESOLUTION OF THE COMMON COUNCIL REMEMBERING AND HONORING WILLIAM HENRY JOHNSON’S LEGACY 7 Kimbrough *Under Consideration* Resolution 27.41.25R A RESOLUTION OF THE COMMON COUNCIL ACKNOWLEDGING THE WEEK OF APRIL 6TH THROUGH 12TH AS NATIONAL CRIME VICTIMS' RIGHTS WEEK (Revised 3/28/2025) Page 9 of 10 Resolutions Held 1 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* 2 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* 3 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* 4 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 | Discussed: 2/13/2024* 5 Frederick Resolution 82.81.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS INCLUDED IN THE 2024 CITY BUDGET, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL *Passed the Finance, Assessment and Taxation Committee | Discussed: 10/23/2024* 6 Robinson Resolution 86.81.24R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING RICHARD CONTI AS A MEMBER OF THE COMMISSION ON HUMAN RIGHTS *Referred to Human Resources & Human Rights* 7 Adams Resolution 15.32.25R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE COMMISSIONER OF THE DEPARTMENT OF ASSESSMENT AND TAXATION TO PLACE PROPERTY OWNED BY PRAISE TABERNACLE CHURCH OF GOD ON THE EXEMPT PORTIONS OF THE 2021, 2022, AND 2023 ASSESSMENT ROLLS AND TO EXEMPT SUCH PROPERTY FROM TAXES BASED ON THOSE ROLLS *Referred to Finance, Assessment and Taxation* 8 Love Resolution 16.32.25R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF WINNIE MAE EVERETT AND RENAMING A PORTION OF SHERIDAN AVENUE IN HER HONOR *Referred to General Services, Health & Environment* (Revised 3/28/2025) Page 10 of 10 COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION APRIL 7, 2025 ORDINANCES 2.41.25 AN ORDINANCE AMENDING PART 38 (PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD [PEGAOB]) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE COMPOSITION OF THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD 3.41.25 AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO UPDATING THE CITY’S ENTERTAINMENT LICENSING PROVISIONS RESOLUTIONS 20.41.25R A RESOLUTION OF THE COMMON COUNCIL ENDORSING THE EXPANSION OF ACCESS TO RENT STABILIZATION THROUGH THE RENT EMERGENCY STABILIZATION FOR TENANTS (REST) ACT (SENATE BILL 4659-A/ASSEMBLY BILL 4877-A) 22.41.25R A RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 2025 TO BE MINORITY CANCER AWARENESS MONTH IN THE CITY OF ALBANY 23.41.25R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE PASSAGE OF THE NEW YORK STATE LEGISLATURE’S “HEALTHY HOMES RIGHT TO KNOW ACT,” WHICH REQUIRES THE DISPLAY OF CERTAIN LABELS AND WARNINGS ON GAS STOVES 24.41.25R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING APRIL 2025 AS ARAB AMERICAN HERITAGE MONTH 25.41.25R A RESOLUTION OF THE COMMON COUNCIL COMMEMORATING APRIL 2025 AS AUTISM AWARENESS MONTH 26.41.25R A RESOLUTION OF THE COMMON COUNCIL REMEMBERING AND HONORING WILLIAM HENRY JOHNSON’S LEGACY 27.41.25R A RESOLUTION OF THE COMMON COUNCIL ACKNOWLEDGING THE WEEK OF APRIL 6TH THROUGH 12TH AS NATIONAL CRIME VICTIMS' RIGHTS WEEK Council Member Balarin, on behalf of the Committee on Planning, Economic Development, and Land Use, introduced the following: ORDINANCE 2.41.25 AN ORDINANCE AMENDING PART 38 (PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD [PEGAOB]) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE COMPOSITION OF THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection (A) of section 42-376 (Membership; term; compensation; vacancies; quorum.) of Part 38 (Public, Education and Government Access Oversight Board) 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: A. The PEGAOB shall be composed of 11 voting members, four of whom shall be appointed by the Common Council and three of whom shall be appointed by the Mayor; however, one such Mayoral appointee shall be subject to the restrictions described below. The term of each member shall be three years; provided, however, that of the initial members, two appointed by the Common Council shall serve for a one-year term; one appointed by the Common Council and one appointed by the Mayor shall serve for a two-year term; and one appointed by the Common Council and one appointed by the Mayor shall serve for a three- year term. The remaining members of the Board shall be composed of the following: one representative from the Albany City School District; one representative from the College of St. Rose State University of New York at Albany; one representative from the Albany Community Development Agency; one representative from the Albany Public Library District; and one current or former member of the local radio or television broadcast community who shall be appointed by the Mayor upon consultation with the PEGAOB Chairperson. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 28TH DAY OF MARCH, 2025 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Legislative Director Re: Request for Common Council Legislation Supporting Memorandum Date: March 20, 2025 Sponsor: Council Member Balarin, on behalf of the Committee on Planning, Economic Development and Land Use ORDINANCE 2.41.25 TITLE AN ORDINANCE AMENDING PART 38 (PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD [PEGAOB]) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE COMPOSITION OF THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD GENERAL PURPOSE OF LEGISLATION To update the composition of the Public, Education and Government Access Oversight Board. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW With the closure of the College of Saint Rose, the Public, Education and Government Access Oversight Board lost a voting member of the body, affecting the board's ability to have a consistent quorum for regular meetings. Recognizing the importance of stakeholder positions on the board, this ordinance exchanges the College of Saint Rose with the University at Albany, another local higher education institution with significant media presence that has indicated its willingness to participate as part of the board. As the board has been without this stakeholder member for a year, passage of the ordinance is requested as soon as is practicable. FISCAL IMPACT No fiscal impact is expected; members do not receive stipends and personnel costs remain the same. Council Member Conti introduced the following: ORDINANCE 3.41.25 AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO UPDATING THE CITY’S ENTERTAINMENT LICENSING PROVISIONS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Part 3 (Cabarets) of Chapter 111 (Amusements) of Part II (General Legislation) of the Code of the City of Albany is hereby repealed, and replaced with the following: Part 3 (Accessory Entertainments) Article VIII Accessory Entertainment Licenses § 111-64. Definitions. As used in this article, the following terms shall have the meanings indicated: ACCESSORY ENTERTAINMENT The use of any room, place, or space of public assembly for the purpose of live musical entertainment, singing, and dancing, excluding: A. A church, fraternal or membership organization or other similar not-for-profit organization conducting an accessory entertainment use on a non-commercial basis related to such organization’s religious or educational purposes; and/or B. An establishment that provides medical care and/or treatment. C. Music or other sounds played for purposes of ambiance associated with a bar/tavern, cannabis consumption site, restaurant, or retail. D. Music or other sounds produced by live performers at small establishments using acoustic instruments or acoustic instruments with low-level amplification. COMPLETE APPLICATION An application that has been certified by the City Clerk as containing all applicable information per § 111-67(b) and having been signed by the applicant attesting that all such information is truthful and accurate. SMALL ESTABLISHMENTS Material in strikethrough to be deleted. Matter underlined is new material. Small establishments are those with an occupancy limit of 49 or fewer, as determined by the New York State Uniform Fire Prevention and Building Code, as applied by the Chief Building Official. § 111-65 License required. Notwithstanding any inconsistent provision of this Code, or any prior decision or authorization issued hereunder, it shall be unlawful for any person to conduct, maintain or operate, or engage in the business of conducting, maintaining or operating an accessory entertainment unless the premises wherein the same is conducted, maintained or operated are licensed in the manner prescribed herein. § 111-66 Exemptions. This article shall not apply to premises operated by the State of New York or its political subdivisions. § 111-67 Application for issuance or renewal of license. A. Every person desiring a license hereunder shall complete and submit a written application to the City Clerk’s Office in a form approved by the City Clerk. B. The application shall include the following information: (1) The name of the person submitting the application. (2) The name of the business. (3) The address of the business. (4) The principal offices of the business if different from the business location. (5) The location where the accessory entertainment shall take place. (6) Whether such events are proposed to take place indoors or outdoors. (7) The owner of the building where said entertainment shall take place. (8) If an establishment is licensed to serve alcohol, a copy of the liquor license or, if the establishment has no such license to serve alcohol, a statement as to whether applicant intends to pursue a liquor license during the period of the proposed accessory entertainment license. (9) A copy of the certificate of occupancy for the premises at which the accessory entertainment is proposed to be undertaken. Material in strikethrough to be deleted. Matter underlined is new material. (10) The names, telephone numbers and addresses of all owners of the business and the manager or person in control of the establishment. (11) The type of entertainment provided. (12) The expected number of persons in attendance. (13) The expected days of the week and operating times that entertainment will be provided. C. Deficient Application Notice. If, upon receipt of an application for an accessory entertainment license or an amendment to such an application, the City Clerk or their designee determines that such application is deficient, the Clerk or their designee shall promptly issue a Deficient Application Notice to the applicant notifying the applicant of what information must be supplied in order to complete the application. An application for which a Deficient Application Notice has been issued shall not be deemed a complete application until the applicant has corrected the deficiency described in the notice. § 111-68 Public Comment. A. Upon receipt of a completed application for an accessory entertainment license, the City Clerk shall forward a copy of the application to the Chief of Police, the Chief Building Official, the Chief Planning Official, all members of the Common Council, the neighborhood association in whose area the property is located, if such exists, and the Business Improvement District in whose area the property is located, if such exists. B. Public Comment. (1) Upon receiving a complete application for an accessory entertainment license, the City Clerk shall place notice of the application on the City website with instructions for the submission of public comment concerning the application. The City Clerk shall also attempt to notify, by mail, property owners within 100 feet of the applicant's property, as currently identified by the City Assessor's Office, of the application. Such notice shall include: (i) the location of the subject property, (ii) the applicant's name, (iii) the nature of the proposed accessory entertainment, (iv) the deadline for the submission of comment, and (v) instructions on how to submit public comment. (2) Comment Period. The City Clerk shall accept public comment concerning the application for two weeks beginning from the posting of the notice of the application online. Material in strikethrough to be deleted. Matter underlined is new material. (3) Public posting. The applicant shall post one or more signs in visually conspicuous locations at the premises for which the license is sought, and in the case of a corner parcel, in at least two directions, notifying the public of the application, the process for submitting public comment concerning the application, and how to find additional information on the application. Such signs shall initially be provided by the office of the City Clerk in-person. The applicant shall make a reasonable effort to replace postings that are either removed or substantially damaged. Said signs shall only be removed once a final decision on the application has been rendered. § 111-69 Approval of license. A. The City Clerk shall consider the complete application, all written comments received, and issue a license if the application passes departmental review; B. Departmental review. (1) Departmental review shall be performed by the Chief of Police, Chief Building Official, and Chief Planning Official within 30 days of receipt of an application. The applicant and the City Clerk shall assist in the departmental review process upon the request of the Chief of Police, Chief Building Official, or Chief Planning Official. (2) The application shall be reviewed by each department according to the following criteria: (a) The Chief of Police shall review the application to ensure that it is consistent with all applicable rules and regulations and will not result in an unreasonable risk to public health and safety. (b) The Chief Building Official shall review the application to ensure that the application would not result in a violation of applicable rules and regulations, including, in particular, the New York State Uniform Building and Fire Safety Code, and the Code of the City of Albany. (c) The Chief Planning Official shall review the application to ensure that granting the proposed license: (i) Would not result in a random pattern of uses with little relationship to existing or planned development; and (ii) Would be consistent with the purposes and objectives of the zoning district and character of the neighborhood in which the proposed accessory entertainment is proposed to be located and the specific use standards applicable to the use. Material in strikethrough to be deleted. Matter underlined is new material. (d) Prospective violations of applicable noise ordinances and/or the conduct of individual prospective attendees to the proposed accessory entertainment shall not be a basis for the denial of an accessory entertainment license application. (3) If the Chief of Police, Chief Building Official, or Chief Planning Official rejects the application or imposes a condition on the approval of the application, their specific reason(s) for doing so shall be communicated in writing to the City Clerk who shall forwarded such writing to the applicant. (4) The Chief of Police, Chief Building Official, and Chief Planning Official may approve an application with such conditions reasonable conditions and restrictions as are directly related and incidental to the proposed use(s) under such license, are imposed for the purpose of minimizing any adverse impact such license may have upon the neighborhood or community within which the accessory entertainment use is located, and are directly related to the preservation of the public interest and health, safety and welfare of the citizenry. These conditions shall become conditions on the approval of the license. C. Constructive Approval. If the City Clerk fails to issue a decision denying or approving a license within 45 days of the submission of the completed application, the Clerk shall issue a temporary license effective on the 46th day, to be effective for a period of 30 days from its effective date, with such temporary license to renew for continuing 30 day periods until such time as the City Clerk grants or denies the application or notifies the applicant of a defect in their application. D. Upon issuing a license, the City Clerk shall, within one week of issuance, post such notice on the City of Albany’s website and notify the Chief of Police, the Chief Building Official, the Chief Planning Official, all members of the Common Council, all neighborhood associations, and the Business Improvement District in whose area the property is located. E. Renewals. Where an applicant seeks to renew an existing license, the term of the existing license shall continue until a decision is issued to grant or deny the new application, provided the applicant submitted a completed application for a renewed license prior to the expiration of the existing license. F. The term of an accessory entertainment license shall run from the date of its issuance for the period of three years. § 111-70 Denial of license. A. If the Clerk denies the application or approves a license subject to a condition, such decision shall be reduced to writing, and identify the department(s) responsible for the denial or condition and the basis for the denial or condition. This written decision shall promptly be provided to the applicant by certified mail and by any other medium the City Material in strikethrough to be deleted. Matter underlined is new material. Clerk determines. The City Clerk shall endeavor to immediately notify an applicant of a denial by the phone or email address provided by the applicant. B. Appeal of denial. Within 30 days of the determination by the City Clerk regarding the issuance of a license, the applicant may file an appeal of the decision with the Board of Zoning Appeals pursuant to Chapter 375 of the Code of the City of Albany. The Clerk’s Office shall, at the request of the Board of Zoning Appeals, forward the entirety of the record to the Board of Zoning Appeals for review. The Board of Zoning Appeals shall review the record and determine if the City Clerk’s decision was proper. The Board of Zoning Appeals may affirm, reverse or remand the Clerk’s decision for more thorough Departmental review to allow the Clerk to render a new decision. § 111-71 Responsibilities of the licensee. A. The licensee shall exercise said license according to all applicable laws, rules, and regulations. B. It shall be incumbent on the licensee to notify the City Clerk within thirty days of the following: (1) Changes to the names, telephone numbers and addresses of all owners of the business and the manager or person in control of the establishment; and (2) Changes in the status of the licensee’s ability to sell alcohol. § 111-72 Fees. The fee for an accessory entertainment license application shall be $250. § 111-73 Suspension and revocation of license. A. At the request of the Chief of Police, Chief Building Official, or Chief Planning Official, the City Clerk may suspend a license if the licensee violates the requirements of this article. The City Clerk shall then publicly post such written request online on the City of Albany Website. Suspensions instituted per this paragraph shall be in effect for no longer than 60 days. B. The City Clerk may suspend or revoke a license if the licensee is found to have made any false representation in the course of obtaining the license. Such suspension or revocation shall be in effect until otherwise lifted by the City Clerk or by a decision on appeal of the Board of Zoning Appeals. Material in strikethrough to be deleted. Matter underlined is new material. C. Hearing of suspension. Within 30 days of a suspension by the City Clerk, the licensee or its designee may file an appeal of the decision with the Board of Zoning Appeals pursuant to Chapter 375 of the Code of the City of Albany. The Board of Zoning Appeals shall review the record and determine if the Clerk’s determination properly suspended or revoked the license. In determining the appeal, the Board of Zoning Appeals shall also have the authority to direct the City Clerk to terminate the suspension or reinstate the license, or affirm the action appealed. D. Hearing of suspension extension. Within 30 days of a suspension by the City Clerk, the Chief of Police, Chief Building Official, or Chief Planning Official may file an appeal of the suspension with the Board of Zoning Appeals pursuant to Chapter 375 of the Code of the City of Albany. The Board of Zoning Appeals shall review the record and determine if conditions at the establishment warrant an extension of the license suspension. In determining the appeal, the Board of Zoning Appeals shall have the authority to direct the City Clerk to extend, maintain, or revoke the suspension as well as reinstate the issued license. E. A license shall be automatically suspended for so long as the property at which the license is to be exercised is subject to an order of the Chief Building Official pursuant to Albany City Code §§ 133-54, 133-55, 133A-4 or other condemnation order. § 111-74 Posting of license. Each license issued hereunder shall be posted at the main entrance of every place licensed hereunder. § 111-75 License transferability. A. No license issued under the provisions of this article shall be transferred or assigned to any location other than the location stated in such license. If, during the term of the licensing period, one or more owners of a license are substituted or added, such substituted or added owners shall, within five days of such substitution or addition, file with the City Clerk an application for an approval of the change of ownership on such forms as are prescribed by the City Clerk. B. If, during the term of the licensing period, one or more directors, stockholders or officers of a license issued to a corporation or partnership are substituted or added, such substituted or added directors, stockholders, partners or officers shall, within five days of such substitution or addition, file with the City Clerk an application for an approval of the change of directors, stockholders, partners or officers on such forms as are prescribed by the City Clerk. A waiver of this provision may be granted in the discretion of the City Clerk to any corporation with regard to stockholders holding less than 10% of the issued stock. § 111-77 Penalties for offenses. Material in strikethrough to be deleted. Matter underlined is new material. Any individual or business that operates an accessory entertainment without securing the license established by this article shall be subject to a fine of not less than $300 and not more than $1,000. Each day in violation of this article shall constitute a new offense. This provision does not limit the ability of the Chief of Police, Chief Building Official or any other appropriate City official or agency to order the cessation of activities in violation of this Chapter or other applicable laws. § 111-78 Concurrent enforcement. This article shall not restrict the enforcement powers of the City Clerk, Chief of Police, Chief of the Fire Department or Chief Planning Official found in this City Code or authorized by other local, state or federal law. Should a violation of the above occur, a license may be immediately suspended by the City Clerk, Chief of Police, Chief of the Fire Department or Chief Building Official, or their designees, at any time before or during the licensed activity, with notice thereafter to be provided to the City Clerk. § 111-79 Continuation. An active accessory entertainment license issued by the City Clerk under a previous version of this Article shall have the same force and effect as an accessory entertainment license under the amended version of the Article and shall remain active for an additional two years past the original expiration of such license. Section 2. Section 302-375 (Permitted Use Table) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) is hereby amended to read as follows: [The table follows on the next page] Material in strikethrough to be deleted. Matter underlined is new material. Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Use- Specific Special Residential Mixed-Use Standard Purpose Zoning in Article District III MU-FW MU-FM MU-NC MU-CU MU-CH MU-NE MU-FC MU-DT MU-FS MU-CI R-1M R-1L R-M R-V R-T R-2 LC I-1 I-2 LAND USE CATEGORY ACCESSORY USES Accessory § 375- dwelling unit 303(6)(a) Alternative A A A A A A A A A A A A A A A A A A A § 375- energy 303(6)(b) generation equipment Cabaret A A A A A A A A A A A A A A A A A A A § 375- Accessory 303(6)(c) Entertainment Composting of A A A A A A A A A A A A A A A A A A § 375- household 303(6)(d) waste Customary A A A A A A A A A A A A A A A A A A A § 375- accessory uses 303(6)(e) and related structures Day-care home A A A A A A A A A A A A A A A A A A A § 375- 303(6)(f) Delivery A A A A A A A A A A A A § 375- service 303(6)(g) Drive-in or C A A A A § 375- drive-through 303(6)(h) facility Electric A A A A A A A A A A A A A A A A A A A § 375- vehicle 303(6)(i) charging station Home A A A A A A A A A A A A A A A A A A § 375- occupation 303(6)(j) Material in strikethrough to be deleted. Matter underlined is new material. Section 3. Subparagraph (c) (Cabaret) of paragraph 6 (Accessory uses) of section 303-375 (Use-specific standards) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) is hereby amended to read as follows: (c) Cabaret. Accessory Entertainment. (i) Dancing and/or the use of a disc jockey (DJ), karaoke machine, or live music entertainment that is amplified and/or performed by three or more people The use of any room, place, or space of public assembly for the purpose of live musical entertainment, singing, and dancing is permitted only where an establishment has sought and obtained an accessory entertainment license from the City Clerk as set forth in Chapter 111 of the City Code, subject to the exceptions thereof. Section 4. The definition of “Cabaret” in section 602-375 (Definitions) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) is hereby deleted in its entirety, and the following definition for “Accessory Entertainment” is added to such section: ACCESORY ENTERTAINMENT The use of any room, place, or space of public assembly for the purpose of live musical entertainment, singing, and dancing, excluding: A. A church, fraternal or membership organization or other similar not-for-profit organization conducting an accessory entertainment use on a non-commercial basis related to such organization’s religious or educational purposes; and/or B. An establishment that provides medical care and/or treatment. C. Music or other sounds played for purposes of ambiance associated with a bar/tavern, cannabis consumption site, restaurant, or retail. D. Music or other sounds produced by live performers at small establishments using acoustic instruments or acoustic instruments with low-level amplification. Section 5. This ordinance shall take effect 60 days from final passage. APPROVED AS TO FORM THIS 28TH DAY OF MARCH, 2025 ______________________________ Corporation Counsel Material in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Robert Magee, Esq., Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 28, 2025 Sponsor: Council Member Conti Ordinance 3.41.25 TITLE AN ORDINANCE AMENDING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO UPDATING THE CITY’S ENTERTAINMENT LICENSING PROVISIONS GENERAL PURPOSE OF THE LEGISLATION This legislation will improve the efficiency of the former “cabaret” licensing process. It is designed to update and streamline the approval process, provide clearer guidance to applicants, and reduce the administrative burden on City officials. These changes are informed by lessons learned from the City’s operation of the current “cabaret” approval process over the past fifteen years. They will also improve transparency and support local businesses while ensuring responsible business operation. The proposed ordinance, among other things, clarifies what types of uses for which licensure is required, reduces the number of uses licensure is required for, imposes time limits on the approval of applications, specifies how applications are to be reviewed, reduces hurdles to obtaining a license, and extends the period of time a license is active from one to three years. NECESSITY FOR LEGISLATION By updating the existing law, this ordinance will encourage economic activity and promote businesses that bring value to City residents and businesses, particularly as it relates to nightlife, while preserving the City’s ability to protect public health and safety and address public nuisances. FISCAL IMPACT None. Council Members Balarin, Adams, and Keegan introduced the following: RESOLUTION 20.41.25R A RESOLUTION OF THE COMMON COUNCIL ENDORSING THE EXPANSION OF ACCESS TO RENT STABILIZATION THROUGH THE RENT EMERGENCY STABILIZATION FOR TENANTS (REST) ACT (SENATE BILL 4659- A/ASSEMBLY BILL 4877-A) WHEREAS, the Common Council passed a resolution expressing interest in conducting the necessary vacancy study to determine the City’s eligibility to adopt the Rent Stabilization and Emergency Tenant Protection Act (ETPA) in 2019; and WHEREAS, after failing to solicit interest from a consultant agency at an affordable rate through two Requests For Proposals, the City subsequently decided to allocate funding in the Fiscal Year 2024 budget to conduct the study in-house; and WHEREAS, the City of Albany’s Department of Neighborhood and Community Services conducted the study, surveying over 350 eligible buildings, and published their results on October 28, 2024, which determined a vacancy rate of 8.33%; and WHEREAS, the ETPA requires a vacancy rate at or less than 5% and as such, the City of Albany is ineligible to opt in to ETPA; and WHEREAS, the City of Albany’s Vacancy Study stated, “While it may be surprising to many that the vacancy rate is above 5%, and thus not eligible for the Common Council to declare a housing emergency… our own experiences and regional research suggest there is still a housing crisis in the City of Albany, just not one eligible for rent stabilization under NYS law”; and WHEREAS, less than a month after the City of Albany vacancy study was released, the City of Poughkeepsie became the third municipality to have its declaration of a housing emergency revoked on the basis of methodological and mathematical errors within their vacancy study; and WHEREAS, out of eight vacancy studies that have been conducted in New York State since 2019, only one study has identified a vacancy rate of below 5% and withstood legal challenges; and WHEREAS, despite the City’s ineligibility to opt into ETPA, the Fair Market Rents for Albany-Troy-Schenectady has increased 33.6% since 2019 while household incomes have failed to increase at such a rapid rate; and WHEREAS, rent stabilization is an important tool for preventing excessive rental increases, retaining long-term residents, and promulgating housing stability—a tool that should be accessible in the midst of the current housing and affordability crisis; and WHEREAS, Senator Brian Kavanagh and Assemblywoman Sarahana Shrestha have introduced the Rent Emergency Stabilization for Tenants (REST) Act (Senate Bill 4659- A/Assembly Bill 4877-A), a bill which would expand the eligibility and applicability of ETPA; and WHEREAS, the REST Act would grant localities the ability to utilize publicly accessible data, rather than be confined to the unfunded (yet required) vacancy study process to determine eligibility for ETPA; and WHEREAS, the REST Act also allows for local governments to consider data such as the locality’s eviction rate and homeless shelter population to demonstrate an inadequate supply of stable affordable rental housing; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council supports and endorses the REST Act which would allow the City to overcome the bureaucratic chaos and archaic measurements innate to currently required vacancy studies; and BE IT FURTHER RESOLVED, that the City of Albany supports and endorses expanding access to rent stabilization, as was the intent of the Housing Stability and Tenant Protection Act of 2019; and BE IT FINALLY RESOLVED, that the City Clerk is directed to send a copy of this resolution to Governor Kathy Hochul, Senator Patricia Fahy, Assemblymember Gabriella Romero, 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: Alfredo Balarin, Eleventh Ward Common Council Member Alyssa Kamara, Junior Policy Analyst Re: Common Council Legislation Supporting Memorandum Date: March 11, 2025 Sponsor: Council Members Balarin, Adams, and Keegan Resolution 20.41.25R TITLE A RESOLUTION OF THE COMMON COUNCIL ENDORSING THE EXPANSION OF ACCESS TO RENT STABILIZATION THROUGH THE RENT EMERGENCY STABILIZATION FOR TENANTS (REST) ACT (SENATE BILL 4659/ ASSEMBLY BILL 4877) GENERAL PURPOSE OF LEGISLATION The purpose of this legislation is to express the Common Council’s support for the Rent Emergency Stabilization for Tenants (REST) Act (Senate Bill 4659/Assembly Bill 4877). The results of the City of Albany’s Department of Neighborhood and Community Services’ Vacancy Study illustrated the City’s ineligibility to declare a housing emergency due to the reported vacancy rate, thus preventing Albany from adopting the Rent Stabilization and Emergency Tenant Protection Act (ETPA). However, the Council is aware that the vacancy rate, although in line with the requirements of ETPA, does not accurately capture the impacts of the housing crisis on the community. The ETPA does not currently require evaluating a locality’s eviction rate, homeless shelter population, or rental cost-burdens in determining eligibility as would be allowed by the REST Act. The REST act will allow municipalities like Albany to be inclusive of relevant factors in their evaluation of a housing emergency, these additional metrics painting a fuller picture of the urgent housing needs that may qualify the City for rent stabilization. Additionally, The REST Act will lessen the administrative burden of undertaking future studies through allowing the use of publically available data; lessening the costs and time associated with such an evaluation. The REST Act will ease the Common Council’s ability to direct the City to evaluate ETPA eligibility and will allow for a more holistic review of pertinent indicators in determining Albany’s stable affordable housing supply. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The urgency of the current housing and affordability crisis requires the Common Council to leverage its advocacy abilities whenever possible to urge other legislative bodies to take essential action in elevating financial burdens on Albany residents. This legislation seeks to express the Council’s unwavering endorsement of the Rent Emergency Stabilization for Tenants (REST) Act (Senate Bill 4659/Assembly Bill 4877) to encourage the New York State Legislature to pass, and Governor Kathy Hochul to sign this critical legislation. FISCAL IMPACT(S) None. Council Member Love introduced the following: RESOLUTION NUMBER 22.41.25R A RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 2025 TO BE MINORITY CANCER AWARENESS MONTH IN THE CITY OF ALBANY WHEREAS, the Common Council recognizes the importance of quality health care for all people; and WHEREAS, cancer death rates for minority groups have declined recently but remain notably higher than non-minority groups; and WHEREAS, many minorities have limited access to medical care or cannot afford the necessary testing to identify cancer; and WHEREAS, the goal of Minority Cancer Awareness month is to increase public awareness of the disparities in cancer screening, prevention, and treatment that exist among various ethnic and racial groups; and WHEREAS, it is incumbent upon all individuals to better educate themselves and their communities about early cancer detection and the importance of screening and regular check-ups; and WHEREAS, African Americans are more likely to develop and die from cancer than any other racial or ethnic group; and WHEREAS, while Hispanics or the Latinx population have a lower incidence for all cancers combined, they have a higher incidence of cancers associated with infection, such as cervical, liver, and stomach cancers; and WHEREAS, Asian Americans and Pacific Islanders also have a lower incidence of most common cancers but like African Americans, Hispanics, and other ethnic and racial groups they are disproportionately dying from cancers that are treatable if detected early; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council declares April 2025 as Minority Cancer Awareness Month in the City of Albany and encourages all residents to commit to staying informed about cancer, prevention, screening, and treatment; and BE IT FURTHER RESOLVED, that a copy of this resolution, suitably engrossed be transmitted to our legislative partners in the New York State Senate and Assembly to demonstrate our commitment to the eradication of cancer in all our communities and making sure that everyone has access to affordable health care. To: Shaniqua Jackson, City Clerk From: Joyce Love, Council Member, 3rd Ward Re: Common Council Legislation Supporting Memorandum Date: March 19, 2025 Sponsor(s): Council Member Love Resolution 22.41.25R TITLE A RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 2025 TO BE MINORITY CANCER AWARENESS MONTH IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION Identifying April 2025 as Minority Cancer Awareness month in the City of Albany, New York. FISCAL IMPACT: None. Council Member Clarke, with the support of Council President Ellis, introduced the following: RESOLUTION 23.41.25R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE PASSAGE OF THE NEW YORK STATE LEGISLATURE'S “HEALTHY HOMES RIGHT TO KNOW ACT,” WHICH REQUIRES THE DISPLAY OF CERTAIN LABELS AND WARNINGS ON GAS STOVES WHEREAS, New York State Assembly Bill A73 and Senate Bill S1280 will require companies to affix a warning label to newly manufactured gas stoves one year after enactment, informing the public of the byproducts of gas combustion; and WHEREAS, certain byproducts of gas combustion, such as carbon monoxide and nitrogen dioxide, may exacerbate pre-existing respiratory illnesses, lead to the development of asthma, and cause serious tissue damage; and WHEREAS, although required by building codes, reporting indicates that only 14% of families in the US have a properly functioning carbon monoxide alarm, without which carbon monoxide is undetectable as it has no odor, taste, or color; and WHEREAS, nitrogen dioxide is a highly reactive gaseous air pollutant that the United States Environmental Protection Agency has deemed has a causal relationship with the development of asthma and of more severe respiratory symptoms in people with asthma; and WHEREAS, the ubiquitousness of gas stoves creates a false sense of security around their installation and use when improper ventilation may cause the development of respiratory issues and even death; and WHEREAS, the installation of proper ventilation for the byproducts of gas combustion is made all the more difficult by the absence of state laws regarding gas stove ventilation, the cost to retrofit, and the effectiveness of filtration; and WHEREAS, informing consumers of the dangers that gas combustion may pose at the point of purchase creates a more informed populace which can take appropriate actions to ensure the maintenance of their health and well-being; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany supports and endorses A73 and S1280, known as the "Healthy Homes Right to Know Act", which establishes a labeling requirement on gas stoves; and BE IT FURTHER RESOLVED, that a copy of this resolution be submitted to Governor Kathy Hochul, Senator Patricia Fahy, Assembly Member Gabriella Romero, Assembly Consumer Affairs and Protection Committee Chair Nily Rozic, Senate Consumer Affairs and Protection Chair Rachel May, Assembly Codes Chair Jeffrey Dinowitz, and Senate Codes Committee Chair Zellnor Myrie. To: Shaniqua Jackson, City Clerk From Bryan Jimenez, Legislative Director Alyssa Kamara, Junior Policy Analyst Re: Common Council Legislation Supporting Memorandum Date: March 13, 2025 Sponsor: Council Member Clarke, with the Support of Council President Ellis Resolution 23.41.25R TITLE A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE PASSAGE OF THE NEW YORK STATE LEGISLATURE'S “HEALTHY HOMES RIGHT TO KNOW ACT,” WHICH REQUIRES THE DISPLAY OF CERTAIN LABELS AND WARNINGS ON GAS STOVES GENERAL PURPOSE OF LEGISLATION This resolution urges New York State to pass A73/S1280, which would establish labeling requirements on gas stoves in order to improve consumer understanding of some of the dangers posed by gas stoves and safeguard the public welfare. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXSITING LAW Indicates the Common Council's support for the state legislation. FISCAL IMPACT(S) N/A Council Members Balarin, Adams, Anane, Clarke, Farrell, Flynn, Frederick, Hoey, Johnson, Keegan, Kimbrough, Love, Robinson, and Zamer introduced the following: RESOLUTION 24.41.25R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING APRIL 2025 AS ARAB AMERICAN HERITAGE MONTH IN THE CITY OF ALBANY WHEREAS, the month of April has been celebrated as Arab American Heritage Month in the United States since 2017 and has been recognized by presidential proclamation since 2021; and WHEREAS, despite the relatively recent establishment of the celebration, it can trace its roots back to 1962 when Dr. Alixa Naff told the story of Arab American immigrants from Syria and Lebanon, culminating in a collection of oral histories, archival materials, and artifacts that were donated to the Smithsonian's National Museum of American History in 1984; and WHEREAS, this work and the work of others to collect and record the rich history of Arab Americans helps document the important yet often overlooked role Arab Americans play in our schools, businesses, media, police stations, and firehouses; and WHEREAS, despite the roles they play in society, Arab Americans are often affected the scourge of Islamophobia whether they practice Islam or not, and yet they maintain their strength, build our communities, and embrace all with tremendous generosity; and WHEREAS, the Arab American experience is central to the City of Albany; embracing the American Dream, Arab immigrants and their families dove headfirst into entrepreneurship, striving to establish a better life for themselves and build a strong foundation for their families; and WHEREAS, through continued efforts, those tied to the Albany Arab American community have made efforts to teach and demonstrate their culture through language, cuisine, and religion; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby recognizes and celebrates April as Arab American Heritage Month; and BE IT FURTHER RESOLVED, that the Common Council urges the people of the City of Albany to observe Arab American Heritage Month with appropriate programs and activities that celebrate the contributions of Arab Americans to the United States. To: Shaniqua Jackson, City Clerk From: Alyssa Kamara, Junior Policy Analyst Re: Supporting Memorandum Date: March 15, 2025 Sponsors: Council Members Balarin, Adams, Anane, Clarke, Farrell, Flynn, Frederick, Hoey, Johnson, Keegan, Kimbrough, Love, Robinson, and Zamer RESOLUTION 24.41.25R TITLE A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING APRIL 2025 AS ARAB AMERICAN HERITAGE MONTH IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION This resolution recognizes and celebrates April 2025 as Arab American Heritage Month in the City of Albany. FISCAL IMPACT(S) N/A Council Member Keegan introduced the following: Resolution Number 25.41.25R A RESOLUTION OF THE COMMON COUNCIL COMMEMORATING APRIL OF 2025 AS AUTISM AWARENESS MONTH WHEREAS, Autism Spectrum Disorder (ASD) is a developmental disorder that affects communication, behavior, and social interaction, and according to the National Institute of Mental Health, it affects approximately twenty-eight out of every 1000 children in the United States; and WHEREAS, April is recognized as Autism Awareness Month to promote understanding, acceptance, and inclusion for individuals with ASD, and to highlight the need for early intervention and effective treatments; and WHEREAS, individuals with ASD face unique challenges in their daily lives, and they often require support and accommodations to succeed in school, employment, and community activities; and WHEREAS, organizations, educators, health professionals, and families across Albany work tirelessly to promote awareness and support for individuals with ASD and their families, and to advocate for better policies, services, and research in this field; NOW, THEREFORE, BE IT RESOLVED that the Albany Common Council recognizes April as Autism Awareness Month, and encourages all residents to learn more about ASD, to promote acceptance and inclusion for individuals with ASD and their families, and to support the efforts of local organizations and advocates working to improve the lives of individuals with ASD in Albany; and BE IT FURTHER RESOLVED that Council supports Cost of Living Adjustments and true living wages for direct care workers at the state and federal level who provide necessary support services to ensure those with ASD and other intellectual and developmental disabilities can live a full and inclusive life in our communities; and BE IT FURTHER RESOLVED that the Albany Common Council encourages businesses, schools, and organizations in the City of Albany to take steps to ensure that their facilities and programs are accessible and accommodating to individuals with ASD, and to promote awareness and understanding of ASD among their staff, members, and customers; and BE IT FURTHER RESOLVED that the Albany Common Council extends its gratitude to the many advocates, educators, health professionals, and organizations in Albany who work tirelessly to support individuals with ASD and their families, and who promote understanding and inclusion for all individuals in our community; and BE IT FINALLY RESOLVED, that a copy of this resolution be sent to Senate Majority Leader Andrea Steward-Cousins; Senators Chuck Schumer and Kirsten Gillibrand; Congressman Paul D. Tonko; State Senator Patricia A. Fahy; and State Assembly Member Gabriella Romero. To: Shaniqua Jackson, City Clerk From: Alyssa Kamara, Junior Policy Analyst Re: Common Council Legislation Supporting Memorandum Date: March 19, 2025 Sponsor: Counsel Member Keegan Resolution 25.41.25R TITLE A RESOLUTION OF THE COMMON COUNCIL COMMEMORATING APRIL OF 2025 AS AUTISM AWARENESS MONTH GENERAL PURPOSE OF LEGISLATION To officially commemorate Autism Awareness Month. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution is necessary to support the people in Albany with Autism and the advocates, educators, health professionals, and organizations in Albany who work to support them. FISCAL IMPACT None. Council Member Kimbrough introduced the following: RESOLUTION 26.41.25R A RESOLUTION OF THE COMMON COUNCIL REMEMBERING AND HONORING WILLIAM HENRY JOHNSON’S LEGACY WHEREAS, on March 21, 2025, the Trump Administration quietly removed a United States Army webpage that discussed the renaming of a Louisiana military base, previously named after a Confederate general, in honor of World War I hero William Henry Johnson; and WHEREAS, this webpage that once detailed Henry Johnson’s meritorious military service now displays a banner proclaiming that “culturally-focused” historical content on Army websites are subject to review for compliance with the new administration’s policies; and WHEREAS, this follows several sweeping executive orders by the current president in an effort to dismantle diversity, equity, and inclusion (DEI) programs—which now includes the reframing of America’s deeply racialized past; and WHEREAS, erasure of this webpage is the erasure of American history; to make his story compliant with the Executive’s idealized, unabashedly nationalist, and race-blind narrative that overlooks and denies the impact of racism on American history is to desecrate his military service and undue suffering; and WHEREAS, his uncensored history serves as a grave reminder of the continued travesty of institutional racism within our armed forces and systemic failures harming disabled veterans; and WHEREAS, in remembering William Henry Johnson, we remember the story of countless people of color who have contributed to building up a distinctly American nation of perseverance, strength, bravery, and camaraderie; and WHEREAS, although born in North Carolina, Henry Johnson moved to the City of Albany as a teenager, working as a chauffeur, soda mixer, and finally a porter at Albany’s Union Station; and WHEREAS, Johnson enlisted on June 5th, 1917, a mere two months after the United States entered World War I, and was assigned to the segregated Company C, 15th New York Infantry Regiment as a private where he trained until his regiment was mobilized; designated as the 369 th Infantry Regiment, 93rd Division, American Expeditionary Forces; and deployed to France; and WHEREAS, General John J. Pershing, commander of the American Expeditionary Forces, in an effort to separate African-American units from white Army units, assigned the 369th Infantry to attach with the unsegregated French 161st division, which was deployed to a position near the Argonne Forest; and WHEREAS, while on night patrol on May 15th, Johnson and his comrade, Pvt. Needham Roberts, were ambushed by a group of German soldiers who sought to launch a surprise raid on the French allies; and WHEREAS, Johnson threw grenades at the raiders as they returned fire, injuring both privates; Johnson returned fire until he ran out of ammunition, then engaged in hand-to-hand combat despite his injuries; and WHEREAS, in an act of fierce loyalty, upon noticing the enemy’s attempts to capture Pvt. Roberts, then-Pvt. Johnson frantically attacked with his bolo knife despite being shot at multiple times—his bold offensive caused the Germans to retreat; and WHEREAS, Henry Johnson dispatched 4 German troops and wounded 10 to 20 others despite suffering 21 wounds himself; his heroism stopped the enemy raid from approaching the French line and capturing Pvt. Roberts; and WHEREAS, Johnson and Roberts were the first Americans ever awarded France’s highest military honor and former President Theodore Roosevelt named Henry Johnson as one of the five bravest Americans to serve in World War I; and WHEREAS, despite his incredible heroism, the United States Army refused to honor Johnson’s actions due to racial prejudice—he was denied a Purple Heart and disability allowance for the injuries he sustained in combat; and WHEREAS, this discrimination caused Johnson to resume work as a porter upon his return to the City of Albany, but he was unable to maintain steady employment due to his disability and lack of education; and WHEREAS, in spite his incredible valor on the battlefield in France—Johnson died abandoned and destitute, at the age of 32, of a treatable condition in the country he was injured fighting for; and WHEREAS, recognition of Johnson's history began to grow in the 1970s and 1980s, leading to the erection of a monument in Washington Park to his legacy and the posthumous awarding of the Purple Heart by President Bill Clinton in 1996; and WHEREAS, recognition of his actions continued to grow as the Army awarded him the Distinguished Service Cross in 2002 after locating his place of burial at Arlington National Cemetery and President Barack Obama awarded him the Medal of Honor in 2015, almost a century after his combat service; and WHEREAS, the administration's move to hide this piece of history from the public view replicates the discrimination faced by Henry Johnson upon his return from war, as the Army itself noted on the now wiped page, "[t]he Army sent him on a speaking tour, but that ended when he spoke out about Army discrimination against Black Soldiers"; and WHEREAS, these actions not only besmirch Henry Johnson, but are a slight to servicemembers of all walks of life who have, and continue to, put their lives on the line for this country without proper recognition; and WHEREAS, Henry Johnson's story is also one that is intimately tied to veteran’s rights and post-service support, which are now facing attacks from the administration through significant budget cuts and intentional staffing shortages in key service areas; and WHEREAS, this act is but one of the many steps the United States has taken towards the recreation of Jim Crow era discrimination; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council condemns the erasure of the website and Henry Johnson's history and calls for its immediate reversion to the state it was in on March 21; and BE IT FURTHER RESOLVED, that the Albany Common Council admonishes the administration's attacks on the principles and programs in support of diversity, equity, and inclusion; and BE IT EVEN FURTHER RESOLVED, that the Albany Common Council calls for all parts of the federal government to stand firm and support all veterans and their sacrifices; and BE IT FINALLY RESOLVED, that the Albany Common Council commends those who stand resolute against this administration's efforts to dismantle our national bonds. To: Shaniqua Jackson, City Clerk From: Alyssa Kamara, Junior Policy Analyst Bryan Jimenez, Legislative Director Re: Request for Common Council Legislation Supporting Memorandum Date: March 27, 2025 Sponsor: President Pro Tempore Kelly Kimbrough RESOLUTION 26.41.25R TITLE A RESOLUTION OF THE COMMON COUNCIL REMEMBERING AND HONORING WILLIAM HENRY JOHNSON’S LEGACY GENERAL PURPOSE OF LEGISLATION In light of the recent executive orders and scrubbing of federal websites of "illegal and immoral discrimination programs, going by the name 'diversity, equity, and inclusion' (DEI)," this resolution serves as a means for the City of Albany to remember and honor Sgt. Henry Johnson of the 369th Harlem Hellfighters for his heroism during World War I and highlight the danger of federal actions taken thus far. The content of the website that was taken down, as it was on January 9, 2025, may be found using the Internet Archive's Wayback Machine: https://web.archive.org/web/20250109082541/https://www.army.mil/article/266813/fort_polk_to _be_renamed_for_new_york_guardsman_henry_johnson The article itself, published on May 18, 2023 and which the administration saw fit to remove from public view, is reproduced below for posterity. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT(S) None. ALBANY, N.Y. - Fort Polk in Louisiana will be renamed for New York National Guard Sgt. Henry Johnson, a World War I hero, during a June 13 ceremony at the post. The Army installation named for Confederate Gen. Leonidas K. Polk, a resident of New Orleans who was killed in combat in 1864, will become Fort Johnson. The fort is home to the Joint Readiness Training Center and the 3rd Brigade Combat Team of the 10th Mountain Division. The division’s other two brigades are at Fort Drum near Watertown. Henry Johnson was working as a porter at Albany’s Union Station when he enlisted in the New York National Guard’s segregated 15th New York (Colored) Infantry Regiment on June 5, 1917, two months after the United States entered World War I. Johnson became a national hero after he fought off a German raiding party with a knife and saved fellow Soldier Needham Roberts from capture on the night of May 15, 1918. The 15th New York was renamed the 369th Infantry Regiment by the Army and eventually became known as the Harlem Hellfighters because of the regiment’s ferocity in combat. Johnson was awarded the French Croix De Guerre for his actions and was the first American recognized by the French military. But Johnson received no U.S. military recognition until after his death in 1929. He was awarded the Purple Heart in 1996 and the Distinguished Service Cross in 2002. In 2015, he was awarded the Medal of Honor, accepted by New York Army National Guard Command Sgt. Maj. Louis Wilson on his behalf. Brig. Gen. Isabel Rivera Smith, the New York National Guard’s director of joint staff, will represent the New York National Guard at the June ceremony. Wilson, now retired from the Army, will also attend. “It is a distinct pleasure and honor to represent the New York National Guard in the rededication ceremony of Fort Polk to Fort Henry Johnson,” Smith said. “As a Black American whose bravery wasn’t acknowledged at the time, Sgt. Johnson personified the Army values and was the epitome of strength. As a former member of the 369th Harlem Hellfighters myself, I could not be prouder to be part of this ceremony.” Fort Polk is one of nine Army forts named after Confederate generals being renamed. During World Wars I and II, forts created in the North were named after Union Civil War generals, while those in the South were named after Confederate generals. Because Johnson had no descendants, the Medal of Honor accepted by Wilson is held by the New York State Military Museum, which is run by the New York State Division of Military and Naval Affairs. The medal will be loaned to Fort Johnson’s command for the ceremony and for display until August as part of a historical exhibition about Johnson. William Henry Johnson was born in Winston Salem, North Carolina, in July 1892. He moved to Albany as a teenager and worked as a driver, soda mixer and laborer in a coal yard before becoming a “red cap” porter at the train station. The New York National Guard created the 15th New York in June 1916 as a unit for Black Americans, with its headquarters in New York City’s Harlem neighborhood. Army units were segregated during World War I, so African Americans enlisted in the 15th New York to serve. While trained as combat infantrymen, members of the 15th initially served as a logistics unit upon arrival in France, unloading ships and moving cargo to the front lines. But the French Army wanted American troops, and in May 1918, the 15th Infantry was assigned to the French 16th Infantry Division. Members were issued French helmets, rifles and equipment but continued wearing American uniforms. On May 18, 1918, Johnson and Needham Roberts were on outpost duty when a German raiding party of about three dozen soldiers attacked to take prisoners. Roberts was knocked out. After Johnson exhausted the three rounds in his French rifle, he used the rifle butt, grenades, his fists and a bolo knife to kill four German soldiers and drive the others away. Johnson was recognized with the French medal and lionized in the press. When the 15th returned to New York City and paraded up Fifth Avenue in February 1919, Johnson rode in a car by himself and was cheered by the crowd. The Army sent him on a speaking tour, but that ended when he spoke out about Army discrimination against Black Soldiers. Johnson had been so badly injured, suffering 21 wounds, that he was not able to resume his job as a luggage handler. He contracted tuberculosis and died from myocarditis in 1929. He is buried in Arlington National Cemetery. “Sgt. Henry Johnson embodied the warrior spirit, and we are deeply honored to bear his name at the Home of Heroes,” said Brig. Gen. David Gardner, commanding general of the Joint Readiness Training Center. Council Member Kimbrough introduced the following: RESOLUTION 27.41.25R A RESOLUTION OF THE COMMON COUNCIL ACKNOWLEDGING THE WEEK OF APRIL 6TH THROUGH 12TH AS NATIONAL CRIME VICTIMS' RIGHTS WEEK WHEREAS, National Crime Victims’ Rights Week was established in 1981 to bring communities together and raise awareness about victims' rights and services; and WHEREAS, this observance recognizes how crime impacts individuals, families, and communities in profound and varied ways, often resulting in physical, emotional and social challenges; and WHEREAS, raising awareness about crime victims’ rights may decrease the victim- offender overlap caused by crime victims needs going unaddressed by offering new solutions to reciprocal violence; and WHEREAS, this year’s National Victims’ Rights Week theme of KINSHIP underscores the community connections that build bridges to resources and services; WHEREAS, the focus on KINSHIP also aims to foster solidarity amongst survivors, advocates, and communities forms the bedrock and foundation of victim advocacy, inspiring healing-centered care that acknowledges and supports victims of crime; and WHEREAS, KINSHIP aids in the building of peer networks and community alliances that empower survivors, promote resilience, and offer pathways to justice and restoration; and WHEREAS, this is exemplified by the work done by the NAACP, Urban Grief, Parents of Angel Children, Albany Community Land Trust, AVillage, Bridge Tha Gap, the Boys and Girls Club of America, and the Interfaith Partnership for the Homeless; and WHEREAS, we are reminded of the unity that comes from connection through KINSHIP, including the value of listening to every voice and the power we have to create lasting change when we work together; NOW, THEREFORE, BE IT RESOLVED, that the Common Council reaffirms its dedication to venerating the ties that bind us together as communities, standing in KINSHIP with survivors and forging a future where healing and hope are within reach for every resident of the City of Albany. To: Shaniqua Jackson, City Clerk From: Eric Thompson, Violence Prevention Coordinator Bryan Jimenez, Legislative Director Re: Request for Common Council Legislation Supporting Memorandum Date: March 27, 2025 Sponsor: President Pro Tempore Kelly Kimbrough RESOLUTION 27.41.25R TITLE A RESOLUTION OF THE COMMON COUNCIL ACKNOWLEDGING THE WEEK OF APRIL 6TH THROUGH 12TH AS NATIONAL CRIME VICTIMS' RIGHTS WEEK GENERAL PURPOSE OF LEGISLATION To acknowledge National Crime Victims' Rights Week and recognize some of the organizations that assist victims in need. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT(S) None. STATE OF NEW YORK ________________________________________________________________________ 1280 2025-2026 Regular Sessions IN SENATE January 9, 2025 ___________ Introduced by Sens. KRUEGER, CLEARE, COONEY, GONZALEZ, HARCKHAM, HOYL- MAN-SIGAL, JACKSON, KAVANAGH, MAY, PARKER, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to labeling requirements for gas stoves The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Healthy Homes Right To Know Act". 3 § 2. Legislative findings. The legislature finds and declares that: 4 1. New York has a long history of protecting its citizens by making 5 sure they have adequate knowledge to make informed purchasing decisions. 6 2. The public is broadly unaware of the health dangers posed by gas 7 stoves. On May 8, 2023, ten state attorneys general, including the 8 attorney general of New York State as well as the New York City Corpo- 9 ration Counsel, sent a letter to the Consumer Product Safety Commission 10 (CPSC), in which they asserted, "Most of the research and evidence on 11 the health risks associated with elevated levels of emissions from gas 12 appliances has been circulated among decisionmakers and engaged stake- 13 holders. This has left the public to try to piece together health and 14 safety information--which can be false or misleading--from the internet, 15 social media, and other non-authoritative sources. Thus, when it comes 16 to gas stove emissions, consumers are presently unprotected against, and 17 inadequately informed about, the health hazards these appliances pose." 18 Those dangers may now be particularly acute as, according to the U.S. 19 Environmental Protection Agency, "Americans on average, spend approxi- 20 mately 90% of their time indoors where concentrations of some pollutants 21 are often 2 to 5 times higher than typical outdoor concentrations." EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00310-01-5 S. 1280 2 1 3. The same letter suggests, "requiring warning labels on gas stoves 2 that provide more information on their health risks". The letter goes on 3 to say, "Proper labeling on gas stoves would represent an important step 4 in helping to educate consumers about the health risks associated with 5 gas stoves. Providing this information upfront is essential to enabling 6 consumers to make a fully informed decision." 7 4. Current New York state regulations regarding unvented gas appli- 8 ances are inconsistent. Since there is no statewide requirement that gas 9 stoves be ventilated to the outdoors, a precautionary approach to public 10 safety requires that these appliances be treated as unvented. 11 5. Although the research regarding the impacts of unvented gas heaters 12 is vastly less robust than that regarding gas stoves, the New York State 13 Department of Health nonetheless adopted regulations in January of 2023 14 to require labeling of unvented gas heaters including, "WARNING: This 15 appliance produces CARBON MONOXIDE, a poisonous gas. You MUST use carbon 16 monoxide alarms to avoid injury or death". Labeling requirements for 17 unvented heaters in California also include warnings of exposure to: 18 "...chemicals including benzene, which is known to the state of Califor- 19 nia to cause cancer and cause birth defects or other reproductive harm". 20 6. Given that the research regarding gas stoves is even more complete 21 and compelling, New York State should also act to inform the public as 22 has already been done with unvented gas heaters. 23 7. The scientific consensus on gas stove emissions is robust and grow- 24 ing. It is now understood that gas stoves can emit carbon monoxide 25 (CO), nitrogen dioxide (NO2), benzene, and formaldehyde. Methane emis- 26 sions can occur even when the gas stove is turned off. According to the 27 Concerned Health Professionals of New York and the Physicians for Social 28 Responsibility, "Nearly three-quarters of methane emissions from gas 29 stoves take place while the stove is turned off and not in use. At the 30 same time levels of hazardous air pollutants from everyday use of gas 31 stoves often exceed the limits of outdoor air quality standards. Indoor 32 concentrations are often much higher than health-protective guidelines 33 set by the World Health Organization." 34 8. According to the Centers for Disease Control and Prevention, 35 "Carbon monoxide, or "CO," is an odorless, colorless gas that can kill 36 you". The New York State Department of Health refers to carbon monoxide 37 as a poisonous gas. Approximately 430 people die each year from carbon 38 monoxide exposure. Thousands more become ill and seek medical attention. 39 Carbon monoxide poisoning is estimated to cause more than 50,000 emer- 40 gency room visits in the United States each year. According to the New 41 York State Department of Health, annually, "In New York State, about 200 42 people are hospitalized and over 1800 people visit an emergency depart- 43 ment because of accidental CO poisoning." The numbers of accidental 44 poisonings are on the rise. The U.S. Consumer Product Safety Commission 45 "found evidence of a statistically significant upward trend in non-fire 46 CO deaths for the 11-year period from 2009 to 2019". According to 47 Preventative Medicine reports, "Accidental, non-fire related poisoning 48 accounts for over $1.3 billion annually in societal costs." 49 9. Notably, while carbon monoxide alarms are an important preventative 50 measure to lower the risk of carbon monoxide poisoning, they are not 51 guaranteed to be effective. According to the National Carbon Monoxide 52 Awareness Association: "Only 14% of families in the US have a properly 53 functioning carbon monoxide alarm". An earlier report showed that in 54 2009, 83% of NYC residents reported having CO alarms. However, only 54% 55 of them had recently tested or replaced their batteries. S. 1280 3 1 10. Nitrogen dioxide, or NO2, is a gaseous air pollutant composed of 2 nitrogen and oxygen and is formed when fossil fuels are burned. The EPA 3 has determined that NO2 is "causal" of more severe respiratory symptoms 4 in people with asthma and that long-term exposure to NO2 is "likely 5 causal" of respiratory illnesses such as asthma. The New England Journal 6 of Medicine has found that, "Gas combustion in stoves, boilers and 7 furnaces generates oxides of nitrogen," to which the article attributes, 8 "Increased asthma risk; exacerbation of COPD and cardiovascular 9 disease". The EPA includes NO2 on its list of asthma triggers, and 10 "unvented combustion appliances, e.g. gas stoves" is first on its list 11 of "primary sources of NO2 indoors". 12 11. Each year, asthma accounts for more than 439,000 hospitalizations, 13 1.6 million emergency department visits, and 10.5 million physician 14 office visits in the United States. About 10 people die from the disease 15 every day. Asthma has been linked to 13.8 million missed school days and 16 14.2 million missed workdays annually. The cost of treating asthma in 17 the United States is $62.8 billion every year. 18 12. A 2013 meta-analysis of 41 studies found that children living in 19 homes with gas stoves had a 42 percent higher risk of experiencing asth- 20 ma symptoms, and, over their lifetime, a 24 percent increase in the risk 21 of being diagnosed with asthma, and a 2022 peer-reviewed research paper 22 published in the International Journal of Environmental Research and 23 Public Health found that more than 12% of current childhood asthma cases 24 in the US can be attributed to gas stove use. The same paper suggests 25 that attribution number is 18.8% of children with asthma in New York 26 State. 27 13. The asthma crisis does not equally affect all New York communi- 28 ties. Black Americans are approximately two times more likely to die of 29 asthma than White Americans. Further, the percentage of Black children 30 in the U.S. suffering from asthma is nearly twice that of White chil- 31 dren, and their death rate is ten times higher. According to a 2023 32 joint report from the New York State Department of Health and the New 33 York City Department of Health and Mental Hygiene, "The burden of asthma 34 falls disproportionately among specific demographic groups, specifically 35 for persons and communities of color, where asthma prevalence is higher 36 among Black, American Indian, and multiracial New Yorkers." The Centers 37 for Disease Control and Prevention concurs with the assessment of 38 disproportionate burden. 39 14. While the age-adjusted asthma mortality rate for New York City is 40 higher than for New York State as a whole, with the Bronx demonstrating 41 a notably higher mortality rate than the other boroughs, this problem 42 should not be construed as a New York City issue. Other hotspots exist 43 around the state. For example, years of academic research has convinc- 44 ingly demonstrated alarmingly high rates of asthma on Buffalo's West 45 Side. A study by Dr. Lwebuga-Mukasa, Professor of Medicine at the 46 University of Buffalo, found that "nearly 45% of West Side households 47 reported at least one case of chronic respiratory illness or asthma". 48 15. Gas and propane combustion from gas stoves emits benzene. A study 49 from the Stanford Woods Institute for the Environment found that a 50 single gas cooktop burner set on high, or an oven set at 350 degrees 51 Fahrenheit can, "raise indoor levels of the carcinogen benzene above 52 those of secondhand smoke". According to the World Health Organization, 53 "Human exposure to benzene has been associated with a range of acute and 54 long-term adverse health effects and diseases, including cancer and 55 haematological effects." S. 1280 4 1 16. Formaldehyde is listed as a human carcinogen and has been found at 2 more elevated levels associated with gas burners set to "simmer". 3 17. Ventilation of gas stove emissions to the outdoors can improve 4 indoor air quality. However, many homeowners do not have ventilation, 5 and it is not required by state law. In addition, studies also show that 6 many people who have ventilation systems don't use them, often because 7 of noise concerns. Vents can become blocked with debris and the effec- 8 tiveness of ventilation systems can be compromised by changes in air 9 pressure in the building envelope caused by the opening of windows or 10 doors or the activation of bathroom fans, for example. Lastly, some 11 people with range hoods may be under the mistaken belief that pollutants 12 are being vented outdoors when in fact many hoods simply recirculate the 13 air into the kitchen after filtering it. The effectiveness of filtration 14 varies widely and is partially based on active maintenance of the 15 filtration system. 16 18. Therefore it is the intent of the legislature to promote public 17 health, support informed consumer choice, and create consistent public 18 policy, by requiring labeling and signage regarding the health impacts 19 of gas stoves. 20 § 3. The general business law is amended by adding a new section 322-d 21 to read as follows: 22 § 322-d. Labeling requirements for gas stoves. 1. For the purposes of 23 this section, "gas stove" means a stove or range that utilizes natural 24 gas or propane and is used for food preparation, whether in a commercial 25 or residential setting, and provides at least one of the following func- 26 tions: 27 (a) surface cooking; 28 (b) oven cooking; or 29 (c) broiling. 30 2. No person, firm, partnership, association, or corporation shall 31 sell or offer for sale at retail to a consumer in this state any gas 32 stove unless the following requirements are met: 33 (a) A removable label is affixed to the gas stove if such stove is 34 displayed for sale outside of a package, or the package in which it is 35 contained, with a type size no smaller than the largest type size used 36 for other consumer information on the product or package, is in a promi- 37 nent location, and bears the following message: 38 "WARNING: Gas stoves can emit gases (such as NITROGEN DIOXIDE, CARBON 39 MONOXIDE, BENZENE, and FORMALDEHYDE) inside homes at levels exceeding 40 the EPA's standards for outdoor air quality. The presence of these 41 pollutants can affect your health and may exacerbate or contribute to 42 the development of respiratory illnesses. Properly installed and oper- 43 ating ventilation to the outdoors can reduce but not eliminate emis- 44 sions." 45 (b) (i) A sign or poster shall be displayed conspicuously at the prem- 46 ises on which the sale takes place bearing the message required by para- 47 graph (a) of this subdivision. Such sign or poster must have conspicuous 48 lettering in at least seventy-two point bold face type, except that the 49 word "warning" shall be in at least two-inch lettering. Such sign or 50 poster shall be placed as close as possible to the place where gas 51 stoves are displayed for sale so that it is noticeable and easily read- 52 able by a consumer examining any displayed gas stoves for sale. 53 (ii) If the sale takes place on the internet, a notice shall be posted 54 in a conspicuous location on the web page on which the gas stove is 55 listed for sale, bearing the message required by paragraph (a) of this 56 subdivision. S. 1280 5 1 3. The department of state may adopt regulations regarding the place- 2 ment and format of labels, signs, and posters to comply with this 3 section. 4 4. Any person who violates any provision of this section shall receive 5 a warning notice for the first such violation. A person shall be liable 6 to the state of New York for a civil penalty not to exceed two hundred 7 fifty dollars for the second violation and not to exceed one thousand 8 dollars for any subsequent violation. A hearing or opportunity to be 9 heard shall be provided prior to the assessment of any civil penalty. 10 5. The department of state and the office of the attorney general are 11 authorized to enforce the provisions of this section. 12 § 4. This act shall take effect one year after it shall have become a 13 law. STATE OF NEW YORK ________________________________________________________________________ 4659--A 2025-2026 Regular Sessions IN SENATE February 10, 2025 ___________ Introduced by Sens. KAVANAGH, HOYLMAN-SIGAL, JACKSON, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four, in relation to enacting the rent emergency stabilization for tenants act on local determinations of a housing emergency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "rent emergency stabilization for tenants act". 3 § 2. Section 3 of section 4 of chapter 576 of the laws of 1974, 4 constituting the emergency tenant protection act of nineteen seventy- 5 four, subdivision a as amended by chapter 69 of the laws of 1980, subdi- 6 visions d, f and g as added by chapter 698 of the laws of 2023 and 7 subdivision e as amended by chapter 100 of the laws of 2024, is amended 8 to read as follows: 9 § 3. Local determination of emergency; end of emergency. a. The exist- 10 ence of public emergency requiring the regulation of residential rents 11 for all or any class or classes of housing accommodations, including any 12 plot or parcel of land which had been rented prior to May first, nine- 13 teen hundred fifty, for the purpose of permitting the tenant thereof to 14 construct or place [his] such tenant's own dwelling thereon and on which 15 plot or parcel of land there exists a dwelling owned and occupied by a 16 tenant of such plot or parcel, heretofore destabilized; heretofore or 17 hereafter decontrolled, exempt, not subject to control, or exempted from 18 regulation and control under the provisions of the emergency housing 19 rent control law, the local emergency housing rent control act or the 20 New York city rent stabilization law of nineteen hundred sixty-nine; or 21 subject to stabilization or control under such rent stabilization law, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05109-04-5 S. 4659--A 2 1 shall be a matter for local determination within each city, town or 2 village. Any such determination shall be made by the local legislative 3 body of such city, town or village on the basis of the supply of housing 4 accommodations within such city, town or village, the condition of such 5 accommodations and the need for regulating and controlling residential 6 rents within such city, town or village. 7 [A] b. For a city having a population of one million or more resi- 8 dents, a declaration of emergency may be made as to any class of housing 9 accommodations if the vacancy rate for the housing accommodations in 10 such class within such municipality is not in excess of five percent and 11 a declaration of emergency may be made as to all housing accommodations 12 if the vacancy rate for the housing accommodations within such munici- 13 pality is not in excess of five percent. 14 [b.] c. For a city having a population of less than one million resi- 15 dents or a town or village, the local legislative body may declare a 16 housing emergency through the process described in paragraph one or two 17 of this subdivision. For such a jurisdiction where a local legislative 18 body has declared a housing emergency pursuant to this act prior to the 19 effective date of this subdivision, the local legislative body may add 20 classes of accommodation as described in paragraph 5-b of subdivision a 21 of section five of this act, through the process described in paragraph 22 1 or 2 of this subdivision. 23 (1) The local legislative body may declare a housing emergency after 24 considering publicly available data and holding public hearings. Before 25 declaring such emergency, the local legislative body shall consider 26 publicly available data measuring or estimating factors such as: over- 27 all housing supply, vacancy rate for housing accommodations, the avail- 28 ability of affordable and habitable housing accommodations, rent burdens 29 for tenants or other measures of housing affordability, the local or 30 regional homelessness rate, and the need for regulating rents within 31 such city, town or village. 32 (2) The local legislative body may declare an emergency as to any 33 class of housing accommodations if the vacancy rate for such housing 34 accommodations in such class within such municipality is not in excess 35 of five percent and a declaration of emergency may be made as to all 36 housing accommodations if the vacancy rate for the housing accommo- 37 dations within such municipality is not in excess of five percent. 38 (i) A municipality or a designee, as part of a study to determine its 39 vacancy rate, owners, or their agent, of housing accommodations in the 40 class of housing accommodations determined, shall provide the most 41 recent records of rent rolls and, if available, records for the preced- 42 ing thirty-six months. Such records shall include the tenant's relevant 43 information relating to finding the vacancy rate of such municipality 44 including but not limited to the name, address, and amount paid or 45 charged on a weekly, monthly, or annual basis for each occupied housing 46 accommodation and which housing accommodations are vacant at the time of 47 the survey and available for rent. Such records shall also include any 48 housing accommodations that are vacant and not available for rent and 49 provide the reason why such unit is not available for rent. 50 (ii) A municipality may impose a civil penalty or fee of up to five 51 hundred dollars on an owner or their agent if such owner or their agent 52 refuses to participate in such vacancy survey and cooperate with such 53 municipality or a designee in such vacancy survey, or submits knowingly 54 and intentionally false vacancy information. 55 (iii) A nonrespondent owner shall be deemed to have zero vacancies. S. 4659--A 3 1 (iv) Identifying data or information shall be kept confidential and 2 shall not be shared, traded, given, or sold to any other entity for any 3 purpose outside of such vacancy study. 4 d. A city of under one million residents or a town or village may add 5 classes of accommodation to regulation under this act in buildings 6 containing fewer than six units. 7 e. The local governing body of a city, town or village having declared 8 an emergency pursuant to subdivision a, b, or c of this section may at 9 any time, on the basis of the supply of housing accommodations within 10 such city, town or village, the condition of such accommodations and the 11 need for continued regulation and control of residential rents within 12 such municipality, declare that the emergency is either wholly or 13 partially abated or that the regulation of rents pursuant to this act 14 does not serve to abate such emergency and thereby remove one or more 15 classes of accommodations from regulation under this act. [The emergency 16 must be declared at an end once the vacancy rate described in subdivi- 17 sion a of this section exceeds five percent. 18 c.] f. No resolution declaring the existence or end of an emergency, 19 as authorized by [subdivisions] subdivision a [and], b or c of this 20 section, may be adopted except after public hearing held on not less 21 than ten days public notice, as the local legislative body may reason- 22 ably provide. 23 [d. When requested by a municipality or a designee, as a part of a 24 study to determine its vacancy rate, owners, or their agent, of housing 25 accommodations in the class of housing accommodations determined, shall 26 provide the most recent records of rent rolls and, if available, records 27 for the preceding thirty-six months. Such records shall include the 28 tenant's relevant information relating to finding the vacancy rate of 29 such municipality including but not limited to the name, address, and 30 amount paid or charged on a weekly, monthly, or annual basis for each 31 occupied housing accommodation and which housing accommodations are 32 vacant at the time of the survey and available for rent. Such records 33 shall also include any housing accommodations that are vacant and not 34 available for rent and provide the reason why such unit is not available 35 for rent. 36 e. A municipality may impose a civil penalty or fee of up to five 37 hundred dollars on an owner or their agent if the owner or their agent 38 refuses to participate in such vacancy survey and cooperate with the 39 municipality or a designee in such vacancy survey, or submits knowingly 40 and intentionally false vacancy information. 41 f. A nonrespondent owner shall be deemed to have zero vacancies. 42 g. Identifying data or information shall be kept confidential and 43 shall not be shared, traded, given, or sold to any other entity for any 44 purpose outside of such vacancy study.] 45 § 3. Subdivision a of section 5 of section 4 of chapter 576 of the 46 laws of 1974, constituting the emergency tenant protection act of nine- 47 teen seventy-four, is amended by adding a new paragraph 5-b to read as 48 follows: 49 (5-b) housing accommodations located in a city having a population of 50 less than one million residents or a town or village in buildings 51 completed or buildings substantially rehabilitated as family units with- 52 in the past fifteen years. 53 § 4. This act shall take effect immediately. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION APRIL 7, 2025 ORDINANCES 24.81.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY Matter in strikethrough to be deleted. Matter underlined is new material. Council Members Farrell and Zamer introduced the following: ORDINANCE 24.81.24 (Pending Amendment 04/07/2025) AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article I (Bicycles and Motor Vehicles) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Article I Bicycles and All Motor Vehicles § 359-1 Alarm bells for bicycles. Definitions All persons riding or propelling with the feet a bicycle, tricycle, velocipede or other vehicle of propulsion on the public streets or avenues or in the parks of this City shall attach to and carry on such vehicle an alarm bell, which said bell the persons shall ring or sound on approaching and within 30 feet of the intersection of any street or avenue proposed to be crossed. For purposes of this Article, the following terms shall have the following meanings: Bicycle A two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children. Bicycles with Electric Assist are not bicycles for purposes of this Chapter. Bicycle with Electric Assist A bicycle as defined in § 102-c of the New York State Vehicle and Traffic Law. Electric Scooter A device weighing less than one hundred pounds that (a) has handlebars, a floorboard or a seat that can be stood or sat upon by the operator, and an electric motor, (b) can be powered by the electric motor and/or human power, and (c) has a maximum speed of no more than twenty miles per hour on a paved level surface when powered solely by the electric motor. Wheelchairs or other mobility aids used to provide transportation for a disabled person, whether or not powered by electricity, are not electric scooters for purposes of this Chapter. Light Electric Vehicle Any small and lightweight electric vehicles, not exceeding 100 pounds, such as electric bikes, electric scooters, and electric skateboards. Matter in strikethrough to be deleted. Matter underlined is new material. Other Human Propelled Device Any human powered device not included in the definitions of “Bicycle” or “Pedestrian” herein, including, but not limited to, skateboards, roller skates, unicycles, and similar devices. Pedestrian Any individual walking or traveling in a wheelchair or other mobility aid used to provide transportation for a disabled person. Unregistered Motorized Device Any vehicle that cannot be registered or operated on New York State sidewalks, streets or highways. This definition does not include light electric vehicles and bicycles as defined in this Chapter, and it does not include wheelchairs and other mobility aids used to provide transportation for a disabled person. § 359-2 Speed limit for bicycles. Public Roadways No person using a bicycle, tricycle, velocipede or other vehicle of propulsion on the public streets or avenues or parks of this City shall propel such vehicle at a rate of speed greater than eight miles an hour, and all such persons shall observe the law of the road. Light Electric Vehicles, Bicycles, Electric Scooters, Bicycles with electric assist, and other Human Powered Devices may be operated upon the public roadways of this City consistent with New York State Vehicle Traffic Law Article 34. § 359-3 Number abreast limited. All Terrain Vehicles No greater number of persons than two abreast shall parade or ride in the streets or avenues or parks of this City at any time on such bicycles, tricycles, velocipedes or other vehicles of propulsion. Nothing herein shall permit the use of All Terrain Vehicles, as defined in chapter 357 of the Code of the City of Albany, to operate on the streets, sidewalks, paths, or public property of the City of Albany. § 359-4 Riding on sidewalks prohibited; exceptions. No person shall ride any bicycle, tricycle, velocipede or other vehicle of propulsion on or over any footpath in any of the parks, or on or over any of the sidewalks of any of the streets or avenues in this City, except if it is to go into a yard, lot or building; provided, however, that the foregoing provision of this section shall not apply to children under 10 years of age; and provided further that this section shall not be so construed as to prohibit the riding of any bicycle, tricycle or similar vehicle upon or over the unpaved portion of the sidewalk of any such street or streets outside of the thickly settled part of the City as shall be designated in writing by the Mayor. Every designation so made as aforesaid shall be filed with the Chief of Police and may be revoked by the Mayor at any time in his discretion. A. Pedestrians shall have right of way on all sidewalks in the City of Albany. B. It shall be prohibited for bicycles or other human propelled devices to be operated on a sidewalk except when: 1. Operation on an adjacent roadbed is unsafe or otherwise prohibited, and 2. Speed does not exceed eight (8) miles per hour. Matter in strikethrough to be deleted. Matter underlined is new material. C. While passing pedestrians on a sidewalk, users of bicycles or other human propelled devices as defined in this Article shall not operate a bicycle or other human propelled device within four feet of a pedestrian. When the operation of bicycles and other human propelled devices on the sidewalk cannot be exercised with due care, users shall stop and dismount until operation with due care is possible. D. Light electric vehicles and motor vehicles may not be operated on any sidewalk in the City of Albany except if it is to go into a yard, lot, or building. § 359-5 Operation of motor vehicles generally. A. It is required that all motor vehicles operated within the City of Albany be in good and safe operating condition, and each shall be operated only: 1. While having a valid New York State Certificate of Inspection affixed on the vehicle in the proper location. 2. While in full compliance with Article 9 of the Vehicle and Traffic Law of the State of New York, as amended, which article is fully incorporated herein by reference. 3. While in full compliance with Article 10 of the Vehicle and Traffic Law of the State of New York, as amended, which article is fully incorporated herein by reference. 4. While in full compliance with Article 2 of the Transportation Law of the State of New York, as amended, which article is fully incorporated herein by reference. 5. While in full compliance with Article 6 of the Transportation Law of the State of New York, as amended, which article is fully incorporated herein by reference. 6. While in full compliance with Article 21 of the Tax Law of the State of New York, as amended, which article is fully incorporated herein by reference. 7. While in full compliance with Article 49 of the Code of Federal Regulations, as amended, which article is fully incorporated herein by reference. 8. While registered in accordance with Article 14 of the Vehicle and Traffic Law of the State of New York, as amended, which article is fully incorporated herein by reference. B. No motor vehicle may operate within the City of Albany if that vehicle has been determined to be in an unsafe condition by a certified New York State inspector or by a person certified by the State of New York to conduct such inspections. C. No motor vehicle may operate within the City of Albany if it has been determined that the vehicle should be put out of service by a New York State Department of Transportation inspector. Matter in strikethrough to be deleted. Matter underlined is new material. § 359-6 Driver restrictions. No person shall operate or drive a motor vehicle nor permit another person to operate or drive a motor vehicle unless the person driving or operating the motor vehicle is duly and properly licensed with a license for the class of vehicle being operated which is in full force and effect and valid pursuant to Articles 19 and 20 of the Vehicle and Traffic Law of the State of New York, as amended, which articles are fully incorporated herein by reference. § 359-7 Motorized scooters Unregistered Motorized Devices. A. Definition of "motorized scooter." For purposes of this section, the term "motorized scooter" shall mean any wheeled device that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power, is less than 24 inches in height and is not capable of being registered with the New York State Department of Motor Vehicles. For the purposes of this section, the term "motorized scooter" shall not include wheelchairs or other mobility aids designed for use by disabled persons, electric- or gas-powered devices not capable of exceeding 15 miles per hour or "electric personal assistive mobility devices" defined as self-balancing, two-non-tandem-wheeled devices designed to transport one person by means of an electric propulsion system. B. No person shall operate a motorized scooter an unregistered motorized device on public streets or roadways in the City of Albany pursuant to the New York State Vehicle and Traffic Law. CB. Any person who violates Subsection B A of this section may be liable for a civil penalty in the amount of no more than $1,000. Authorized employees of the Police Department shall have the authority to enforce the provisions of this section. In addition, such violation shall be a traffic infraction and shall be punishable in accordance with § 1800 of the New York State Vehicle and Traffic Law. DC. Any motorized scooter unregistered motorized device that has been used or is being used in violation of the provisions of this section may be impounded and shall not be released until any and all removal charges and storage fees and the applicable fines have been paid or a bond has been posted in an amount satisfactory to the Chief of Police. ED. No person shall sell, lease or rent an motorized scooter unregistered motorized device to another person in the City of Albany without informing such buyer, leaser or renter, in writing, that the motorized scooters unregistered motorized device as defined in this section chapter are illegal to be driven on public streets or roadways pursuant to the New York State Vehicle and Traffic Law. Further, anyone selling, leasing or renting motorized scooters unregistered motorized devices shall, at his or her place of business, post a sign not less than 8 1/2 inches by 14 inches stating their illegal use on public streets and roadways pursuant to the New York State Vehicle and Traffic Law. FE. Any person who violates Subsection D of this section may be liable for a civil penalty of Matter in strikethrough to be deleted. Matter underlined is new material. no more than $1,000 for each violation. Each sale, lease or rental of a motorized scooter in violation of Subsection D shall be deemed a separate violation. Authorized employees of the Department, the Police Department, and of any other agency designated by the Mayor shall have the authority to enforce the provisions of this section. Section 2. Section 359-24 (Vehicle Use on Areas Designated for Bicycles) of Article II (Regulations) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-24 Motor Vvehicle use on areas designated for bicycles. Except as provided in § 359-23 above and § 25.05 of the Parks and Recreation Law, no motor vehicle shall be operated or parked on a path, lane, shoulder or portion of a slope that has been designated for the use of bicycles. Section 3. Section 359-112 (Drivers to exercise due care) of Article XII (Vehicle and Traffic Controls) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-112 Drivers to exercise due care. (Reserved) A. Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. For the purpose of this section, the term "domestic animal" shall mean domesticated sheep, cattle and goats which are under the supervision and control of a pedestrian. B. Approaching horses. (1) Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any horse being ridden or led along a public highway. (2) Every driver of a vehicle shall, at a reasonable and prudent speed, approach a horse being ridden or led along a public highway so as to avoid frightening such horse and shall pass the horse at a reasonable distance. (3) No driver of a vehicle shall sound the horn when approaching or passing a horse on a public highway. Section 3. Section 251-7 (Use of bicycles, tricycles, and vehicles in Washington Park and Beaver Park) of Article I (Public Grounds Designated as Parks; Government and Care of Parks and Parkways) of Chapter 251 (Parks and Recreation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 251-7 Use of bicycles, tricycles and vVehicles in Washington Park and Beaver City Park Parks. Matter in strikethrough to be deleted. Matter underlined is new material. A. Not withstanding any provision of law to the contrary, no No animals, bicycles, tricycles or motors or vehicles shall be permitted to either stand, congregate or loiter upon the driveways of these parks or in any other parts thereof to the obstruction of the way or to the inconvenience of or interference with travel therein, except on such occasions as may be specially designated by the Superintendent of Parks Chief of Police, in consultation with the Division of Traffic Engineering and the Commissioner of Recreation. B. Neither shall bicycles, tricycles, motors or vehicles go together in numbers or abreast, except in pairs, to the inconvenience, obstruction or interference with the driving public. C. No part of such Washington or Lincoln parks shall be used for a place of instruction in the use or management of any motor vehicle. including bicycles, tricycles and motors, and drivers or wheelmen must turn to the right hand in passing, and in all cases bicycles, tricycles and motors must carry lighted lamps after dark. D. No vehicle drawn by horses, or propelled in any other way, including bicycles, tricycles and motors, shall travel or use the park roads at a greater rate of speed than eight miles an hour, and on short curves four miles an hour. E. The use of bicycles, tricycles or vehicles of any kind is not permitted on the paths or walks of these parks. FD. The Commissioner of Parks and Recreation Commissioner of Recreation and Division of Traffic Engineering shall regulate the parking of motor vehicles within and upon the roadways of Washington Park city parks in connection with special events and theatrical events held therein and may establish and collect fees to offset the expense thereof. Section 4. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 26TH DAY OF JULY, 2022 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 23, 2024 Sponsor: Council Members Farrell and Zamer ORDINANCE 24.81.24 TITLE AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) AND CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF ACTIVE TRANSPORTATION IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION To improve the safety and easy of using Active Transportation on the streets and in the parks of the City of Albany. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Albany’s Code pertaining to vehicles is old and outdated, offering more deference for horses than pedestrians or users of Active Transportation. This legislation adopts state definitions for various types of vehicles and ensures certain laws only apply to motor vehicles, Furthermore, bicycles and other human propelled devices are safest when they are in a protected lane separated from motor vehicles. The National Highway Transportation Safety Administration suggests minimizing sidewalk riding in order to be visible and predictable to drivers. However, when there is no protected lane, as is too often the case, the sidewalk can be the safest choice when traffic volume or speed is high. Nonetheless, pedestrians always have the right of way on sidewalks and bicycles, and other human propelled devices on the sidewalk are safest when they maintain speeds similar to pedestrians. FISCAL IMPACT TBD Council Member Keegan introduced the following: LOCAL LAW J OF 2024 (P.A. 04/07/2025) A LOCAL LAW AMENDING ARTICLE III (EXECUTIVE BRANCH) OF THE CHARTER OF THE CITY OF ALBANY AND VARIOUS PROVISIONS OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF THE DEPARTMENT OF ENGINEERING AND POSITION OF COMMISSIONER OF THE DEPARTMENT OF ENGINEERING, AND PRESCRIBING THE DUTIES THEREOF Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Paragraph (1) of subsection (c) of section 301 (Mayor’s Powers and Duties Generally) of Article III (Executive Branch) of the Charter of the City of Albany is hereby amended to read as follows: 1. The Mayor shall have sole authority to appoint and remove all nonelected City department and office heads, who shall serve at the pleasure of the Mayor. Effective January 1, 2007, the Mayor's authority to appoint all nonelected City department heads (Department of Water and Water Supply, Department of Assessment and Taxation, Department of Youth and Workforce Services, Department of General Services, Department of Recreation, Department of Neighborhood and Community Services, Albany Police Department, Albany Fire Department, Department of Administrative Services, Department of Law, Department of Public Safety, Department of Engineering, and such other departments that are created from time to time) shall be subject to the advice and consent of the Common Council. This advice and consent authority shall be applicable to new appointments after January 1, 2007, only. The Common Council must either confirm or reject any such appointment within 45 days of the Mayor's filing of a written notice of appointment with the City Clerk. In the event the Common Council fails to timely approve or disapprove the appointment, the appointment shall be deemed confirmed. In the event the Common Council timely rejects the appointment, the Mayor shall make a new appointment for such position, which shall also be subject to confirmation pursuant to the above procedure. Section 2. Section 42-101 (Departmental functions; duties of Commissioner.) through Section 42- 104 (Abolition of departments; transfer of functions.) of Article XIII (General Provisions) of Part 5 (Department of General Services) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is amended as follows: § 42-101 Departmental functions; duties of Commissioner. A. The Department of General Services shall be comprised of all functions of the former Department of Public Works, Department of Engineering, Department of Parks and Recreation, Mayor's Office of Special Events and the street signage and traffic light installation and maintenance functions of the Police Department. All personnel and property of the Department of Public Works, Department of Engineering, Department of Parks and Recreation, and Mayor's Office of Special Events, together with those particular personnel and property of the Police Department, are hereby transferred to the Department of General Services. The Department shall generally be responsible for the routine maintenance and repair of all City streets, sidewalks and parks, sewers, pumping stations and drainage facilities, refuse and recyclable collection, including landfills and other forms of disposal, together with such other and further assigned functions and duties reasonably related thereto. The Commissioner shall maintain, administer and oversee the management of the City's fleet of vehicles (except fire apparatus) and shall be responsible for the administration of the City's special events and celebrations. B. The Commissioner, in the course of their duties related to the maintenance of all City streets, shall coordinate with the Commissioner of Engineering on promulgating street cleaning rules to be publicly accessible online and in-person. Such street cleaning rules shall consist of the institution of alternate side parking limits for the purpose of street cleaning and such limits shall be as instituted pursuant to § 359-21. § 42-102 Division of Engineering. (Reserved) A. The Commissioner shall administer and oversee a Division of Engineering as part of the Department of General Services which Division shall be headed by the City Engineer. B. City Engineer. 1. The Mayor shall appoint a City Engineer, who shall administer the functions of the Division of Engineering and who shall hold such office at the pleasure of the Mayor. 2. No person shall be eligible for appointment as City Engineer unless he or she is a licensed New York State professional with a civil or mechanical engineering degree and relevant experience. C. The City Engineer shall assist the Commissioner in the design, construction, maintenance and repair of City streets, roads, sewers, pumping plants and drainage facilities; shall review and certify all work done under contract entered into by the Board of Contract and Supply and supervise construction of public works. (Reserved) § 42-103 Division of Parks Maintenance. The Commissioner shall administer and oversee a Division of Parks Maintenance within the Department of General Services. The functions of the Division of Parks Maintenance shall include but not be limited to: A. Direct, supervise, care for and manage the parks of the City. B. Acquire, construct, install and maintain recreational facilities, equipment and other recreational property of the City. C. Care of the shade trees of the City. D. Establish by regulation the schedule of fees for use of parks and recreational facilities. E. Grant, upon approval of the Common Council, concessions to be operated within the parks and other recreational facilities. F. Adopt rules and regulations not inconsistent with law or the City Charter for the regulation of the public parks and other facilities of the City of Albany and for protection, safety and welfare of the public. G. Perform such other and further duties as may be prescribed by the City Charter, local law or laws. § 42-103.1 (Reserved) § 42-104 Abolition of departments; transfer of functions. The Department of Public Works, Department of Engineering, Mayor's Office of Special Events and Department of Parks and Recreation are hereby abolished and the functions, personnel and property thereof hereby transferred to the Department of General Services as created herein. Whenever in any local law, ordinance, Charter provision or other applicable statute, rule or regulation reference is made to the "Department of Parks and Recreation," such reference shall be deemed to have been made to the Department of General Services. Section 3. Chapter 42 (Departments and Commissions) of the Code of the City of Albany is hereby amended to read as follows, by adding a new Part 43, to be entitled “Department of Engineering” thereto: Part 43 Department of Engineering § 42-405 Legislative Intent The Common Council finds that the City of Albany has parceled out the functions pertaining to the engineering of our sidewalks, streets, and other public works to a number of different departments. By centralizing those functions under one department, the City of Albany will be able to organize its public projects and enhance its built environment with greater efficiency. This will further the objectives of the City of Albany's Complete Streets program which will make the City safer for users of all modes of transportation. § 42-406 Establishment. There shall be and is hereby created and established in the City of Albany a department known as the "Department of Engineering." § 42-406 Appointment of Commissioner of Engineering. There shall be appointed by the Mayor, a Commissioner of Engineering who shall be the head of the Department of Engineering and carry out the functions and duties thereof. § 42-407 Term of office; appointment of Deputy Commissioner. A. The Commissioner of Engineering shall hold office at the pleasure of the Mayor. B. The Commissioner shall appoint, to serve at their pleasure, Deputy Commissioner(s) and such other subordinates as may be authorized by the Board of Estimate and Apportionment. No person shall be eligible for appointment as Deputy Commissioner of Engineering unless they are a licensed New York State professional with a civil or mechanical engineering degree and relevant experience. C. In case of the absence or disability of the Commissioner or of a vacancy in office, the most senior Deputy Commissioner shall discharge the duties of the office until the Commissioner returns, the disability ceases or the vacancy is filled by Mayoral appointment. § 42-408 Duties of Commissioner; departmental functions; A. The Commissioner shall administer and oversee the Department of Engineering, its subordinate divisions, and the responsibilities thereof. B. The Department shall be responsible for designing and assisting in the capital construction, maintenance and repair of: City streets, sidewalks, other active transportation pathways, roads, and streetscape elements not related to refuse or recycling collection; sewers; pumping plants; and drainage facilities or water/water facilities. C. The Department shall also be responsible for reviewing and certifying all project plans as compliant with Article V (Complete Streets) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany and all applicable Federal and State law. D. The Department shall also review and certify all work done under contract entered into by the Board of Contract and Supply and supervise the construction of public works. The Department shall also be responsible for enhancing pedestrian and multi-modal safety in and around each public works project during each phase of such project. E. The Department shall be responsible for conducting traffic studies for work to be performed by the Department and shall oversee and perform such other traffic studies as requested by the Mayor, Commissioner of Engineering, or resolution of the Common Council and provide the study report upon completion to the Mayor and Common Council. F. The Department shall be responsible for and superintend all City-owned buildings and related appurtenances and shall maintain and supervise construction, maintenance and janitorial staff to accomplish such functions. § 42-409 Division of Traffic Engineering The Commissioner or their designee shall administer and oversee a Division of Traffic Engineering within the Department of Engineering. The functions of the Division of Traffic Engineering shall include but not be limited to: A. Installing and maintaining traffic signals; B. Coordinating with public transportation planning and operating organizations; C. Researching and implementing methods for improving active transportation thoroughfares; D. Traffic sign graphics, fabrication, installation, and maintenance; E. Supervising active transportation and vehicular infrastructure projects; F. Pavement marking installation and maintenance; G. Instituting and administering an "Emergency No Parking" program available to residents and businesses for the purpose of temporarily reserving on-street parking spaces; H. Performing such other and further duties as may be prescribed by the City Charter, local laws, and law. § 42-410 Transfer of Function The Commissioner shall serve as the City Engineer and whenever in any local law, ordinance, Charter provision or other applicable statute, rule or regulation reference is made to the "City Engineer" such reference shall be deemed to have been made to the Commissioner of Engineering or their designee. Whenever in any local law, ordinance, Charter provision or other applicable statute, rule or regulation reference is made to the "Bureau of Engineering," such reference shall be deemed to have been made to the Department of Engineering. Section 4. Sections 359-73 (Definitions.) of Article VIII (Residential Parking Permit System) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-73 Definitions As used in this article, the following terms shall have the meanings indicated, unless the context clearly requires otherwise: BUSINESS/PROPERTY OWNER PARKING PERMIT An authorization, based on the submission of adequate documentation in accordance with the provisions of this article, allowing an owner of a business, property or not-for-profit corporation operating in the City of Albany, and operating within a prepaid parking permit area, to park a vehicle, or vehicles designated by such business, property or not-for-profit corporation, for a period of time within such prepaid parking permit area without regard to the two-hour limitation on streets requiring display of a parking permit. CHIEF OF POLICE The Chief of the Albany Police Department or his or her their designee. CITY CLERK The City Clerk of the City of Albany or his or her their designee. COMMISSIONER OF ENGINEERING The Commissioner of the Albany Department of Engineering or their designee. DWELLING UNIT One or more rooms, including a kitchen or kitchenette, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. HOLIDAY A legal day of observance designated by the State of New York during which state offices are closed. NONRESIDENT An individual not currently residing within the permit area. PARKING PERMIT A business parking permit, residential parking permit or visitor parking permit issued in accordance with this article. RESIDENT An individual currently residing within the parking area based on the submission of adequate documentation in accordance with the provisions of this article. RESIDENTIAL PARKING PERMIT An authorization allowing a resident individual to park a vehicle operated by such person for a period of time within a prepaid parking permit area without regard to the two-hour limitation on streets requiring display of a parking permit. RESIDENT, TRANSIENT An individual currently residing within the parking area based on the submission of adequate documentation in accordance with the provisions of this article for a temporary period not to exceed eight months. TRANSIENT RESIDENTIAL PARKING PERMIT An authorization allowing a transient resident individual to park a vehicle operated by such person for a period of time within a prepaid parking permit area without regard to the two-hour limitation on streets requiring display of a parking permit. VISITOR PARKING PERMIT A temporary authorization allowing an individual to park a vehicle operated by such person for a period of time within a prepaid parking permit area without regard to the two-hour limitation on streets requiring display of a parking permit and for a consecutive period of days not to exceed one week, except for cause. Section 5. Sections 359-82 through Section 359-84 of Article VIII (Residential Parking Permit System) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-82 Rules and regulations The City Clerk, in consultation with the Albany Police Department, Department of Engineering, Department of Law, Department of Development and Planning, Treasurer’s Office and the Albany Parking Authority, may promulgate such rules and regulations as are necessary and proper to carry out the provisions of this article. § 359-83 Review and evaluation. A. Six months after the effective date of this article, and annually thereafter, the City Clerk, in consultation with the Albany Police Department, Department of Engineering, Department of Law, Department of Development and Planning, Treasurer’s Office and Albany Parking Authority, shall review and evaluate the implementation of the parking permit system pursuant to this article, including the adequacy of parking permit fees provided herein, and submit a report of his or her their findings and recommendations to the Mayor and the Common Council. B. The Chief of Police and Commissioner of the Department of Engineering, or his or her their designees, shall periodically review and assess on-street parking patterns within residential parking permit areas and those residential areas adjacent to such permit areas. The Chief of Police and Commissioner of the Department of Engineering, or their designee may recommend or take such actions as necessary, within his or her their authority to regulate traffic and parking within the City, to address parking or traffic patterns which may prove a nuisance for certain impacted neighborhoods. § 359-84 Commuter parking permits. A. The Common Council recognizes that implementation of a residential parking permit system will expand the availability of on-street parking capacity through a reduction in all-day commuter parking. The Council further recognizes that a certain level of excess on-street parking capacity is likely to exist after implementation of the permit system under this article. It is the Council’s intent that a certain level of unutilized capacity may be made available on a market-based rate for nonresident commuters. B. After implementation of this article, and upon a finding of the Common Council in consultation with the Chief of Police and Commissioner of Engineering, or their designees, and the Director of the Albany Parking Authority, the City Clerk may make available a specified number, by zone, of nonresident commuter permits upon authorization of the Common Council. C. An authorization by the Common Council under this section shall be by legislative enactment, which may be in the form of a resolution, which shall state its findings, the number of nonresident commuter permits which may be issued by zone and the fee therefor . D. A legislative enactment under this section shall not be made until there has been adequate time to assess the impact of implementation of this article and in no case less than three months from the implementation date of this article. Section 6. Sections 272-9 through Section 272-12 of Article III (Tour Buses) of Chapter 272 (Public Transportation) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 272-9 Designation of specific parking area. In order to ensure the public health, safety and welfare and in the interests of regulating traffic and avoiding congestion, the Chief of Police Commissioner of the Department of Engineering or his/her their designee shall designate specific areas for the parking of tour buses within the City of Albany. § 272-10 Fees. The Chief of Police or his/her their designee is authorized to impose a parking fee for the parking of tour buses, the sum of which shall be $85 per bus per day or a part thereof. § 272-11 (Reserved) § 272-12 Rules and regulations. The Chief of Police Commissioner of the Department of Engineering or his/her their designee is hereby authorized and empowered to promulgate additional rules and regulations necessary to effect the purpose and intent of this article. Section 7. Sections 359-123 through Section 359-129 of Article XIII (Parking Meters) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 359-123 Authorization. A. The installation and operation of certain devices known generally as parking meters are hereby authorized and required on the streets, thoroughfares and public places of the City of Albany which from time to time may be specified by the Chief of Police Commissioner of the Department of Engineering, or his their designee. Parking spaces are hereby authorized and established on all such streets, thoroughfares and public places subject generally to the powers, authorizations and conditions contained in this article. The Chief of Police Commissioner of the Department of Engineering, or his their designee, is authorized and empowered, and is given the continuing direction within the limits of this article to rearrange or otherwise change parking meters on the streets, thoroughfares and public places designated from time to time so as best to provide for the traffic needs of the City of Albany and for changing conditions and adjacent installations. B. For the purposes of this article, the term "parking meter" shall also refer to a device or devices known as "pay stations" or "multi-space meters" which are centrally located and capable of regulating multiple metered parking spaces through display of a receipt or other proof of payment which is obtained upon payment of the applicable parking fee. § 359-124 Types of meters. The Chief of Police Commissioner of the Department of Engineering, or his their designee, is hereby authorized and directed to install, to direct the installation or to order the installation of parking meters on portions of the streets, thoroughfares and public places of the City of Albany. In his their discretion from time to time and as he may deem best suited for the traffic needs of the particular portion of the streets, thoroughfares and public places of the City, the parking meters may be of 20 minutes, one hour, two hours, four hours or 10 hours. The Chief of Police Commissioner of the Department of Engineering, or his their designee, also is authorized to install parking meters with other variations of time. § 359-125 Installation. Single-space parking meters for parallel parking shall be installed from time to time in such manner as to divide the street and sub area into units or stalls of approximately 20 feet in length. The meters shall be installed in such manner as to be at the forward end of such curb parking spaces. Parking meters for other than parallel parking shall be installed in such a manner as, in the discretion of the Chief of Police Commissioner of the Department of Engineering, or his their designee, is best suited for designating the parking spaces in the particular area. § 359-126 Operation of meters A. Signal. Each parking meter, other than a pay station or multi-space meter, shall be so installed or set as to display, upon the deposit of proper United States coin or coins to properly register the coin or coins for the period of time designated as being proper for parking at that place, a signal indicating legal parking for the said period of time. B. Expiration. Each parking meter, other than a pay station or multi-space meter, shall also be equipped with a device which shall continue operation from the time of the depositing of said coin or coins to properly register the said coin or coins until the expiration of the designated legal parking period, when it will indicate by a proper operation and the display of a proper signal that the lawful period for parking, as prescribed, has expired. C. Pay stations and multi-space meters. Each pay station or multi-space meter, upon payment of the applicable fee, shall be capable of generating a receipt or other proof of payment indicating the amount of parking time purchased and the expiration thereof. Proper display of proof of payment shall be by a means determined by the Chief of Police Commissioner of the Department of Engineering or his their designee and in such a manner that the expiration time and date are readily visible from the exterior of the vehicle, or via alternative communication methods. For motorcycles, receipts shall be affixed where clearly visible. Pay stations or multi-space meters shall be equipped so as to be able to accept payment through the deposit of proper United States coin or coins (which may include paper currency), credit or debit card or other form of payment as determined by the Chief of Police Commissioner of the Department of Engineering, or his their designee. § 359-127 Hours of operation. Each parking meter mechanism shall display, in a conspicuous place, a plate or other device which shall clearly state the hours during which that meter shall be legally in operation and any exceptions thereto. The plate shall also clearly indicate the type of coin or coins, or other form of applicable payment, which must be inserted therein for the legal parking of a vehicle and the period of time during which it shall be legally permissible to park in that meter area upon the payment of the prescribed coin or coins, or other form of applicable payment. § 359-128 Times and rates. Any other section or subsections of this article notwithstanding, the Chief of Police Commissioner of the Department of Engineering, or his their designee, is hereby authorized and directed to determine the duration times and the fees for the operation of meters on any parking space. § 359-129 Maintenance. The Chief of Police Commissioner of the Department of Engineering, or his their designee, shall have the duty to keep all meters installed under the provisions of this article in a good operating condition, clean and properly painted. Each meter shall have clearly marked upon it or its standard or supporting post in a conspicuous place an identifying number to indicate its location. The number shall be used for the purpose of identifying the location of the meter zone and the vehicle therein when the vehicle is charged with a violation of parking provisions at that place, and the number will serve as a means of identification which the public or the Police Department may use when reporting defective meters, violations or other occurrences. § 359-130 Levy and collection of fees. The coins, or other applicable form of payment, required to be deposited in parking meters are hereby levied as fees to provide for the proper regulation and control of traffic upon the streets, thoroughfares and in the public places of the City and to cover the cost of the purchase, installation, inspection, maintenance, collection and control and operation of parking meters, including the establishment and maintenance of parking spaces. § 359-131 Enforcement. It shall be the duty of the Police Department of the City of Albany to enforce the parking provisions of this article applicable to vehicles stopped or parked in a space adjacent to a parking meter in active operation. Such violation shall be recorded, and a notice thereof shall be left upon the vehicle in the form and manner applying to parking violations as set forth in Article IX of this chapter. § 359-132 Maximum time for parking. At any location on the streets, thoroughfares and public places of this City where a parking meter is in active operation it shall be lawful, upon payment of the designated coin or coins, or other form of applicable payment, for that particular location, to park a vehicle for the full period designated as the maximum period for legal parking. The vehicle may be parked for the unexpired time, if any, showing on the parking meter from a previous insertion of a coin or coins without the additional payment of any coin or coins for said unexpired term. The provisions of this section imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting stopping, standing or parking of vehicles in specified places or at specified times. § 359-133 Parking within space. It shall be illegal for any driver to park a vehicle in an area specified for parallel parking, in a space adjacent to a single-space parking meter in active operation, other than with the front wheel of the vehicle approximately centered upon the standard or post supporting the parking meter. § 359-134 Unlawful parking. A. Restrictions. It shall be unlawful for any person to permit a vehicle to park or remain in any space adjacent to a parking meter in active operation on one of the streets, thoroughfares or public places of this City, except as otherwise specifically provided in this article, without inserting the proper coin or coins, or other form of applicable payment, in the parking meter provided therefor. No vehicle shall be permitted to stand in the space adjacent to any parking meter during the time when parking or stopping is otherwise prohibited at such location by message on the meter mechanism, sign posting or covering of the meter with an official marked cover, which shall indicate that parking is prohibited. B. Tampering with meter; slugs. It shall be unlawful for any person to deposit or cause to be deposited in a parking meter any slug, device or substitute for the proper United States coin or coins, or other form of applicable payment. It shall also be unlawful for any person to deface, injure, tamper with, steal from, open or willfully break into, to destroy, to remove or to impair the usefulness of any parking meter installed under the provisions of this article, except that this provision shall not apply to persons duly designated by the Chief of Police Commissioner of the Department of Engineering, or his their designee, for the purpose of collecting United States currency placed into said parking meters, or to persons authorized by the Chief of Police Commissioner of the Department of Engineering, or his their designee, for regulating, repairing or maintaining such meters. Any person violating the provisions of this subsection shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or to imprisonment for not more than 12 months, or to both such fine and imprisonment in the discretion of the court. Section 8. This Local Law shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 20TH DAY OF MARCH, 2025 ________________________________ Corporation Counsel To: Shaniqua Jackson, City Clerk From: Jake Eisland, Esq., Research Counsel Bryan Jimenez, Senior Legislative Aide Re Common Council Legislation Supporting Memorandum Date June 3, 2024 Sponsor Council Member Keegan LOCAL LAW J OF 2024 TITLE A LOCAL LAW AMENDING ARTICLE III (EXECUTIVE BRANCH) OF THE CHARTER OF THE CITY OF ALBANY AND VARIOUS PROVISIONS OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CREATION OF THE DEPARTMENT OF ENGINEERING AND POSITION OF COMMISSIONER OF THE DEPARTMENT OF ENGINEERING, AND PRESCRIBING THE DUTIES THEREOF GENERAL PURPOSE OF LEGISLATION The City of Albany Fiscal Year 2024 budget proposed the establishment of a Department of Engineering by combining the Division of Engineering, under the Department of General Services, and the Division of Traffic Engineering, under the Chief of Police. This legislation would officially create the department and clarify the duties thereof. NECESSITY FOR LEGISLATION Section 504 (Departments, Offices and Commissions.) of the Charter of the City of Albany empowers the Common Council "to create…departments…and to prescribe or modify their powers and duties by a duly enacted local law." This legislation will serve to create the currently unofficial Department of Engineering. FISCAL IMPACT(S) None.