1. Meeting Agenda 1.I. April 15, 2024 | Combined Agenda And Active Calendar Documents: 24 AGENDA-ACTIVE-CALENDAR 0415.PDF 2. Supporting Legislation Legislation that is being introduced for the first time 2.I. April 15, 2024 | Supporting Legislation Documents: APRIL 15 2024.PDF 3. Active Legislation Legislation that was previously introduced and is now being considered by the body 3.I. April 15, 2024 | Active Legislation Documents: 240415 ACTIVE LEGISLATION.PDF 4. Majority Consent (MC) 5. Supporting Document 6. Minutes 7. Written Comment 8. Active Calendar AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, April 15, 2024 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment (Revised 4/5/2024) Page 1 of 12 NOTICE OF INTENT TO REQUEST DESIGNATION OF THE SOUTH WATERFRONT DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN The City of Albany is hereby providing Notice of Intent to nominate the South Waterfront District - Step 2 Brownfield Opportunity Area (BOA) Plan to the New York State, Department of State for official designation. Successful designation of the South Waterfront District - Step 2 Brownfield Opportunity Area (BOA) Plan will make available additional Brownfield Tax Credits for eligible projects and give project grant or financing applications priority and preference from State, Federal, and local agencies as allowed by law. The BOA Nomination document are available for review on the Project websites (City of Albany WAVES (albanynywaves.com)) and physical copies can be provided by request at the Department of Planning and Development by contacting Poulomi Sen, Senior Planning Project Manager (psen@albanyny.gov or dpd@albanyny.dov; 518-694-3986). As part of the required nomination process, the Common Council will conduct a public hearing on Monday, April 15, 2024 at 7:00 PM at the Common Council Chamber at City Hall, 24 Eagle St, Albany NY 12205, for the purpose of accepting public comment on the draft Nomination Study and the City’s intent to request official designation for Brownfield Opportunity Area. This meeting will be an in-person meeting in the Common Council Chambers, City Hall and will be held on the following matter: Resolution 29.32.24R, Sponsored by Council Member Johnson A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE SOUTH WATERFRONT DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION This public hearing is being held pursuant to guidelines established in the Open Meetings Law and anyone wishing to be heard can submit written comments (commoncouncil@albanyny.gov) or provide in-person testimony on the resolution before the Common Council for consideration. The Public Hearing will be livestreamed to our YouTube© page: https://www.youtube.com/@albanycommoncouncil5666 We encourage all interested parties to submit written comments by 12 noon on April 15, 2024. Anyone wishing to be heard will have an opportunity to be heard at the above stated time and location. Shaniqua Jackson City Clerk (Revised 4/5/2024) Page 2 of 12 NOTICE OF INTENT TO REQUEST DESIGNATION OF THE NORTH WAREHOUSE DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN The City of Albany is hereby providing Notice of Intent to nominate the North Warehouse District - Step 2 Brownfield Opportunity Area (BOA) Plan to the New York State, Department of State for official designation. Successful designation of the North Warehouse District - Step 2 Brownfield Opportunity Area (BOA) Plan will make available additional Brownfield Tax Credits for eligible projects and give project grant or financing applications priority and preference from State, Federal, and local agencies as allowed by law. The BOA Nomination document are available for review on the Project websites (City of Albany WAVES (albanynywaves.com)) and physical copies can be provided by request at the Department of Planning and Development by contacting Poulomi Sen, Senior Planning Project Manager (psen@albanyny.gov or dpd@albanyny.dov; 518-694-3986). As part of the required nomination process, the Common Council will conduct a public hearing on Monday, April 15, 2024 at 7:00 PM at the Common Council Chamber at City Hall, 24 Eagle St, Albany NY 12205, for the purpose of accepting public comment on the draft Nomination Study and the City’s intent to request official designation for Brownfield Opportunity Area. This meeting will be an in-person meeting in the Common Council Chambers, City Hall and will be held on the following matter: Resolution 30.32.24R, Sponsored by Council Member Kimbrough A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE NORTH WAREHOUSE DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION This public hearing is being held pursuant to guidelines established in the Open Meetings Law and anyone wishing to be heard can submit written comments (commoncouncil@albanyny.gov) or provide in-person testimony on the resolution before the Common Council for consideration. The Public Hearing will be livestreamed to our YouTube© page: https://www.youtube.com/@albanycommoncouncil5666 We encourage all interested parties to submit written comments by 12 noon on April 15, 2024. Anyone wishing to be heard will have an opportunity to be heard at the above stated time and location. Shaniqua Jackson City Clerk (Revised 4/5/2024) Page 3 of 12 Albany Common Council Active Calendar Monday, April 15, 2024 The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action. Legislation Prime Sponsor Subject Resolutions Introduced Anane A RESOLUTION OF THE COMMON COUNCIL DECLARING 40.42.24R APRIL 22, 2024 TO BE EARTH DAY IN THE CITY OF ALBANY AND COMMEMORATING THE 54TH ANNIVERSARY OF EARTH DAY Resolutions Held Johnson A RESOLUTION OF THE COMMON COUNCIL SUPPORTING 29.32.24R THE CITY OF ALBANY IN ITS NOMINATION OF THE SOUTH WATERFRONT DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION Resolutions Held Kimbrough A RESOLUTION OF THE COMMON COUNCIL SUPPORTING 30.32.24R THE CITY OF ALBANY IN ITS NOMINATION OF THE NORTH WAREHOUSE DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION (Revised 4/5/2024) Page 4 of 12 Local Laws Introduced 1 Robinson Local Law D of 2024 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BRINGING THE CPRB INTO THE CITY (Revised 4/5/2024) Page 5 of 12 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: 9/21/2022* 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 Zamer Local Law M of 2022 A LOCAL LAW AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) REDUCING THE SPEED LIMIT OF THE CITY OF ALBANY FROM 30 TO 25 MILES PER HOUR *Referred to Public Safety | Discussed: 9/11/2023* 8 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 4/5/2024) Page 6 of 12 9 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* 10 Balarin Local Law A of 2024 A LOCAL LAW AMENDING PART 8 (SUSTAINABILITY ADVISORY COMMITTEE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING AND INCREASING THE SIZE OF THE SUSTAINABILITY ADVISORY COMMITTEE *Referred to Planning, Economic Development & Land Use | Discussion: 4/17/2024* 11 Zamer Local Law B of 2024 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 42 THERETO CREATING THE CITY OF ALBANY PEDESTRIAN AND CYCLING ADVISORY COMMISSION *Referred to Law, Buildings & Code Enforcement* 12 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 *Referred to Law, Buildings & Code Enforcement* (Revised 4/5/2024) Page 7 of 12 Ordinances Introduced 1 Balarin Ordinance 10.42.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION (Revised 4/5/2024) Page 8 of 12 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: 2/27/2024* 6 Kimbrough Ordinance 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN- OWNED AND CONTROLLED BUSINESSES *Referred to Human Resources & Human Rights | Discussed: 9/14/2023* 7 Keegan Ordinance 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITTING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE *Referred to General Services, Health & Environment | Discussed: 7/31/2023* 8 Adams Ordinance 33.82.23 AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PARCELS AT 34 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-10), 38 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-9), AND 181 MYRTLE AVENUE (TAX MAP PARCEL NUMBER 76.40-2-37) TO CAPITAL ROOTS, INC. *Referred to Finance, Assessment and Taxation | Discussed: 9/18/2023* 9 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 4/5/2024) Page 9 of 12 10 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* 11 Flynn Ordinance 1.12.24 AN ORDINANCE AMENDING SECTION 353-63 (“MAXIMUM CHARGES”) OF CHAPTER 353 (“VEHICLES FOR HIRE”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE MAXIMUM FEE TOW TRUCK OPERATORS MAY CHARGE FOR TOWS NOT REQUESTED BY THE OWNER OF THE VEHICLE TO BE TOWED *Referred to Public Safety | Discussed: 2/6/2024* 12 Farrell Ordinance 2.21.24 AN ORDINANCE REPEALING ARTICLE I (TAXICABS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement* 13 Anane Ordinance 3.21.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS *Referred to Planning, Economic Development & Land Use | Discussion: 4/17/2024* 14 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* 15 Frederick Ordinance 5.22.24 (MC) AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $4,300,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $4,300,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (LAW – SETTLEMENT PAYMENT) *Referred to Finance, Assessment and Taxation* 16 Balarin Ordinance 7.32.24 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 327 WASHINGTON AVENUE (TAX MAP PARCEL NUMBER 65.71-1-55) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF POWER SUPPLY TO THE EV CHARGERS THAT WILL BE INSTALLED ON THE PROPERTY *Referred to Finance, Assessment and Taxation* 17 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* 18 Robinson Ordinance 9.41.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF LARGE VEHICLES IN SCHOOL ZONES *Referred to Law, Buildings & Code Enforcement* (Revised 4/5/2024) Page 10 of 12 Resolutions Introduced 1 Frederick Resolution 37.42.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY, AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO CERTAIN CAPITAL PROJECTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE CITY IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY 2 Frederick Resolution 38.42.24R 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 3 Johnson Resolution 39.42.24R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING THE CONTRIBUTIONS OF ANNE M. POPE TO THE CITY OF ALBANY AND RENAMING A PORTION OF SECOND AVENUE AND GRANDVIEW TERRACE IN HER HONOR 4 Anane *Under Consideration* Resolution 40.42.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 22, 2024 TO BE EARTH DAY IN THE CITY OF ALBANY AND COMMEMORATING THE 54TH ANNIVERSARY OF EARTH DAY (Revised 4/5/2024) Page 11 of 12 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 26.32.24R 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 *Referred to Finance, Assessment and Taxation* 6 Johnson *Under Consideration* Resolution 29.32.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE SOUTH WATERFRONT DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION 7 Kimbrough *Under Consideration* Resolution 30.32.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE NORTH WAREHOUSE DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION (Revised 4/5/2024) Page 12 of 12 COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION APRIL 15, 2024 LOCAL LAWS D of 2024 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BRINGING THE CPRB INTO THE CITY ORDINANCES 10.42.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION RESOLUTIONS 37.42.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY, AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO CERTAIN CAPITAL PROJECTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE CITY IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY 38.42.24R 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 39.42.24R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING THE CONTRIBUTIONS OF ANNE M. POPE TO THE CITY OF ALBANY AND RENAMING A PORTION OF SECOND AVENUE AND GRANDVIEW TERRACE IN HER HONOR 40.42.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 22, 2024 TO BE EARTH DAY IN THE CITY OF ALBANY AND COMMEMORATING THE 54TH ANNIVERSARY OF EARTH DAY Council Member Robinson, Hoey, and Romero introduced the following: LOCAL LAW D OF 2024 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BRINGING THE CPRB INTO THE CITY Be it enacted by the Common Council of the City of Albany as follows: Section 1. Article XLIV (General Provisions) of Part 33 (Community Police Review 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: § 42-332 Legislative findings; purpose. A. The Common Council hereby finds and declares that abuse of authority, incivility, rudeness, prejudice or discrimination based upon race, gender, color, national origin, economic status, religion, age, sexual orientation, marital or domestic partner status, or mental or physical ability has no place in the actions, customs, practices, policies or procedures of the City of Albany Police Department. B. The Common Council further finds and declares that it is in the public interest of the City of Albany to have an independent mechanism to fairly review the conduct of law enforcement officials. C. The Common Council further finds and declares that the conduct of law enforcement officials is subject to public, departmental and executive scrutiny and accountability. D. The Common Council further finds and declares that an effective program to improve the relationship between the community and the Albany Police Department requires certain independent authority and power to review the handling of complaints of police misconduct. E. The purpose of this Part 33 is to create an independent review body with respect to complaints of misconduct by officers of the Albany Police Department. The remedies created by this Part 33 are in addition to any others provided by common law or statute. Its goals are to improve communication between the Police Department and the community, to increase police accountability and credibility with the public and to create a complaint review process that is free from bias and informed of actual police practices. § 42-333 Definitions. For purposes of this Part, the following words and phrases shall have the meanings described in this section: Material in strikethrough to be deleted. New material is underlined. ADMINISTRATIVE AGENCY The agency responsible for administration of the CPRB pursuant a request for qualifications (RFQs), as described in § 42-352. APD The City of Albany Police Department. CHIEF The Chief of Police of the Albany Police Department. COMPLAINT A statement concerning police conduct which is either submitted to the Community Police Review Board for filing with the Albany Police Department or filed directly with the Albany Police Department. CPRB The Community Police Review Board. GENDER Shall have the same meaning as set forth in § 48-25 (Definitions) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of this Code. MEDIATION A structured dispute resolution process in which a neutral third party assists the disputants by facilitating a nonbinding intervention. OFFICER Any sworn police officer of the City of Albany Police Department affected by an individual's complaint. PROFESSIONAL STANDARDS The Professional Standards Unit of the City of Albany Police Department. § 42-334 CPRB establishment; appointment of members; funding. A. There is hereby established a Community Police Review Board (CPRB) comprised of nine members, five of whom shall be appointed by the Common Council and four of whom shall be appointed by the Mayor. B. Members shall be appointed for three-year terms; provided, however, that: 1. Of members initially appointed by the Common Council: one shall be for a term of one year; two shall be for a term of two years; and two shall be for a term of three years. 2. Of members initially appointed by the Mayor: one shall be for a term of one year; one shall be for a term of two years; and two shall be for a term of three years. Material in strikethrough to be deleted. New material is underlined. C. No member of the CPRB shall serve for a period which exceeds two full consecutive terms; provided, however, that a member may be considered for reappointment to the CPRB after one year of nonmembership. D. Members shall continue to serve on the CPRB until their successors have been appointed. E. Annually, the members of the CPRB shall elect from their membership a member to serve as Chair. F. Upon submission to the Common Council, the annual proposed City of Albany operating budget shall include a separate appropriation to fund CPRB operations in an amount which is not less than 1% of the total proposed budget of the Albany Police Department. G. The Corporation Counsel shall advise and represent the Board as it would other public boards in accordance with applicable state and local law(s). Additionally, the CPRB may seek and retain separate legal counsel, whether on staff or contract, for any purpose otherwise authorized under this Part 33 in addition to utilization of the services of the Corporation Counsel at the CPRB's discretion. H. The CPRB shall annually adopt an operating budget within amounts available which, upon adoption, shall be transmitted to the Mayor and members of the Common Council. All contracts for outside services (legal or other) shall be procured in accordance with applicable procurement requirements. § 42-335 Removal of members; filling of vacancies. CPRB members may be removed at any time for cause by a two-thirds vote of the Common Council. Any vacancy occasioned by resignation, death or removal of a member shall be filled within 60 days in the same manner as the predecessor to fill the unexpired term. § 42-336 Qualifications of members. A. Members of the CPRB shall reside in the City of Albany and possess a reputation for fairness, integrity and responsibility and have demonstrated an active interest in public affairs and service. B. The Common Council and the Mayor shall endeavor to reflect community diversity in their appointments, including income level, race, ethnicity, age, gender, sexual orientation and experience, and shall, in their appointments, solicit recommendations from the community. Officers (as defined in the City of Albany Charter), current employees of the City of Albany and the immediate relatives of officers and employees shall not be eligible for appointment. C. Members of the CPRB and their immediate family shall not be former employees of APD. § 42-337 Quorum. Five members of the CPRB shall constitute a quorum. Five votes shall be required for any action. Material in strikethrough to be deleted. New material is underlined. § 42-338 Bylaws and rules. The CPRB, with the advice and assistance of the Administrative Agency, shall adopt, and the Common Council shall approve, rules and bylaws for the transaction of CPRB affairs, including the manner of calling and giving notice of special meetings and the appointment and duties of any special committees. § 42-339 Employment of experts; expenses; Board of Estimate and Apportionment. The CPRB shall have the power and authority to employ experts and a staff and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all the appropriations that may be made for such Board, which services and expenses shall in the first instance be authorized and approved by the Board of Estimate and Apportionment. § 42-33940 Training and orientation of members. The Administrative Agency shall coordinate and conduct training and orientation of CPRB members and recommend for adoption by the Common Council written standards for orientation of appointees and continuing training of all CPRB members. The CPRB and Police Department shall designate an individual to collaborate on the creation of a program for the training and orientation of CPRB members, and create a list of acceptable trainings. The CPRB Completion of the orientation program concerning the goals, powers and procedures of the CPRB is required before a member may participate as a voting member. In addition, graduation from the Albany Police Department's Community Police Academy (the curriculum of which shall include training in the laws applicable to public record concerns, internal affairs investigations, confidentiality issues and liability statutes; training in police procedures; participation in ride-alongs; defensive tactics training; firearms familiarization; and emergency vehicle operations) within six months of the start of the member's term is required, unless no suitable programs were available at Albany Police Academy during that timeframe. Further, the Administrative Agency shall provide to CPRB members, and the members shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer and shall additionally include a review and update of relevant federal and state statutory amendments and case law. Further, at least one member of the CPRB shall be designated to become a member of the National Association of Civilian Oversight of Law Enforcement, and at least one member shall attend its annual conference. § 42-3401 Recommendations, reports, data collection and analysis. A. The CPRB may make recommendations to the Common Council and the Mayor regarding police policies and practices relevant to the goals of community policing and the exercise of discretionary authority by police officers. B. The Administrative Agency, on behalf of the CPRB shall file quarterly and annual reports with the Common Council and the Mayor which contain statistics and summaries of complaints, including a comparison of the CPRB's findings with the final determinations of the Department. The Administrative Agency CPRB shall contract with one or more local colleges, universities or research institutions to conduct surveys of complainants concerning the level of their satisfaction with the process and to conduct surveys of the Material in strikethrough to be deleted. New material is underlined. community to get feedback concerning the CPRB and the Police Department. The results of those surveys shall be reported to the CPRB, the Chief and the Common Council. In addition, the Administrative Agency CPRB shall collect data concerning alleged offenses and offenders and report this data to the Chief. The Chief shall analyze and use the data concerning repeat alleged offenses and offenders to implement an “early warning system” to track repeat alleged offenses and offenders reported to CPRB and the Police Department. C. The Chief shall issue a quarterly report to the CPRB on disciplinary investigations and action taken within the Department and resolutions thereof. Such reports shall include both individualized information about specific cases and aggregate information. Additionally, the CPRB is authorized to request a report from the Chief on whether disciplinary action was taken in any specific case. D. The CPRB may perform, or cause to be performed, an audit to assess the investigation and adjudication of civilian complaints. § 42-3412 Member responsibilities. CPRB members shall: A. Maintain absolute confidentiality with respect to confidential or privileged information they receive and maintain a thorough knowledge of the legal protection accorded to police records, including the penalties imposed for violations. B. Obey all laws respecting individuals' rights of privacy and confidentiality of records. C. Not remove any Police Department, Professional Standards, personnel or other confidential files, records or tapes from City offices except as authorized under this article. D. Excuse themselves from participating in the review of any complaint in which they have a personal, professional or financial conflict of interest. E. Conduct themselves at all times in a manner that will maintain public confidence in the fairness, impartiality and integrity of the CPRB and refrain from making any prejudicial comments with respect to the CPRB, complainants or police officers. F. Participate in orientation and training programs in accordance with § 42-33940 of this Part. § 42-3423 Initiation of complaints. A. Complaints may be received directly by the CPRB, or upon referral from OPS, the Mayor, the Common Council, any Council Member, the City Clerk, or the Chief. Any complaint received and accepted by the CPRB shall be transmitted to OPS, and any complaint received and accepted by OPS shall be transmitted to the CPRB. Complaints shall be filed within 180 days of the date of the incident giving rise to the complaint. B. The CPRB shall receive complaints by telephone, in person, by mail, email or web form. Material in strikethrough to be deleted. New material is underlined. Complaints shall be received and considered, whether submitted under signature or anonymous. Efforts to simplify the procedure shall be made to encourage filing. Professional standards of confidentiality with regard to the written release of information and informed consent shall apply to all complaints filed. With respect to the confidentiality of all interested parties, the CPRB shall comply with all local, state, and federal laws. C. Before proceeding with the complaint process, the CPRB shall make the complainant aware of and provide a referral to organizations that advocate for people who have experienced police misconduct and can explain the process of the CPRB and other options that exist beyond the CPRB's jurisdiction. D. The CPRB shall have full access to information about any officer involved in the events that are the subject of a complaint, including information about prior complaints involving that officer and any action taken in response to those complaints. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB's findings, or otherwise make public, such information that is not otherwise subject to confidentiality standards. E. When a complaint is filed, and OPS is in the possession of any audio or video footage pertaining to the incident (including, but not limited to, body camera footage and dashboard camera footage), OPS shall make such footage available for any members of the CPRB upon request. If OPS fails to make the footage available within 14 days of the request, it shall forward a notice to the CPRB and the Common Council explaining the delay. Upon request of the CPRB, the Common Council may, after consideration, direct the release of such footage to the CPRB notwithstanding the requested delay. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB's findings, or otherwise make public, such information. F. When a complaint is filed, the Chief or their designee and the CPRB shall, pursuant to § 42-347, determine whether the mediation is appropriate. § 42-3434 Powers and duties. A. The CPRB shall have the power to conduct independent investigations as it deems warranted, even in the absence of a complaint being filed with either OPS or CPRB; the power to issue subpoenas to compel testimony and the production of evidence, and the power to discipline officers if a complaint of misconduct is sustained subject to due process procedures and findings. B. The CPRB shall establish a disciplinary matrix in conjunction with the Chief. Such matrix shall include clearly delineated penalty levels with ranges of sanctions which progressively increase based on the gravity of the misconduct and the number of prior sustained complaints. The CPRB, in consultation with the Chief, shall review the disciplinary matrix annually, and consider any recommended changes. The CPRB shall also seek input from the public while establishing and reviewing disciplinary matrices. The Chief shall decide the final version of the disciplinary matrix to be used after public input facilitated with the Material in strikethrough to be deleted. New material is underlined. CPRB. C. The CPRB shall periodically review and assess APD policies, procedures, patterns, practices and training and may recommend changes to the APD. Written acknowledgment of receipt of recommendations will be sent to the Chair of CPRB from the Chief within 60 days with a detailed listing of what items are and are not being implemented. D. The CPRB and the Chief shall establish a cooperative relationship to ensure the orderly and efficient flow of information. E. Accessibility. 1. The CPRB shall provide or arrange language access for limited- or non-English- proficient complainants and witnesses at all stages of the investigative and adjudicative process. Language access shall be available during all operating hours of the CPRB. 2. The CPRB shall provide reasonable accommodations in accordance with federal, state and local law to individuals with disabilities at all stages of the investigative and adjudicative process. Such accommodations shall be available during all operating hours of the CPRB and shall include but not be limited to: accessible means of egress, accessible means of communication via auxiliary aids or services giving primary consideration to preferences of the individual deserving such services, and access to ASL interpreters. F. Investigation of complaints. 1. The CPRB may interview complainants, witnesses and APD officers, and gather relevant evidence. OPS shall provide the CPRB with written notice of the commencement of any investigation, and likewise, the CPRB shall provide the OPS with written notice of the commencement of any investigation. 2. The CPRB shall have the power to investigate any and all conduct, acts or omissions by any APD officer independent of any investigation conducted by OPS. 3. Subpoenas may be issued by the CPRB at any time during the review and adjudication processes. Such subpoenas may compel the attendance of witnesses, APD officers, APD employees, and/or persons, and require the production of records and other materials, including records of the APD, other persons or other agencies. A copy of any subpoena served upon an APD officer or employee shall also be delivered to the Chief. CPRB subpoenas are enforceable pursuant to relevant provisions of Article 23 of the New York Civil Practice Law and Rules. 4. Upon receipt of a complaint, within the time frame allotted in accordance with any applicable police collective bargaining agreement, OPS shall provide to the CPRB its entire investigative case file related to the complaint. Thereafter, OPS shall send Material in strikethrough to be deleted. New material is underlined. any newly acquired evidence to the CPRB within five business days of the acquisition of the evidence. If OPS makes any findings with respect to the complaint, they shall send all such findings to the CPRB within five business days. 5. One police officer holding the rank of Captain or higher shall be made available by the Chief to the CPRB at the CPRB's request to serve as a consultant or advisor should questions arise from members of the CPRB regarding specific police practices, policies, or general orders. The officer so assigned shall be neither from OPS nor the commanding officer of the officer(s) involved in the case being reviewed. 6. A complainant may, at any time, decline to have their complaint investigated and reviewed by the CPRB. Such declination must be made in writing. 7. Statements made by complainants, APD officers or employees, or witnesses are subject to the CPRB's determinations of weight and credibility. Participation or lack of participation in the hearing process may be considered by the CPRB as one factor in their determination of credibility. 8. The Chief shall take no final action on a complaint, whether received directly by the APD or by the CPRB, until receipt of the CPRB's findings and decision, or notice that the CPRB has determined no disciplinary action is appropriate. Nonetheless, the Chief shall retain the authority to suspend an APD officer during the investigation and adjudication of a complaint against the APD officer, as well as the authority to impose any additional discipline for an officer above and beyond that recommended by the CPRB. Any documentary information that the Chief discusses in public or with the media must be made available to the CPRB. § 42-3445 Findings of the CPRB. A. The CPRB, after review and deliberation of an investigation, shall, by majority vote, make one of the following findings on the case: 1. Sustained: where the review discloses sufficient facts to prove the allegations made in the complaint. 2. Not Sustained: where the review fails to disclose sufficient facts to prove or disprove the allegation made in the complaint. 3. Exonerated: where the acts which provide the basis for the complaint occurred, but the review shows that such acts were proper. 4. Unfounded: where the review shows that the act or acts complained of did not occur or were misconstrued. 5. Ineffective Policy or Training: where the matter does not involve guilt or lack Material in strikethrough to be deleted. New material is underlined. thereof, but rather ineffective departmental policy or training to address the situation. 6. No Finding: where, for example, the complainant failed to produce information to further the investigation; or where the investigation revealed that another agency was responsible and the complaint or complainant has been referred to that agency; or where the complainant withdrew the complaint; or where the complainant is unavailable to clarify the complaint. B. If the CPRB fails to render a finding referenced above within 60 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter, unless the CPRB shall advise the Chief, the complainant and the affected officer in writing of the reason for the delay in rendering its finding. In such case, the CPRB shall provide the Chief, the complainant and the affected officer with monthly updates on the status of the complaint. In any event, if the CPRB fails to render a finding referenced above within 120 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter. § 42-3456 Final determination. At the conclusion of its review, the CPRB shall make its finding known to the Chief, the affected officer and the complainant within 30 days. The Chief of Police shall review the Department's preliminary report in light of the CPRB's finding and then make the Department's final determination known to the CPRB, the affected officer and the complainant. In the event that the Department's final determination is inconsistent with the CPRB's finding, the CPRB may request that the Chief provide a written explanation of the Department's final determination. § 42-3467 Mediation process. A. A mediation process shall be established and coordinated by the Administrative Agency APD and CPRB in accordance with this section and Part 3 of this chapter. B. APD and the CPRB shall designate an individual to serve as the Mediation Coordinator, who shall receive training as a mediator. BC. Mediation shall be conducted at no cost to the complainant or officer by highly trained and experienced mediators selected from a list compiled by the Administrative Agency Mediation Coordinators and approved by the Common Council and the Mayor. The Administrative Agency Mediation Coordinators, the Common Council, and the Mayor shall endeavor to reflect community diversity in this list of mediators. The Administrative Agency Mediation Coordinators shall develop an appropriate training curriculum which each mediator shall be required to complete. Each mediator shall be a graduate of the Albany Police Department's Community Police Academy. In addition, the Administrative Agency Mediation Coordinators shall provide to the mediators, and the mediators shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer. Material in strikethrough to be deleted. New material is underlined. CD. Upon receipt of complaint, unless the case involves an allegation of excessive force, an alleged violation of civil rights or an allegation of criminal conduct against an officer, or the complaint is a result of an incident that involves an arrest, or if there was an injury to either party, or if there was property damage by an officer, the complaint will be considered appropriate for mediation. DE. An eligible complaint shall be reviewed for potential recommendation for mediation by the Board and by the Chief or his designee. Five members of the Board will be contacted by the Administrative Agency APD and a decision made as to appropriateness for mediation by a majority of those five members. A decision regarding mediation shall be made within two business days by both the Board and the Chief. If either the Board or the Chief finds a complaint inappropriate for mediation, then the matter shall be referred to OPS for investigation consistent with this article. EF. If the Board and the Chief recommend a complaint for mediation, both the complainant and the officer will have the option of electing to continue with the mediation process. If either party declines mediation, then the matter shall be referred to OPS for investigation consistent with this article. FG. If the parties agree to mediate, then the complaint will not be investigated by the Police Department regardless of the outcome of the mediation. GH. If the parties agree to mediate, the process shall follow the mediation protocols adopted by the Board. HI. Every reasonable effort shall be made to schedule mediation during an officer's normal working hours. IJ. Mediators shall conduct mediation sessions with officers and complainants at times and places agreed upon by the parties. JK. In conducting the mediation, the mediators may not impose an outcome on the parties. KL. Mediation sessions shall be closed to the public. Matters discussed shall be confidential. LM. Statements and records disclosed during mediation may not be disclosed or introduced in evidence during any judicial or administrative proceeding, and mediators may not be compelled by a subpoena to give testimony or produce anything related to the mediation. MN. Upon the completion of the mediation process, the CPRB shall issue a finding of "Mediated," and the allegations shall be deleted from the officer's CPRB history. § 42-3478 Meetings. A. The CPRB shall hold its first meeting within 30 days after a quorum of its members has Material in strikethrough to be deleted. New material is underlined. completed the orientation program. At that meeting, the CPRB shall fix the time and place for its regularly scheduled meetings. B. The CPRB may conduct both public and closed meetings as allowed or required by the Open Meetings Law. C. The Chief shall designate a representative from Professional Standards to attend meetings of the CPRB and to provide information and advice to the CPRB. The representative shall not be viewed as a member of the CPRB. D. Officers and complainants may attend meetings of the CPRB. E. The Administrative Agency shall provide all staff services to the CPRB, including the maintenance of CPRB files and records. Furthermore, the Administrative Agency shall be responsible for the preparation of CPRB reports and review findings and recommendations referenced in this Part. § 42-3489 Suspension of proceedings. Upon the written recommendation of the Corporation Counsel, the Common Council and the Mayor concurrently may suspend the CPRB review of any complaint where a separate criminal investigation is underway or where a civil action against the City is underway or pending. Upon the conclusion of such separate proceedings, the CPRB may resume or undertake its review § 42-34950 Information sharing. The CPRB shall forward, in writing, to the Chief any new case-specific information it obtains during the course of an investigation concerning an incident or practice subject to a complaint. Similarly, during the course of a CPRB review, the Chief shall forward to the CPRB, in writing, any new case-specific information the Chief obtains after the conclusion of the Professional Standards investigation and the submission of the Department's preliminary report to the CPRB referenced in § 42-3434 of this Part concerning an incident or police practice subject to a complaint. § 42-3501 Community outreach. The CPRB, with the assistance of the Administrative Agency, shall inform the public about the CPRB and its duties. It shall develop and administer an ongoing program for the education of the public as to the mission and purposes of the CPRB process and the law established by this Part, which shall include the use of informational pamphlets and seminars. § 42-350.1 Retention of Administrative Agency. In consultation with the CPRB and the Common Council, the Administrative Agency shall be retained pursuant to a request for qualifications (RFQ), periodically issued by the Corporation Counsel, to undertake the administrative functions of such agency as set forth in this Part 33. Such agency shall have the capacity to undertake legal and other research as necessary, development of administrative procedures, and statistical and report compilation in addition to such other functions set forth in this Part. Material in strikethrough to be deleted. New material is underlined. § 42-3512 Construction of Part. The purposes of this Part favor resolution of ambiguity toward the goal of promoting public documentation and openness in the resolution of complaints of misconduct by police officers. This Part shall be deemed to supersede and repeal any and all provisions of local laws or local administrative orders which are inconsistent or conflict with any provisions of this Part. No report, finding or determination made pursuant to this Part shall in any way conflict with or abridge the rights of complainants or officers guaranteed by the United States Constitution, the New York State Constitution or any federal or state law, rule, regulation or administrative order. § 42-3523 Severability. If any clause, sentence, paragraph, sections or part of this Part shall be adjudged by any court of competent jurisdiction to be invalid or otherwise unenforceable, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, sections or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. APPROVED AS TO FORM THIS 3RD DAY OF APRIL, 2024 _________________________________ Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: April 3, 2024 Sponsor: Council Members Robinson, Hoey, and Romero LOCAL LAW D OF 2024 TITLE A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BRINGING THE CPRB INTO THE CITY GENERAL PURPOSE OF LEGISLATION To separate the CPRB from an administrative agency and bring it into the city. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW At the end of 2024, the CPRB’s contract with the Government Law Center at Albany law School will end. Currently, the operation of the CPRB is required by law to be dependent on the existence of an administrative agency such as the Government Law Center. This legislation will permit the CPRB to operate independently, as a part of the City, without the assistance of an external administrative agency. FISCAL IMPACT None. Council Member Balarin, on behalf of the Committee on Planning, Economic Development, and Land Use, introduced the following: ORDINANCE 10.42.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Special Residential Mixed-Use Purpose Use-Specific MU-FW Zoning District Standard in 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 Article III LAND USE CATEGORY COMMERCIAL USES Office and Services Beauty salon, spa or § 375- P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] P P barbershop 303(4)(d)(i) § 375- Blood plasma center[9] C C C C 303(4)(d)(ii) Commercial food P[4] P[5] P P P P P P P P P P § 375- preparation 303(4)(d)(iii) § 375- 303(4)(d)(iii) Funeral home C C P C P § 375- 303(4)(d)(iv) § 375- Laboratory or research C C C C C C C C[6] P P 303(4)(d)(iv) facility § 375- 303(4)(d)(v) § 375- 303(4)(d)(v) Medical clinic P P P P P P P P[6][7] P A § 375- 303(4)(d)(vi) § 375- C[1] C[1] C[1] C[4] P[5] P[6][7] 303(4)(d)(vi) Office, general P P P P P P P P A § 375- 303(4)(d)(vii) 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 Special Residential Mixed-Use Purpose Use-Specific MU-FW Zoning District Standard in 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 Article III LAND USE CATEGORY § 375- Personal or business [1] [1] [1] [5] [6][7] 303(4)(d)(vii) C C C C P P P P P P P P P P P service § 375- 303(4)(d)(viii) § 375- P[1] P[1] P[1] C[4] P[5] P[6][7] 303(4)(d)(viii) Professional office P P P P P P P P A § 375- 303(4)(d)(ix) § 375- 303(4)(d)(ix) Trade school C P P P P P P P P[6][7] P P § 375- 303(4)(d)(x) Section 2. Paragraph (d) (Office and services) of subsection (4) (Commercial Uses) of section 375-303 (Use-specific standards) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended by adding a new subparagraph (x) (Commercial food preparation) to read as follows: (x) Commercial food preparation. A. Where this use occupies a shopfront space in the MU-NE, MU-NC, MU-CU, MU- DT, MU-FC, MU-FS or MU-FM districts, it must contain a food service or retail component for on-site sales. Section 3. Section 375-602 (Definitions) of Article VI (Rules of Construction; Definitions) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows, with the new definition to be inserted into the section in its alphabetically appropriate place: COMMERCIAL FOOD PREPARATION: A facility in which food is processed or otherwise prepared, primarily for off-site consumption and/or sales. Facilities may be shared among various food processors, producers, or preparers. Uses may include, but are not limited to: commissary kitchen, ghost kitchen, cloud kitchen and catering. DISPATCH SERVICE A building or a portion of a building from which vehicles are dispatched to perform services, including, but not limited to, couriers, deliveries, security services, locksmiths, caterers, and taxis. Material in strikethrough to be deleted. Matter underlined is new material. SHOPFRONT A room or set of rooms, making up a nonresidential tenant space, and collectively facing the street on the ground floor of a commercial or mixed-use building that includes a high percentage of transparent windows to create visual interest from the adjacent public sidewalk. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 4TH DAY OF APRIL, 2024 ________________________________ Corporation Counsel Material in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: April 4, 2024 Sponsor: Council Member Balarin on behalf of Planning Committee ORDINANCE 10.42.24 TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION GENERAL PURPOSE OF LEGISLATION The USDO contains certain ambiguities as to how commissary kitchen, ghost kitchen, cloud kitchen and catering and other businesses primarily engaged in the commercial preparation of food should be classified and regulated. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW The Planning Department received an inquiry for such use and upon review determined that the use is not adequately addressed by the current provisions within the USDO. FISCAL IMPACTS None. Material in strikethrough to be deleted. Matter underlined is new material. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 37.42.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY, AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO CERTAIN CAPITAL PROJECTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE CITY IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY WHEREAS, the Albany Municipal Water Finance Authority (the “Authority”) is undertaking certain capital projects consisting of various water and sewer system improvements (collectively, the “Projects”), as described in Schedule A, attached hereto; and WHEREAS, the Authority has, by supplemental bond resolutions, adopted on September 1, 2022, March 23, 2023, and June 29, 2023 (collectively, the “Bond Resolutions”) authorized the issuance of bonds and notes (collectively, the “Obligations”) by the Authority to finance the Projects; and WHEREAS, pursuant to section 1115-h (1) of the Public Authorities Law of the State of New York (the “Act”), the Albany Water Board (the “Board”), the City of Albany (the “City”), and the Authority have entered into an agreement dated as of October 1, 1987 (the “Financing Agreement”) for the purposes of providing for the construction and financing of certain projects described in Appendix A to the Financing Agreement; and WHEREAS, in connection with the financing of the Projects by the Authority, it is necessary that the City, the Board, and the Authority enter into an amendment of the Financing Agreement to add the description of the Projects to the list of projects to be financed; and WHEREAS, any potential environmental impacts of the undertaking of the Projects have been previously addressed by the Board by resolutions dated September 1, 2022, March 23, 2023, and June 29, 2023 or by the Authority, pursuant to a Consent Order entered into with the New York State Department of environmental Conservation, and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQR”) is required; and WHEREAS, the Board convened a public hearing pursuant to the requirement of section 1115-h (4) and section 1115-h (6) of the Act on March 11, 2024, with notice of such hearing having been duly published pursuant to the Act, and such users of the System (as defined in the Financing Agreement) in attendance wishing to be heard were heard at that time; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Albany as follows: Material in strikethrough to be deleted. Matter underlined is new material. 1. The Financing Agreement is hereby authorized to be amended to add the Projects described on Schedule A to this Resolution. 2. The members and officers of the City are hereby authorized and directed for and in the name and on behalf of the City to do all acts and things required and to execute and deliver all such additional certificates and instruments and to do all such further acts and things as may be necessary or in the opinion of the member or officer acting, desirable and proper to effect the purposes of the foregoing Resolution, and the issuance of the bonds, notes or other Obligations of the Authority in furtherance of the Projects contemplated by the amendment of the Financing Agreement is hereby approved. 3. This resolution shall take effect immediately. Material in strikethrough to be deleted. Matter underlined is new material. SCHEDULE A DESCRIPTION OF THE PROJECTS Project Name Summary Project Description 1.) Sewer Collection System The Project consists of the following: truck sewer improvements, replacements of brick and slate sewers, collection sewer lining, improvements to CSO tide gates, sewage pump station improvements, I&I reduction, maximizing flow to the WWTP, and diversion of storm water from combined sewer, as described in an Engineering Report for the Sewer Collection System Comprehensive Plan prepared by the City of Albany Department of Water and Water Supply, and dated June 16, 2023. 2.) Lead Pipe Service Line The Project consists of an inventory of the lead pipe service Inventory lines in the City of Albany, as described in an Engineering Report prepared for the Lead Service Line Inventory Project by the City of Albany Department of Water and Water Supply, and dated June 16, 2023. 3.) Rensselaer Lake Dam The Project consists of the undertaking of safety Safety improvements to the Rensselaer Lake Dam, as described in Improvements an Engineering Report prepared by Schnabel Engineering and dated January 17, 2023. 4.) Basic Creek Reservoir Dam The Project consists of the undertaking of dam safety Safety improvements at the Basic Creek Reservoir, as described in Improvements an Engineering Report prepared by Schnabel Engineering and dated June 15, 2022. 5.) Water Main Improvements The Project consists of the undertaking of water main improvements in the City of Albany, as described in an Engineering Report prepared by the City of Albany Department of Water & Water Supply. 6.) Thurlow Terrace Storm The Albany Water Board (AWB; "Applicant") owns and Water operates water filtration plants, water and storm water Sewer Separation infrastructure, sewer collection systems, local water supply reservoirs, and surrounding lands for the City of Albany in Albany County, New York. During wet weather events the combined sewer and storm water system within the Beaver Creek Sewershed contributes to capacity limitations, areal flooding, and combined sewer discharges into the Hudson River. In conjunction with The University at Albany, State University of New York ("UAlbany"), the AWB proposes to Material in strikethrough to be deleted. Matter underlined is new material. mitigate capacity limitations on this portion of sewer and improve discharge water quality by separating storm runoff within the Beaver Creek Sewershed into a new storm line that discharges to Washington Park Lake. The new storm sewer will replace an existing smaller storm sewer to the lake that serves a smaller drainage area. The Applicant is currently under a consent order from the New York State Department of Environmental Conservation to improve the quality of discharge waters entering the Hudson River and is undertaking several other large-scale improvement projects to their system towards achieving this goal. 7.) Lead Pipe Service The Project consists of full lead pipe service replacements to Replacement entire street segments in the City of Albany, as more fully described, including the neighborhoods to be serviced, in an Engineer’s Report entitled “Reduction in Lead Exposure via Drinking Water” prepared by CPL and dated August 31, 2022. Material in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Brett Williams, Esq., Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 5, 2024 Sponsor: Council Member Frederick on behalf of the Finance Committee RESOLUTION 37.42.24R TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY, AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO CERTAIN CAPITAL PROJECTS AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE CITY IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY GENERAL PURPOSE OF LEGISLATION Section 2.1 of the Financing Agreement provides that upon the decision by the Authority and the Board to undertake additional capital projects (the “Additional Projects”), and the determination by the Authority to finance the Additional Projects by the issuance of obligations by the Authority, the Financing Agreement must be amended to include the Additional Projects. As a party to the financing agreement, the City must approve such amendments. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The financing Agreement between the City, the Water Finance Authority, and the Water Department can only be amended by consent of all three parties, and the City expresses its consent for such amendment via Common Council resolution. FISCAL IMPACT(S) None for the City directly, since the resolution merely permits the Water Finance Authority to bond for certain projects it intends to undertake. The Water Department and its Boards’ budgets are independent from the City budget; they are funded by rate payers. Material in strikethrough to be deleted. Matter underlined is new material. Council Member Frederick, on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION 38.42.24R 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 WHEREAS, section 604 (D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total, occurring after the adoption of the annual budget, requires the approval of the Common Council; and WHEREAS, the City has recently been awarded two grants: (1) $1.8 million from the US Department of Housing and Urban Development (HUD) for the period of 3/1/2024 through 9/30/2027 for the Healthy Homes Program; and (2) $0.6 million from the NYS Department of Homes and Community Renewal (DHCR) for the period of 3/1/2024 through 9/30/2026 for the HOME Program; and WHEREAS, the Department of Neighborhood Services has requested a change in the authorized positons included in the 2024 City Budget for the Department in order to effectuate these grant programs; and WHEREAS, the Department of Engineering has requested a change in the authorized positons included in the 2024 City Budget for the Department; and WHEREAS, the Department of Treasury no longer requires the level of staffing included in the 2024 City Budget for the Department; and WHEREAS, in furtherance of these requests, the Budget Director has requested that the amendments reflected in the subsequent chart to the authorized positions included in the 2024 City Budget be made; and Action Title Budget Line Grade Range Create Rehabilitation Specialist II A.6410.Positions W.5 47,300 – 71,000 Delete Tax Specialist A.1325.Positions W.8 63,000 – 94,500 Create Financial Analyst A.1440.Positions W.4 43,000 – 64,500 Delete Project Manager A.1440.Positions W.7 57,200 – 85,800 Create Sr. Project Manager A.1440.Positions W.10 76,200 – 114,300 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of budgeted funds affecting a salary rate or salary total in order to effectuate the change in City staffing for 2024. Material in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: March 26, 2024 Sponsor: Council Member Frederick, on behalf of the Finance Committee RESOLUTION 38.42.24R TITLE 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 GENERAL PURPOSE OF LEGISLATION The purpose of the legislation is to add the necessary staffing to implement the purposes of the recently awarded grant funding from the Federal and State Governments, and to provide the Department of Engineering with an administrative staff position. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to section 604 (D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council. FISCAL IMPACT Increased personal service expenditures in the amount of $72,000.00, as well as increased federal and state aid in an equal amount. Material in strikethrough to be deleted. Matter underlined is new material. Council Member Johnson, with the support of Council President Ellis, introduced the following: RESOLUTION 39.42.24R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING THE CONTRIBUTIONS OF ANNE M. POPE TO THE CITY OF ALBANY AND RENAMING A PORTION OF SECOND AVENUE AND GRANDVIEW TERRACE IN HER HONOR WHEREAS, Anne Pope is a longstanding pioneer for social justice, fairness, equality, and education in the Albany community; and WHEREAS, the oldest of 14 children, Anne was raised in Shubuta, Mississippi before migrating to Albany in 1961 with her two small children in hopes of leaving behind the racism she was all too familiar with in the segregated South; and WHEREAS, upon arriving in Albany, Anne and her children stayed with her aunt at her South End residence and although it was a warm, welcoming environment, she quickly saw that the treatment of African-Americans was only slightly different than what she had previously experienced; and WHEREAS, one of Anne’s first memories in Albany was refusing to participate in vote buying; her Ward Leader would attempt to secure votes by offering five dollars for each vote she delivered, but still Anne would not budge; and WHEREAS, Anne has always stressed the importance of voting and can be heard insisting that “your vote is your voice”; and WHEREAS, Anne united with the Union Missionary Baptist Church where she served on numerous committees and ministries, with the longest position being the director of Christian Education; and WHEREAS, during her early years in Albany, Anne got involved in the Albany NAACP, at the suggestion of Roger Foskey, and soon became the branch secretary; and WHEREAS, after working under several Albany NAACP presidents, Anne eventually stepped into the role herself and served as president for 20 years; and WHEREAS, under her leadership, the Albany NAACP addressed issues and initiatives such as equal access to housing, affirmative action, monitoring hiring practices in local and state government, legal justice, environmental justice, equitable education for all students, annual scholarships for college students, youth council, and the ACT-SO Achievement Program; and WHEREAS, if Anne saw areas of injustice – whether a city, county, educational, or police matter – she and her committee members were dedicated to calling it out and addressing the issue at hand; and Material in strikethrough to be deleted. Matter underlined is new material. WHEREAS, following her departure from serving as president of the Albany branch of the NAACP, Anne went on to become the Northeast Regional Director for the organization, overseeing the Albany, Schenectady, Troy, and Glens Falls branches for nearly 20 years until she stepped down in December 2022; and WHEREAS, Anne also served on the Advisory Board for the Martin Luther King Jr. and Coretta Scott King Lecture Series on Race and Nonviolent Social Change at Siena College, most recently as the Vice Chair, for over 20 years before stepping down in December 2022; and WHEREAS, Anne continues to be a fierce advocate and trailblazer for the Albany community, carrying on the work of those that came before her and inspiring the next generation of civic leaders; and NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany thanks Anne Pope for her lifelong commitment to service in the Capital Region by renaming the portion of Second Avenue intersected by Grandview Terrace as well as the portion of Grandview Terrace north of Second Avenue – along the corridor where she has stood as a pillar of the community for many years – in her honor; and BE IT FURTHER RESOLVED, that the Common Council directs that two signs shall be produced reading “Anne Pope Way” which shall be placed in consultation with the Division of Traffic Engineering. Material in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Juliette Geraghty, Junior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: April 1, 2024 Sponsor: Council Member Johnson, with the support of Council President Ellis RESOLUTION 39.42.24R TITLE A RESOLUTION OF THE COMMON COUNCIL CELEBRATING THE CONTRIBUTIONS OF ANNE M. POPE TO THE CITY OF ALBANY AND RENAMING A PORTION OF SECOND AVENUE AND GRANDVIEW TERRANCE IN HER HONOR GENERAL PURPOSE OF LEGISLATION This resolution officially recognizes the contributions to the City of Albany made by Anne Pope and directs the creation of honorary street signs at the proposed locations. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Per Code § 323-63.2 (B), the Council shall effectuate honorary street renamings “through the adoption of a resolution of the Common Council.” Since Ms. Pope is still living, this resolution must, per Code § 323-63.2, pass unanimously. FISCAL IMPACT None. MAP OF PROPOSED HONORARY STREET SIGNS Council Member Anane introduced the following: Resolution Number 40.42.24R A RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 22, 2024 TO BE EARTH DAY IN THE CITY OF ALBANY AND COMMEMORATING THE 54TH ANNIVERSARY OF EARTH DAY WHEREAS, Earth Day was first celebrated on April 22, 1970, when United States Senator Gaylord Nelson called on the people of the United States to hold elected officials accountable for failing to adequately protect the natural environment; and WHEREAS, after witnessing years of environmental neglect and mistreatment, Americans have gathered in cities across the nation each April 22nd to demand basic protections for our planet and have made a commitment to leave behind a healthier, more vibrant world for generations to come; and WHEREAS, Earth Day has spurred legislative and grassroots activity aimed at changing the way we interact with the environment, including the creation of the Environmental Protection Agency and the passage of the Clean Water Act, the Clean Air Act, and the Endangered Species Act; and WHEREAS, Earth Day serves as a reminder for people to engage in projects and initiatives to protect and restore the planet by doing such things as planting trees, removing litter, cleaning local parks, conserving water and energy, along with other environmentally responsible actions – the same mission Earth Day has had for more than fifty years; and WHEREAS, new and continuing challenges, including climate change, polluted oceans and waterways, and loss of forests, wetlands, and other habitats, reinforce the need for adequate protections for the air we breathe, the water we drink, the land we inhabit and the animals with which we coexist; and WHEREAS, Earth Day serves to reaffirm our personal responsibility as citizens of Earth to partake in a global effort to combat climate change and protect our plant; and WHEREAS, Earth Day encourages a need for greater environmental and climate literacy to not only strengthen environmental and climate protections but to also accelerate the development of green technologies and the creation of green jobs; NOW, THEREFORE BE IT RESOLVED, that the Albany Common Council hereby declares April 22, 2024 to be Earth Day in the City of Albany and calls upon the citizens of this great city to engage in environmentally responsible behaviors on a daily basis; and BE IT FURTHER RESOLVED, that the Common Council of the City of Albany, renews its commitment to reduce waste, increase the use of green technologies throughout the City and ensure that the environmental impact of legislative action is always a top concern and priority. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Re: Request for Common Council Legislation Supporting Memorandum Date: March 20, 2024 Sponsor: Anane RESOLUTION NUMBER 40.42.24R TITLE A RESOLUTION OF THE COMMON COUNCIL DECLARING APRIL 22, 2024 TO BE EARTH DAY IN THE CITY OF ALBANY AND COMMEMORATING THE 54TH ANNIVERSARY GENERAL PURPOSE OF LEGISLATION To declare April 22, 2024 Earth Day in the City of Albany, commemorate the 54th Anniversary, and to encourage citizens of Albany to be environmentally conscious on a daily basis. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW See above. FISCAL IMPACT(S) N/A COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION APRIL 15, 2024 RESOLUTIONS 29.32.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE SOUTH WATERFRONT DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION 30.32.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE NORTH WAREHOUSE DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION Council Member Johnson introduced the following: RESOLUTION 29.32.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE SOUTH WATERFRONT DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION WHEREAS, the South Waterfront District Step 2 Brownfield Opportunity Area Study encompasses an approximately 24-acre area centered on Broadway between the South End neighborhood and the Hudson River; with 8 brownfield/ underutilized sites identified in Albany’s 2030 Comprehensive Plan (2011). WHEREAS, a “Brownfield” is a neighborhood or area within a community negatively affected by real or perceived environmental conditions. These properties often are underutilized because the contamination (or perception thereof) has impeded investment & redevelopment, making them an economic and aesthetic drain on localities. WHEREAS, the intent of the Department of State’s Program Brownfield Opportunity Area (BOA) Program is to fund the assessment of community redevelopment opportunities, posed by a concentration of brownfields. WHEREAS, the City of Albany was awarded a grant administered through the New York State Department of State (NYSDOS) for the preparation of a Brownfield Opportunity Area Nomination Study for both the South Waterfront District Step 2 Brownfield Opportunity Area Study in 2018. WHEREAS, the area is an active truck route connecting I-787 to South Albany and is isolated from its surroundings by transportation infrastructure. Public access to the river is very limited. The study area has several vacant and underutilized sites including eight brownfields with the potential to be redeveloped for commercial use and/or waterfront recreation. WHEREAS, the study took an area-wide approach to the assessment and redevelopment of brownfields and other vacant or abandoned properties. The outcome of the BOA program is a community supported revitalization plan and implementation strategy to return unproductive land back to use and rejuvenate the surrounding area in the South Waterfront District, a historic waterfront industrial district characterized by large brick and metal warehouse structures, and contains a mix of commercial properties, public and private water-related uses along the shoreline, and Island Creek Park. WHEREAS, once an Official BOA Designation is made developers participating in the voluntary Brownfield Cleanup Program can receive a tax credit “bump-up” to redevelop designated BOA sites in a manner that is consistent with the community’s vision and plan. Designated BOAs also receive priority consideration for some state grant programs to implement the community’s vision outlined in the BOA Nomination Study. When brownfield sites are remediated and redeveloped, this can increase nearby property values and the local tax base, ameliorate public health risks and environmental justice concerns, and spur additional investment in a community. WHEREAS, the study builds off the vision and goals of the Albany 2030 Comprehensive Plan. It also complements related local strategies in and near the study area including the City of Albany Local Waterfront Revitalization Program (2023 update), the City of Albany Bike and Pedestrian Master Plan (2021), the Hudson River Shoreline Stabilization Study (2021), the City of Albany Unified Sustainable Development Ordinance (USDO) (2021), and the Downtown Albany Strategic Investment Plan (Downtown Revitalization Initiative)(2019). NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby approve and endorse the City in nominating the South Waterfront District - Step 2 Brownfield Opportunity Area (BOA) Plan to the New York State Department of State for official designation as a Brownfield Opportunity Area. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 7, 2024 Sponsor: Johnson RESOLUTION 29.32.24R TITLE A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE SOUTH WATERFRONT DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION GENERAL PURPOSE OF LEGISLATION The City of Albany is requesting Common Council support for nominating a Brownfield Opportunity Area (BOA) Program plan to the New York State Department of State to achieve a designation of a brownfield opportunity area. Successful designation of the BOA will make available additional brownfield tax credits for eligible projects and give project grant or financing applications priority and preference from state, federal, and local agencies as allowed by law. Potential stakeholders and all other information will be included in the attached BOA Nomination document. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Brownfield Opportunity Area Nomination process requires a public hearing regarding a planned designation for the purpose of accepting public comment on the draft Nomination Study and the City's intent to request official designation as a Brownfield Opportunity Area. Copies of the BOA Nomination document are available for review on the Project website (City of Albany WAVES (albanynywaves.com)) and physical copies can be provided by request to the Department of Planning and Development by contacting Planning Staff by email (dpd@albanyny.gov) or phone (518-694-3986). FISCAL IMPACT(S) None. Council Member Kimbrough introduced the following: RESOLUTION 30.32.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE NORTH WAREHOUSE DISTRICT - STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION WHEREAS, the North Warehouse District Step 2 Brownfield Opportunity Area Study, .as identified in Albany’s 2030 Comprehensive Plan (2011), is an approximately 183-acre area bordered by I-787 and the Hudson River to the east, Downtown Albany to the south, the Arbor Hill and Ten Broeck Triangle neighborhoods to the west, and the North Albany-Shaker Park neighborhood to the north. It includes a portion of the Patroon Creek tributary, the Hudson River shoreline, and the former entrance of the Erie Canal; and WHEREAS, a “Brownfield” is a neighborhood or area within a community negatively affected by real or perceived environmental conditions. These properties often are underutilized because the contamination (or perception thereof) has impeded investment & redevelopment, making them an economic and aesthetic drain on localities; and WHEREAS, the intent of the Department of State’s Program Brownfield Opportunity Area (BOA) Program is to fund the assessment of community redevelopment opportunities, posed by a concentration of brownfields; and WHEREAS, the City of Albany was awarded a grant administered through the New York State Department of State (NYSDOS) for the preparation of a Brownfield Opportunity Area Nomination Study for both the North Warehouse District Step 2 Brownfield Opportunity Area Study in 2018; and WHEREAS, the area includes major transportation infrastructure including the Canadian Pacific and CSX railroads, and I-787 and I-90, which separate the district from its waterfront and adjacent neighborhoods. It includes a portion of the Patroon Creek tributary, the Hudson River shoreline, and the former entrance of the Erie Canal; and WHEREAS, the study took an area-wide approach to the assessment and redevelopment of brownfields and other vacant or abandoned properties. The outcome of the BOA program is a community supported revitalization plan and implementation strategy to return unproductive land back to use and rejuvenate the surrounding area in the North Warehouse District, a historic waterfront industrial district characterized by large brick and metal warehouse structures, and contains a mix of commercial properties, public and private water-related uses along the shoreline, and Island Creek Park; and WHEREAS, once an Official BOA Designation is made developers participating in the voluntary Brownfield Cleanup Program can receive a tax credit “bump-up” to redevelop designated BOA sites in a manner that is consistent with the community’s vision and plan. Designated BOAs also receive priority consideration for some state grant programs to implement the community’s vision outlined in the BOA Nomination Study. When brownfield sites are remediated and redeveloped, this can increase nearby property values and the local tax base, ameliorate public health risks and environmental justice concerns, and spur additional investment in a community; and WHEREAS, the study builds off the vision and goals of the Albany 2030 Comprehensive Plan. It also complements related local strategies in and near the study area including the City of Albany Local Waterfront Revitalization Program (2023 update), the City of Albany Bike and Pedestrian Master Plan (2021), the Hudson River Shoreline Stabilization Study (2021), the City of Albany Unified Sustainable Development Ordinance (USDO) (2021), and the Downtown Albany Strategic Investment Plan (Downtown Revitalization Initiative)(2019); NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby approve and endorse the City of Albany's nomination of the North Warehouse District - Step 2 Brownfield Opportunity Area (Boa) Plan to the New York State Department of State for official designation as a Brownfield Opportunity Area. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 7, 2024 Sponsor: Kimbrough RESOLUTION 30.32.24R TITLE A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS NOMINATION OF THE NORTH WAREHOUSE DISTRICT STEP 2 BROWNFIELD OPPORTUNITY AREA (BOA) PLAN TO THE NEW YORK STATE DEPARTMENT OF STATE FOR OFFICIAL DESIGNATION GENERAL PURPOSE OF LEGISLATION The City of Albany is requesting Common Council support for nominating a Brownfield Opportunity Area (BOA) Program plan to the New York State Department of State to achieve a designation of a brownfield opportunity area. Successful designation of the BOA will make available additional brownfield tax credits for eligible projects and give project grant or financing applications priority and preference from state, federal, and local agencies as allowed by law. Potential stakeholders and all other information will be included in the attached BOA Nomination document. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Brownfield Opportunity Area Nomination process requires a public hearing regarding a planned designation for the purpose of accepting public comment on the draft Nomination Study and the City's intent to request official designation as a Brownfield Opportunity Area. Copies of the BOA Nomination document are available for review on the Project website (City of Albany WAVES (albanynywaves.com)) and physical copies can be provided by request to the Department of Planning and Development by contacting Planning Staff by email (dpd@albanyny.gov) or phone (518-694-3986). FISCAL IMPACT(S) None.