1. Active Calendar 1.I. Common Council Agenda May 3, 2021 Documents: 21 AGENDA 0503.PDF 1.I.i. 21 Agenda 0503 Amended Documents: 21 AGENDA 0503 AMENDED.PDF 1.II. Active Calendar May 3, 2021 Documents: ACTIVE CALENDAR MAY 3 2021.PDF 2. Supporting Legislation 2.I. Supporting Legislation May 3, 2021 Documents: SUPPORT LEGISLATION MAY 3 2021.PDF 2.II. Suppoprt Legislation May 3, 2021 Documents: SUPPORT LEGISLATION MAY 3, 2021 AMENDED.PDF 3. Minutes 3.I. May 3, 2021 Common Council Meeting Minutes Documents: 21 MINUTES 0503.PDF 4. Majority Consent (MC) 5. Supporting Document 6. Public Comment AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, May 3, 2021 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 following Governor Cuomo’s Executive Order 202.1. If executive order 202.1 expires before the meeting, this will be an in-person meeting in City Hall, please check our website and Facebook for updates. It will be live-streamed on Facebook using Zoom as the meeting platform. 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. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting 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 The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/201 LOCAL LAWS INTRODUCED LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics 3. Doesschate, Conti, Farrell, Frederick, and Hoey LOCAL LAW C – 2021 As Amended A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS 4. Anane LOCAL LAW D - 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE * Referred to Finances, Assessment, & Taxation Committee 5. Balarin LOCAL LAW F-2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS * Referred to Law, Buildings, and Code Enforcement Committee* 6. Conti LOCAL LAW G -2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES * Referred to Law, Buildings, and Code Enforcement Committee* 7. Anane LOCAL LAW H-2021 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE * Referred to Law, Buildings, and Code Enforcement Committee* 8. Fahey LOCAL LAW I -2021 LOCAL LAW REPEALING PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING RESIDENCY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS * Referred to Law, Buildings, and Code Enforcement Committee* 9. Parks, Recreation and Family Services LOCAL LAW K – 2021 A LOCAL LAW AMENDING ARTICLE I (PUBLIC GROUNDS DESIGNATED AS PARKS; GOVERNMENT AND CARE OF PARKS AND PARKWAYS) OF CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ALIENATION OF CERTAIN PARKLAND WITHIN LINCOLN PARK, DISCONTINUANCE OF A RIGHT OF WAY, AND DEDICATION OF REPLACEMENT PARKLAND *Referred to Parks, Recreation and Family Services Committe ORDINANCES INTRODUCED 12.51.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 13.21.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” ORDINANCES HELD 1. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance Number 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance Number 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 5. Fahey Ordinance Number 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 6. Kimbrough Ordinance Number 11.61.20 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS *Referred to Planning, Economic Development and Land Use 7. Anane Ordinance Number 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Service, Health and Environment 8. Frederick Ordinance Number 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 9. Conti Ordinance Number 43.112.20 (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use 10. O’Brien Ordinance Number 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use 11. Planning Ordinance Number 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 12. Planning Ordinance Number 6.31.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 13. Planning Ordinance Number 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 14. Planning Ordinance Number 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 15. Planning Ordinance Number 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 16. Planning Ordinance Number 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 17. Kimbrough Ordinance Number 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) *Referred to Finance, Assessment, & Taxation Committee* RESOLUTIONS INTRODUCED 41.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) 42.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) 43.51.21R RESOLUTION OF THE COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNCIPAL SOLID WASTE 44.51.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR 45.51.21R RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 4. Anane Resolution Number 7.21.20R As Amended RESOLUTION DECLARING A CLIMATE EMERGENCY AND CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE 5. Conti Resolution Number 23.41.20R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 7606 AND ASSEMBLY BILL NO. 9114 ENTITLED: “AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT 6. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation 7. Kimbrough and Johnson with the Support of President Ellis Resolution Number 102.111.20R As Amended A RESOLUTION HONORING THE LIFE AND LEGACY OF EDWIN H. SPERBER AND NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY”” 8. Finance Resolution Number 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) *Referred to Finance, Assessment, & Taxation Committee 9. Finance Resolution Number 33.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF TWO FULL TIME POSITIONS AND THE CREATION OF TWO OTHERS, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (OFFICE OF THE TREASURER) *Referred to Finance, Assessment, & Taxation Committee 10. Finance Resolution Number 34.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (DEPARMENT OF BUILDINGS AND REGULATORY COMPLIANCE) *Referred to Finance, Assessment & Taxation Committee* 11. Anane Resolution Number 37.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY *Referred to Planning, Economic Development, and Land Use Committee 12. Fahey Resolution Number 38.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY *Referred to Planning, Economic Development, Land Use Committee* AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, May 3, 2021 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 following Governor Cuomo’s Executive Order 202.1. If executive order 202.1 expires before the meeting, this will be an in-person meeting in City Hall, please check our website and Facebook for updates. It will be live-streamed on Facebook using Zoom as the meeting platform. 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. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting 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 The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/201 LOCAL LAWS INTRODUCED LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics 3. Doesschate, Conti, Farrell, Frederick, and Hoey LOCAL LAW C – 2021 As Amended A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS 4. Anane LOCAL LAW D - 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE * Referred to Finances, Assessment, & Taxation Committee 5. Balarin LOCAL LAW F-2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS * Referred to Law, Buildings, and Code Enforcement Committee* 6. Conti LOCAL LAW G -2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES * Referred to Law, Buildings, and Code Enforcement Committee* 7. Anane LOCAL LAW H-2021 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE * Referred to Law, Buildings, and Code Enforcement Committee* 8. Fahey LOCAL LAW I -2021 LOCAL LAW REPEALING PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING RESIDENCY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS * Referred to Law, Buildings, and Code Enforcement Committee* 9. Parks, Recreation and Family Services LOCAL LAW K – 2021 A LOCAL LAW AMENDING ARTICLE I (PUBLIC GROUNDS DESIGNATED AS PARKS; GOVERNMENT AND CARE OF PARKS AND PARKWAYS) OF CHAPTER 251 (PARKS AND RECREATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ALIENATION OF CERTAIN PARKLAND WITHIN LINCOLN PARK, DISCONTINUANCE OF A RIGHT OF WAY, AND DEDICATION OF REPLACEMENT PARKLAND *Referred to Parks, Recreation and Family Services Committe ORDINANCES INTRODUCED 12.51.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 13.51.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” ORDINANCES HELD 1. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance Number 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance Number 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 5. Fahey Ordinance Number 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 6. Kimbrough Ordinance Number 11.61.20 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS *Referred to Planning, Economic Development and Land Use 7. Anane Ordinance Number 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Service, Health and Environment 8. Frederick Ordinance Number 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 9. Conti Ordinance Number 43.112.20 (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use 10. O’Brien Ordinance Number 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use 11. Planning Ordinance Number 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 12. Planning Ordinance Number 6.31.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 13. Planning Ordinance Number 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 14. Planning Ordinance Number 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 15. Planning Ordinance Number 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 16. Planning Ordinance Number 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 17. Kimbrough Ordinance Number 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) *Referred to Finance, Assessment, & Taxation Committee* RESOLUTIONS INTRODUCED 41.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) 42.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) 43.51.21R RESOLUTION OF THE COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNCIPAL SOLID WASTE 44.51.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR 45.51.21R RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 4. Anane Resolution Number 7.21.20R As Amended RESOLUTION DECLARING A CLIMATE EMERGENCY AND CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE 5. Conti Resolution Number 23.41.20R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 7606 AND ASSEMBLY BILL NO. 9114 ENTITLED: “AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT 6. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation 7. Kimbrough and Johnson with the Support of President Ellis Resolution Number 102.111.20R As Amended A RESOLUTION HONORING THE LIFE AND LEGACY OF EDWIN H. SPERBER AND NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY”” 8. Finance Resolution Number 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) *Referred to Finance, Assessment, & Taxation Committee 9. Finance Resolution Number 33.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF TWO FULL TIME POSITIONS AND THE CREATION OF TWO OTHERS, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (OFFICE OF THE TREASURER) *Referred to Finance, Assessment, & Taxation Committee 10. Finance Resolution Number 34.41.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT SALARY TOTALS FOR THE 2021 BUDGET (DEPARMENT OF BUILDINGS AND REGULATORY COMPLIANCE) *Referred to Finance, Assessment & Taxation Committee* 11. Anane Resolution Number 37.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY *Referred to Planning, Economic Development, and Land Use Committee 12. Fahey Resolution Number 38.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY *Referred to Planning, Economic Development, Land Use Committee* Page 1 of 2 Albany Common Council Active Calendar Meeting of Monday, May 3, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held (a) Local Law F 5 Balarin LOCAL LAW AMENDING of 2021 PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS Local Laws Held (a) Local Law G 6 Conti LOCAL LAW AMENDING of 2021 ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES Local Laws Held (a) Local Law H 7 Anane LOCAL LAW AMENDING of 2021 CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE Local Laws Held (a) Local Law I 8 Fahey LOCAL LAW REPEALING of 2021 PARTS 4 (RESIDENTIAL OCCUPANCY PERMIT) AND 5 (RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW PART 4 OF SUCH CHAPTER ENTITLED Page 2 of 2 “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING RESIDENCY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS Resolutions Introduced (b) 43.51.21R Frederick & RESOLUTION OF THE Johnson COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNCIPAL SOLID WASTE Resolutions Introduced (b) 45.51.21R Anane RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY Resolutions Held 102.111.20R 7 Kimbrough, Johnson A RESOLUTION HONORING As Amended and with the support THE LIFE AND LEGACY OF 04/21/2021 of Council President EDWIN H. SPERBER AND Ellis NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY”” Resolutions Held 7.21.20R As 4 Anane RESOLUTION DECLARING A Amended CLIMATE EMERGENCY AND 04/23/2021 CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE (a) Pending discussion at Law, Buildings and Code Enforcement Meeting on April 26, 2021 @ 5:30pm VIA ZOOM (b) Pending discussions at Caucus on April 28, 2021 @ 5:30PM VIA ZOOM (c) Pending discussion at Finance, Assessment & Taxation Committee Meeting on April 1, 2021 @ 5:30pm VIA ZOOM (04/23/2021) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION MAY 3, 2021 ORDINANCES 12.51.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 13.21.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” RESOLUTIONS 41.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) 42.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) 43.51.21R RESOLUTION OF THE COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNCIPAL SOLID WASTE 44.51.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR 45.51.21R RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY Council Member Robinson introduced the following: ORDINANCE 12.51.21R AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5- 16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.06± acre parcel at 256 Livingston Avenue (Tax Map Parcel Number 65.65-5-16), be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Brenda Robinson. SUBJECT to all easements, restrictions, and rights of way of record. Section 2. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.09± acre parcel at 258 Livingston Avenue (Tax Map Parcel Number 65.65-5-15), be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Brenda Robinson. SUBJECT to all easements, restrictions, and rights of way of record. Section 3. It is hereby determined that the aforesaid properties have been abandoned for municipal or public purposes. Section 4. The form, content, terms, and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for valuable consideration. Section 5. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 22ND DAY OF APRIL, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 22, 2021 SPONSOR Council Member Love ORDINANCE 12.51.21R TITLE AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 GENERAL PURPOSE OF LEGISLATION The adjacent property owner, Dr. Brenda Robinson, wishes to purchase these properties. No objections to the sales were raised at the April 22, 2021 Technical Review Committee meeting. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The sale of City-owned property requires Common Council approval. FISCAL IMPACT(S) No sale price has yet been determined. 256 Lancaster has a full market value of $2,248 according to the 2020 assessment roll and 258 Livingston has a full market value of $2,784. Council Member Fahey introduced the following: ORDINANCE 13.21.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to add a new Article VII, to be entitled “Small Cell Wireless Facilities in City Rights of Way,” to read as follows: § 323-100 Purpose and scope. A. The purpose of this Article is to establish uniform standards for the deployment and installation of Small Wireless Facilities in rights-of-way within the City’s jurisdiction, including, without limitation, to: (1) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; (2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; (3) Prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property; (4) Ensure that reasonable efforts are made to preserve the character of neighborhoods in which facilities are installed; (5) Protect against environmental damage, including damage to trees; and (6) Facilitate rapid deployment of Small Wireless Facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband, and emergency services to homes, businesses, schools, and other uses within the City. B. The City recognizes the importance of Small Wireless Facilities to provide high-quality communications and internet access to residents and businesses within the City. The City also recognizes its obligation to comply with applicable Federal and State laws regarding the placement of Small Wireless Facilities within the City's rights-of-way, including, without limitation, the federal Telecommunications Act, as codified at 47 U.S.C. §§ 253 and 332(c), and the federal Spectrum Act, as codified at 47 U.S.C. § 1455, and this Article shall be interpreted consistent with those provisions. C. To the extent that this Article may conflict with other sections of the Code of the City of Albany, this Article shall be controlling to the extent of such conflict. D. In establishing the rights, obligations, and conditions set forth in this Article, it is the intent of the City to treat each applicant and right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, while taking into account the unique technologies, situations, and legal status of each applicant or request for use of the right-of-way. § 323-101 Definitions. Aesthetic Standards Shall mean such standards as may be published from time to time by the CPO, as consistent with this Article, which shall set forth rules and regulations for the siting and construction of Small Wireless Facilities within the City ROW. Applicable Law or Law Shall mean all federal, state, and local laws, statutes, codes, ordinances, resolutions, orders, rules, and regulations. CPO Shall mean the Chief Planning Official of the City of Albany, as that term is defined in the City of Albany Unified Sustainable Development Ordinance. Collocate Shall mean to attach, install, mount, maintain, modify, operate, and/or place one or more Facilities on an existing support structure. Deployment Shall mean the construction, repair, replacement, maintenance, attachment, installation, removal, reattachment, reinstallation, relocation, and/or operation of Facilities within the City ROW. Equipment Shall mean the radios, antennas, transmitters, and other wireless transmission or transport devices attached, mounted, or installed in the City ROW, including but not limited to control boxes, fiber optic and other cables, wires, conduit, power sources, grounding equipment, battery backup and other equipment, structures, and appurtenances which may be installed, maintained, operated and/or used for the purpose of Small Wireless Facilities Deployments. This definition shall include new types of telecommunications equipment that are substantially similar to Small Wireless Facilities existing as of the Effective Date of this Agreement, or that have reduced or less adverse impacts on the City ROW with respect to size, coverage/spacing requirements, and general physical characteristics. Facility or Facilities Shall mean any and all Equipment and installations of any kind owned and/or controlled by Carrier that are reasonably necessary and appropriate for the provision of Services. FCC Shall means the Federal Communications Commission of the United States. FCC Wireless Infrastructure Order Shall mean the Declaratory Ruling issued by the FCC on September 27, 2018 in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088). License Shall mean a non-exclusive right granted by the City to an Applicant to deploy Small Wireless Facilities on, over, under, upon, across, and/or along the City ROW. Radiofrequency Emissions or RF Emissions Shall mean electromagnetic energy including radio waves and microwaves that are transmitted or received by Facilities. Right-of-Way or ROW Shall mean the space in, upon, above, under, along, across, and over the public streets, roads, highways, sidewalks, and public ways owned or controlled by and under the jurisdiction of the City, as the same now or may hereafter exist. This term shall not include: (a) any county, state, or federal ROW; (b) public utility easements, whether owned by the City or others, except as provided by applicable Laws or pursuant to any agreement between the City and any such person or entity; or (c) any property owned by the City that is not a public street, road, highway, sidewalk, or other public way, such as parks, City buildings, and property on which City buildings are located. Services Shall mean any telecommunications service provided by means of the Facilities installed by Carrier in accordance with this Agreement, for which Carrier holds a valid authorization issued by the FCC; or the leasing, operation, or maintenance of the same by Carrier in accordance with this Agreement. “Services” do not include cable service or open video services. Small Wireless Facility Shall mean a Facility that meets the definition of “Small Wireless Facility” set forth in 47 CFR § 1.6002. The term “Small Wireless Facility” includes associated Equipment and Facilities as defined in this Agreement, but does not include Support Structures to which such Equipment and Facilities are attached. Small Wireless Facility Permit Shall mean the authorization granted after review and approval by the CPO of an application for a Small Wireless Facility. Support Structure Shall mean a structure to which a Small Wireless Facility is or may be attached, including, but not limited to, existing support structures, support structures where facilities may be co-located, and support structures to be installed by the Carrier. § 323-102 License agreement and permit applications. A. The CPO shall develop and make available a uniform Master License Agreement to be executed by each Applicant seeking to deploy Small Wireless Facilities in the City ROW. The uniform Master License Agreement shall include all provisions necessary to ensure the overall interests of public health, safety, and welfare, including, but not limited to, the following provisions: (1) An acknowledgement that the licensee may not place a Small Wireless Facility in the ROW without first obtaining any necessary permits; (2) A requirement that all Small Wireless Facilities and related equipment must comply with FCC safety rules, regulations, and standards for RF emissions; (3) A requirement that the installation, operation, and maintenance of Small Wireless Facilities shall adhere to all provisions of this Code, the aesthetic, safety and operating Standards, and all other applicable laws and regulations; (4) A requirement that Small Wireless Facilities may not obstruct, impede, or hinder the usual travel or public safety of pedestrians or vehicles on or in the ROW, and may not obstruct the legal use of the ROW by lawfully present utility providers; (5) A requirement that Small Wireless Facilities may not be installed or operated in a manner that violates the Americans with Disabilities Act; (6) A requirement that any licensee whose actions cause damage or interfere with the use of the ROW, or any objects located within the ROW, shall be responsible for any necessary repairs and/or restoration at the licensee's sole expense; (7) A requirement that the licensee shall be responsible for the payment of an annual fee for access to the ROW and/or attachment to City-owned structures in the ROW; (8) No exclusive, irrevocable property right or any other interest shall be created by the licensee; (9) The license agreement shall be in the general form as developed by the City; (10) The City, in applying the provisions of this Article, will act in a competitively neutral manner with regard to all other users of the right-of-way. B. An application for each Small Wireless Facility shall be submitted to the Chief Planning Official (“CPO”) for administrative review in accordance with this Article, the Unified Sustainable Development Ordinance, and all other applicable provisions of the Code. (1) All applicants shall initiate an informal pre-application meeting with the CPO to expedite the application review and permitting process by identifying and preliminarily addressing any significant issues or concerns the City or the applicant may have. Participation in a pre-application meeting shall not commence the applicable review period. (2) An applicant may combine into a single batch application up to ten (10) individual applications for permits for new Small Wireless Facilities to be located in the City ROW, provided that the proposed Small Wireless Facilities are of substantially the same design and style and are located within a single two (2) mile radius. (3) The CPO shall review each application on an expedited basis so as to comply with the “shot clocks” set forth in the FCC Wireless Infrastructure Order and all other requirements of the federal Telecommunications Act, as codified at 47 U.S.C. § 253 and 332(c), and the federal Spectrum Act, as codified at 47 U.S.C. § 1455. (4) The CPO shall review the permit application and shall prepare any findings and proposed conditions. The CPO shall, upon receipt of an application, forward copies to, and coordinate with, all other impacted City departments and agencies. (5) Within the time allowed under the “shot clocks” for approval or denial of a permit application, the CPO shall issue a decision that either approves, approves with conditions, or denies the requested permits, with the reasons for such decision set forth in writing and supported by specific findings of substantial evidence. (6) In the even that an application is denied, the applicant may appeal such denial within thirty (30) days to the Board of Zoning Appeals of the City of Albany, pursuant to section 375-5 (D)(12)(b) of the City’s Unified Sustainable Development Ordinance. C. The CPO shall have the authority to adopt regulations governing the placement, modification, and maintenance of small wireless facilities in the City ROW in addition to but consistent with the requirements of this Article, including regulations related to collocation, the resolution of conflicting applications for placement of wireless telecommunications facilities, and aesthetic standards. The CPO shall have the authority to develop forms and procedures for submission of applications for small wireless facilities permits. D. The CPO shall have the power to establish reasonable and non-discriminatory limitations on the deployment of new or additional Small Wireless Facilities within congested segments of the City ROW if there is insufficient space to accommodate all of the requests of providers or other persons or entities seeking to occupy and use the City ROW. In making such decisions, the CPO shall accommodate, to the extent possible, all existing Small Wireless Facilities and those for which an application has been submitted but not yet determined. In determining priority beyond those applicants with vested interests, the CPO shall be guided by the following criteria, but may consider any other relevant criteria not here enumerated: (1) The width and physical condition of the City ROW; (2) The time of year with respect to essential utilities; (3) The protection of existing city facilities, utility infrastructure, and Small Wireless Facilities in the City ROW; (4) The availability of Services and any gaps in service; (5) Established plans for public improvements and development projects that have been determined to be in the public's interest; and (6) Consistency with the purposes of this Article and the Aesthetic, Safety and Operational Standards set forth in 323-104 and the rules, regulations and guidelines promulgated thereunder. E. In addition to obtaining a Small Wireless Facility Permit, applicants may be required to obtain additional permits including, but not limited to, building permit(s), electrical permit(s), grading permit(s), tree trimming application(s), street opening permit(s), sidewalk barricade permit(s), and/or certificate(s) of appropriateness. § 323-103 Permit fees and charges. A. The following non-recurring fees are required for each Small Wireless Facility and shall be due upon submission of the application therefor: (1) For collocations or facilities mounted on an existing or replacement Support Structure, $500.00 for a batch of five and $100.00 for each additional facility. (2) For new pole placements, $1,000.00 B. The following annual fees are required for each Small Wireless Facility: (1) For collocations or facilities mounted on an existing or replacement Support Structure, $135.00 per year. (2) For new pole placements, $270.00 per year. C. The first year’s annual fee shall be due within ninety (90) days of when the installation is complete and shall not be prorated, regardless of the date of such completion. For each subsequent year, the annual fee shall be due on or before January 31. § 323-104 Aesthetic standards. A. The CPO shall adopt Aesthetic Standards for Small Wireless Facilities consistent with the following requirements: (1) Small Wireless facilities shall not interfere with pedestrian or vehicle safety, the use of streets, sidewalks, alleys, parkways, and/or other public ways and places, the operation of traffic control equipment or sightlines at intersections, and shall not obstruct or hinder the usual travel use or public safety of the City ROW, or obstruct the legal use of the ROW by utilities. (2) Small Wireless Facilities shall not violate or materially interfere with compliance with the federal Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement. (3) The color of Small Wireless Facilities shall reasonably match the color of the support structure upon which they are attached. Reasonable, technically feasible, nondiscriminatory, and technologically neutral design and stealth concealment measures shall be required. New poles shall match the color and finish of existing decorative lighting or other poles in the area, (or black where no nearby poles exist). (4) Ground equipment should be minimal and the least intrusive. (5) The City desires and encourages collocations between multiple wireless service providers on the same support structure whenever feasible. If the applicant chooses to not collocate when options appear available, demonstrative proof must be provided as to why collocation is not feasible. (6) The following are the most preferred locations for the siting of new Small Wireless Facilities: (a) Non-historic buildings upon which the Small Wireless Facility can be camouflaged to match existing materials and texture; (b) Industrial Zoning Districts that are not adjacent to City parks, residential zones, or historic districts; or (c) Mixed-use Community Highway (MU-CH) zoning districts that are not adjacent to City parks, residential zones, or historic districts. (7) The following are the least preferred locations for the siting of new Small Wireless Facilities: (a) Residential zoning districts; (b) Historic districts; both local and National Register districts; or (c) Mixed Use zoning districts. (8) The following list indicates the order of preference for support structures for Small Wireless Facilities: (a) Collocations on an existing Small Wireless Facility Support Structure; (b) Existing utility poles; (c) New poles; (d) Non-decorative municipal service poles; (e) Sign poles or other structures that are at least fifteen (15) feet tall; or (f) Decorative municipal service poles, which are the least preferred option. § 323-105 Violations. Any person or entity who violates this Article or fails to comply with the provisions of this Article shall be subject to a penalty of not less than two hundred and fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00). Each day such violation or failure to comply continues shall be considered a separate offense. Section 2. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 23RD DAY OF APRIL, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 23, 2021 Sponsor: Council Member Fahey ORDINANCE 13.51.21 TITLE AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” GENERAL PURPOSE OF LEGISLATION The ordinance establishes aesthetic and other standards for small cell wireless facilities installed in the City. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The City Code currently contains no standards for small cell wireless facilities. This ordinance adds such standards. FISCAL IMPACT(S) The ordinance sets application fees, yearly fee, and fine amounts, which will be a source of revenue. Council Member _______ introduced the following: RESOLUTION NUMBER 41.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) WHEREAS, section 603(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 occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Corporation Counsel has requested to increase the salaries for one Paralegal position and two Confidential Secretary positions each from $37,458 to $39,331; and WHEREAS, this change will be budget neutral, because the Department proposes to reduce the salary of the one existing, currently vacant Assistant Corporation Counsel position from $85,000 to $79,381; and WHEREAS, these changes are reflected in the following charts: Action Position Line From To Difference Decrease Assistant Corporation Counsel 1420.7000 $85,000 $79,381 $5,619 Total $5,619 Action Position Line From To Difference Increase Paralegal 1420.7000 $37,458 $39,331 $1,873 Increase Confidential Secretary 1420.7000 $37,458 $39,331 $1,873 Increase Confidential Secretary 1420.7000 $37,458 $39,331 $1,873 Total $5,619 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the increase in salary for one Paralegal and to Confidential Secretary positions, and a decrease in the salary of an Assistant Corporation Counsel position in the within the Department of Law for the 2021 budget year. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 20, 2021 Sponsor(s): To be determined RESOLUTION NUMBER 41.51.21R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) GENERAL PURPOSE OF LEGISLATION The Corporation Counsel has requested that the two Confidential Secretary and one Paralegal positions in the Department of Law have their salaries increased from $37,458 to $39,331. This is a difference of $1,873 per position and $5,619 overall. The difference of $5,619 will come from a currently vacant Assistant Corporation Counsel position, which will be reduced from $85,000 to $79,381. This change will bring the salaries for these positions better in line with the salaries of similar positions in other City departments. NECESSITY FOR LEGISLATION AND CHANGE TO EXISTING LAW Pursuant to section 603(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(S) This change will be made budget neutral by reducing the salary of one existing, currently vacant Assistant Corporation Counsel position by $5,619. Council Member ________ introduced the following: RESOLUTION NUMBER 42.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) WHEREAS, section 306(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Director of the Albany Community Development Agency (“ACDA”) has requested to create a Chief Financial Manager position with a salary of $66,000; and WHEREAS, in the past this role has been filled on a part-time basis by an outside contractor; and WHEREAS, the creation of this position will be budget neutral because the funds will come from Housing and Urban Development, which funds are currently reflected in ACDA’s “Contracted Services” budget line; and WHEREAS, these changes are reflected in the following chart: Action Title Line From To Difference Decrease Contracted Services 6410.7440 $3,891583 $3,820,804 $71,049 Total $71,049 Action Position Line From To Difference Create Chief Financial Manager 6410.7000 $0 $66,000 $66,000 Increase Social Security 6410.7801 $93,277 $98,326 $5,049 Total $71,049 NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting a salary total due to the creation of one Chief Financial Manager position within ACDA for the 2021 Budget Year. To: Danielle Gillespie, City Clerk From: Brett T. Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: April 22, 2021 Sponsor: To be determined RESOLUTION NUMBER 42.51.21R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) GENERAL PURPOSE OF LEGISLATION For many years, ACDA has had a part-time consultant work as a CFO for the department. The person who has filled that role is now retiring. The Director of ACDA has therefore requested the creation of a full time Chief Financial Manager position instead of a consultant. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to section 603(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(S) The Chief Financial Manager position will have a salary of $66,000. The funding will come from HUD, through ACDA’s contracted services line. The contract fee for the former consultant position will no longer need to come out of the contracted services line. Council Members Frederick and Johnson introduced the following: RESOLUTION NUMBER 43.51.21R RESOLUTION OF THE COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNICIPAL SOLID WASTE WHEREAS, Waste Management of New York, Inc. (WM) is proposing an amendment to its solid waste permit for the transfer station it operates in the Port of Albany (the Port) to allow WM accept municipal solid waste (MSW) at the transfer station; and WHEREAS, currently, WM is only permitted by the New York State Department of Environmental Conservation (DEC) to accept dry waste, such as construction and demolition debris (C&D) and recyclables at the Port transfer station; and WHEREAS, MSW is putrescible waste, more commonly referred to as garbage. Putrescible waste is waste that decomposes and results in nuisance conditions. Putrescible waste is attractive to “vectors” – rats, crows, pigeons, and other vermin – which feed on the organic waste and then transport the germs, bacteria, and other disease-causing agents to areas outside the immediate facility, thus exposing children and adults to possible illness or other health-related conditions; and WHEREAS, the transfer station is located adjacent to an Environmental Justice (EJ) community, and is within 1,000 feet of Ezra Prentice Homes, a federal public housing complex; and WHEREAS, an EJ community is defined as a community consisting mostly of people of color and/or a majority of residents living at or below the poverty level, and where the community is already suffering from environmental burdens such as air and water pollution caused by industrial activities and the siting of pollution-generating entities such as landfills and incinerators; and WHEREAS, Albany’s South End, a designated EJ community, already suffers from major health issues related to thousands of diesel-engine trucks driving along South Pearl Street, general Port operations, a recycling center, Interstate 787, etc.; and WHEREAS, WM made the same proposal in 2009 and the people of Albany responded in opposition to WM using the South End as a dump for garbage brought into the community from eight counties outside of Albany and the DEC rejected WM’s proposed solid waste permit modification in 2009; and WHEREAS, WM says that fifty-five percent of the 165 to 170 garbage trucks a day that now only carry dry materials and recyclables to the transfer station, will be able to bring in putrescible MSW to Albany’s South End to be dumped on a cement floor and stored on tractor trailers for up to seven days before moving off-site. That 55% is equal to 412 tons of malodorous garbage a day being dumped on Albany’s South End, six days a week; and WHEREAS, WM states that the permit modification to allow WM to bring and dump garbage at its Port transfer station in Albany’s South End would be a “community benefit” by offering the City $1.00 per ton of the garbage they wish to dump on the South End, an EJ community that already suffers from extremely high rates of asthma-related emergency room visits, cancers related to environmental pollution exposure, and below average birth weights; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany, New York declares its opposition to Waste Management of New York, Inc.’s proposal to amend its solid waste permit to allow the transfer station it operates in the Port of Albany in Albany’s South End, a designated Environmental Justice Community to accept municipal solid waste; and BE IT FURTHER RESOLVED, that the Albany Common Council asks the New York State Department of Environmental Conservation to reject Waste Management’s permit modification request; and BE IT FURTHER RESOLVED, that copies of this resolution, suitably engrossed, be transmitted to: Basil Seggos, Commissioner, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233; Angelika Stewart, Environmental Analyst, Division of Permits, NYS Department of Environmental Conservation, 1130 North Westcott Road, Schenectady, NY 12306; and ATTN: Albany Transfer Station, Waste Management of New York, Inc., 100 Boat Street, Albany, NY 12202 To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: April 23, 2021 SPONSOR Council Members Frederick and Johnson RESOLUTION NUMBER 43.51.21R TITLE RESOLUTION OF THE COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNICIPAL SOLID WASTE GENERAL PURPOSE OF LEGISLATION Opposition to Waste Management of New York, Inc.’s proposal to amend it solid waste permit to allow it to accept municipal solid waste. FISCAL IMPACT(S) None. Council Members Love introduced the following: RESOLUTION NUMBER 44.51.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR WHEREAS, Benjamin G. Garland and the Garland Brothers Funeral home, established in 1929, have been fixtures in Arbor Hill committed to serving the community; and WHEREAS Benjamin G. Garland is the nephew of the late Benjamin H. Garland Sr and James Clifford Garland. Benjamin H. Garland Sr. and James Clifford Garland migrated north from DeKalb, Texas. Both brothers attended historically Black colleges with Benjamin H. attending and matriculating at Hampton Institute and James (“Doc”) matriculating at Fisk University; and WHEREAS, both brothers developed an interest in the funerary business and graduated with degrees in Mortuary Sciences one graduating from the New England School of Mortuary Science in Boston, Massachusetts and the other completing his studies at Worsham School of Mortuary Science in Chicago, Illinois. This was the beginning of the Garland Brothers Funeral homes of Albany and Syracuse; and WHEREAS, the Garland brothers belief in community activism and their commitment to advancing, advocating, and highlighting issues faced by the African American Community locally was passed on to Benjamin G. Garland ; and WHEREAS, The Garland Brothers Funeral Home, located on Clinton Avenue in Arbor Hill, is a fixture that has provided and continues to provide many services to the people and the community; and WHEREAS, Benjamin G. Garland, in 1969, with the passing of his uncle James Garland, took the over the Albany location. Benjamin G. Garland studied under the tutelage of Dr. Charlotte Hawkins Brown at Palmer Memorial Institute in Sedalia, North Carolina and graduated from the American Academy McAllister Institute of Funeral Services. He also apprenticed under his uncle and was employed at the Albany Medical Center Morgue and the United States Postal Service prior to assuming control over the Albany branch of Garland Brothers Funeral Home; NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany thanks Benjamin G. Garland for his commitment to the community, his years of service, and his dedication to the funerary business; and BE IT FINALLY RESOLVED, that a portion of Clinton Avenue between Hawk Street and Ludlow Alley at the intersection of Clinton Avenue and Hawk Street, shall be renamed “Benjamin G. Garland Way” in his Honor. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 31, 2021 SPONSOR Council Member Love RESOLUTION NUMBER 44.51.21R TITLE RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR GENERAL PURPOSE OF LEGISLATION Celebrating the contributions of Benjamin G. Garland to the Arbor Hill Community. FISCAL IMPACT(S) None. Council Member Anane introduced the following: RESOLUTION NUMBER 45.51.21R RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY WHEREAS, the number of people who rely on bicycling for commuting to work or for recreational activities has increased over the past decade; and WHEREAS, the growing bicycle-friendly road network throughout the City supports a safe and healthy transportation option that is paramount to achieving sustainability and enhancing the quality of life in the City; and WHEREAS, the City of Albany in partnership with League of American Bicyclists, the New York Bicycling Coalition, CDTC's Capital Coexist, the Albany Police Department, and the Albany Bicycling Coalition, have continued to look for opportunities to improve bicycling within the City; and WHEREAS, community organizations such as Capital Roots, among others, have made contributions to these efforts by donating and installing bike racks across the City to encourage larger participation in cycling as a means of transportation; and WHEREAS, these organizations, in cooperation with the City, have promoted greater public awareness of bicycle operation and safety education in an effort to reduce crashes, injuries and fatalities for all; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council hereby proclaims May 2021 as Bike Month in the City of Albany, and urges all motorists and bicyclists to follow New York State’s Vehicle and Traffic Law, and share the road respectfully and responsibly. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: April 23.2021 SPONSOR Councilmember Anane RESOLUTION NUMBER 45.51.21R TITLE RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION To declare the month of May, Bike Month in the City of Albany. This resolution is introduced to encourage residents to utilize bikes as a mode of transportation, cut down on vehicle emissions and bolster the use of our bicycle friendly road network. The City still has work to do to become completely bike friendly and accessible but this is one small effort to draw attention to the issue. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT(S) N/A COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION MAY 3, 2021 ORDINANCES 12.51.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 13.51.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” RESOLUTIONS 41.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) 42.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) 43.51.21R RESOLUTION OF THE COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNCIPAL SOLID WASTE 44.51.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR 45.51.21R RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY Council Member Love introduced the following: ORDINANCE 12.51.21R AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5- 16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.06± acre parcel at 256 Livingston Avenue (Tax Map Parcel Number 65.65-5-16), be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Brenda Robinson. SUBJECT to all easements, restrictions, and rights of way of record. Section 2. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.09± acre parcel at 258 Livingston Avenue (Tax Map Parcel Number 65.65-5-15), be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Brenda Robinson. SUBJECT to all easements, restrictions, and rights of way of record. Section 3. It is hereby determined that the aforesaid properties have been abandoned for municipal or public purposes. Section 4. The form, content, terms, and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for valuable consideration. Section 5. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 22ND DAY OF APRIL, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 22, 2021 SPONSOR Council Member Love ORDINANCE 12.51.21R TITLE AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 GENERAL PURPOSE OF LEGISLATION The adjacent property owner, Dr. Brenda Robinson, wishes to purchase these properties. No objections to the sales were raised at the April 22, 2021 Technical Review Committee meeting. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The sale of City-owned property requires Common Council approval. FISCAL IMPACT(S) No sale price has yet been determined. 256 Lancaster has a full market value of $2,248 according to the 2020 assessment roll and 258 Livingston has a full market value of $2,784. Council Member Fahey introduced the following: ORDINANCE 13.51.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to add a new Article VII, to be entitled “Small Cell Wireless Facilities in City Rights of Way,” to read as follows: § 323-100 Purpose and scope. A. The purpose of this Article is to establish uniform standards for the deployment and installation of Small Wireless Facilities in rights-of-way within the City’s jurisdiction, including, without limitation, to: (1) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; (2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; (3) Prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property; (4) Ensure that reasonable efforts are made to preserve the character of neighborhoods in which facilities are installed; (5) Protect against environmental damage, including damage to trees; and (6) Facilitate rapid deployment of Small Wireless Facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband, and emergency services to homes, businesses, schools, and other uses within the City. B. The City recognizes the importance of Small Wireless Facilities to provide high-quality communications and internet access to residents and businesses within the City. The City also recognizes its obligation to comply with applicable Federal and State laws regarding the placement of Small Wireless Facilities within the City's rights-of-way, including, without limitation, the federal Telecommunications Act, as codified at 47 U.S.C. §§ 253 and 332(c), and the federal Spectrum Act, as codified at 47 U.S.C. § 1455, and this Article shall be interpreted consistent with those provisions. C. To the extent that this Article may conflict with other sections of the Code of the City of Albany, this Article shall be controlling to the extent of such conflict. D. In establishing the rights, obligations, and conditions set forth in this Article, it is the intent of the City to treat each applicant and right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, while taking into account the unique technologies, situations, and legal status of each applicant or request for use of the right-of-way. § 323-101 Definitions. Aesthetic Standards Shall mean such standards as may be published from time to time by the CPO, as consistent with this Article, which shall set forth rules and regulations for the siting and construction of Small Wireless Facilities within the City ROW. Applicable Law or Law Shall mean all federal, state, and local laws, statutes, codes, ordinances, resolutions, orders, rules, and regulations. CPO Shall mean the Chief Planning Official of the City of Albany, as that term is defined in the City of Albany Unified Sustainable Development Ordinance. Collocate Shall mean to attach, install, mount, maintain, modify, operate, and/or place one or more Facilities on an existing support structure. Deployment Shall mean the construction, repair, replacement, maintenance, attachment, installation, removal, reattachment, reinstallation, relocation, and/or operation of Facilities within the City ROW. Equipment Shall mean the radios, antennas, transmitters, and other wireless transmission or transport devices attached, mounted, or installed in the City ROW, including but not limited to control boxes, fiber optic and other cables, wires, conduit, power sources, grounding equipment, battery backup and other equipment, structures, and appurtenances which may be installed, maintained, operated and/or used for the purpose of Small Wireless Facilities Deployments. This definition shall include new types of telecommunications equipment that are substantially similar to Small Wireless Facilities existing as of the Effective Date of this Agreement, or that have reduced or less adverse impacts on the City ROW with respect to size, coverage/spacing requirements, and general physical characteristics. Facility or Facilities Shall mean any and all Equipment and installations of any kind owned and/or controlled by Carrier that are reasonably necessary and appropriate for the provision of Services. FCC Shall means the Federal Communications Commission of the United States. FCC Wireless Infrastructure Order Shall mean the Declaratory Ruling issued by the FCC on September 27, 2018 in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088). License Shall mean a non-exclusive right granted by the City to an Applicant to deploy Small Wireless Facilities on, over, under, upon, across, and/or along the City ROW. Radiofrequency Emissions or RF Emissions Shall mean electromagnetic energy including radio waves and microwaves that are transmitted or received by Facilities. Right-of-Way or ROW Shall mean the space in, upon, above, under, along, across, and over the public streets, roads, highways, sidewalks, and public ways owned or controlled by and under the jurisdiction of the City, as the same now or may hereafter exist. This term shall not include: (a) any county, state, or federal ROW; (b) public utility easements, whether owned by the City or others, except as provided by applicable Laws or pursuant to any agreement between the City and any such person or entity; or (c) any property owned by the City that is not a public street, road, highway, sidewalk, or other public way, such as parks, City buildings, and property on which City buildings are located. Services Shall mean any telecommunications service provided by means of the Facilities installed by Carrier in accordance with this Agreement, for which Carrier holds a valid authorization issued by the FCC; or the leasing, operation, or maintenance of the same by Carrier in accordance with this Agreement. “Services” do not include cable service or open video services. Small Wireless Facility Shall mean a Facility that meets the definition of “Small Wireless Facility” set forth in 47 CFR § 1.6002. The term “Small Wireless Facility” includes associated Equipment and Facilities as defined in this Agreement, but does not include Support Structures to which such Equipment and Facilities are attached. Small Wireless Facility Permit Shall mean the authorization granted after review and approval by the CPO of an application for a Small Wireless Facility. Support Structure Shall mean a structure to which a Small Wireless Facility is or may be attached, including, but not limited to, existing support structures, support structures where facilities may be co-located, and support structures to be installed by the Carrier. § 323-102 License agreement and permit applications. A. The CPO shall develop and make available a uniform Master License Agreement to be executed by each Applicant seeking to deploy Small Wireless Facilities in the City ROW. The uniform Master License Agreement shall include all provisions necessary to ensure the overall interests of public health, safety, and welfare, including, but not limited to, the following provisions: (1) An acknowledgement that the licensee may not place a Small Wireless Facility in the ROW without first obtaining any necessary permits; (2) A requirement that all Small Wireless Facilities and related equipment must comply with FCC safety rules, regulations, and standards for RF emissions; (3) A requirement that the installation, operation, and maintenance of Small Wireless Facilities shall adhere to all provisions of this Code, the aesthetic, safety and operating Standards, and all other applicable laws and regulations; (4) A requirement that Small Wireless Facilities may not obstruct, impede, or hinder the usual travel or public safety of pedestrians or vehicles on or in the ROW, and may not obstruct the legal use of the ROW by lawfully present utility providers; (5) A requirement that Small Wireless Facilities may not be installed or operated in a manner that violates the Americans with Disabilities Act; (6) A requirement that any licensee whose actions cause damage or interfere with the use of the ROW, or any objects located within the ROW, shall be responsible for any necessary repairs and/or restoration at the licensee's sole expense; (7) A requirement that the licensee shall be responsible for the payment of an annual fee for access to the ROW and/or attachment to City-owned structures in the ROW; (8) No exclusive, irrevocable property right or any other interest shall be created by the licensee; (9) The license agreement shall be in the general form as developed by the City; (10) The City, in applying the provisions of this Article, will act in a competitively neutral manner with regard to all other users of the right-of-way. B. An application for each Small Wireless Facility shall be submitted to the Chief Planning Official (“CPO”) for administrative review in accordance with this Article, the Unified Sustainable Development Ordinance, and all other applicable provisions of the Code. (1) All applicants shall initiate an informal pre-application meeting with the CPO to expedite the application review and permitting process by identifying and preliminarily addressing any significant issues or concerns the City or the applicant may have. Participation in a pre-application meeting shall not commence the applicable review period. (2) An applicant may combine into a single batch application up to ten (10) individual applications for permits for new Small Wireless Facilities to be located in the City ROW, provided that the proposed Small Wireless Facilities are of substantially the same design and style and are located within a single two (2) mile radius. (3) The CPO shall review each application on an expedited basis so as to comply with the “shot clocks” set forth in the FCC Wireless Infrastructure Order and all other requirements of the federal Telecommunications Act, as codified at 47 U.S.C. § 253 and 332(c), and the federal Spectrum Act, as codified at 47 U.S.C. § 1455. (4) The CPO shall review the permit application and shall prepare any findings and proposed conditions. The CPO shall, upon receipt of an application, forward copies to, and coordinate with, all other impacted City departments and agencies. (5) Within the time allowed under the “shot clocks” for approval or denial of a permit application, the CPO shall issue a decision that either approves, approves with conditions, or denies the requested permits, with the reasons for such decision set forth in writing and supported by specific findings of substantial evidence. (6) In the even that an application is denied, the applicant may appeal such denial within thirty (30) days to the Board of Zoning Appeals of the City of Albany, pursuant to section 375-5 (D)(12)(b) of the City’s Unified Sustainable Development Ordinance. C. The CPO shall have the authority to adopt regulations governing the placement, modification, and maintenance of small wireless facilities in the City ROW in addition to but consistent with the requirements of this Article, including regulations related to collocation, the resolution of conflicting applications for placement of wireless telecommunications facilities, and aesthetic standards. The CPO shall have the authority to develop forms and procedures for submission of applications for small wireless facilities permits. D. The CPO shall have the power to establish reasonable and non-discriminatory limitations on the deployment of new or additional Small Wireless Facilities within congested segments of the City ROW if there is insufficient space to accommodate all of the requests of providers or other persons or entities seeking to occupy and use the City ROW. In making such decisions, the CPO shall accommodate, to the extent possible, all existing Small Wireless Facilities and those for which an application has been submitted but not yet determined. In determining priority beyond those applicants with vested interests, the CPO shall be guided by the following criteria, but may consider any other relevant criteria not here enumerated: (1) The width and physical condition of the City ROW; (2) The time of year with respect to essential utilities; (3) The protection of existing city facilities, utility infrastructure, and Small Wireless Facilities in the City ROW; (4) The availability of Services and any gaps in service; (5) Established plans for public improvements and development projects that have been determined to be in the public's interest; and (6) Consistency with the purposes of this Article and the Aesthetic, Safety and Operational Standards set forth in 323-104 and the rules, regulations and guidelines promulgated thereunder. E. In addition to obtaining a Small Wireless Facility Permit, applicants may be required to obtain additional permits including, but not limited to, building permit(s), electrical permit(s), grading permit(s), tree trimming application(s), street opening permit(s), sidewalk barricade permit(s), and/or certificate(s) of appropriateness. § 323-103 Permit fees and charges. A. The following non-recurring fees are required for each Small Wireless Facility and shall be due upon submission of the application therefor: (1) For collocations or facilities mounted on an existing or replacement Support Structure, $500.00 for a batch of five and $100.00 for each additional facility. (2) For new pole placements, $1,000.00 B. The following annual fees are required for each Small Wireless Facility: (1) For collocations or facilities mounted on an existing or replacement Support Structure, $135.00 per year. (2) For new pole placements, $270.00 per year. C. The first year’s annual fee shall be due within ninety (90) days of when the installation is complete and shall not be prorated, regardless of the date of such completion. For each subsequent year, the annual fee shall be due on or before January 31. § 323-104 Aesthetic standards. A. The CPO shall adopt Aesthetic Standards for Small Wireless Facilities consistent with the following requirements: (1) Small Wireless facilities shall not interfere with pedestrian or vehicle safety, the use of streets, sidewalks, alleys, parkways, and/or other public ways and places, the operation of traffic control equipment or sightlines at intersections, and shall not obstruct or hinder the usual travel use or public safety of the City ROW, or obstruct the legal use of the ROW by utilities. (2) Small Wireless Facilities shall not violate or materially interfere with compliance with the federal Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement. (3) The color of Small Wireless Facilities shall reasonably match the color of the support structure upon which they are attached. Reasonable, technically feasible, nondiscriminatory, and technologically neutral design and stealth concealment measures shall be required. New poles shall match the color and finish of existing decorative lighting or other poles in the area, (or black where no nearby poles exist). (4) Ground equipment should be minimal and the least intrusive. (5) The City desires and encourages collocations between multiple wireless service providers on the same support structure whenever feasible. If the applicant chooses to not collocate when options appear available, demonstrative proof must be provided as to why collocation is not feasible. (6) The following are the most preferred locations for the siting of new Small Wireless Facilities: (a) Non-historic buildings upon which the Small Wireless Facility can be camouflaged to match existing materials and texture; (b) Industrial Zoning Districts that are not adjacent to City parks, residential zones, or historic districts; or (c) Mixed-use Community Highway (MU-CH) zoning districts that are not adjacent to City parks, residential zones, or historic districts. (7) The following are the least preferred locations for the siting of new Small Wireless Facilities: (a) Residential zoning districts; (b) Historic districts; both local and National Register districts; or (c) Mixed Use zoning districts. (8) The following list indicates the order of preference for support structures for Small Wireless Facilities: (a) Collocations on an existing Small Wireless Facility Support Structure; (b) Existing utility poles; (c) New poles; (d) Non-decorative municipal service poles; (e) Sign poles or other structures that are at least fifteen (15) feet tall; or (f) Decorative municipal service poles, which are the least preferred option. § 323-105 Violations. Any person or entity who violates this Article or fails to comply with the provisions of this Article shall be subject to a penalty of not less than two hundred and fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00). Each day such violation or failure to comply continues shall be considered a separate offense. Section 2. This ordinance shall take effect 30 days after enactment. APPROVED AS TO FORM THIS 23RD DAY OF APRIL, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 23, 2021 Sponsor: Council Member Fahey ORDINANCE 13.51.21 TITLE AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” GENERAL PURPOSE OF LEGISLATION The ordinance establishes aesthetic and other standards for small cell wireless facilities installed in the City. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The City Code currently contains no standards for small cell wireless facilities. This ordinance adds such standards. FISCAL IMPACT(S) The ordinance sets application fees, yearly fee, and fine amounts, which will be a source of revenue. Council Member _______ introduced the following: RESOLUTION NUMBER 41.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) WHEREAS, section 603(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 occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Corporation Counsel has requested to increase the salaries for one Paralegal position and two Confidential Secretary positions each from $37,458 to $39,331; and WHEREAS, this change will be budget neutral, because the Department proposes to reduce the salary of the one existing, currently vacant Assistant Corporation Counsel position from $85,000 to $79,381; and WHEREAS, these changes are reflected in the following charts: Action Position Line From To Difference Decrease Assistant Corporation Counsel 1420.7000 $85,000 $79,381 $5,619 Total $5,619 Action Position Line From To Difference Increase Paralegal 1420.7000 $37,458 $39,331 $1,873 Increase Confidential Secretary 1420.7000 $37,458 $39,331 $1,873 Increase Confidential Secretary 1420.7000 $37,458 $39,331 $1,873 Total $5,619 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the increase in salary for one Paralegal and to Confidential Secretary positions, and a decrease in the salary of an Assistant Corporation Counsel position in the within the Department of Law for the 2021 budget year. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 20, 2021 Sponsor(s): To be determined RESOLUTION NUMBER 41.51.21R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) GENERAL PURPOSE OF LEGISLATION The Corporation Counsel has requested that the two Confidential Secretary and one Paralegal positions in the Department of Law have their salaries increased from $37,458 to $39,331. This is a difference of $1,873 per position and $5,619 overall. The difference of $5,619 will come from a currently vacant Assistant Corporation Counsel position, which will be reduced from $85,000 to $79,381. This change will bring the salaries for these positions better in line with the salaries of similar positions in other City departments. NECESSITY FOR LEGISLATION AND CHANGE TO EXISTING LAW Pursuant to section 603(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(S) This change will be made budget neutral by reducing the salary of one existing, currently vacant Assistant Corporation Counsel position by $5,619. Council Member ________ introduced the following: RESOLUTION NUMBER 42.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) WHEREAS, section 306(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Director of the Albany Community Development Agency (“ACDA”) has requested to create a Chief Financial Manager position with a salary of $66,000; and WHEREAS, in the past this role has been filled on a part-time basis by an outside contractor; and WHEREAS, the creation of this position will be budget neutral because the funds will come from Housing and Urban Development, which funds are currently reflected in ACDA’s “Contracted Services” budget line; and WHEREAS, these changes are reflected in the following chart: Action Title Line From To Difference Decrease Contracted Services 6410.7440 $3,891583 $3,820,804 $71,049 Total $71,049 Action Position Line From To Difference Create Chief Financial Manager 6410.7000 $0 $66,000 $66,000 Increase Social Security 6410.7801 $93,277 $98,326 $5,049 Total $71,049 NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting a salary total due to the creation of one Chief Financial Manager position within ACDA for the 2021 Budget Year. To: Danielle Gillespie, City Clerk From: Brett T. Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: April 22, 2021 Sponsor: To be determined RESOLUTION NUMBER 42.51.21R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) GENERAL PURPOSE OF LEGISLATION For many years, ACDA has had a part-time consultant work as a CFO for the department. The person who has filled that role is now retiring. The Director of ACDA has therefore requested the creation of a full time Chief Financial Manager position instead of a consultant. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Pursuant to section 603(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(S) The Chief Financial Manager position will have a salary of $66,000. The funding will come from HUD, through ACDA’s contracted services line. The contract fee for the former consultant position will no longer need to come out of the contracted services line. Council Members Frederick and Johnson introduced the following: RESOLUTION NUMBER 43.51.21R RESOLUTION OF THE COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNICIPAL SOLID WASTE WHEREAS, Waste Management of New York, Inc. (WM) is proposing an amendment to its solid waste permit for the transfer station it operates in the Port of Albany (the Port) to allow WM accept municipal solid waste (MSW) at the transfer station; and WHEREAS, currently, WM is only permitted by the New York State Department of Environmental Conservation (DEC) to accept dry waste, such as construction and demolition debris (C&D) and recyclables at the Port transfer station; and WHEREAS, MSW is putrescible waste, more commonly referred to as garbage. Putrescible waste is waste that decomposes and results in nuisance conditions. Putrescible waste is attractive to “vectors” – rats, crows, pigeons, and other vermin – which feed on the organic waste and then transport the germs, bacteria, and other disease-causing agents to areas outside the immediate facility, thus exposing children and adults to possible illness or other health-related conditions; and WHEREAS, the transfer station is located adjacent to an Environmental Justice (EJ) community, and is within 1,000 feet of Ezra Prentice Homes, a federal public housing complex; and WHEREAS, an EJ community is defined as a community consisting mostly of people of color and/or a majority of residents living at or below the poverty level, and where the community is already suffering from environmental burdens such as air and water pollution caused by industrial activities and the siting of pollution-generating entities such as landfills and incinerators; and WHEREAS, Albany’s South End, a designated EJ community, already suffers from major health issues related to thousands of diesel-engine trucks driving along South Pearl Street, general Port operations, a recycling center, Interstate 787, etc.; and WHEREAS, WM made the same proposal in 2009 and the people of Albany responded in opposition to WM using the South End as a dump for garbage brought into the community from eight counties outside of Albany and the DEC rejected WM’s proposed solid waste permit modification in 2009; and WHEREAS, WM says that fifty-five percent of the 165 to 170 garbage trucks a day that now only carry dry materials and recyclables to the transfer station, will be able to bring in putrescible MSW to Albany’s South End to be dumped on a cement floor and stored on tractor trailers for up to seven days before moving off-site. That 55% is equal to 412 tons of malodorous garbage a day being dumped on Albany’s South End, six days a week; and WHEREAS, WM states that the permit modification to allow WM to bring and dump garbage at its Port transfer station in Albany’s South End would be a “community benefit” by offering the City $1.00 per ton of the garbage they wish to dump on the South End, an EJ community that already suffers from extremely high rates of asthma-related emergency room visits, cancers related to environmental pollution exposure, and below average birth weights; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany, New York declares its opposition to Waste Management of New York, Inc.’s proposal to amend its solid waste permit to allow the transfer station it operates in the Port of Albany in Albany’s South End, a designated Environmental Justice Community to accept municipal solid waste; and BE IT FURTHER RESOLVED, that the Albany Common Council asks the New York State Department of Environmental Conservation to reject Waste Management’s permit modification request; and BE IT FURTHER RESOLVED, that copies of this resolution, suitably engrossed, be transmitted to: Basil Seggos, Commissioner, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233; Angelika Stewart, Environmental Analyst, Division of Permits, NYS Department of Environmental Conservation, 1130 North Westcott Road, Schenectady, NY 12306; and ATTN: Albany Transfer Station, Waste Management of New York, Inc., 100 Boat Street, Albany, NY 12202 To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: April 23, 2021 SPONSOR Council Members Frederick and Johnson RESOLUTION NUMBER 43.51.21R TITLE RESOLUTION OF THE COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNICIPAL SOLID WASTE GENERAL PURPOSE OF LEGISLATION Opposition to Waste Management of New York, Inc.’s proposal to amend it solid waste permit to allow it to accept municipal solid waste. FISCAL IMPACT(S) None. Council Members Love introduced the following: RESOLUTION NUMBER 44.51.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR WHEREAS, Benjamin G. Garland and the Garland Brothers Funeral home, established in 1929, have been fixtures in Arbor Hill committed to serving the community; and WHEREAS Benjamin G. Garland is the nephew of the late Benjamin H. Garland Sr and James Clifford Garland. Benjamin H. Garland Sr. and James Clifford Garland migrated north from DeKalb, Texas. Both brothers attended historically Black colleges with Benjamin H. attending and matriculating at Hampton Institute and James (“Doc”) matriculating at Fisk University; and WHEREAS, both brothers developed an interest in the funerary business and graduated with degrees in Mortuary Sciences one graduating from the New England School of Mortuary Science in Boston, Massachusetts and the other completing his studies at Worsham School of Mortuary Science in Chicago, Illinois. This was the beginning of the Garland Brothers Funeral homes of Albany and Syracuse; and WHEREAS, the Garland brothers belief in community activism and their commitment to advancing, advocating, and highlighting issues faced by the African American Community locally was passed on to Benjamin G. Garland ; and WHEREAS, The Garland Brothers Funeral Home, located on Clinton Avenue in Arbor Hill, is a fixture that has provided and continues to provide many services to the people and the community; and WHEREAS, Benjamin G. Garland, in 1969, with the passing of his uncle James Garland, took the over the Albany location. Benjamin G. Garland studied under the tutelage of Dr. Charlotte Hawkins Brown at Palmer Memorial Institute in Sedalia, North Carolina and graduated from the American Academy McAllister Institute of Funeral Services. He also apprenticed under his uncle and was employed at the Albany Medical Center Morgue and the United States Postal Service prior to assuming control over the Albany branch of Garland Brothers Funeral Home; NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany thanks Benjamin G. Garland for his commitment to the community, his years of service, and his dedication to the funerary business; and BE IT FINALLY RESOLVED, that a portion of Clinton Avenue between Hawk Street and Ludlow Alley at the intersection of Clinton Avenue and Hawk Street, shall be renamed “Benjamin G. Garland Way” in his Honor. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 31, 2021 SPONSOR Council Member Love RESOLUTION NUMBER 44.51.21R TITLE RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR GENERAL PURPOSE OF LEGISLATION Celebrating the contributions of Benjamin G. Garland to the Arbor Hill Community. FISCAL IMPACT(S) None. Council Member Anane introduced the following: RESOLUTION NUMBER 45.51.21R RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY WHEREAS, the number of people who rely on bicycling for commuting to work or for recreational activities has increased over the past decade; and WHEREAS, the growing bicycle-friendly road network throughout the City supports a safe and healthy transportation option that is paramount to achieving sustainability and enhancing the quality of life in the City; and WHEREAS, the City of Albany in partnership with League of American Bicyclists, the New York Bicycling Coalition, CDTC's Capital Coexist, the Albany Police Department, and the Albany Bicycling Coalition, have continued to look for opportunities to improve bicycling within the City; and WHEREAS, community organizations such as Capital Roots, among others, have made contributions to these efforts by donating and installing bike racks across the City to encourage larger participation in cycling as a means of transportation; and WHEREAS, these organizations, in cooperation with the City, have promoted greater public awareness of bicycle operation and safety education in an effort to reduce crashes, injuries and fatalities for all; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council hereby proclaims May 2021 as Bike Month in the City of Albany, and urges all motorists and bicyclists to follow New York State’s Vehicle and Traffic Law, and share the road respectfully and responsibly. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: April 23.2021 SPONSOR Councilmember Anane RESOLUTION NUMBER 45.51.21R TITLE RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION To declare the month of May, Bike Month in the City of Albany. This resolution is introduced to encourage residents to utilize bikes as a mode of transportation, cut down on vehicle emissions and bolster the use of our bicycle friendly road network. The City still has work to do to become completely bike friendly and accessible but this is one small effort to draw attention to the issue. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT(S) N/A MINUTES OF A REGULAR MEETING MONDAY, May 3, 2021 The Common Council was convened at 7:00 p.m. and was called to order by President Ellis. This meeting was held following Governor Cuomo’s executive order 202.1 and it live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. The roll being called, the following answered to their names: Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, Love, O’Brien, and Robinson Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, and Brett Williams Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1. Lauren Manning, 8 Tyler Trice Terrace, Albany, NY 12207 (Encampment on Arch Street and comments made by APD Police Chief) 2. Kelsey Whittington, 6 S. Lake Ave., Albany, NY (Local Law C) 3. Marco Flagg, 500 Park Ave, Albany, NY (Local Law C) 4. Robert Distelcamp III, Ward 6 near food co-op (Police responses to civilians and Local Law C) 5. Melanie Trimble, 41 State Street, Albany, NY 12207 (Local Law C) 6. Klarisse Torriente, 295 Hudson Ave, Albany, NY (Local Law C) 7. Sandra Steubing, 44 Summit Ave, Albany, NY 12209 (Climate Resolution, Local Law C, Racism in the Police Force) 8. Nairobi Vives-Chair of CPRB, 3 White Oak Ln, Albany, NY (Local Law C) 9. Sheina Saeger, 411 Ninth Street, Troy, NY (Encampment on Arch Street and Local Law C) 10. Juelz Figuereo & Mikala Foster, Saratoga Springs (Encampment on Arch Street, Social Justice, APD, Arrest of protesters during the first encampment) President Pro Tempore Kimbrough made a motion to extend public comment period for an additional 30 minutes, which was approved by unanimous voice consent. 11. Tasheca Medina, 72 Cleveland St., Albany, NY (Local Law C) 1 12. Tina Lieberman, 30 Aspen Circle, Albany, NY (Resolution 7.21.20R and Local Law C) 13. Molly Dunn, 422 Broadway, Saratoga Springs, NY (Local Law C) 14. Andy Kaier, 83 Spring Street, Albany, NY (Local Law C) 15. Tracy Sangare, 7 Cold Springs Dr., Clifton Park, NY (Local Law C) 16. Kiersten Westbrook, 820 New Scotland Ave, Albany, NY (Local Law C) 17. Abby Harris, (Ban on Tear Gas) 18. Katharine Harris, 96 Homestead Ave., Albany, NY (Green power and sustainability) 19. Alana Klein, 214 Jay St., Albany, NY (concern over the Police Chief and Albany Police Department) 20. Colin Clark, Albany, NY Resident (Local Law C) 21. Cecelia Mairead McElroy, University at Albany (Local Law C) 22. Olivia Dunn, (Local Law C) 23. Andrew Powers, Albany Resident, (APD’s Behavior) 24. Cait Denny, (Local Law C) 25. Jordan Ferraro, 8 South Allen, Albany, NY (Local Law C) 26. Sean Kelleher, 12 California Ave., Albany, NY (Local Law C) After the time period for public comment expired, the President declared the Public Comment Period closed. Approval of Minutes President Pro Tem Kimbrough made a motion to approve the minutes of April 19, 2021 meeting of the Council, which was duly seconded by Anane, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: President Pro Tem Kimbrough held the pending Local Laws on the agenda. REPORTS OF STANDING COMMITTEES: Planning, Economic Development, and Land Use Committee: Chair Fahey spoke regarding the upcoming committee meetings scheduled for May 4, 2021 and May 18, 2021 to continue the discussion of the USDO. On May 25, 2021 the committee will meet to discuss Ordinance 13.51.21 regarding small cell wireless facilities in city rights of way. During the May 25th meeting the committee will also review 37.42.21R which will authorize a right-of-way franchise agreement with Cellco Partnership D/B/A Verizon Wireless and 38.42.21 R providing a right-of-way franchise agreement with new Cingular wireless. Finance, Assessment, and Taxation Committee: Chair Farrell noted that the finance committee will meet Thursday, May 6 2021 which will include an update from the budget and treasurer’s office regarding the state of the City’s finances. During this meeting there will be continued discussion on Federal COVID-19 Stimulus, conversations on Local Law D of 2021, and Resolutions 25.31.21R, 33.41.21R and 34.41.21R General Services, Health and Environment Committee: Chair O’Brien discussed that the committee met on April 21, 2021 to consider resolution 102.111.20R regarding Edwin Sperber 2 and the honorary street renaming which unanimously passed out of committee with a favorable recommendation. Law, Buildings, and Code Enforcement Committee: Chair Igoe reported that the committee met on April 26, 2021 to discuss the housing legislation before it for review. During that meeting it was determined that there needed to be additional meetings and the committee will meet on May 10, 2021 to discuss Local Laws H and I of 2021 and then on May 13, 2021 to discuss Local Laws F and G of 2021. CONSIDERATION OF ORDINANCES Council Member Love noticed the introduction of Ordinance 12.51.21R as follows, which was held for further consideration: ORDINANCE 12.51.21R AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.06± acre parcel at 256 Livingston Avenue (Tax Map Parcel Number 65.65-5-16), be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Brenda Robinson. SUBJECT to all easements, restrictions, and rights of way of record. Section 2. It is hereby ordered and directed that all the right, title, and interest of the City of Albany in and to the 0.09± acre parcel at 258 Livingston Avenue (Tax Map Parcel Number 65.65-5-15), be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Brenda Robinson. SUBJECT to all easements, restrictions, and rights of way of record. Section 3. It is hereby determined that the aforesaid properties have been abandoned for municipal or public purposes. Section 4. The form, content, terms, and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for valuable consideration. Section 5. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 12.51.21 to Finance, Assessment, and Taxation for further consideration Council Member Fahey noticed the introduction of Ordinance 13.51.21 as follows, which was held for further consideration: 3 ORDINANCE 13.21.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to add a new Article VII, to be entitled “Small Cell Wireless Facilities in City Rights of Way,” to read as follows: § 323-100 Purpose and scope. A. The purpose of this Article is to establish uniform standards for the deployment and installation of Small Wireless Facilities in rights-of-way within the City’s jurisdiction, including, without limitation, to: (1) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; (2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; (3) Prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property; (4) Ensure that reasonable efforts are made to preserve the character of neighborhoods in which facilities are installed; (5) Protect against environmental damage, including damage to trees; and (6) Facilitate rapid deployment of Small Wireless Facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband, and emergency services to homes, businesses, schools, and other uses within the City. B. The City recognizes the importance of Small Wireless Facilities to provide high-quality communications and internet access to residents and businesses within the City. The City also recognizes its obligation to comply with applicable Federal and State laws regarding the placement of Small Wireless Facilities within the City's rights-of-way, including, without limitation, the federal Telecommunications Act, as codified at 47 U.S.C. §§ 253 and 332(c), and the federal Spectrum Act, as codified at 47 U.S.C. § 1455, and this Article shall be interpreted consistent with those provisions. C. To the extent that this Article may conflict with other sections of the Code of the City of Albany, this Article shall be controlling to the extent of such conflict. D. In establishing the rights, obligations, and conditions set forth in this Article, it is the intent of the City to treat each applicant and right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, while taking into account the unique technologies, situations, and legal status of each applicant or request for use of the right-of-way. § 323-101 Definitions. 4 Aesthetic Standards Shall mean such standards as may be published from time to time by the CPO, as consistent with this Article, which shall set forth rules and regulations for the siting and construction of Small Wireless Facilities within the City ROW. Applicable Law or Law Shall mean all federal, state, and local laws, statutes, codes, ordinances, resolutions, orders, rules, and regulations. CPO Shall mean the Chief Planning Official of the City of Albany, as that term is defined in the City of Albany Unified Sustainable Development Ordinance. Collocate Shall mean to attach, install, mount, maintain, modify, operate, and/or place one or more Facilities on an existing support structure. Deployment Shall mean the construction, repair, replacement, maintenance, attachment, installation, removal, reattachment, reinstallation, relocation, and/or operation of Facilities within the City ROW. Equipment Shall mean the radios, antennas, transmitters, and other wireless transmission or transport devices attached, mounted, or installed in the City ROW, including but not limited to control boxes, fiber optic and other cables, wires, conduit, power sources, grounding equipment, battery backup and other equipment, structures, and appurtenances which may be installed, maintained, operated and/or used for the purpose of Small Wireless Facilities Deployments. This definition shall include new types of telecommunications equipment that are substantially similar to Small Wireless Facilities existing as of the Effective Date of this Agreement, or that have reduced or less adverse impacts on the City ROW with respect to size, coverage/spacing requirements, and general physical characteristics. Facility or Facilities Shall mean any and all Equipment and installations of any kind owned and/or controlled by Carrier that are reasonably necessary and appropriate for the provision of Services. FCC Shall means the Federal Communications Commission of the United States. FCC Wireless Infrastructure Order Shall mean the Declaratory Ruling issued by the FCC on September 27, 2018 in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088). License Shall mean a non-exclusive right granted by the City to an Applicant to deploy Small Wireless Facilities on, over, under, upon, across, and/or along the City ROW. 5 Radiofrequency Emissions or RF Emissions Shall mean electromagnetic energy including radio waves and microwaves that are transmitted or received by Facilities. Right-of-Way or ROW Shall mean the space in, upon, above, under, along, across, and over the public streets, roads, highways, sidewalks, and public ways owned or controlled by and under the jurisdiction of the City, as the same now or may hereafter exist. This term shall not include: (a) any county, state, or federal ROW; (b) public utility easements, whether owned by the City or others, except as provided by applicable Laws or pursuant to any agreement between the City and any such person or entity; or (c) any property owned by the City that is not a public street, road, highway, sidewalk, or other public way, such as parks, City buildings, and property on which City buildings are located. Services Shall mean any telecommunications service provided by means of the Facilities installed by Carrier in accordance with this Agreement, for which Carrier holds a valid authorization issued by the FCC; or the leasing, operation, or maintenance of the same by Carrier in accordance with this Agreement. “Services” do not include cable service or open video services. Small Wireless Facility Shall mean a Facility that meets the definition of “Small Wireless Facility” set forth in 47 CFR § 1.6002. The term “Small Wireless Facility” includes associated Equipment and Facilities as defined in this Agreement, but does not include Support Structures to which such Equipment and Facilities are attached. Small Wireless Facility Permit Shall mean the authorization granted after review and approval by the CPO of an application for a Small Wireless Facility. Support Structure Shall mean a structure to which a Small Wireless Facility is or may be attached, including, but not limited to, existing support structures, support structures where facilities may be co-located, and support structures to be installed by the Carrier. § 323-102 License agreement and permit applications. A. The CPO shall develop and make available a uniform Master License Agreement to be executed by each Applicant seeking to deploy Small Wireless Facilities in the City ROW. The uniform Master License Agreement shall include all provisions necessary to ensure the overall interests of public health, safety, and welfare, including, but not limited to, the following provisions: (1) An acknowledgement that the licensee may not place a Small Wireless Facility in the ROW without first obtaining any necessary permits; (2) A requirement that all Small Wireless Facilities and related equipment must comply with FCC safety rules, regulations, and standards for RF emissions; 6 (3) A requirement that the installation, operation, and maintenance of Small Wireless Facilities shall adhere to all provisions of this Code, the aesthetic, safety and operating Standards, and all other applicable laws and regulations; (4) A requirement that Small Wireless Facilities may not obstruct, impede, or hinder the usual travel or public safety of pedestrians or vehicles on or in the ROW, and may not obstruct the legal use of the ROW by lawfully present utility providers; (5) A requirement that Small Wireless Facilities may not be installed or operated in a manner that violates the Americans with Disabilities Act; (6) A requirement that any licensee whose actions cause damage or interfere with the use of the ROW, or any objects located within the ROW, shall be responsible for any necessary repairs and/or restoration at the licensee's sole expense; (7) A requirement that the licensee shall be responsible for the payment of an annual fee for access to the ROW and/or attachment to City-owned structures in the ROW; (8) No exclusive, irrevocable property right or any other interest shall be created by the licensee; (9) The license agreement shall be in the general form as developed by the City; (10) The City, in applying the provisions of this Article, will act in a competitively neutral manner with regard to all other users of the right-of-way. B. An application for each Small Wireless Facility shall be submitted to the Chief Planning Official (“CPO”) for administrative review in accordance with this Article, the Unified Sustainable Development Ordinance, and all other applicable provisions of the Code. (1) All applicants shall initiate an informal pre-application meeting with the CPO to expedite the application review and permitting process by identifying and preliminarily addressing any significant issues or concerns the City or the applicant may have. Participation in a pre-application meeting shall not commence the applicable review period. (2) An applicant may combine into a single batch application up to ten (10) individual applications for permits for new Small Wireless Facilities to be located in the City ROW, provided that the proposed Small Wireless Facilities are of substantially the same design and style and are located within a single two (2) mile radius. (3) The CPO shall review each application on an expedited basis so as to comply with the “shot clocks” set forth in the FCC Wireless Infrastructure Order and all other requirements of the federal Telecommunications Act, as codified at 47 U.S.C. § 253 and 332(c), and the federal Spectrum Act, as codified at 47 U.S.C. § 1455. (4) The CPO shall review the permit application and shall prepare any findings and proposed conditions. The CPO shall, upon receipt of an application, forward copies to, and coordinate with, all other impacted City departments and agencies. (5) Within the time allowed under the “shot clocks” for approval or denial of a permit application, the CPO shall issue a decision that either approves, approves with conditions, or denies the requested permits, with the reasons for such decision set forth in writing and supported by specific findings of substantial evidence. 7 (6) In the even that an application is denied, the applicant may appeal such denial within thirty (30) days to the Board of Zoning Appeals of the City of Albany, pursuant to section 375-5 (D)(12)(b) of the City’s Unified Sustainable Development Ordinance. C. The CPO shall have the authority to adopt regulations governing the placement, modification, and maintenance of small wireless facilities in the City ROW in addition to but consistent with the requirements of this Article, including regulations related to collocation, the resolution of conflicting applications for placement of wireless telecommunications facilities, and aesthetic standards. The CPO shall have the authority to develop forms and procedures for submission of applications for small wireless facilities permits. D. The CPO shall have the power to establish reasonable and non-discriminatory limitations on the deployment of new or additional Small Wireless Facilities within congested segments of the City ROW if there is insufficient space to accommodate all of the requests of providers or other persons or entities seeking to occupy and use the City ROW. In making such decisions, the CPO shall accommodate, to the extent possible, all existing Small Wireless Facilities and those for which an application has been submitted but not yet determined. In determining priority beyond those applicants with vested interests, the CPO shall be guided by the following criteria, but may consider any other relevant criteria not here enumerated: (1) The width and physical condition of the City ROW; (2) The time of year with respect to essential utilities; (3) The protection of existing city facilities, utility infrastructure, and Small Wireless Facilities in the City ROW; (4) The availability of Services and any gaps in service; (5) Established plans for public improvements and development projects that have been determined to be in the public's interest; and (6) Consistency with the purposes of this Article and the Aesthetic, Safety and Operational Standards set forth in 323-104 and the rules, regulations and guidelines promulgated thereunder. E. In addition to obtaining a Small Wireless Facility Permit, applicants may be required to obtain additional permits including, but not limited to, building permit(s), electrical permit(s), grading permit(s), tree trimming application(s), street opening permit(s), sidewalk barricade permit(s), and/or certificate(s) of appropriateness. § 323-103 Permit fees and charges. A. The following non-recurring fees are required for each Small Wireless Facility and shall be due upon submission of the application therefor: (1) For collocations or facilities mounted on an existing or replacement Support Structure, $500.00 for a batch of five and $100.00 for each additional facility. (2) For new pole placements, $1,000.00 8 B. The following annual fees are required for each Small Wireless Facility: (1) For collocations or facilities mounted on an existing or replacement Support Structure, $135.00 per year. (2) For new pole placements, $270.00 per year. C. The first year’s annual fee shall be due within ninety (90) days of when the installation is complete and shall not be prorated, regardless of the date of such completion. For each subsequent year, the annual fee shall be due on or before January 31. § 323-104 Aesthetic standards. A. The CPO shall adopt Aesthetic Standards for Small Wireless Facilities consistent with the following requirements: (1) Small Wireless facilities shall not interfere with pedestrian or vehicle safety, the use of streets, sidewalks, alleys, parkways, and/or other public ways and places, the operation of traffic control equipment or sightlines at intersections, and shall not obstruct or hinder the usual travel use or public safety of the City ROW, or obstruct the legal use of the ROW by utilities. (2) Small Wireless Facilities shall not violate or materially interfere with compliance with the federal Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement. (3) The color of Small Wireless Facilities shall reasonably match the color of the support structure upon which they are attached. Reasonable, technically feasible, nondiscriminatory, and technologically neutral design and stealth concealment measures shall be required. New poles shall match the color and finish of existing decorative lighting or other poles in the area, (or black where no nearby poles exist). (4) Ground equipment should be minimal and the least intrusive. (5) The City desires and encourages collocations between multiple wireless service providers on the same support structure whenever feasible. If the applicant chooses to not collocate when options appear available, demonstrative proof must be provided as to why collocation is not feasible. (6) The following are the most preferred locations for the siting of new Small Wireless Facilities: (a) Non-historic buildings upon which the Small Wireless Facility can be camouflaged to match existing materials and texture; (b) Industrial Zoning Districts that are not adjacent to City parks, residential zones, or historic districts; or (c) Mixed-use Community Highway (MU-CH) zoning districts that are not adjacent to City parks, residential zones, or historic districts. (7) The following are the least preferred locations for the siting of new Small Wireless Facilities: 9 (a) Residential zoning districts; (b) Historic districts; both local and National Register districts; or (c) Mixed Use zoning districts. (8) The following list indicates the order of preference for support structures for Small Wireless Facilities: (a) Collocations on an existing Small Wireless Facility Support Structure; (b) Existing utility poles; (c) New poles; (d) Non-decorative municipal service poles; (e) Sign poles or other structures that are at least fifteen (15) feet tall; or (f) Decorative municipal service poles, which are the least preferred option. § 323-105 Violations. Any person or entity who violates this Article or fails to comply with the provisions of this Article shall be subject to a penalty of not less than two hundred and fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00). Each day such violation or failure to comply continues shall be considered a separate offense. Section 2. This ordinance shall take effect 30 days after enactment. President Pro Tem Kimbrough referred Ordinance 13.51.21 to Planning, Economic Development, and Land Use for further consideration CONSIDERATION OF RESOLUTIONS Council Member Farrell noticed the introduction of Resolution 41.51.21R as follows, which was held for further consideration: RESOLUTION NUMBER 41.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) WHEREAS, section 603(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 occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Corporation Counsel has requested to increase the salaries for one Paralegal position and two Confidential Secretary positions each from $37,458 to $39,331; and WHEREAS, this change will be budget neutral, because the Department proposes to reduce the salary of the one existing, currently vacant Assistant Corporation Counsel position from $85,000 to $79,381; and WHEREAS, these changes are reflected in the following charts: 10 Action Position Line From To Difference Decrease Assistant Corporation Counsel 1420.7000 $85,000 $79,381 $5,619 Total $5,619 Action Position Line From To Difference Increase Paralegal 1420.7000 $37,458 $39,331 $1,873 Increase Confidential Secretary 1420.7000 $37,458 $39,331 $1,873 Increase Confidential Secretary 1420.7000 $37,458 $39,331 $1,873 Total $5,619 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the increase in salary for one Paralegal and to Confidential Secretary positions, and a decrease in the salary of an Assistant Corporation Counsel position in the within the Department of Law for the 2021 budget year. President Pro Tem Kimbrough referred Resolution 41.51.21R to Finance, Assessment, and Taxation for further consideration Council Member Farrell noticed the introduction of Resolution 42.51.21R as follows, which was held for further consideration: A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) WHEREAS, section 306(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate total that occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Director of the Albany Community Development Agency (“ACDA”) has requested to create a Chief Financial Manager position with a salary of $66,000; and WHEREAS, in the past this role has been filled on a part-time basis by an outside contractor; and WHEREAS, the creation of this position will be budget neutral because the funds will come from Housing and Urban Development, which funds are currently reflected in ACDA’s “Contracted Services” budget line; and WHEREAS, these changes are reflected in the following chart: Action Title Line From To Difference Decrease Contracted Services 6410.7440 $3,891583 $3,820,804 $71,049 Total $71,049 11 Action Position Line From To Difference Create Chief Financial Manager 6410.7000 $0 $66,000 $66,000 Increase Social Security 6410.7801 $93,277 $98,326 $5,049 Total $71,049 NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting a salary total due to the creation of one Chief Financial Manager position within ACDA for the 2021 Budget Year. President Pro Tem Kimbrough referred Resolution 42.51.21R to Finance, Assessment, and Taxation for further consideration Council Member Frederick noticed the introduction of Resolution 43.51.21R as follows, which was introduced and adopted by a roll call vote: RESOLUTION NUMBER 43.51.21R RESOLUTION OF THE COMMON COUNCIL DECLARING ITS OPPOSITION TO WASTE MANAGEMENT OF NEW YORK, INC.’S PROPOSAL TO AMEND ITS SOLID WASTE PERMIT TO ALLOW THE TRANSFER STATION IT OPERATES IN ALBANY’S SOUTH END TO ACCEPT MUNICIPAL SOLID WASTE WHEREAS, Waste Management of New York, Inc. (WM) is proposing an amendment to its solid waste permit for the transfer station it operates in the Port of Albany (the Port) to allow WM accept municipal solid waste (MSW) at the transfer station; and WHEREAS, currently, WM is only permitted by the New York State Department of Environmental Conservation (DEC) to accept dry waste, such as construction and demolition debris (C&D) and recyclables at the Port transfer station; and WHEREAS, MSW is putrescible waste, more commonly referred to as garbage. Putrescible waste is waste that decomposes and results in nuisance conditions. Putrescible waste is attractive to “vectors” – rats, crows, pigeons, and other vermin – which feed on the organic waste and then transport the germs, bacteria, and other disease-causing agents to areas outside the immediate facility, thus exposing children and adults to possible illness or other health-related conditions; and WHEREAS, the transfer station is located adjacent to an Environmental Justice (EJ) community, and is within 1,000 feet of Ezra Prentice Homes, a federal public housing complex; and WHEREAS, an EJ community is defined as a community consisting mostly of people of color and/or a majority of residents living at or below the poverty level, and where the community is already suffering from environmental burdens such as air and water pollution caused by industrial activities and the siting of pollution-generating entities such as landfills and incinerators; and WHEREAS, Albany’s South End, a designated EJ community, already suffers from major health issues related to thousands of diesel-engine trucks driving along South Pearl Street, general Port operations, a recycling center, Interstate 787, etc.; and 12 WHEREAS, WM made the same proposal in 2009 and the people of Albany responded in opposition to WM using the South End as a dump for garbage brought into the community from eight counties outside of Albany and the DEC rejected WM’s proposed solid waste permit modification in 2009; and WHEREAS, WM says that fifty-five percent of the 165 to 170 garbage trucks a day that now only carry dry materials and recyclables to the transfer station, will be able to bring in putrescible MSW to Albany’s South End to be dumped on a cement floor and stored on tractor trailers for up to seven days before moving off-site. That 55% is equal to 412 tons of malodorous garbage a day being dumped on Albany’s South End, six days a week; and WHEREAS, WM states that the permit modification to allow WM to bring and dump garbage at its Port transfer station in Albany’s South End would be a “community benefit” by offering the City $1.00 per ton of the garbage they wish to dump on the South End, an EJ community that already suffers from extremely high rates of asthma-related emergency room visits, cancers related to environmental pollution exposure, and below average birth weights; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany, New York declares its opposition to Waste Management of New York, Inc.’s proposal to amend its solid waste permit to allow the transfer station it operates in the Port of Albany in Albany’s South End, a designated Environmental Justice Community to accept municipal solid waste; and BE IT FURTHER RESOLVED, that the Albany Common Council asks the New York State Department of Environmental Conservation to reject Waste Management’s permit modification request; and BE IT FURTHER RESOLVED, that copies of this resolution, suitably engrossed, be transmitted to: Basil Seggos, Commissioner, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233; Angelika Stewart, Environmental Analyst, Division of Permits, NYS Department of Environmental Conservation, 1130 North Westcott Road, Schenectady, NY 12306; and ATTN: Albany Transfer Station, Waste Management of New York, Inc., 100 Boat Street, Albany, NY 12202 The following Council Member(s) spoke prior to passage Frederick, Obrien, and Johnson There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: * Resolution 43.51.21R was co-sponsored by Council Members Anane, Balarin, Doesschate, Fahey, Flynn, Farrell, Hoey, Igoe, Kimbrough, Love, O’Brien, Robinson Affirmative – Anane, Balarin, Doesschate, Fahey, Flynn, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Love noticed the introduction of Resolution 44.51.21R as follows, which was introduced and adopted by a voice vote: RESOLUTION NUMBER 44.51.21R 13 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR WHEREAS, Benjamin G. Garland and the Garland Brothers Funeral home, established in 1929, have been fixtures in Arbor Hill committed to serving the community; and WHEREAS Benjamin G. Garland is the nephew of the late Benjamin H. Garland Sr and James Clifford Garland. Benjamin H. Garland Sr. and James Clifford Garland migrated north from DeKalb, Texas. Both brothers attended historically Black colleges with Benjamin H. attending and matriculating at Hampton Institute and James (“Doc”) matriculating at Fisk University; and WHEREAS, both brothers developed an interest in the funerary business and graduated with degrees in Mortuary Sciences one graduating from the New England School of Mortuary Science in Boston, Massachusetts and the other completing his studies at Worsham School of Mortuary Science in Chicago, Illinois. This was the beginning of the Garland Brothers Funeral homes of Albany and Syracuse; and WHEREAS, the Garland brothers belief in community activism and their commitment to advancing, advocating, and highlighting issues faced by the African American Community locally was passed on to Benjamin G. Garland ; and WHEREAS, The Garland Brothers Funeral Home, located on Clinton Avenue in Arbor Hill, is a fixture that has provided and continues to provide many services to the people and the community; and WHEREAS, Benjamin G. Garland, in 1969, with the passing of his uncle James Garland, took the over the Albany location. Benjamin G. Garland studied under the tutelage of Dr. Charlotte Hawkins Brown at Palmer Memorial Institute in Sedalia, North Carolina and graduated from the American Academy McAllister Institute of Funeral Services. He also apprenticed under his uncle and was employed at the Albany Medical Center Morgue and the United States Postal Service prior to assuming control over the Albany branch of Garland Brothers Funeral Home; NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany thanks Benjamin G. Garland for his commitment to the community, his years of service, and his dedication to the funerary business; and BE IT FINALLY RESOLVED, that a portion of Clinton Avenue between Hawk Street and Ludlow Alley at the intersection of Clinton Avenue and Hawk Street, shall be renamed “Benjamin G. Garland Way” in his Honor. President Pro Tem Kimbrough referred Resolution 44.51.21R to General Services, Health and Environment for further consideration Council Member Anane noticed the introduction of Resolution 45.51.21R as follows, which was introduced and adopted by a voice vote: RESOLUTION NUMBER 45.51.21R RESOLUTION OF THE COMMON COUNCIL PROCLAIMING MAY 2021 AS BIKE MONTH IN THE CITY OF ALBANY WHEREAS, the number of people who rely on bicycling for commuting to work or for recreational activities has increased over the past decade; and WHEREAS, the growing bicycle-friendly road network throughout the City supports a safe and healthy transportation option that is paramount to achieving sustainability and enhancing the quality of life in the City; and 14 WHEREAS, the City of Albany in partnership with League of American Bicyclists, the New York Bicycling Coalition, CDTC's Capital Coexist, the Albany Police Department, and the Albany Bicycling Coalition, have continued to look for opportunities to improve bicycling within the City; and WHEREAS, community organizations such as Capital Roots, among others, have made contributions to these efforts by donating and installing bike racks across the City to encourage larger participation in cycling as a means of transportation; and WHEREAS, these organizations, in cooperation with the City, have promoted greater public awareness of bicycle operation and safety education in an effort to reduce crashes, injuries and fatalities for all; NOW, THEREFORE, BE IT RESOLVED, that the City of Albany Common Council hereby proclaims May 2021 as Bike Month in the City of Albany, and urges all motorists and bicyclists to follow New York State’s Vehicle and Traffic Law, and share the road respectfully and responsibly. The following Council Member(s) spoke prior to its passage Anane. There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: * Resolution 45.51.21R was co-sponsored by Council Members Balarin, Doesschate, Fahey, Flynn, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative – Anane, Balarin, Doesschate, Fahey, Flynn, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Anane noticed Resolution 7.21.20R as follows, which was adopted by a voice vote: RESOLUTION NUMBER 7.21.20R (As Amended 04/23/2021) RESOLUTION DECLARING A CLIMATE EMERGENCY AND CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE WHEREAS, on April 22, 2016, world leaders from 174 countries and the European Union recognized the threat of climate change and the urgent need to combat it by signing the Paris Agreement, agreeing to keep global warming well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C; and WHEREAS, on October 8, 2018, the United Nations International Panel on Climate Change (“IPCC”) released a special report, which projected that limiting warming to the 1.5°C target this century will require an unprecedented transformation of every sector of the global economy over the next 12 years; and WHEREAS, on November 23, 2018, the United States Fourth National Climate Assessment (“NCA4”) was released and details the massive threat that climate change poses to the American economy, our environment and climate stability, and underscores the need for 15 immediate action to address a climate emergency at all levels of government; and WHEREAS, according to the National Aeronautics and Space Administration (NASA)’s Goddard Institute for Space Studies (GISS), global temperatures in 2018 were 83°C (1.5°F) warmer than the 1951 to 1980 mean, and the past five years are collectively the warmest in modern history; and WHEREAS, the increased and intensifying wildfires, floods, rising seas, diseases, droughts and extreme weather brought on by global warming demonstrate that a heating Earth creates an unsafe environment for all living creatures; and WHEREAS, World Wildlife Fund’s 2018 Living Planet report finds that there has been a 60% decline in global wildlife populations between 1970 and 2014, with causes including overfishing, pollution and climate change; WHEREAS, according to the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, human activity has already severely altered 40% of the marine environment, 50% of inland waterways, and 75% of the planet’s land, and it is projected that half- to-one million species are threatened with extinction, many within the next few decades; and WHEREAS, restoring a safe and stable climate requires accelerated actions to reach net zero greenhouse gas emissions across all sectors to end the 6th mass extinction of species, and to protect all people and species from the increasingly severe consequences of climate change; and WHEREAS, a sweeping transition to clean energy systems that centers on equity and justice in their solutions is vital to our future and must include the following goals: dramatically expand existing renewable power sources and deploy new production capacity with the goal of meeting 100% of national power demand through renewable sources; build a national, energy- efficient, “smart” grid; upgrade every residential and industrial building for state-of-the-art energy efficiency, comfort and safety; eliminate greenhouse gas emissions from manufacturing, agricultural and other industries, including by investing in local-scale agriculture in communities across the country; repair and improve transportation and other infrastructure, and upgrade water infrastructure to ensure universal access to clean water; fund massive investment in the decrease of greenhouse gases; and WHEREAS, marginalized populations, including people of color, immigrants, indigenous communities, low-income individuals, people with disabilities, and the unhoused are already disproportionately affected by climate change, and will continue to bear an excess burden as temperatures increase, oceans rise, and disasters worsen; and WHEREAS, addressing climate change fairly requires transitioning from fossil fuels to clean, renewable energy that is ecologically sustainable and equitable for all people, especially those most impacted by climate change already and those who will be most impacted in the future; and WHEREAS, people around the world have a fundamental human right to clean, healthy and adequate air, water, land, food, education, healthcare, and shelter; and WHEREAS, the economy must shift from dirty energy that benefits fossil fuel companies 16 to energy democracy that benefits our people, environment and a clean, renewable energy economy, from funding new highways to expanding public transit, from incinerators and landfills to an emphasis on zero waste, from industrial food systems to food sovereignty, from car- dependent sprawl and destructive unbridled growth to smart urban development without displacement, and from destructive over-development to habitat and ecosystem restoration; and WHEREAS, building a society that is resilient to the current, expected, and potential effects of climate change will protect health, lives, ecosystems, and economies, and such resilience efforts will have the greatest positive impact if the most dramatic potential consequences of climate change are taken into account; and WHEREAS, climate justice calls for climate resilience planning that addresses the specific experiences, vulnerabilities, and needs of marginalized communities within the City of Albany, who must be included and supported in actively engaging in climate resilience planning, policy, and actions; and WHEREAS, actions to eliminate greenhouse gas emissions and/or decrease greenhouse gases may be taken in ways that also improve resilience to the effects of climate change, and vice versa; and WHEREAS, climate justice requires that frontline communities that have historically borne the brunt of the extractive fossil-fuel economy, participate actively in the planning and implementation of this mobilization effort to address climate change at all levels of government and that they benefit first from the transition to a renewable energy economy; and WHEREAS, nearly 400 cities, districts and counties across the world representing over 34 million people collectively have recently declared or officially acknowledged the existence of a global climate emergency, including New York City, Hoboken, San Francisco, Berkeley, Los Angeles, Montgomery County, Oakland, Richmond, and Santa Cruz in the United States, Bristol and London in the United Kingdom and many cities in Australia, Canada, and Switzerland; and WHEREAS, the City of Albany, as the capital of one of the largest states in the country, can act as a global leader by converting to an ecologically, socially, and economically regenerative economy at emergency speed; and WHEREAS, the City may further demonstrate leadership by organizing a rapid transition to electrification of buildings and transportation fueled by renewable energy; now THEREFORE BE IT RESOLVED, the Albany Common Council declares a climate emergency and calls for an immediate emergency mobilization to restore a safe climate. BE IT FURTHER RESOLVED, that the City of Albany reaffirms its goal to achieve a 40% reduction in city-wide greenhouse gas emissions by 2030, a goal set forth by the 2019 NYS Climate Leadership and Community Protection Act. BE IT FURTHER RESOLVED, that based on existing data sources, the City of Albany calls for a 40% reduction over 2010 levels by 2030, using those levels established by the Capital District 2010 Regional Greenhouse Gas Inventory. 17 BE IT FURTHER RESOLVED, that the City of Albany shall promote energy solutions that reduce carbon emissions in buildings and transportation, such as energy efficiency programs, on-site power generation, electrification and renewably-sourced energy. BE IT FURTHER RESOLVED, that the City of Albany shall support and encourage both municipal departments and City residents to transition to electric vehicles while increasing the safety, viability and attractiveness of such other modes of transportation as mass transit, bicycling, and walking, including through implementation of the City’s 2020 Bicycle and Pedestrian Master Plan. BE IT FURTHER RESOLVED, that the City of Albany shall reduce the amount of food waste entering the landfill - thereby reducing the methane it produces - by encouraging residents, businesses and City government to reduce wasted food, rescue edible food wherever possible, and utilize available community and backyard composting of food scraps. Further, the City will support utilizing the resulting compost to improve the fertility of city soil for local food production, thereby increasing our climate resiliency and local food sovereignty. BE IT FURTHER RESOLVED, that the City of Albany shall strive to support the Earth’s natural ability to capture carbon by promoting the creation of green spaces, gardens, urban forestry, and soil carbon farming practices in general. BE IT FURTHER RESOLVED, that the City of Albany recognizes the disproportionate impact that climate change has upon vulnerable low-income and communities of color, and will strive to ensure that matters of climate justice - equity, access, race and class - are given central priority in drafting climate policy. BE IT FURTHER RESOLVED, that the City of Albany shall renew efforts to enact the policies articulated in the 2012 Albany Climate Action Plan, the 2013 Albany Climate Change Vulnerability Assessment and Adaptation Plan, and other plans that may address climate change in the City of Albany. BE IT FINALLY RESOLVED, that a representative from the Albany Common Council will work with a representative from the Albany Sustainability Advisory Committee and the City Energy Manager as well as other administrative personnel to establish clear, concrete action steps to implement each of the recommendations enumerated above to enable the City of Albany to meet its stated goals and the urgent need of the moment. The following Council Member(s) spoke prior to passage Anane There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: * Resolution 7.21.20R was co-sponsored by Council Members Balarin, Doesschate, Fahey, Flynn, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative – Anane, Balarin, Doesschate, Fahey, Flynn, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 14 Negative 0 Abstain 0 18 Council Member Kimbrough noticed Resolution 102.111.20R as follows, which was adopted by a voice vote: RESOLUTION NUMBER 102.111.20R (As Amended 04/21/2021) A RESOLUTION HONORING THE LIFE AND LEGACY OF EDWIN H. SPERBER AND NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY” WHEREAS, Edwin H. Sperber, the ubiquitous Albany business presence behind Huck Finn’s Warehouse and other ventures, was also a quietly effective philanthropist who advocated for kidney donations after giving one of his own to his daughter. He was, in his 98 years, more than just a force; and WHEREAS, “He was the force," said his son, Jeffrey. "He impacted so many people, but nobody ever knew he was doing it. . . . He liked helping people that needed it out of the limelight.”; and WHEREAS, the longtime businessman and benefactor died Sunday, July 5, 2020, at age 98 in his Albany home, surrounded by family, after suffering a fall and subsequent decline.; and WHEREAS, Sperber’s life spanned decades and dozens of businesses, both in the Capital Region and beyond. His first, in the 1950s, was the Lansing Brothers china and glass store, which he and his wife, Rhoda, ultimately purchased and developed into a bridal registry shop — one of the first anywhere. In 1963, he and his brother Bob opened the Huck Finn Pottery Store on Western Avenue, naming it with a Mark Twain allusion because the Tom Sawyer Motel stood next door; and WHEREAS, over the years Sperber opened another 25 shops in New York, New Jersey, Massachusetts, and Connecticut, but Huck Finn’s furniture store remained a Capital Region icon — eventually moving into a warehouse on Erie Boulevard with Huck himself, barefoot and straw-hatted, gazing down at visitors; and WHEREAS, the son of Samuel and Elizabeth Sperber, the man known as “Mr. Downtown” served in the army during World War II and made his life with Rhoda, whom he married in 1946; she died in 2005. They had two sons, Jeffrey and Reid, and a daughter, Barbara — who received her father’s kidney in Boston, Jeffrey said, well before the procedure had been attempted in Albany. By 1970, his parents had chartered what is now known as the Northeast Kidney Foundation. The foundation says it was started in 1974 thanks to a philanthropic gift from the Sperbers; and WHEREAS, “This experience taught me the great importance of providing support services to patients and family members living with this illness,” he wrote in a letter to the Times Union. “That is why we founded the local organization.”; and WHEREAS, although news outlets covered his work with the foundation, Sperber never trumpeted his philanthropy. That wasn’t in his nature, his son said. “It sounds funny, but it took his passing for me to have the opportunity to tell the rest of the community about how wonderful he was. . . He would be very humbled by getting the attention and tribute,” Jeffrey Sperber said; and WHEREAS, from his start as a shop owner, Ed Sperber was active in the city’s business community. After the Harriman state office campus was constructed in the 1960s, sucking workers away from city retailers, he lobbied Mayor Erastus Corning for ways to aid local businesses. ‘That’s how he became ‘Mr. Downtown,’” Jeffrey Sperber said. “He went to the mayor and said, ‘Look at all the businesses that are gonna die down here, and you’re gonna have a big cavity.’”; and WHEREAS, in response, Corning tapped Sperber to assemble and chair a team of businesspeople — “He said, ‘I like your grit’” — and cook up ways to encourage downtown shopping, efforts that included shuttle services and construction of parking garages. Sperber later became involved with the development of the Empire State Plaza; he also served on an abundance of boards, including the Retail Council of New York State, the Albany Parking Authority, and various health and human service organizations; and WHEREAS, five years ago, Huck Finn’s evolved once more as Sperber's sons acquired the old Hoffman’s Playland and moved its amusement-park rides next to the Warehouse on Erie Boulevard. “Mr. 19 Downtown” was then 93 and still heading into the office for an hour or two each day, Jeffrey recalled. “He said, ‘You know, I could never be prouder of you guys. Not only do you have the business acumen but the heart, and you know, the commitment to the community that I tried to live by my whole life.’”; and WHEREAS, after it opened, Sperber headed down each night to get a cone and watch children on the rides. He felt good, his son said, about the “Huck Finn family, as he liked to call it.”; and WHEREAS, “He just had a really good moral compass. . . . You know, it was just in his blood to be a giver,” said Jeffrey Sperber, reflecting on his father’s contributions. These days, people think of business as “just all about earning money. And he really did go into business to try to earn a living for his family. But once he got into it, he had a greater calling.”; and WHEREAS, after all his hard work and all it brought him, Sperber remained grateful — and determined to keep looking for opportunities to help. “You know the expression ‘pay it forward’?” his son asked. “He was doing that 40 years before anyone said that.”; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany recognizes Edwin H. Sperber’s life and contribution to the City of Albany; and BE IT FURTHER, RESOLVED, that Erie Boulevard at the corner of North Ferry Street shall be named “Edwin H. Sperber Way”. The following Council Member(s) spoke on the legislation before its passage: Kimbrough, Johnson, and Ellis There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: * Resolution 102.111.20R was co-sponsored by Council Members Anane, Balarin, Doesschate, Fahey, Flynn, Farrell, Frederick, Hoey, Igoe, Love, O’Brien, Robinson Affirmative – Anane, Balarin, Doesschate, Fahey, Flynn, Farrell, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the pending Resolutions on the agenda for further consideration MISCELLANEOUS AND UNFINISHED BUSINESS Council Member Johnson spoke regarding the South Station incident and the comments from the protestors and his concerns with how police responded to protestors and heightening of the situation. ADJOURNMENT: There being no further business, President Pro Tem Kimbrough made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximate 8:43pm. DANIELLE GILLESPIE City Clerk of the City of Albany and Clerk to the Common Council 20