1. Active Calendar 1.I. 21 Agenda 517 Documents: 21 AGENDA 0517.PDF 1.I.i. Active Calendar May 17, 2021 Documents: ACTIVE CALENDAR MAY 17 2021.PDF 2. Supporting Legislation 2.I. Supporting Legislation May 17, 2021 Documents: SUPPORT LEGISLATION MAY 17 2021.PDF 3. Minutes 3.I. May 17, 2021 Meeting Minutes Documents: 21 MINUTES 0517.PDF 4. Majority Consent (MC) 4.I. Majority Consent Items 49.52.21R(MC) & 48.52.21R(MC) Documents: RESOLUTION 49.52.21R (MC) [FLYNN] LIGHTS IN THE PARK.PDF 4.I.i. Majority Consent Item(S) 48.52.21R Honoring The Sainato Family Documents: RESOLUTION 48.52.21R (MC) [DOESSCHATE] HONORING THE SAINATO FAMILY ON THE SUCCESSFUL OPERATION OF THEIR WELL- LOVE BUSINESS, SAINATO MARKET.PDF 5. Supporting Document 6. Public Comment AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, May 17, 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 14.52.21 AN ORDINANCE AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY-OWNED DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET 15.52.21 AN ORDINANCE AMENDING ARTICLE III (PAVEMENT OPENINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPENING AND REPAIR OF SIDEWALKS, STREETS, AND OTHER PAVEMENTS 16.52.21 AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 21 AND 23 LARK STREET 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* 18. Love Ordinance Number 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 *Referred to Finance, Assessment & Taxation Committee* 19. Fahey Ordinance Number 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” *Referred to Planning, Economic Development, and Land Use Committee* RESOLUTIONS INTRODUCED 46.52.21R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 6428 AND ASSEMBLY BILL NO. 3058 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 VEHICLE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT” 47.52.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY REQUESTING IMMEDIATE ACTION BY OUT STATE AND FEDERAL OFFICIALS TO UNDERTAKE A THOROUGH AND COMPLETE EVALUTION OF THE USE OF CHEMICAL GAS ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE WHETHER TO BAN ITS USE 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. 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 5. 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 6. 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 7. 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) 8. 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) 9. 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 10. 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* 11. Finance Resolution Number 41.51.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) *Referred to Finance, Assessment, & Taxation Committee* 12. Finance 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)*Referred to Finance, Assessment, & Taxation Committee* 13. Love 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 *Referred to General Services, Health and Environment* Page 1 of 3 Albany Common Council Active Calendar Meeting of Monday, May 17, 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 (c) 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 (c) 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 (b) 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 (b) 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 3 “RENTAL OCCUPANCY PERMIT AND RENTAL DWELLING RESIDENCY” IN RELATION TO THE CITY’S RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY PROGRAMS Resolutions Introduced (a) 46.52.21R Conti RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 6428 AND ASSEMBLY BILL NO. 3058 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 VEHICLE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT” Resolutions Held 33.41.21R 7 Finance 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) Resolutions Held 34.41.21R 8 Finance 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) Page 3 of 3 (a) Pending discussions at Caucus on May 12, 2021 @ 5:30PM VIA ZOOM (b) Pending discussions at Law, Building and Code Enforcement Committee Meeting on May 10, 2021 @ 5:30pm VIA ZOOM (c) Pending discussion at Law, Building and Code Enforcement Committee meeting on May 13, 2021 @ 5:30PM VIA ZOOM (05/07/2021) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION MAY 17, 2021 ORDINANCES 14.52.21 AN ORDINANCE AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY-OWNED DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET 15.52.21 AN ORDINANCE AMENDING ARTICLE III (PAVEMENT OPENINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPENING AND REPAIR OF SIDEWALKS, STREETS, AND OTHER PAVEMENTS 16.52.21 AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 21 AND 23 LARK STREET RESOLUTIONS 46.52.21R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 6428 AND ASSEMBLY BILL NO. 3058 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 VEHICLE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT” 47.52.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY REQUESTING IMMEDIATE ACTION BY OUT STATE AND FEDERAL OFFICIALS TO UNDERTAKE A THOROUGH AND COMPLETE EVALUTION OF THE USE OF CHEMICAL GAS ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE WHETHER TO BAN ITS USE Council Members Frederick and Johnson introduced the following: ORDINANCE 14.52.21 AN ORDINANCE AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY-OWNED DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET 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 a 0.42± acre portion of the Delaware Paper Street, which portion borders 254 South Swan Street and 99 Slingerland Street, and is more fully described in the legal description and survey map attached hereto, be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to Burke Community Service Corporation. 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 a 0.93± acre portion of the Alexander Paper Street, which portion borders 150- 168 Third Avenue, 164 South Hawk Street, 180 South Hawk Street, 44 South Dove Street, and 166 Delaware Street, and is more fully described in the legal description and survey map attached hereto, be sold at private sale pursuant to the provisions of Local Law No. 4 to Burke Community Service Corporation. 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 7TH DAY OF MAY, 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: May 4, 2021 SPONSOR Council Members Frederick and Johnson ORDINANCE 14.52.21 TITLE AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY-OWNED DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET GENERAL PURPOSE OF LEGISLATION Green Tech Charter High School currently leases its building(s) and grounds from Burke Community Service Corporation, an entity under the aegis of the Roman Catholic Diocese of Albany. Green Tech is in the process of attempting to purchase from the Diocese the land and building(s) it currently leases. However, there are two paper streets that run through and between the parcels Green Tech seeks to purchase from the Diocese: the Delaware Paper Street and the Alexander Paper Street. In order for Green Tech to be able to purchase its entire, contiguous grounds, the City needs to sell portions of these paper streets to the Diocese, which it will then, in turn, sell to Green Tech. The portions of the paper streets to be sold are shown shaded in red on the survey map annexed hereto, and are described more fully in the legal descriptions also attached herewith. The City will not receive monetary remuneration for this transaction. Instead, in exchange for the paper streets, the City will receive an easement to construct a walking path where an informal “goat track” currently exists across the Green Tech/Diocesan property, between the end of South Swan Street and the cul-de-sac at the end of Boenau Street. This project and the sale of City-owned property related thereto have received approval from the Technical Review Committee NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The sale of City-owned property requires Common Council approval. FISCAL IMPACT(S) There will be no direct fiscal impact because of this sale. Two appraisal reports prepared by Conti Appraisal and Consulting are annexed hereto. One report appraises the value of the two paper streets to be sold at a combined $45,000. The other report ascribes a combined value of $70,000 to the permanent easement rights the City will obtain. LEGAL DESCRIPTION OF A PORTION OF ALEXANDER STREET CITY OF ALBANY, COUNTY OF ALBANY, STATE OF NEW YORK ALL THAT TRACT, PIECE, OR PARCEL OF LAND, situate, lying and being in the City of Albany, County of Albany and State of New York: BEGINNING at a point of intersection between southerly bounds of Alexander Street with the easterly bounds of Moore Street; THENCE northerly along the easterly bounds of Moore Street for a distance of 55.00 feet to its intersection with the northerly bounds of Alexander Street; THENCE easterly along the northerly bounds of Alexander Street for a distance of 588.2 feet more or less to its intersection with the easterly bounds of the former South Swan Street right-of- way (closed by common council July 6, 1969); THENCE northerly along the easterly bounds of the former South Swan Street right-of-way (closed by common council July 6, 1969) for a distance of 62 feet more or less to a point 200 feet southerly of the southerly bounds of Delaware Street; THENCE easterly, 200 feet south of and parallel to the southerly bounds of Delaware Street for a distance of 601.77 feet to a point; THENCE southerly along the lands now or formerly of Creighton Storey Homes LP for a distance of 50.00 feet to a point; THENCE westerly continuing along the southerly bounds of Alexander Street for a distance of 452.6 feet to an angle point in the southerly bounds of Alexander Street; THENCE westerly continuing along the southerly bounds of Alexander Street for a distance of 472.3 feet to the point the POINT OF BEGINNING. SUBJECT TO maintenance, repair and/or replacement of any City of Albany utiliti9es within the former right-of-way of Alexander Street. SUBJECT TO all easements, restrictions and rights-of-way of record. Containing 53,131 Square Feet or 1.22 Acres more or less. Date: 8/26/20 Job No.: File: S;/docs/Greg?Greentech-Alexander-LD LEGAL DESCRIPTION OF A PORTION OF DELAWARE STREET CITY OF ALBANY, COUNTY OF ALBANY, STATE OF NEW YORK ALL THAT TRACT, PIECE, OR PARCEL OF LAND, situate, lying and being in the City of Albany, County of Albany, and State of New York: BEGINNING at a point of intersection between northerly bounds of Delaware Street with the westerly bounds of South Swan Street; THENCE westerly along the northerly bounds of Delaware Street for a distance of 362.00 feet to a point; THENCE southerly through Delaware Street and parallel to the westerly bounds of South Swan Street for a distance of 50.00 feet to a point on the southerly bounds of Delaware Street; THENCE easterly along the southerly bounds of Delaware Street for a distance of 362.00 feet to a point; THENCE northerly along the westerly bounds of South Swan Street for a distance of 50.00 feet to the POINT OF BEGINNING. SUBJECT TO maintenance, repair and/or replacement of any City of Albany utilities within the former right-of-way of Delaware Street. SUBJECT TO all easements, restrictions and rights-of-way of record. Containing 18,100 Square Feet or 0.45 Acres more or less. Date: 8/26/2020 Job NO.:2020-0205 File: S;/docs/Greg/Greentech-Delaware-LD Council Member _______ introduced the following: ORDINANCE 15.52.21 AN ORDINANCE AMENDING ARTICLE III (PAVEMENT OPENINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPENING AND REPAIR OF SIDEWALKS, STREETS, AND OTHER PAVEMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Sections 323-66 (Permits required; fee, transferability), 323-37 (Public notification of street closing), and 323-68 (Application for permits) of Article III (Pavement Openings) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany are hereby amended to read as follows: § 323-66 Permits required; fee, transferability. A. No person, other than a duly authorized City officer or employee, shall make any openings or remove any pavements or sidewalks in any street, avenue, alley, curb or public place in the City of Albany without a permit from the Commissioner of the Department of General Services or his designee. B. The fee for a permit shall be $65 set by the Commissioner of the Department of General Services. The fee for the opening shall be $5 per square foot. Should an opening require a fee of $2,500 or more, the Commissioner or his designee may require the party making the opening to post a performance bond of 10% of the expected cost of repair, which bond will be returned to the party making the opening upon completion and approval of the repair by a City inspector. C. Permits issued hereunder shall not be transferable. D. In an emergency situation requiring the immediate opening or removal of any pavements or sidewalks in any street, avenue, alley, curb or public place a permit must be filed with the Department of General Services within 72 hours of the opening or removal, or the Commissioner of the Department of General Services or his designee may impose a fine on the party that performed the opening or removal in accordance with § 323-76 of this Article. § 323-67 Public notification of street closing. A. Whenever a street or a portion of a street is to be closed to traffic or parking is to be prohibited, or there is to be a disturbance in the public right of way for eight or more hours on one day or over a period of several days, the Commissioner may require, as a condition of the issuance of a permit under § 323-66, a program of public notification which may include the following: (1) Notification of scheduled work in the public service section of a local newspaper of general circulation in advance of the commencement of such work.] (2) (1) Direct contact with residents on affected street through circular or leaflet. (3) (2) The publication of a display advertisement in at least one local newspaper of general circulation. (4) (3) Signage at the work site. (4) Publication of the notification on City of Albany social media accounts. B. Notification should include expected date and time of commencement and completion of work, hours that the street shall be closed to traffic, the date and times temporary parking permits will be in effect and the availability of alternate routes, if applicable. § 323-68 Application for Permits. Application for a permit shall be made to the Commissioner of the Department of General Services or his designee, on provided forms, which shall describe the location, number, purpose and size of the openings to be made, the kind of pavement or sidewalk to be removed, the time when such openings are desired and the length of time the openings will remain open, together with such other information regarding the work as the Commissioner of the Department of General Services or his designee may require. Section 2. The title of Section 323-70 (Replacement of existing pavement) of Article III (Pavement Openings) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 323-70 Replacement of existing payment pavement. Section 3. Section 323-75.1 (Capital Improvements) of Article III (Pavement Openings) of Chapter 323 (Streets and Sidewalks) of the Code of the City of Albany is hereby amended to read as follows: § 323-75.1 Capital Improvements. All persons, corporations or other entities proposing to install or repair pipe, cable, wire, conduit or other facilities in, on or over any street or sidewalk, or within a public right of way in the City of Albany or otherwise dig in or open the same shall be responsible for reviewing the City's list of streets and sidewalks scheduled for repair or reconstruction, to be prepared and maintained by the Department of General Services, and shall make provision to do any work, except emergency work, which requires the opening or use of any such street or sidewalk prior to or during the construction of the project undertaken by the City. No permit to use or open any street or sidewalk which would require resurfacing or reconstruction, except for emergency work as hereinafter provided, shall be issued to any such person within a five-year period after the completion of the construction of a capital project by the City relating to such street or sidewalk unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing, the Commissioner of General Services may issue a permit to open a street within such five-year period upon a finding of necessity therefor, subject to such conditions as the Commissioner may establish by rule, which shall include appropriate guarantees against the deterioration of the restored pavement and may include a higher fee structure. Section 4. Section 323-76 (Penalties for offenses) of Article III (Pavement Openings) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 323-76 Penalties for offenses. Violations of any of the provisions [hereof] of this Article shall be punishable [in accordance with Chapter 258, Penalties, of the Code of the City of Albany] by a fine which shall not exceed $1,000. The Court shall award associated Court costs upon any plea or finding of guilt. APPROVED AS TO FORM THIS 6TH DAY OF MAY, 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: May 6, 2021 Sponsor: To be determined ORDINANCE 15.52.21 TITLE AN ORDINANCE AMENDING ARTICLE III (PAVEMENT OPENINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPENING AND REPAIR OF SIDEWALKS, STREETS, AND OTHER PAVEMENTS GENERAL PURPOSE OF LEGISLATION This ordinance modernizes the law relating to the opening of City streets and sidewalks by private entities, makes it more flexible, and brings such work in public rights of way under its purview. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Section 1 of this ordinance amends § 323-66 do away with the existing $65 permit fee for opening pavement replace it with a discretionary amount to be set by the Commissioner of DGS. This enables the fee to keep up with the times and with inflation without the need for repeated legislative action. Under the amendments to this section, and to § 323-68, a designee of the Commissioner will also now be able to issue such permits, making the process quicker and more flexible. This ordinance also provides for a new bond requirement, so that any entity undertaking a larger opening will have to post a 10% performance bond, which will be returned upon completion of repairs, to the satisfaction of a City inspector. Section 323-66 will also now require that entities who open streets and sidewalks for emergency reasons must still take out a permit within 72 hours, lest they be levied a fine. Section 1 also adds new language in § 323-67 (and Section 3 does so in § 323-75.1) regarding disturbances in the public right of way to cover the work performed over and on such rights of way mostly by utility and telecommunications companies for work on cellular and small cell facilities. These amendments will to ensure that they must notify the public about their work, which can be disruptive even though it may not necessarily disturb streets or the pavement itself. This section also does away with the antiquated and redundant requirement that scheduled disruptions be noticed in the “public service section” of a local newspaper and adds the option to communicate such disturbances through the City’s various social media accounts. Section 2 corrects a typo in the title of § 323-70, which is currently “Replacement of existing payment.” The word “payment” is replaced with the correct word: “pavement.” Section 4 increases the penalties and fine amounts the Commissioner can impose for violations of this Article. § 323-76 had referred to the penalty provisions of Chapter 258, which allows for fines not to exceed $500, but also provides for supersession. This amendment supersedes Chapter 258 and allows the Commissioner to impose a fine of up to $1,000 instead. FISCAL IMPACT The Commissioner will now have the discretion to set the fees for openings, which will likely bring in more revenue than the current $65 fee. The Commissioner will also be empowered to set fines up to double the current $500 amount. Council Members Love introduced the following: ORDINANCE 16.52.21 AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 21 AND 23 LARK STREET 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 the vacant lots located at 21(Tax Map Parcel Number 65.65-5-18) and 23 (Tax Map Parcel Number 65.65-5-19)Lark Street be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Dr. 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 7TH DAY OF MAY, 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: May 7, 2021 SPONSOR Council Member Love ORDINANCE 16.52.21 TITLE AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 21 AND 23 LARK STREET GENERAL PURPOSE OF LEGISLATION The adjacent property owner, Dr. Brenda Robinson, wishes to purchase these properties. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The sale of City-owned property requires Common Council approval. FISCAL IMPACT(S) There will be no direct fiscal impact because of this sale. The properties are assessed at $1,500 each and will be sold for that amount. Council Member Conti introduced the following: RESOLUTION NUMBER 46.52.21R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 6428 AND ASSEMBLY BILL NO. 3058 ENTITLED: “AN ACT TO AMNED 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 VEHICLE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT” WHEREAS, Chapter 454 of the NYS Laws of 2010, entitled “AN ACT to amend the vehicle and traffic law, in relation to authorizing a pilot residential parking permit system in the City of Albany and providing for the repeal of such provisions upon expiration thereof,” became a law on August 30, 2010, with the approval of the Governor establishing a pilot residential parking permit system in the City of Albany; and WHEREAS, S. 6428 and A. 3058 (annexed hereto) will amend LAWS OF NEW YORK, 2010, CHAPTER 454 to make permanent the residential parking permit system in the City of Albany first enacted and established as a pilot program by Chapter 454 of the Laws of 2010; and WHEREAS, legislation has been introduced in the New York State Senate and New York State Assembly to make the City of Albany’s residential parking system permanent and to make such additional modifications as shall be beneficial to the implementation and operation of the City of Albany residential parking permit system; and WHEREAS, such amendments are embodied within Senate Bill No. 6428 and Assembly Bill No. 3058; NOW, THEREFORE BE IT RESOLVED, a Home Rule Request is hereby enacted and directed to the New York State Legislature requesting the enactment of Senate Bill No. 6428 and Assembly Bill No. 3058 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 vehicle and traffic law relating to authorizing a pilot residential parking permit system in the city of Albany; in relation to making such provisions permanent.” To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: May 6, 2021 Sponsor: Council Member Conti RESOLUTION NUMBER 46.32.20R TITLE RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 6428 AND ASSEMBLY BILL NO. 3058 ENTITLED: “AN ACT TO AMNED 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 TOAUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT” GENERAL PURPOSE OF LEGISLATION To authorize the Mayor to execute a Home Rule Request in conjunction with the bill introduced in the State Senate and Assembly to make permanent and expand the residential parking permit system which has been in place in the City for a number of years. The text of the bill itself is attached and the Sponsor’s Memorandum from Senator Breslin in support of the bill are attached hereto. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council is required to adopt a Home Rule Request in order to permanently enact and expand the residential parking permit system which has been in place as a pilot program. FISCAL IMPACT(S) None STATE OF NEW YORK ________________________________________________________________________ 6428 IN SENATE 2021-2022 Regular Sessions April 28, 2021 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when Printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the residen- tial parking permit system in the city of Albany; and to amend chapter 454 of the laws of 2010 amending the vehicle and traffic law relating to authorizing a pilot residential parking permit system in the city of Albany, in relation to making such provisions permanent The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1640-m of the vehicle and traffic law, as added by 2 chapter 454 of the laws of 2010, is amended to read as follows: 3 § 1640-m. [Pilot residential] Residential parking permit system in the 4 city of Albany. 1. Notwithstanding the provisions of any law to the 5 contrary, the city of Albany may, by adoption of a local law or ordi- 6 nance, provide for a residential parking permit system and fix and 7 require the payment of fees applicable to parking within certain areas 8 of the city or as delineated by the common council of the city of Albany 9 in accordance with the provisions of this section. 10 2. Such residential parking permit system may only be established 11 within the areas of the city of Albany described as follows: an area 12 within [three-quarters of] a one mile radius of the Nelson A. Rockefel- 13 ler Empire State Plaza. The permitted streets within this area shall be 14 described in a local law or ordinance adopted by the common council of 15 the city of Albany pursuant to this section. 16 3. Notwithstanding the provisions of this section, no permit shall be 17 required on streets where the adjacent properties are zoned for commer- 18 cial, office and/or retail use. 19 4. The local law or ordinance providing for such residential parking 20 permit system shall: 21 a. Set forth the specific factors which necessitate the implementation 22 of said system and shall include, but not be limited to, findings of 23 facts as to the existence of such traffic hazards, congestion and air 24 and noise pollution within any such areas; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14405- 02-9 A. 9114 2 1 b. Provide that motor vehicles registered pursuant to section four 2 hundred four-a of this chapter shall be exempt from any permit require- 3 ment; 4 c. Provide the times of the day and the days of the week during which 5 permit requirements shall be in effect; 6 d. Make not less than twenty percent of all spaces within the permit 7 area or areas available to nonresidents which shall provide short-term 8 parking of not less than ninety minutes in duration in such area or 9 areas; 10 e. Make not more than [two thousand seven] three thousand five hundred 11 [fifty] of the approximately nine thousand residential spaces within the 12 permit area or areas available for residential parking by permit; 13 f. Provide the schedule of fees to be paid for residential permits; 14 and 15 g. Provide that such fees shall be credited to the general fund of the 16 city of Albany. 17 5. No local law or ordinance shall be adopted pursuant to this section 18 until a public hearing thereon has been held by the common council of 19 the city of Albany concerning the designation of the certain area or 20 areas in which said parking permit system is to be implemented. 21 § 2. Section 3 of chapter 454 of the laws of 2010 amending the vehicle 22 and traffic law relating to authorizing a pilot residential parking 23 permit system in the city of Albany, as amended by chapter 243 of the 24 laws of 2018, is amended to read as follows: 25 § 3. This act shall take effect immediately [and shall remain in full 26 force and effect for a period of eight years after the implementation of 27 the local law or ordinance adopted by the city of Albany pursuant to 28 section 1640-m of the vehicle and traffic law as added by section two of 29 this act at which time this act shall expire and be deemed repealed]. 30 § 3. This act shall take effect immediately. NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION BILL NUMBER: S6428 SPONSOR: Breslin TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the residen- tial parking permit system in the city of Albany; and to amend chapter 454 of the laws of 2010 amending the vehicle and traffic law relating to authorizing a pilot residential parking permit system in the city of Albany, in relation to making such provisions permanent PURPOSE OR GENERAL IDEA OF BILL: Relates to the residential parking permit system in the city of Albany SUMMARY OF SPECIFIC PROVISIONS: Section 1: (1) Permits the City of Albany to provide for a residential parking permit system. (2) Defines the area such a residential parking permit system may apply to. (3) Excludes streets zoned for commercial property from the residential parking permit program. (4) Sets forth the content necessary for a local law or ordinance creat- ing such a residential parking permit system. Section 2: Amends section 3 chapter 454 of the laws of 2010. Section 3: Sets the effective date. JUSTIFICATION: Albany's resident permit parking authorization was first adopted in 2010 as a two-year pilot program and has been extended every two years there- after. Since local implementation on February 15, 2013, as three sepa- rate geographically distinct zones, the system has met its primary objectives of increasing the availability of daytime resident parking within the permit zones and creating more short-term parking availabili- ty for locally owned neighborhood small businesses; under Albany's permit system, every resident permit designated space is also designated for short-term visitor parking of two-hours. Despite success, there continues to be challenges. The current system is limited to within a three-quarter mile radius of the Empire State Plaza which has resulted in displacement impacts in neighborhoods west of one of the zones, in addition, the limitation on total number of spaces (2,750) that may be designated permit-only limits the flexibility of the system to address impacts from new development and revitalization projects in downtown Albany. These include projects in the downtown business district, expan- sions on the SUNY Albany downtown campus and at Albany Medical Center (which has also included a significant expansion of garage capacity available to employees and visitors). Expanding the allowable radius within which a permit system may be implemented from three-quarters of a mile of the Empire State Plaza to one-mile will enable the system to address issues on the western edge of the zone, particularly those related to SUNY and Albany Medical Center. It should be noted that the original permit proposal, prior to the 2010 adoption, did contemplate a one-mile radius. In addition, expanding the number of allowable 'spots to be designated by 750 will enable the system to address issues in the expansion area as well as issue related to projects in the downtown business district. Finally, the system should no longer be considered a pilot program, eliminating the sunset date on the authorizing chapter will provide certainty to the continua- tion of the system and ease administrative concerns regarding the need to seek biennial reauthorizations. PRIOR LEGISLATIVE HISTORY: A9114 2019-20 FISCAL IMPLICATIONS: To be determined EFFECTIVE DATE: This act shall take effect immediately. Council Member Fahey introduced the following: RESOLUTION NUMBER 47.52.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY REQUESTING IMMEDIATE ACTION BY OUR STATE AND FEDERAL OFFICIALS TO UNDERTAKE A THOROUGH AND COMPLETE EVALUATION OF THE USE OF CHEMICAL GAS ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE WHETHER TO BAN ITS USE WHEREAS, the use of excessive force against people of color by law enforcement is a nationwide problem that has resulted in recent, widespread civil protests; and WHEREAS, law enforcement has, in numerous instances across our country, resorted to using chemical agents to disperse crowds at protests in situations where violence is deemed to be escalating and the health and safety of individuals are at risk; and WHEREAS, there have been reports of injury and harm to innocent participants and bystanders as a result of the use of chemical agents, such as CS gas, commonly called tear gas; and WHEREAS, in the City of Albany tear gas was used to disperse crowds at civil protests in Albany's South End neighborhood on May 30, 2020 and Arbor Hill neighborhood on June 1, 2020; and WHEREAS, the majority of protesters were peaceful, and even when they attempted to disperse were subjected to CS gas; and WHEREAS, CS gas is known to be especially harmful to individuals with chronic health issues and disabilities; and WHEREAS, CS gas is known to affect people not involved in the protest, often seeping into nearby residents' windows because of its widespread and poorly managed use by local law enforcement; and WHEREAS, many Albany residents are outraged by the use of tear gas on innocent residents and want it banned for use in the City of Albany; and WHEREAS, there have been few studies on the health effects of chemical agents, such as tear gas, on the populace, and those that have occurred are outdated and inadequate in scope; and WHEREAS, chemical agents, such as CS gas, are not regulated by the state or federal governments so there are no known reliable standards used by manufacturers, resulting in a product that can be dangerously misused and life threatening; and WHEREAS, our elected leaders have a responsibility to ensure the health and safety of the populace; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council requests that immediate action be taken by state and federal officials to undertake a thorough and complete evaluation of the use of chemical agents, such as CS gas, on individuals by law enforcement and ban its use if so determined; and BE IT FURTHER RESOLVED, that additional action be taken by our state and federal officials to conduct a thorough and complete review and evaluation of all methods used by law enforcement to address the potential for escalating violence among civil protesters with the goal of developing standard protocols, procedures and uses that are effective but do the least amount of harm; and BE IT FINALLY RESOLVED, that a copy of this resolution be sent to our state and federal elected leaders including US Senators Charles Schumer and Kristen Gillibrand; US Congressman Paul Tonko; NYS Senator Neil Breslin; and NYS Assemblymembers John McDonald and Patricia Fahy. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 6, 2021 SPONSOR Council Member Fahey RESOLUTION NUMBER 47.52.21R TITLE RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY REQUESTING IMMEDIATE ACTION BY OUR STATE AND FEDERAL OFFICIALS TO UNDERTAKE A THOROUGH AND COMPLETE EVALUATION OF THE USE OF CHEMICAL GAS ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE WHETHER TO BAN ITS USE GENERAL PURPOSE OF LEGISLATION Requesting our state and federal partners undertake a thorough and complete evaluation of the use of chemical gas by law enforcement and determine whether to ban its use. FISCAL IMPACT(S) None. MINUTES OF A REGULAR MEETING MONDAY, May 17, 2021 The Common Council was convened at 7:13 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, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, 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. Jeff Crumpton, 367 Hamilton St, Albany, NY (Lights in the Park) 2. Shadi Khadivi, 427 State St., Albany, NY (Lights in the Park) 3. Samantha Shipherd, 503 State St., Albany, NY (Lights in the Park) 4. Lily Mercogliano Easton, 20 Wilbur St., Albany, NY (Local Law C) 5. Dora Fisher, 91 Dove St. Albany, NY (Lights in the Park) 6. Betsy Mercogliano, 3 Wilbur St., Albany, NY (Local Law C) 7. Elisa Albert, 60 Willett St., Albany, NY (Lights in the Park) 8. Jennifer Lang, 197 Lancaster St., Albany, NY (Lights in the Park) 9. Anita Thayer, 196 Malcom Dr., Albany, NY (Local Law C) 10. Merton Simpson, 295 Sheridan Ave., Albany, NY (Lights in the Park) 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. Dr. Alice Green, 220 Green St., Albany, NY (Local Law C) 12. Gabriella Romero, 490 Madison Ave, Albany, NY (Lights in the Park & Local Law C) 13. Katherine Mules, 335 Main Ave., Albany, NY (Local Law C) 14. Susan Pedo, 191 Lancaster St. Albany, NY (Lights in the Park) 15. Crystal Fern, 1312 Grand St. Albany, NY (Local Law C) 1 16. Glinnesa Gailliard, 152 ½ Clinton Ave., Albany, NY (Local Law C) 17. Mark Mishler, 58 S. Manning Blvd, Albany, NY (Local Law C) 18. Luke Forbes, 295 Clinton Ave, Albany, NY (Local Law C) After the time period for public comment expired, the President declared the Public Comment Period closed. The President also made mention that the Common Council had received and reviewed the written comments that were submitted for consideration. 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: Council Member Doesschate noticed Local Law C of 2021 As Amended April 5, 2021 and asked for its passage and a roll call vote thereon: 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 *Council member Doesschate spoke regarding Local Law C followed by Council member Love Council Member Love made a motion to table the vote on Local Law C of 2021 which was duly seconded There being no further discussion, President Ellis called for a roll call vote thereon and the vote on Local Law C of 2021 was tabled: Affirmative : Balarin, Conti, Fahey, Farrell, Flynn, Igoe, Kimbrough, Love, and O’Brien Negative: Anane, Doesschate, Frederick, Hoey, Johnson, and Robinson Affirmative 9 Negative 6 Abstain 0 REPORTS OF STANDING COMMITTEES: Parks, Recreation, and Family Services: Chair Flynn spoke regarding the May 19, 2021 meeting of the committee to discuss summer youth employment and recreational activities for the youth in addition to Local Law K of 2021. Planning, Economic Development, and Land Use: Chair Fahey discussed the upcoming meetings: Tuesday, May 18th to continue reviewing the USDO amendments and Tuesday, May 25th to discuss Ordinance 16.81.19, Resolution 38.42.21and Resolution 37.42.21R. General Services, Health and Environment Committee: Chair O’Brien discussed the upcoming meeting of the Ad Hoc Capital Hills Golf Course Subcommittee scheduled for May 24, 2021 Public Safety: Chair Kimbrough reported that the committee will meet May 27, 2021 to discuss the Albany Citizens Police Academy 2 Law, Buildings and Code Enforcement: Chair Igoe discussed that the committee met on May 10th where there was a discussion on Local Laws H and I and May 13th where they discussed Local Laws F and G of 2021. The committee is currently in the process of scheduling additional meetings and looking at June 10th and 14th as additional dates. CONSIDERATION OF ORDINANCES Council Member Frederick noticed the introduction of Ordinance 14.52.21 as follows, which was held for further consideration: ORDINANCE 14.52.21R AN ORDINANCE AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY-OWNED DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET 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 a 0.42± acre portion of the Delaware Paper Street, which portion borders 254 South Swan Street and 99 Slingerland Street, and is more fully described in the legal description and survey map attached hereto, be sold at private sale pursuant to the provisions of Local Law No. 4 of 1984 to Burke Community Service Corporation. 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 a 0.93± acre portion of the Alexander Paper Street, which portion borders 150-168 Third Avenue, 164 South Hawk Street, 180 South Hawk Street, 44 South Dove Street, and 166 Delaware Street, and is more fully described in the legal description and survey map attached hereto, be sold at private sale pursuant to the provisions of Local Law No. 4 to Burke Community Service Corporation. 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 14.52.21 to Finance, Assessment, and Taxation for further consideration Council Member O’Brien noticed the introduction of Ordinance 15.52.21 as follows, which was held for further consideration: 3 AN ORDINANCE AMENDING ARTICLE III (PAVEMENT OPENINGS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPENING AND REPAIR OF SIDEWALKS, STREETS, AND OTHER PAVEMENTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Sections 323-66 (Permits required; fee, transferability), 323-37 (Public notification of street closing), and 323-68 (Application for permits) of Article III (Pavement Openings) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany are hereby amended to read as follows: § 323-66 Permits required; fee, transferability. A. No person, other than a duly authorized City officer or employee, shall make any openings or remove any pavements or sidewalks in any street, avenue, alley, curb or public place in the City of Albany without a permit from the Commissioner of the Department of General Services or his designee. B. The fee for a permit shall be $65 set by the Commissioner of the Department of General Services. The fee for the opening shall be $5 per square foot. Should an opening require a fee of $2,500 or more, the Commissioner or his designee may require the party making the opening to post a performance bond of 10% of the expected cost of repair, which bond will be returned to the party making the opening upon completion and approval of the repair by a City inspector. C. Permits issued hereunder shall not be transferable. D. In an emergency situation requiring the immediate opening or removal of any pavements or sidewalks in any street, avenue, alley, curb or public place a permit must be filed with the Department of General Services within 72 hours of the opening or removal, or the Commissioner of the Department of General Services or his designee may impose a fine on the party that performed the opening or removal in accordance with § 323-76 of this Article. § 323-67 Public notification of street closing. A. Whenever a street or a portion of a street is to be closed to traffic or parking is to be prohibited, or there is to be a disturbance in the public right of way for eight or more hours on one day or over a period of several days, the Commissioner may require, as a condition of the issuance of a permit under § 323-66, a program of public notification which may include the following: (1) Notification of scheduled work in the public service section of a local newspaper of general circulation in advance of the commencement of such work.] (2) (1) Direct contact with residents on affected street through circular or leaflet. (3) (2) The publication of a display advertisement in at least one local newspaper of general circulation. (4) (3) Signage at the work site. (4) Publication of the notification on City of Albany social media accounts. B. Notification should include expected date and time of commencement and completion of work, hours that the street shall be closed to traffic, the date and times temporary parking permits will be in effect and the availability of alternate routes, if applicable. 4 § 323-68 Application for Permits. Application for a permit shall be made to the Commissioner of the Department of General Services or his designee, on provided forms, which shall describe the location, number, purpose and size of the openings to be made, the kind of pavement or sidewalk to be removed, the time when such openings are desired and the length of time the openings will remain open, together with such other information regarding the work as the Commissioner of the Department of General Services or his designee may require. Section 2. The title of Section 323-70 (Replacement of existing pavement) of Article III (Pavement Openings) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 323-70 Replacement of existing payment pavement. Section 3. Section 323-75.1 (Capital Improvements) of Article III (Pavement Openings) of Chapter 323 (Streets and Sidewalks) of the Code of the City of Albany is hereby amended to read as follows: § 323-75.1 Capital Improvements. All persons, corporations or other entities proposing to install or repair pipe, cable, wire, conduit or other facilities in, on or over any street or sidewalk, or within a public right of way in the City of Albany or otherwise dig in or open the same shall be responsible for reviewing the City's list of streets and sidewalks scheduled for repair or reconstruction, to be prepared and maintained by the Department of General Services, and shall make provision to do any work, except emergency work, which requires the opening or use of any such street or sidewalk prior to or during the construction of the project undertaken by the City. No permit to use or open any street or sidewalk which would require resurfacing or reconstruction, except for emergency work as hereinafter provided, shall be issued to any such person within a five-year period after the completion of the construction of a capital project by the City relating to such street or sidewalk unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing, the Commissioner of General Services may issue a permit to open a street within such five-year period upon a finding of necessity therefor, subject to such conditions as the Commissioner may establish by rule, which shall include appropriate guarantees against the deterioration of the restored pavement and may include a higher fee structure. Section 4. Section 323-76 (Penalties for offenses) of Article III (Pavement Openings) of Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 323-76 Penalties for offenses. Violations of any of the provisions [hereof] of this Article shall be punishable [in accordance with Chapter 258, Penalties, of the Code of the City of Albany] by a fine which shall not exceed $1,000. The Court shall award associated Court costs upon any plea or finding of guilt. President Pro Tem Kimbrough referred Ordinance 15.52.21 to General Services, Health and Environment for further consideration Council Member Love noticed the introduction of Ordinance 16.52.21 as follows, which was held for further consideration: ORDINANCE 16.52.21 5 AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 23 LARK STREET (Tax Map Parcel Number 65.65-5-19) 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 vacant, 0.05± acre parcel at 23 Lark Street (tax map parcel number 65.65-5-19) be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Dr. Brenda Robinson, SUBJECT to all easements, restrictions, and rights of way of record. Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms, and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for valuable consideration. Section 4. This ordinance shall take effect immediately. President Pro Tem Kimbrough referred Ordinance 16.52.21 to Finance, Assessment, and Taxation for further consideration President Pro Tem Kimbrough held the pending Ordinances on the agenda for further consideration CONSIDERATION OF RESOLUTIONS Council Member Farrell noticed the introduction of Resolution 46.52.21R and asked for its passage and a roll call vote as follows: RESOLUTION NUMBER 46.52.21R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 6428 AND ASSEMBLY BILL NO. 3058 ENTITLED: “AN ACT TO AMNED 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 VEHICLE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT” WHEREAS, Chapter 454 of the NYS Laws of 2010, entitled “AN ACT to amend the vehicle and traffic law, in relation to authorizing a pilot residential parking permit system in the City of Albany and providing for the repeal of such provisions upon expiration thereof,” became a law on August 30, 2010, with the approval of the Governor establishing a pilot residential parking permit system in the City of Albany; and 6 WHEREAS, S. 6428 and A. 3058 (annexed hereto) will amend LAWS OF NEW YORK, 2010, CHAPTER 454 to make permanent the residential parking permit system in the City of Albany first enacted and established as a pilot program by Chapter 454 of the Laws of 2010; and WHEREAS, legislation has been introduced in the New York State Senate and New York State Assembly to make the City of Albany’s residential parking system permanent and to make such additional modifications as shall be beneficial to the implementation and operation of the City of Albany residential parking permit system; and WHEREAS, such amendments are embodied within Senate Bill No. 6428 and Assembly Bill No. 3058; NOW, THEREFORE BE IT RESOLVED, a Home Rule Request is hereby enacted and directed to the New York State Legislature requesting the enactment of Senate Bill No. 6428 and Assembly Bill No. 3058 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 vehicle and traffic law relating to authorizing a pilot residential parking permit system in the city of Albany; in relation to making such provisions permanent.” The following Council Member(s) spoke prior to passage Conti There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: * Resolution 46.52.21R was co-sponsored by Council Members Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Kimbrough, and O’Brien Affirmative : Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative Abstain 0 Council Member Fahey noticed the introduction of Resolution 47.52.21R as follows, which was held for further consideration: RESOLUTION NUMBER 47.52.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY REQUESTING IMMEDIATE ACTION BY OUR STATE AND FEDERAL OFFICIALS TO UNDERTAKE A THOROUGH AND COMPLETE EVALUATION OF THE USE OF CHEMICAL GAS ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE WHETHER TO BAN ITS USE WHEREAS, the use of excessive force against people of color by law enforcement is a nationwide problem that has resulted in recent, widespread civil protests; and WHEREAS, law enforcement has, in numerous instances across our country, resorted to using chemical agents to disperse crowds at protests in situations where violence is deemed to be escalating and the health and safety of individuals are at risk; and 7 WHEREAS, there have been reports of injury and harm to innocent participants and bystanders as a result of the use of chemical agents, such as CS gas, commonly called tear gas; and WHEREAS, in the City of Albany tear gas was used to disperse crowds at civil protests in Albany's South End neighborhood on May 30, 2020 and Arbor Hill neighborhood on June 1, 2020; and WHEREAS, the majority of protesters were peaceful, and even when they attempted to disperse were subjected to CS gas; and WHEREAS, CS gas is known to be especially harmful to individuals with chronic health issues and disabilities; and WHEREAS, CS gas is known to affect people not involved in the protest, often seeping into nearby residents' windows because of its widespread and poorly managed use by local law enforcement; and WHEREAS, many Albany residents are outraged by the use of tear gas on innocent residents and want it banned for use in the City of Albany; and WHEREAS, there have been few studies on the health effects of chemical agents, such as tear gas, on the populace, and those that have occurred are outdated and inadequate in scope; and WHEREAS, chemical agents, such as CS gas, are not regulated by the state or federal governments so there are no known reliable standards used by manufacturers, resulting in a product that can be dangerously misused and life threatening; and WHEREAS, our elected leaders have a responsibility to ensure the health and safety of the populace; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council requests that immediate action be taken by state and federal officials to undertake a thorough and complete evaluation of the use of chemical agents, such as CS gas, on individuals by law enforcement and ban its use if so determined; and BE IT FURTHER RESOLVED, that additional action be taken by our state and federal officials to conduct a thorough and complete review and evaluation of all methods used by law enforcement to address the potential for escalating violence among civil protesters with the goal of developing standard protocols, procedures and uses that are effective but do the least amount of harm; and BE IT FINALLY RESOLVED, that a copy of this resolution be sent to our state and federal elected leaders including US Senators Charles Schumer and Kristen Gillibrand; US Congressman Paul Tonko; NYS Senator Neil Breslin; and NYS Assembly members John McDonald and Patricia Fahy. President Pro Tem Kimbrough referred Resolution 47.52.21R to Public Safety for further consideration President Pro Tem Kimbrough made a motion to add by majority consent Resolutions 48.52.21R and 49.52.21R. It was duly seconded and approved by unanimous voice vote, the resolutions were added to the agenda for consideration. 8 Council Member Doesschate noticed the introduction of Resolution 48.52.21R as follows, which was introduced and adopted by a voice vote: RESOLUTION 48.52.21R (MC) RESOLUTION OF THE COMMON COUNCIL HONORING LUIGI AND CATHY SAINATO ON THE SUCCESSFUL OPERATION OF THEIR WELL-LOVED BUSINESS, SAINATO’S MARKET, FOR OVER 40 YEARS, AND WISHING THEM WELL ON THE OCCASION OF THE CLOSING OF THEIR BUSINESS AND RETIREMENT WHEREAS, Sainato’s Market, located on the corner of Quail and New Scotland Avenue, has been a staple of the Albany Community serving people from all walks of life since 1978; and WHEREAS, as an immigrant from Italy, Luigi wanted to bring a part of his country to share with the Albany community and successfully supported his family who also grew up working in the business; and WHEREAS, Sainato’s was well-known for their delicious food, family experience, friendly smiles, and life-long relationships with the Albany community, many of whom continued to visited the establishment for decades, and often even after leaving the area; and WHEREAS. Sainato’s Market has represented a classic family-owned business and the American dream to so many; and WHEREAS. Luigi and Cathy Sainato were forced to close their business during the COVID pandemic because of the high risk to them and have missed the community as the community has missed them; and WHEREAS, the community hoped they would reopen, but Luigi and Cathy have decided to retire instead; NOW, THEREFORE, BE IT RESOLVED, the City of Albany's Common Council congratulates Luigi and Cathy Sainato on the occasion of their retirement, congratulates them for their 40 plus years of operating a successful family-owned business, and thanks them for providing the community with delicious food and a welcoming family environment that helped create life-long relationships and special memories. The following Council Member(s) spoke prior to passage Doesschate, Fahey, and Anane There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: * Resolution 48.52.21R was co-sponsored by All Council Members Affirmative : Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson 9 Affirmative 15 Negative Abstain 0 Council Member Flynn noticed the introduction of Resolution 49.52.21R as follows, which was held for further consideration: RESOLUTION NUMBER 49.52.21R (MC) RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY ENCOURAGING THAT CAPITAL HOLIDAY LIGHTS IN THE PARK REMAIN IN WASHINGTON PARK WHEREAS, in 2021 the Capital Holiday Lights in the Park will be celebrating 25 years of illuminating Washington Park; and WHEREAS, the annual Capital Holiday Lights in the Park event, which has grown from 30 festive illuminated displays during its first season, in 1997, to 126 today, has attracted between 100,000 and 125,000 visitors annually in recent years; and WHEREAS, the event is Albany Police Athletic League’s principal fundraiser for a $1.2 million annual budget that covers programs including after-school events and child care for younger kids to teen mentoring and leadership education; and WHEREAS, Capital Holiday Lights in the Park has always required a balancing act between quality-of-life considerations of park-adjacent residents and accommodating a fundraiser for a community organization that all agree provides valuable services to the city’s youth; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany encourages that Capital Holiday Lights in the Park remain in Washington Park. President Pro Tem Kimbrough referred Resolution 49.52.21R to Parks, Recreation, and Family Services for further consideration Council Member Conti withdrew Resolution 23.41.20R which read as follows: 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 TOAUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT” Council Member Farrell on behalf of Finance, Assessment, and Taxation noticed Resolution 33.41.21R and asked for its passage by a roll call vote thereon: 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) There being no discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: 10 Affirmative : Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative Abstain 0 Council Member Farrell on behalf of Finance, Assessment, and Taxation noticed Resolution 34.41.21R and asked for its passage by a roll call vote thereon: 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 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) There being no discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: Affirmative : Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative Abstain 0 President Pro Tem Kimbrough held the pending Resolutions on the agenda for further consideration COMMISSIONER OF DEEDS Council member Farrell made a motion to appoint the following persons as commissioner of deeds with a commission expiration of December 31, 2022 which was seconded and adopted by a voice vote. Affirmative : Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 15 Negative Abstain 0 MISCELLANEOUS AND UNFINISHED BUSINESS Council Member Johnson spoke regarding the tabling of Local Law C. Council member Love spoke regarding her outreach and visibility and her commitment in serving the residents in the 11 third ward. President Ellis made closing remarks regarding the overall concerns on Local Law C and next steps forward 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 9:20pm. DANIELLE GILLESPIE City Clerk of the City of Albany and Clerk to the Common Council 12 Council Member Flynn introduced the following: RESOLUTION NUMBER 49.52.21R (MC) RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY ENCOURAGING THAT CAPITAL HOLIDAY LIGHTS IN THE PARK REMAIN IN WASHINGTON PARK WHEREAS, in 2021 the Capital Holiday Lights in the Park will be celebrating 25 years of illuminating Washington Park; and WHEREAS, the annual Capital Holiday Lights in the Park event, which has grown from 30 festive illuminated displays during its first season, in 1997, to 126 today, has attracted between 100,000 and 125,000 visitors annually in recent years; and WHEREAS, the event is Albany Police Athletic League’s principal fundraiser for a $1.2 million annual budget that covers programs including after-school events and child care for younger kids to teen mentoring and leadership education; and WHEREAS, Capital Holiday Lights in the Park has always required a balancing act between quality-of-life considerations of park-adjacent residents and accommodating a fundraiser for a community organization that all agree provides valuable services to the city’s youth; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany encourages that Capital Holiday Lights in the Park remain in Washington Park. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 12, 2021 SPONSOR Council Member Flynn RESOLUTION NUMBER 49.52.21R (MC) TITLE RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY ENCOURAGING THAT CAPITAL HOLIDAY LIGHTS IN THE PARK REMAIN IN WASHINGTON PARK GENERAL PURPOSE OF LEGISLATION Encourages that Capital Holiday Lights in the Park remain in Washington Park MESSAGE OF NECESSITY The Mayor has stated her position on the issue of Capital Holiday Lights in the Park in a and not having it in Washington Park this year in a recent Time Union article. Waiting on the next agenda would be too late and cannot wait for an introduction due to the need to respond quickly. FISCAL IMPACT(S) None. Council Member Doesschate, Anane, Balarin, Fahey, Flynn, Hoey, Igoe introduced the following: RESOLUTION 48.52.21R (MC) RESOLUTION OF THE COMMON COUNCIL HONORING LUIGI AND CATHY SAINATO ON THE SUCCESSFUL OPERATION OF THEIR WELL-LOVED BUSINESS, SAINATO’S MARKET, FOR OVER 40 YEARS, AND WISHING THEM WELL ON THE OCCASION OF THE CLOSING OF THEIR BUSINESS AND RETIREMENT WHEREAS, Sainato’s Market, located on the corner of Quail and New Scotland Avenue, has been a staple of the Albany Community serving people from all walks of life since 1978; and WHEREAS, as an immigrant from Italy, Luigi wanted to bring a part of his country to share with the Albany community and successfully supported his family who also grew up working in the business; and WHEREAS, Sainato’s was well-known for their delicious food, family experience, friendly smiles, and life-long relationships with the Albany community, many of whom continued to visited the establishment for decades, and often even after leaving the area; and WHEREAS. Sainato’s Market has represented a classic family-owned business and the American dream to so many; and WHEREAS. Luigi and Cathy Sainato were forced to close their business during the COVID pandemic because of the high risk to them and have missed the community as the community has missed them; and WHEREAS, the community hoped they would reopen, but Luigi and Cathy have decided to retire instead; NOW, THEREFORE, BE IT RESOLVED, the City of Albany's Common Council congratulates Luigi and Cathy Sainato on the occasion of their retirement, congratulates them for their 40 plus years of operating a successful family-owned business, and thanks them for providing the community with delicious food and a welcoming family environment that helped create life-long relationships and special memories. To: Danielle Gillespie, City Clerk From: Judy L. Doesschate, Common Council Member Re: Request for Common Council Legislation Supporting Memorandum Date: May 1, 2021 RESOLUTION 48.52.21R (MC) TITLE: RESOLUTION OF THE COMMON COUNCIL HONORING LUIGI AND CATHY SAINATO ON THE SUCCESSFUL OPERATION OF THEIR WELL-LOVED BUSINESS, SAINATO’S MARKET, FOR OVER 40 YEARS, AND WISHING THEM WELL ON THE OCCASION OF THE CLOSING OF THEIR BUSINESS AND RETIREMENT GENERAL PURPOSE OF LEGISLATION To recognize Luigi and Cathy Sainato for their more than 40 years’ successful operation of their business on the occasion of their retirement and the closure of their business. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW See above MESSAGE OF NECESSITY An official celebration of the Sainato’s retirement is being planned for the next few weeks at which the resolution will be presented. FISCAL IMPACT None.