1. Meeting Agenda 1.I. May 20, 2024 | Agenda Documents: 24 AGENDA-ACTIVE-CALENDAR 0520.PDF 2. Supporting Legislation Legislation that is being introduced for the first time 2.I. May 20, 2024 | Supporting Legislation Documents: MAY 20 2024.PDF 3. Active Legislation Legislation that was previously introduced and is now being considered by the body 3.I. May 20, 2024 | Active Legislation Documents: 240520 ACTIVE LEGISLATION.PDF 4. Majority Consent (MC) 5. Supporting Document 6. Minutes 7. Written Comment 8. Active Calendar AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL ANNUAL YOUTH IN GOVERNMENT NIGHT Monday, May 20, 2024 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held in the Common Council Chambers in City Hall and live streamed on Facebook. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments, they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meetings Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 Minutes) Miscellaneous or Unfinished Business Adjournment (Revised 5/10/2024) Page 1 of 11 Albany Common Council Active Calendar Monday, May 20, 2024 The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action. Legislation Prime Sponsor Subject Local Laws Held Zamer A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS B of 2024 AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 42 THERETO CREATING THE CITY OF ALBANY ACTIVE TRANSPORTATION PLANNING COMMISSION Ordinances Held Flynn AN ORDINANCE AMENDING SECTION 353-63 (“MAXIMUM 1.12.24 CHARGES”) OF CHAPTER 353 (“VEHICLES FOR HIRE”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE MAXIMUM FEE TOW TRUCK OPERATORS MAY CHARGE FOR TOWS NOT REQUESTED BY THE OWNER OF THE VEHICLE TO BE TOWED Resolutions Introduced Adams A RESOLUTION OF THE COMMON COUNCIL SUPPORTING 52.52.24R THE CITY OF ALBANY IN ITS APPLICATION TO THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR STATE ASSISTANCE IN FUNDING THE LINCOLN PARK POOL DESIGN PROJECT Resolutions Introduced Hoey A RESOLUTION OF THE COMMON COUNCIL SUPPORTING 54.52.24R THE CREATION OF A NEW SOCCER STADIUM IN DOWNTOWN ALBANY Resolutions Introduced Love A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING 55.52.24R AND WELCOMING THE STUDENTS PARTICIPATING IN THE 2024 YOUTH IN GOVERNMENT EVENT Resolutions Held Kimbrough A RESOLUTION OF THE COMMON COUNCIL APPROVING 41.51.24R AND ENDORSING THE APPLICATION OF THE CITY OF ALBANY TO EMPIRE STATE DEVELOPMENT CORPORATION UNDER ROUND 8 OF THE RESTORE NY COMMUNITIES INITIATIVE MUNICIPAL GRANT PROGRAM FOR FUNDING TO ASSIST THE PRINCE HALL APARTMENTS PROJECT LOCATED AT 135 SOUTH PEARL STREET AND 120 MADISON AVENUE IN THE CITY OF ALBANY (Revised 5/10/2024) Page 2 of 11 Local Laws Introduced 1 Farrell Local Law F of 2024 A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS (Revised 5/10/2024) Page 3 of 11 Local Laws Held 1 Johnson Local Law C of 2022 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety | Discussed: 6/9/2022* 2 Balarin Local Law G of 2022 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART 13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY PLANNING BOARD, AND BOARD OF ZONING APPEALS *Referred to Planning, Economic Development & Land Use | Discussed: 12/21/2022* 3 Romero Local Law I of 2022 A LOCAL LAW CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY *Referred to Joint Finance and Human Rights Committee | Discussion: 5/13/2024* 4 Romero Local Law J of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety | Discussed: 9/28/2022* 5 Romero Local Law K of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING THE ALBANY POLICE DEPARTMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety | Discussed: 9/28/2022* 6 Kimbrough Local Law L of 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety | Discussed: 9/28/2022* 7 Zamer Local Law M of 2022 A LOCAL LAW AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) REDUCING THE SPEED LIMIT OF THE CITY OF ALBANY FROM 30 TO 25 MILES PER HOUR *Referred to Public Safety | Discussed: 9/11/2023* 8 Adams Local Law F of 2023 A LOCAL LAW AMENDING PART 4 (RESIDENTIAL OCCUPANCY PERMIT AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIRING SUCH PERMITS FOR SHORT-TERM RENTAL DWELLING UNITS *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* (Revised 5/10/2024) Page 4 of 11 9 Anane Local Law L of 2023 A LOCAL LAW AMENDING PART II (GENERAL LEGISLATION) OF THE CODE OF THE CITY OF ALBANY BY ENACTING A NEW CHAPTER 337 TO BE ENTITLED “TOBACCO RETAIL LICENSE” *Referred to Law, Buildings & Code Enforcement* 10 Balarin Local Law A of 2024 A LOCAL LAW AMENDING PART 8 (SUSTAINABILITY ADVISORY COMMITTEE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING AND INCREASING THE SIZE OF THE SUSTAINABILITY ADVISORY COMMITTEE ⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀⠀ *Passed the Planning, Economic Development & Land Use Committee | Discussed: 4/29/2024* 11 Zamer *Under Consideration* Local Law B of 2024 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 42 THERETO CREATING THE CITY OF ALBANY ACTIVE TRANSPORTATION PLANNING COMMISSION *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 5/1/2024* 12 Farrell Local Law C of 2024 A LOCAL LAW AMENDING CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE XV (GREEN BUILDING REQUIREMENTS) THERETO AND PROVIDING FOR A COOL ROOF REQUIREMENT *Passed the Law, Buildings & Code Enforcement Committee | Discussed: 5/1/2024* 13 Robinson Local Law D of 2024 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BRINGING THE CPRB INTO THE CITY *Referred to Public Safety | Discussed: 4/25/2024* 14 Balarin Local Law E of 2024 A LOCAL LAW REPEALING ARTICLE XXIII (PROHIBITION OF EVICTION WITHOUT GOOD CAUSE) OF CHAPTER 30 (CITY COURT ACT) AND ADDING A NEW PART 6 (PROHIBITION OF EVICTION WITHOUT GOOD CAUSE) TO CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION PROHIBITING EVICTIONS WITHOUT GOOD CAUSE *Referred to Planning, Economic Development & Land Use* (Revised 5/10/2024) Page 5 of 11 Ordinances Introduced 1 Flynn Ordinance 17.52.24 AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY (Revised 5/10/2024) Page 6 of 11 Ordinances Held 1 Farrell Ordinance 16.72.22 AN ORDINANCE AMENDING ARTICLE I (BICYCLES AND ALL MOTOR VEHICLES) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING ON SIDEWALKS *Referred to Law, Buildings & Code Enforcement* 2 Love Ordinance 19.91.22 AN ORDINANCE AMENDING PART 21 (COMMON COUNCIL) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY ENACTING A SUMMER RECESS IN LEGISLATIVE SESSIONS *Referred to Council Operations & Ethics* 3 Anane Ordinance 49.121.22 AN ORDINANCE AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO POLICE DEPARTMENT REPORTING REQUIREMENTS *Referred to Public Safety* 4 Romero Ordinance 15.41.23 AN ORDINANCE AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SIGNALIZATION AND PEDESTRIAN INTERVALS *Referred to Law, Buildings & Code Enforcement | Discussed: 6/26/2023* 5 Farrell Ordinance 16.42.23 AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY *Referred to Law, Buildings & Code Enforcement | Discussed: 2/27/2024* 6 Kimbrough Ordinance 26.61.23 AN ORDINANCE AMENDING CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXPANDING THE SCOPE OF MINORITY AND WOMEN- OWNED AND CONTROLLED BUSINESSES *Referred to Human Resources & Human Rights | Discussed: 9/14/2023* 7 Keegan Ordinance 28.62.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY BY ADDING A PERMITTING SYSTEM FOR COMMERCIAL HAULERS OF SOLID WASTE *Referred to General Services, Health & Environment | Discussed: 7/31/2023* 8 Adams Ordinance 33.82.23 AN ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PARCELS AT 34 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-10), 38 IRVING STREET (TAX MAP PARCEL NUMBER 76.40-2-9), AND 181 MYRTLE AVENUE (TAX MAP PARCEL NUMBER 76.40-2-37) TO CAPITAL ROOTS, INC. *Referred to Finance, Assessment and Taxation | Discussed: 9/18/2023* 9 Adams Ordinance 35.92.23 AN ORDINANCE AMENDING ARTICLE XIII (PARKING METERS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RENAMING COLUMBUS DAY TO INDIGENOUS PEOPLES DAY *Referred to Law, Buildings & Code Enforcement* (Revised 5/10/2024) Page 7 of 11 10 Romero Ordinance 38.101.23 AN ORDINANCE AMENDING ARTICLE XII (VEHICLE AND TRAFFIC CONTROLS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PEDESTRIAN SAFETY INFRASTRUCTURE *Referred to Law, Buildings & Code Enforcement | Discussed: 4/3/2024* 11 Flynn *Under Consideration* Ordinance 1.12.24 AN ORDINANCE AMENDING SECTION 353-63 (“MAXIMUM CHARGES”) OF CHAPTER 353 (“VEHICLES FOR HIRE”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE MAXIMUM FEE TOW TRUCK OPERATORS MAY CHARGE FOR TOWS NOT REQUESTED BY THE OWNER OF THE VEHICLE TO BE TOWED *Referred to Public Safety | Discussed: 4/25/2024* 12 Anane Ordinance 3.21.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SMOKE OR VAPE SHOPS *Referred to Planning, Economic Development & Land Use | Discussed: 4/29/2024* 13 Flynn Ordinance 4.21.24 AN ORDINANCE AMENDING ARTICLE I (REMOVAL OF GARBAGE) CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE FINE STRUCTURE FOR VIOLATIONS OF THE SAID ARTICLE *Referred to Law, Buildings & Code Enforcement* 14 Adams Ordinance 8.32.24 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY ALLOWING MORE EMPLOYEE RESIDENTIAL PARKING PERMITS *Referred to Law, Buildings & Code Enforcement* 15 Balarin Ordinance 10.42.24 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO COMMERCIAL FOOD PREPARATION *Referred to Planning, Economic Development & Land Use* 16 Johnson Ordinance 11.51.24 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF 92 ALEXANDER STREET (TAX MAP PARCEL NUMBER 76.64-2-11) TO BENJAMIN MORTON *Referred to Finance, Assessment and Taxation* 17 Love Ordinance 12.51.24 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCEL KNOWN AS 139 LARK STREET FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED USE- COMMUNITY URBAN (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY *Referred to Planning, Economic Development & Land Use* 18 Robinson Ordinance 13.51.24 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION OF PARCELS KNOWN AS 97 AND 99 THIRD STREET AS WELL AS 184 THROUGH 196 LIVINGSTON AVENUE FROM RESIDENTIAL TOWNHOUSE (R-T) TO MIXED USE-NEIGBHBORHOOD EDGE (MU- NE) AND AMENDING THE ZONING MAP ACCORDINGLY *Referred to Planning, Economic Development & Land Use* (Revised 5/10/2024) Page 8 of 11 19 Romero Ordinance 14.51.24 AN ORDINANCE AMENDING PART 10 (BOARD OF CONTRACT AND SUPPLY) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE PROJECT LABOR AGREEMENTS IN THE CITY OF ALBANY FOR CERTAIN CONSTRUCTION PROJECTS *Referred to Law, Buildings & Code Enforcement* 20 Romero Ordinance 15.51.24 AN ORDINANCE AMENDING CHAPTER 62 (LABOR) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING UNJUST TERMINATIONS *Referred to Law, Buildings & Code Enforcement* 21 Keegan Ordinance 16.51.24 (MC) AMENDING ARTICLE IV (GRANT OF VACATIONS; SICK LEAVES; LEAVES OF ABSENCE) CHAPTER 62 (LABOR) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO IMPLEMENTING FAMILY LEAVE BENEFITS FOR CITY EMPLOYEES *Referred to Human Resources & Human Rights* (Revised 5/10/2024) Page 9 of 11 Resolutions Introduced 1 Adams *Under Consideration* Resolution 52.52.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS APPLICATION TO THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR STATE ASSISTANCE IN FUNDING THE LINCOLN PARK POOL DESIGN PROJECT 2 Keegan Resolution 53.52.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING OUR COMMUNITY TO SUPPORT THE EQUAL RIGHTS AMENDMENT 3 Hoey *Under Consideration* Resolution 54.52.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CREATION OF A NEW SOCCER STADIUM IN DOWNTOWN ALBANY 4 Love *Under Consideration* Resolution 55.52.24R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND WELCOMING THE STUDENTS PARTICIPATING IN THE 2024 YOUTH IN GOVERNMENT EVENT (Revised 5/10/2024) Page 10 of 11 Resolutions Held 1 Hoey Resolution 14.21.22R A RESOLUTION OF THE COMMON COUNCIL EXPRESSING ITS DESIRE TO CREATE A BIKE/WALKING TRAIL ALONG THE NEW YORK STATE THRUWAY *Referred to Parks, Recreation & Family Services* 2 Clarke Resolution 9.21.23R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE OF BEVERLY BARDEQUEZ AND RENAMING A PORTION OF RAPP ROAD IN HER HONOR *Passed the General Services, Health & Environment Committee | Discussed: 2/15/2023* 3 Adams Resolution 95.92.23R A RESOLUTION OF THE COMMON COUNCIL DECLARING THE SECOND MONDAY IN OCTOBER OF EACH YEAR AS INDIGENOUS PEOPLES' DAY IN ALBANY *Referred to Law, Buildings & Code Enforcement* 4 Love Resolution 9.12.24R (MC) A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING INCREASED VIOLENCE IN THE CITY OF ALBANY AND REAFFIRMING THE COUNCIL’S COMMITMENT TO A PERMANENT END TO VIOLENCE IN OUR COMMUNITIES *Referred to Public Safety | Discussed: 2/13/2024* 5 Johnson Resolution 39.42.24R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING THE CONTRIBUTIONS OF ANNE M. POPE TO THE CITY OF ALBANY AND RENAMING A PORTION OF SECOND AVENUE AND GRANDVIEW TERRACE IN HER HONOR *Referred to General Services, Health & Environment* 6 Kimbrough *Under Consideration* Resolution 41.51.24R A RESOLUTION OF THE COMMON COUNCIL APPROVING AND ENDORSING THE APPLICATION OF THE CITY OF ALBANY TO EMPIRE STATE DEVELOPMENT CORPORATION UNDER ROUND 8 OF THE RESTORE NY COMMUNITIES INITIATIVE MUNICIPAL GRANT PROGRAM FOR FUNDING TO ASSIST THE PRINCE HALL APARTMENTS PROJECT LOCATED AT 135 SOUTH PEARL STREET AND 120 MADISON AVENUE IN THE CITY OF ALBANY 7 Robinson Resolution 46.51.24R A RESOLUTION OF THE COMMON COUNCIL HONORING THE LIFE AND LEGACY OF ELEANOR BAIRD AND RENAMING A PORTION OF SECOND STREET IN HER HONOR *Referred to General Services, Health & Environment* (Revised 5/10/2024) Page 11 of 11 COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION MAY 20, 2024 LOCAL LAWS F of 2024 A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS ORDINANCES 17.52.24 AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY RESOLUTIONS 52.52.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS APPLICATION TO THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR STATE ASSISTANCE IN FUNDING THE LINCOLN PARK POOL DESIGN PROJECT 53.52.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING OUR COMMUNITY TO SUPPORT THE EQUAL RIGHTS AMENDMENT 54.52.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CREATION OF A NEW SOCCER STADIUM IN DOWNTOWN ALBANY 55.52.24R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND WELCOMING THE STUDENTS PARTICIPATING IN THE 2024 YOUTH IN GOVERNMENT EVENT Council Member Farrell introduced the following: LOCAL LAW F OF 2024 A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Part 1 (Administrative Legislation) Code of the City of Albany is hereby amended by adding a Chapter 50, to be entitled “Ethics,” thereto, to read as follows: CHAPTER 50 Ethics Article I Board of Ethics § 50-1 Establishment of Board. There is hereby established a Board of Ethics consisting of five members, three to be appointed by the Common Council and two to be appointed by the mayor, who shall serve without compensation and at the pleasure of the appointing authority. A majority of such members shall be persons other than officers or employees of the city, but one of the mayoral appointments shall include at least one member who is an elected or appointed official or employee of the city. Each member shall be appointed for a term of two (2) years. § 50-2 Board of ethics; powers and duties. The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the city with respect to Article 18 of the General Municipal Law and any Code of Ethics adopted pursuant to such article. Such advisory opinions shall be rendered pursuant to the written request of any such officer or employee under such rules and regulations as the Board may prescribe and shall have the advice of the corporation counsel. In addition, the Board may make recommendations with respect to the drafting and adoption of a Code of Ethics or amendments thereto on request of the Common Council. Article II Code of Ethics § 50-3 Adopted; purpose; applicability. Pursuant to the provisions of Section 806 of the General Municipal Law, the Common Council of the City of Albany recognizes that there are rules of ethical conduct for public officers and employees which must be observed to maintain a high degree of moral conduct and public confidence in our municipality. The purpose of this chapter is to promulgate these rules of ethical conduct for the officers and employees of the City of Albany. These rules shall serve as the guide Matter in strikethrough to be deleted. Matter underlined is new material. for official conduct of the officers and employees of the City of Albany. This Code shall be in addition to all other legal restrictions, standards and provisions pertaining to the conduct of City officers and employees. § 50-4 Applicability of other laws. The standards, prohibited acts and procedures established herein are in addition to any prohibited acts, conflicts of interest, provisions or procedures prescribed by statute by the State of New York and also in addition to the common law rules and judicial decisions relating to the conduct of municipal officers to the extent the same are more severe in their application than this chapter. § 50-5 Definitions. As used in this chapter, the following terms shall have the meanings indicated: APPROPRIATE BODY The City of Albany Board of Ethics. CITY The City of Albany. INTEREST A direct or indirect pecuniary or material benefit accruing to an officer or employee, or his or her relative, whether as a result of a contract with the City or otherwise. For the purpose of this chapter, a City officer or employee shall be deemed to have an interest in the contract of: A. A relative, except as to a contract of employment with the City. B. A firm, partnership or association of which such officer or employee is a member or employee. C. A corporation, including a nonprofit corporation, of which such officer or employee is an officer; director or employee. D. A corporation of which more than 5% of the outstanding stock is owned by any such officer, employee, or his or her relative. LEGISLATION A matter which appears on the agenda of the Common Council, or on a committee thereof, on which any official action will be taken, and shall include proposed or adopted acts, local laws, ordinances or resolutions. MUNICIPAL OFFICER OR EMPLOYEE An officer or employee of the City of Albany, whether paid or unpaid, including members of any administrative board, commission or other agency thereof and, in addition, such definition shall apply to any municipal officer's or employee's spouse, minor children and dependents; a firm, partnership or association of which such officer or employee is a member or employee is an officer, director or employee; and a corporation; any stock of which is Matter in strikethrough to be deleted. Matter underlined is new material. controlled directly or indirectly by such officer or employee. RELATIVE A child, stepchild, parent, stepparent, brother, sister, stepbrother, stepsister, or legal guardian of any of said persons, of an officer or employee or of the spouse of the officer or employee. SPOUSE The husband or wife of an officer or employee, unless living separate and apart pursuant to a judicial order, decree or judgment of separation or a legally binding written agreement of separation in accordance with the Domestic Relations Law. § 50-6 Standards of conduct. A. Conflict of interest. No municipal officer or employee shall have any interest or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his/her duties in the public interest. B. Disclosure of interest. Each municipal officer and employee shall, to the extent that they are cognizant thereof, disclose, in writing, any interest they may have in legislation or a decision pending before a City board or governing body. Such disclosure statement shall be filed with the City Clerk and with the board, agency, commission or governmental organization with whom the conflict arose when the matter requiring disclosure first comes before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier, and such statement shall become a public record. C. Gifts. No municipal officer or employee shall directly or indirectly solicit any gifts or accept and receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence them, or could reasonably be expected to influence then in the performance of their official duties or was intended as a reward for any official action on their part. D. Confidential information. No municipal officer or employee shall disclose or use confidential information acquired in the course of exercising or performing their official duties unless the disclosure or use is required by law or in the course of exercising or performing their official powers and duties. E. Other employment. No municipal officer or employee, during their tenure as a municipal officer or employee, shall accept other employment which shall be in conflict with their official duties. F. Representation before one's own agency. No municipal officer or employee shall receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which they are an officer, Matter in strikethrough to be deleted. Matter underlined is new material. member or employee or of any municipal agency over which they have jurisdiction or to which they have the power to appoint any member, officer or employee. G. Future employment. No former municipal employee or officer shall personally represent any person, company, corporation or agency in a matter in which the former employee personally participated while employed by the City for two years, if such representation would be adverse to the interest of the City. This provision shall not, however, bar the timely filing by a current or former municipal officer or employee of any claim, account, demand, or suit arising out of personal injury, property damage, or any benefit authorized or permitted by law, nor shall it bar the City from hiring, contracting or retaining a former employee as a consultant. § 50-7 Financial disclosure statement. A. Purposes. The purpose of this section is to comply with Section 806 of Article 18 of the General Municipal Law of the State of New York to provide guidelines and criteria for financial disclosure for those persons to whom this section is applicable. B. Application. This section shall apply to the Mayor, members of the Common Council, City Treasurer, City Auditor, City Clerk, Corporation Counsel and department heads. C. Filing. The Clerk’s office shall be the official repository for completed annual statements of financial disclosure and shall provide a statement to that effect with the State Commission on Local Government Ethics. Any person required to file an annual statement by this section shall file the financial disclosure statement with the City Clerk by May 15 of each year for the preceding calendar years. The City Clerk shall retain each financial disclosure statement for six years. E. Financial disclosure statement. The Board of Ethics shall, from time to time, adopt a disclosure form, which shall be completed and filed in accordance with this article and Section 806 of the General Municipal Law. F. Penalties. 1. Failure to file the financial disclosure statement within 15 additional days after at least one reminder in writing by the City Clerk may be assessed a civil penalty not to exceed $100 for the first such failure and not to exceed $150 for the second such failure and not to exceed $250 for any failure to file thereafter. Exceptions and a waiver of penalties may be made under certain circumstances. 2. Any person who knowingly and willfully makes a false statement or gives information on such statement which such individual knows to be false shall be assessed a penalty in an amount not to exceed $1,500, and such person may be subject to disciplinary action by the appropriate body. § 50-8 Violations. Matter in strikethrough to be deleted. Matter underlined is new material. A. No person shall induce any other person to violate, attempt to induce any other person to violate, or aid any other person in violating, any provision of the Code of Ethics. B. In addition to any penalty contained in any other provision of law, any municipal officer or employee who knowingly and intentionally violates any of the provisions of this Code may be fined up to a maximum amount of two weeks of that employees pay, suspended or removed from office of employment. §50-9 Whistleblower protection. A. No municipal officer or employee shall retaliate against any City officer or employee or other person for submitting a complaint to the Board of Ethics or for acting, or refusing to act, as required by the Code of Ethics and Article 18 of the General Municipal Law. B. Any municipal officer or employee who violates Subsection A has committed an ethics violation. C. In resolving a complaint that a municipal officer or employee has violated this section, the Board of Ethics may recommend that a retaliatory personnel action be reversed. Article III Administration § 50-10 Distribution of Code of Ethics. Upon adoption of this Code of Ethics, the Mayor shall cause a copy thereof to be distributed to every municipal officer and employee of the City. Failure to distribute any such copy or failure of any municipal officer or employee to receive such copy shall have no effect on the duty of compliance with this Code and all amendments thereof nor the enforcement of provisions hereof. The mayor shall further cause a copy of this Code to be posted conspicuously in each public building under the jurisdiction of the City, along with a copy of Article 18 of the General Municipal Law. Failure to so post shall have no effect on the duty of compliance herewith nor the enforcement provisions hereof. § 50-11 Copy of code of ethics to be filed in the office of the State Comptroller. Within 30 days of the adoption of this Code, the Clerk shall file a copy thereof in the office of the State Comptroller. § 50-12 Advisory opinions. Any questions regarding this chapter shall be submitted to the Board of Ethics, which shall issue an advisory opinion to the Common Council. Should the Board of Ethics determine that such a request is beyond its legal purview, it shall notify the Common Council of its determination. § 50-13 Recusal and abstention. In the event that this chapter prohibits a municipal officer or employee from exercising or performing a power or duty: Matter in strikethrough to be deleted. Matter underlined is new material. A. if the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or B. if the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function; or C. if the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty. Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 10TH DAY OF MAY, 2024 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 10, 2024 Sponsor: Council Member Farrell LOCAL LAW F OF 2024 TITLE A LOCAL LAW CREATING A NEW CHAPTER 50 (ETHICS) OF THE CODE OF THE CITY OF ALBANY BY ESTABLISHING A CODE OF ETHICS FOR THE CITY OF ALBANY AND A BOARD OF ETHICS GENERAL PURPOSE OF LEGISLATION To enact a comprehensive ethics law for the City of Albany. NECESSITY FOR LEGISLATION AND CHANGING EXISTING LAW Ethics laws are crucial to uphold integrity, transparency, and accountability within municipal governance. Such legislation would serve to restore public trust in municipal institutions by establishing clear guidelines and standards for ethical conduct among elected officials, public servants, and city employees. By fostering a culture of ethical behavior, the city can mitigate the risk of corruption, conflicts of interest, and misuse of power, ultimately promoting fair and equitable decision-making processes. Furthermore, a robust ethics law would align Albany with contemporary standards of governance and ensure compliance with legal requirements, demonstrating our commitment to being an ethical municipality committed to serving the best interests of its residents. FISCAL IMPACT TBD. Council Members Flynn and Adams introduced the following: ORDINANCE 17.52.24 AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Part 3 (Cabarets) of Chapter 111 (Amusements) of Part II (General Legislation) is hereby repealed in its entirety and replaced as follows: Part 3 (Reserved) Article VIII (Reserved) § 111-64 through § 111-83. (Reserved) Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 10TH DAY OF MAY, 2024 _______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Bryan Jimenez, Senior Legislative Aide Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: May 9, 2024 Sponsor: Council Member Flynn ORDINANCE 17.52.24 TITLE AN ORDINANCE REPEALING PART 3 (CABARETS) OF CHAPTER 111 (AMUSEMENTS) OF THE CODE OF THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION To repeal the restrictive application process for cabaret performances. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Allows businesses to create additional recreational activities. FISCAL IMPACT(S) Cabaret licenses have certain fees associated with their issuance. The City would likely no longer collect such fees if cabaret licenses are no longer issued, but the full fiscal impact of this legislation has yet to be determined. Council Member Adams introduced the following: RESOLUTION 52.52.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS APPLICATION TO THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR STATE ASSISTANCE IN FUNDING THE LINCOLN PARK POOL DESIGN PROJECT WHEREAS, the City of Albany is requesting financial aid from the State of New York to assist in funding for the Lincoln Park Pool Design Project in the City of Albany; and WHEREAS, the City of Albany is applying for these funding sources through the 2024 Statewide Investment in More Swimming grant program; and WHEREAS, applications for this grant program require that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located; and WHEREAS, the proposed application supports and advances the goals of the adopted Albany 2030 comprehensive plan, the citywide economic development strategy, and applicable WHEREAS, the proposed application supports and advances the established goals of the Capital Region Economic Development Council and will have a significant regional impact; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby approve and endorse the City of Albany’s application to the New York Statewide Investment in More Swimming program through the Dormitory Authority of the State of New York to aid in construction of the Lincoln Park Pool. To: Shaniqua Jackson, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 10, 2024 Sponsor: Council Member Adams RESOLUTION 52.52.24R TITLE A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CITY OF ALBANY IN ITS APPLICATION TO THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR STATE ASSISTANCE IN FUNDING THE LINCOLN PARK POOL DESIGN PROJECT GENERAL PURPOSE OF LEGISLATION The proposed project consists of the construction of the pool, a bathhouse, a filtration building, and necessary infrastructure. Overall, the project will result in a brand new, state of the art pool facility and will preserve the historic bathhouse for generations to come. The grant funds associated with this resolution will be applied specifically to the construction of the zero-entry and lap pool elements of the project. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Dormitory Authority of the State of New York, which administers this grant program, requires applicants to submit a resolution from the governing body of the municipality endorsing the application. FISCAL IMPACT There is no cost to the City associated with this resolution. It merely enables the City to apply for grant funding. Council Member Keegan introduced the following: RESOLUTION 53.52.24R A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING OUR COMMUNITY TO SUPPORT THE EQUAL RIGHTS AMENDMENT WHEREAS, the New York State Constitution prohibits discrimination based on race and religion there are no such protections for gender, sexual orientation, national origin, and other such protected classes; and WHEREAS, the Equal Rights Amendment would expand protection from discrimination to gender, sexual orientation, gender identity or expression, age, disability, ancestry or national origin; and WHEREAS, the Equal Rights Amendment has been passed by the New York State Legislature twice in 2022 and 2023; and WHEREAS, such protections from discrimination do not exist in the Federal Constitution and are therefore not guaranteed to all United States Citizens; and WHEREAS, the Federal Courts have ruled that the Equal Protection Clause specifically does not apply to women; and WHEREAS, the Equal Rights Amendment, originally proposed in 1923 by Alice Paul and Crystal Eastman was originally passed by the United States Congress in 1972 and remanded to the states for ratification under Article 5 of the United States Constitution; and WHEREAS, the Equal Rights Amendment failed to be ratified by the states denying half the country’s population equal rights under the law; and WHEREAS, the New York State Equal Rights Amendment will ensure that not only women but other individuals who have been targeted for discrimination will be treated equally under the law; and WHEREAS, the New York State Equal Rights Amendment will be on the ballot this coming November 5, 2024; and NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council encourages our community members to vote yes on the Equal Rights Amendment and vote in support of increased equity and protections under the New York State Constitution. To: Shaniqua Jackson, City Clerk From: Meghan Keegan, 9th Ward Council Member Re: Common Council Legislation Supporting Memorandum Date: May 2, 2024 Sponsor: Council Member Keegan RESOLUTION 53.52.24R TITLE A RESOLUTION OF THE COMMON COUNCIL ENCOURAGING OUR COMMUNITY TO SUPPORT THE EQUAL RIGHTS AMENDMENT GENERAL PURPOSE OF LEGISLATION This resolution encourages Albany residents to vote in support of the Equal Rights Amendment this coming November. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT None. Council Member Hoey, Farrell, and Frederick introduced the following: RESOLUTION 54.52.24R A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CREATION OF A NEW SOCCER STADIUM IN DOWNTOWN ALBANY WHEREAS, a yet-unnamed team representing Albany would be an addition to the MLS Next Pro franchise principally owned by Business for Good founders Ed and Lisa Mitzen; and WHEREAS, Charles Altchek, the MLS Next Pro league’s president and an MLS executive vice president, has said, “the Capital Region has been on our radar for some time”; and WHEREAS, a new 8000-seat stadium would be built in the Liberty Square area of downtown, known as the parking lot district; and WHEREAS, the project describes it as an opportunity to revitalize downtown and fill existing demands for new hotel and entertainment options, bringing needed jobs and revenues to the city; and WHEREAS, the facility could host concerts and other events, which would benefit the residents of the City of Albany; and WHEREAS, there is hope to launch a women’s professional soccer franchise that would also play in the stadium; and WHEREAS, a franchise playing the world’s most popular sport (soccer) in a downtown Albany stadium would be primed for success in ways that other teams are not; and WHEREAS, the Capital Region has many soccer clubs for our boys and girls, along with colleges with soccer teams that will support a team in our area; and WHEREAS, the Albany Common Council is committed to making Albany the “place to be”; and NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council thank Business for Good for bringing this project forward and we ask our elected state officials to fully support the plan and help secure the needed funding to make this proposal a reality. To: Shaniqua Jackson, City Clerk From: Tom Hoey, 15th Ward Council Member Re: Common Council Legislation Supporting Memorandum Date: May 10, 2024 Sponsor: Council Member Hoey, Farrell, Frederick RESOLUTION 54.52.24R TITLE A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE CREATION OF A NEW SOCCER STADIUM IN DOWNTOWN ALBANY GENERAL PURPOSE OF LEGISLATION This resolution shows the Albany Common Council’s support for the construction of the proposed soccer stadium in downtown Albany. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT N/A Council Members Love, Adams, Anane, Balarin, Clarke, Farrell, Flynn, Frederick, Hoey, Johnson, Keegan, Kimbrough, Robinson, Romero, and Zamer, with the support of Council President Ellis, introduced the following: RESOLUTION 55.52.24R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND WELCOMING THE STUDENTS PARTICIPATING IN THE 2024 YOUTH IN GOVERNMENT EVENT WHEREAS, the Albany Common Council has a longstanding tradition of welcoming local high school students to participate in the workings of city government; and WHEREAS, after a four-year hiatus due to the COVID-19 pandemic, the Common Council is excited to revive the Youth in Government Event by welcoming students into the chambers for the May 20th Regular Meeting; and WHEREAS, these students have demonstrated a passion for local government, public service, and the betterment of the City of Albany; and WHEREAS, students will have the opportunity to be sworn in as honorary Council Members and, under the advisement of their partner official, will help deliberate and vote on legislation under consideration by the Council; and WHEREAS, this role-playing experience will help our City’s best young residents appreciate how local government can work on behalf of all of our citizens; and WHEREAS, Youth in Government is an invaluable opportunity to engage with Albany’s youth, who represent the future public servants of our city; and NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council congratulates the outstanding high school students who are participating in the 2024 Youth in Government Event; and BE IT FURTHER RESOLVED, that as the school year comes to end, the members of the Common Council wish each student – whether they are still completing their high school careers, setting off to college, or on another path – the very best of luck and success in the future. To: Shaniqua Jackson, City Clerk From: Juliette Geraghty, Junior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: May 10, 2024 Sponsor: Council Members Love, Adams, Anane, Balarin, Clarke, Farrell, Flynn, Frederick, Hoey, Johnson, Keegan, Kimbrough, Robinson, Romero, and Zamer, with the support of Council President Ellis RESOLUTION 55.52.24R TITLE A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND WELCOMING THE STUDENTS PARTICIPATING IN THE 2024 YOUTH IN GOVERNMENT EVENT GENERAL PURPOSE OF LEGISLATION This resolution congratulates the outstanding high school students who are participating in the 2024 Youth in Government Event. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT None. COMMON COUNCIL OF THE CITY OF ALBANY ACTIVE LEGISLATION PREVIOUSLY INTRODUCED LEGISLATION NOW UNDER CONSIDERATION MAY 20, 2024 LOCAL LAWS B OF 2024 (AA 5/6) A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 42 THERETO CREATING THE CITY OF ALBANY ACTIVE TRANSPORTATION PLANNING COMMISSION ORDINANCES 1.12.24 (AA 5/6) AN ORDINANCE AMENDING SECTION 353-63 (“MAXIMUM CHARGES”) OF CHAPTTER 353 (“VEHICLES FOR HIRE”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE MAXIMUM FEE TOW TRUCK OPERATORS MAY CHARGE FOR TOWS NOT REQUESTED BY THE OWNER OF THE VEHICLE TO BE TOWED RESOLUTIONS 41.51.24R RESOLUTION OF THE COMMON COUNCIL APPROVING AND ENDORSING THE APPLICATION OF THE CITY OF ALBANY TO EMPIRE STATE DEVELOPMENT CORPORATION UNDER ROUND 8 OF THE RESTORE NY COMMUNITIES INITIATIVE MUNICIPAL GRANT PROGRAM FOR FUNDING TO ASSIST THE PRINCE HALL APARTMENTS PROJECT LOCATED AT 135 SOUTH PEARL STREET AND 120 MADISON AVENUE IN THE CITY OF ALBANY Council Members Zamer introduced the following: LOCAL LAW B OF 2024 (As Amended 5/6/24) A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 42 THERETO CREATING THE CITY OF ALBANY ACTIVE TRANSPORTATION PLANNING COMMISSION Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Chapter 42 (Departments and Commissions) of the Code of the City of Albany is hereby amended to read as follows, by adding a new Part 42, to be entitled “Active Transportation Planning Commission” thereto: PART 42 ACTIVE TRANSPORTATION PLANNING COMMISSION § 42-401 Establishment of Commission. There is hereby established a commission of the City of Albany to be known as the “Active Transportation Planning Commission.” § 42-402 Definitions. Cyclist Any individual sitting atop and actively engaged in the operation of a bicycle, not including a person walking a bicycle. Light electric vehicle Any small and lightweight electric vehicles, not exceeding 100 pounds, such as electric bikes, electric scooters, and electric skateboards. Pedestrian Any individual traveling by foot, wheelchair, or other mobility-assisting device. § 42-403 Membership; term; vacancies; meetings. A. The Commission shall be composed of five members, three of whom shall be appointed by the Common Council and two of whom shall be appointed by the Mayor. The first act of the members of the Commission, once appointed, shall be to elect a Chairperson and such other officers as the Commission shall deem necessary. Matter in strikethrough to be deleted. Matter underlined is new material. B. Members shall serve for three year terms. In order to effectuate staggered terms of membership, one member initially appointed by the Mayor shall serve a term of three years, and one shall serve a term of two years; of those appointed by the Common Council, one shall serve a term of one year, one shall serve a term of two years, and one shall serve a term of three years. Members shall continue to serve beyond the expiration of their terms until a new member is appointed or such serving member is reappointed. C. Each member must have been a permanent resident of the City of Albany for at least one year before the date of appointment, and must remain a permanent resident for the duration of their term. D. At least one of the members of the Commission shall be the parent or guardian of a student in a primary or secondary school within the City of Albany. E. The members of the Commission shall have demonstrated an active interest in public affairs and service, and shall have shown reasonably consistent and frequent use of non- automotive modes of transportation, and/or advocacy for pedestrian or cyclist safety and accessibility. F. The appointing authorities shall endeavor, to the best of their abilities to appoint individuals that shall be representative of the overall population of the City of Albany with regard to socioeconomic class, race/ethnicity, age, physical ability, and geographical residence; who represent a broad array of interests and priorities regarding pedestrian activity and cycling including but not limited to intensity, duration, and purpose; and who represent different categories of pedestrians and cyclists, including but not limited to: commuting walkers, commercial walkers, recreational walkers, and wheelchair users; and commuting cyclists and recreational cyclists. G. Members of the Commission shall serve without compensation. H. The Commissioner of the Department of Recreation, the Commissioner of the Department of General Services, the Director of Planning, the City Engineer, and the Chair of the Sustainability Advisory Committee, or their respective designees, shall serve on the Commission in an ex officio capacity. Such ex officio members shall serve in only an advisory capacity and shall neither have a vote nor count toward the Commission’s quorum. I. The Commission shall meet as often as necessary to discharge its duties in a timely fashion, but no fewer than five times between November 1st and March 1st of each year. Matter in strikethrough to be deleted. Matter underlined is new material. § 42-404 Powers and Duties. The Commission shall have the following powers and duties: A. To determine areas within the City of Albany that pose a safety and/or accessibility risk to pedestrians, cyclists and/or light electric vehicle users; B. To perform research and conduct studies on the costs, benefits, and feasibility of changes that should be done to those locations determined to pose a safety and/or accessibility risk to pedestrians and/or cyclists and/or light electric vehicle users in the City of Albany; C. To recommend plans for any changes in the City of Albany that advance pedestrian and/or cyclist and/or light electric vehicle user safety and/or accessibility, including but not limited to: expanded or new sidewalks, bollards, protected bicycle lanes, stop signs, and pedestrian crossings; D. To review implementation of the City of Albany Bicycle and Pedestrian Master Plan; and recommend changes of the document; E. To file an annual report with the Common Council and Mayor’s Office by the 1st of March of the following year, and to publish it online. The report should include recommendations for legislative, administrative, and/or related changes based on the findings of such aforementioned determinations and/or research, and include any and all plans for recommended changes and their rationales thereof. The report should also specify the work done by the Commission over the prior year, as well as the work planned for the upcoming year; F. If the Commission determines that an unreasonably severe hazard to pedestrian and/or cyclist safety exists within the City of Albany, the Commission shall then submit an official recommendation to the Department of General Services, the Planning Board of the City of Albany, the Department of Recreation, the office of the Mayor, or the Common Council and/or any other related agency, department, or organization the Commission deems responsible, who should then respond within six weeks of submission what action, if any, the City shall take with regard to its recommendation and the reasoning behind such action; G. To work in coordination with the other relevant departments, commissions, or organizations to publish maps and create signage for self-guided walking tours, be they recreational, educational or for any other purpose, in the City of Albany, to be available online or inside City Hall; and Matter in strikethrough to be deleted. Matter underlined is new material. H. To afford the public the ability to comment online, or by mail, on related issues and to serve as a forum for residents of the City to engage in civic dialogue regarding the safety and accessibility of walking and cycling in the City. Section 2. This ordinance shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 22ND DAY OF FEBRUARY, 2024 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: February 8, 2024 Sponsor: Council Member Zamer LOCAL LAW B OF 2024 (As Amended 5/6/24) TITLE A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 42 THERETO CREATING THE CITY OF ALBANY ACTIVE TRANSPORTATION PLANNING COMMISSION GENERAL PURPOSE OF LEGISLATION The safety of residents is critical to the wellbeing of the residents of Albany. Our pedestrians and Cyclists often share the road with cars, which continues to result in accidents. This legislation would create a commission for pedestrians and cyclists to review the conditions around Albany for cyclists and pedestrians and make recommendations to ensure their safety. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Generally, new permanent boards, committees, and commissions are created by adding the enabling legislation for such bodies to Chapter 42 of the City Code. Section 504 of the City Charter requires that new City commissions be created by local law. This legislation does not change any existing law, because the ambit of the Commission’s powers and duties are not generally within the current purview of any other City board, commission, or body. FISCAL IMPACT None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Flynn introduced the following: ORDINANCE 1.12.24 (As Amended 5/6/2024) AN ORDINANCE AMENDING SECTION 353-63 (“MAXIMUM CHARGES”) OF CHAPTTER 353 (“VEHICLES FOR HIRE”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE MAXIMUM FEE TOW TRUCK OPERATORS MAY CHARGE FOR TOWS NOT REQUESTED BY THE OWNER OF THE VEHICLE TO BE TOWED The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection (A) of section 353-63 (“Maximum charges”) of article III (“Tow- Truck Owners and Operators) of chapter 353 (“Vehicles for Hire”) of Part II (“General Legislation”) of the Code of the City of Albany is hereby amended to read as follows: A. All towing companies licensed pursuant to this article shall prepare a schedule of the charges for the towing and storage of motor vehicles, and such schedule shall be filed with the Chief of Police. Notwithstanding the foregoing, the maximum charge for the towing of any vehicle not in excess of 10,000 pounds, which has not been authorized by the owner or operator, shall be $100 $150. An additional flat fee of $25 for the dollying of a vehicle may be imposed. An additional charge of $55 per hour for winching may be imposed. The maximum charge for the storage of towed motor vehicles shall be $35 per day, or each part thereof, to commence after the vehicle has been on the premises for 24 hours. The aforesaid maximum rates shall also apply to the towing of motor vehicles which have become disabled upon a street or highway in the City of Albany regardless of whether said tow may have been authorized by the owner or operator of the vehicle. Section 2. This ordinance shall take effect 30 days from final passage. APPROVED AS TO FORM THIS 26th DAY OF APRIL, 2024 ________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Shaniqua Jackson, Acting City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: January 2, 2024 Sponsor: Council Member Flynn ORDINANCE 1.12.24 (As Amended 5/6/2024) TITLE AN ORDINANANCE AMENDING SECTION 353-63 (“MAXIMUM CHARGES”) OF CHAPTTER 353 (“VEHICLES FOR HIRE”) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE MAXIMUM FEE TOW TRUCK OPERATORS MAY CHARGE FOR TOWS NOT REQUESTED BY THE OWNER OF THE VEHICLE TO BE TOWED GENERAL PURPOSE OF LEGISLATION This ordinance raises the amount private tow truck operators may charge for tows not requested by the owner of the vehicle to be towed – e.g., tows ordered by APD for a vehicle parked illegally – from $100 to $150. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The $100 tow operators may charge for tows in the City of Albany is among the lowest rates of any municipality in the area. APD has reported that they are, of late, having a difficult time getting tow operators to respond to APD’s calls. APD has noted situations in which its officers have had to stay on the scene of an accident for more than an hour, waiting for a tow truck to respond – a situation which ties up officers who could be better serving the public interest by attending to more pressing matters. The tow operators cite the City of Albany’s low towing fee as the reason for their decreasing response rates and times. Other area entities allow operators to charge as follows, according to information that has been shared with APD: Entity Tow Charge Storage/Day Albany Co. Sheriff’s Dept. $225 $74 Bethlehem Police Dept. $250 $75 New York State Police $200 (Daytime), $225 (After Hours) $65 Rensselaer Police Dept. $125 $35 Menands Police Dept. $225 $75 Colonie Police Dept. $200 $60 SUNY Police Dept. $250 $60 Verizon Fleet $200 Unknown This legislation will increase the current $100 fee, codified in the City Code, to $150 to bring it better in line with other local entities and should, by so doing, increase response rates and times from tow operators to more appropriate and acceptable levels. The fee was last raised, from $75, in 2006, having been raised from $65 in 2001. FISCAL IMPACT This ordinance will increase the amount tow operators may charge for both towing and storage of vehicles towed within the City of Albany. Council Member Kimbrough introduced the following: Resolution Number 41.51.24R RESOLUTION OF THE COMMON COUNCIL APPROVING AND ENDORSING THE APPLICATION OF THE CITY OF ALBANY TO EMPIRE STATE DEVELOPMENT CORPORATION UNDER ROUND 8 OF THE RESTORE NY COMMUNITIES INITIATIVE MUNICIPAL GRANT PROGRAM FOR FUNDING TO ASSIST THE PRINCE HALL APARTMENTS PROJECT LOCATED AT 135 SOUTH PEARL STREET AND 120 MADISON AVENUE IN THE CITY OF ALBANY WHEREAS, vacant and underutilized properties persist to be a barrier to neighborhood revitalization and economic vitality; and WHEREAS, the building and adjacent vacant lot located at 135 South Pearl Street require redevelopment; and WHEREAS, 120 Madison Avenue is a vacant commercial property; and WHEREAS, the City of Albany is requesting financial aid from the State of New York under the Restore NY Communities Initiative to assist in funding for the Prince Hall Apartments project located at 135 South Pearl Street and 120 Madison Avenue in the City of Albany; and WHEREAS, the Project Applicants are a committed partner in community revitalization, seeking to rehabilitate a blighted structure, and is committed to providing development assistance to this project; and WHEREAS, the project will assist the redevelopment of these properties, serving as a catalyst in the revitalization of the South End neighborhood and by extension, the downtown Albany area; and WHEREAS, the City of Albany is seeking to apply to the Empire State Development Corporation for funding under Round 8 of the Restore NY Communities Initiative Municipal Grant Program; and WHEREAS, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located; and WHEREAS, the proposed project is consistent with the City of Albany’s local revitalization plans and community efforts as it supports and advances the goals of the adopted Albany 2030 comprehensive plan and the Capital South Plan: SEGway to the Future, the citywide economic development strategy and applicable neighborhood revitalization plans including efforts to secure funding through the South Pearl Downtown Revitalization Initiative application; and WHEREAS, the financing per the Restore NY Guidelines is appropriate for the project; and WHEREAS, the proposed project facilitates effective and efficient use of existing and future public resources, so as to promote economic development and preservation of community resources; and WHEREAS, the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create, and sustain employment opportunities where applicable; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby approve and endorse the application of the City of Albany to Empire State Development Corporation under Round 8 of the Restore NY Communities Initiative Municipal Grant Program for funding to assist the Prince Hall Apartments project at 135 South Pearl Street and 120 Madison Avenue in the City of Albany. To: Shaniqua Jackson, City Clerk From: Jake Eisland, Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: April 19, 2024 Sponsor: Council Member Kimbrough RESOLUTION NUMBER 41.51.24R TITLE RESOLUTION OF THE COMMON COUNCIL APPROVING AND ENDORSING THE APPLICATION OF THE CITY OF ALBANY TO EMPIRE STATE DEVELOPMENT CORPORATION UNDER ROUND 8 OF THE RESTORE NY COMMUNITIES INITIATIVE MUNICIPAL GRANT PROGRAM FOR FUNDING TO ASSIST THE PRINCE HALL APARTMENTS PROJECT LOCATED AT 135 SOUTH PEARL STREET AND 120 MADISON AVENUE IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION The project will fund the redevelopment of two buildings and a vacant lot serving as a catalyst for the revitalization of the South End neighborhood. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The resolution is required by the Restore NY Communities Initiative Municipal Grant Program application procedures. EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE Passage at the May 6, 2024 meeting is requested. FISCAL IMPACT(S) N/A