1. Active Calendar 1.I. July 6, 2023 | Active Calendar Documents: ACTIVE CALENDAR JULY 6 2023.PDF 2. Supporting Legislation 2.I. July 6, 2023 | Supporting Legislation Documents: JULY 6, 2023.PDF 2.II. Local Law D Of 2023 Documents: LOCAL LAW D OF 2023 (ANANE) AMENDING SECTION 5 OF LOCAL LAW I- 2016 IN RELATION TO THE EXPIRATION THEREOF.PDF 2.III. Local Law E Of 2023 Documents: LOCAL LAW E OF 2023 (KEEGAN) AMENDING CHAPTER 255 (PEACE AND GOOD ORDER)OF THE CODE BY ADDING THERETO A NEW ARTICLE XI TO BE ENTITLED-HARASS .PDF 2.IV. Local Law F Of 2023 Documents: LOCAL LAW F OF 2023 (ADAMS) AMENDING PART 4 (ROP AND RENTAL DWELLING REGISTRY) OF CHAPTER 231 (HOUSING) OF THE CODE - STR.PDF 2.V. Ordinance 15.41.23 Documents: ORDINANCE 15.41.23 (ROMERO) AMENDING ARTICLE V (COMPLETE STREETS) OF CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY.PDF 2.VI. Ordinance 16.42.23 Documents: ORDINANCE 16.42.23 (FARRELL) AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES).PDF 2.VII. Ordinance 22.61.23 Documents: Documents: ORDINANCE 22.61.23 (BALARIN) AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE IN RELATION TO THE PARKING OF ELECTRIC VEHICLES .PDF 2.VIII. Resolution 65.62.23R Documents: RESOLUTION 65.62.23R (PLANNING) REAPPOINTING ANDRE LAKE AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE.PDF 2.IX. Resolution 66.62.23R Documents: RESOLUTION 66.62.23R (PLANNING) REAPPOINTING DANIEL KIRK- DAVIDOFF AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. July 6, 2023 | Agenda Documents: 23 AGENDA 0706.PDF Page 1 of 3 Albany Common Council Active Calendar Meeting of Thursday July 6, 2023 (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 (b) Local Law D 8 Anane A LOCAL LAW AMENDING of 2023 SECTION 5 OF LOCAL LAW I-2016 IN RELATION TO THE EXPIRATION THEREOF Local Laws Held (b) Local Law E 9 Keegan A LOCAL LAW AMENDING of 2023 CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE XI TO BE ENTITLED “HARASSMENT OF A CODE ENFORCEMENT OFFICER, PUBLIC SERVICE OFFICER, OR TRAFFIC SAFETY AIDE” Local Laws Held (b) Local Law F of 10 Adams A LOCAL LAW AMENDING 2023 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 Ordinances Held (b) 15.41.23 8 Romero 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 Page 2 of 3 Ordinances Held (b) 16.42.23 9 Farrell o/b/o AN ORDINANCE Law, Buildings, AMENDING ARTICLE V and Code (UNNECESSARY AND Enforcement UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY Ordinances Held (c) 22.61.23 13 Balarin AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES Ordinances Introduced 30.71.23 N/A Love AN ORDINANCE (a)(d) AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING DISCRIMINATION ON THE BASIS OF HAIR TEXTURE AND STYLE Resolutions Held (c) 65.62.23R 18 Balarin o/b/o A RESOLUTION OF THE Planning COMMON COUNCIL Economic REAPPOINTING ANDRE Development, LAKE AS A MEMBER OF and Land Use THE SUSTAINABILITY ADVISORY COMMITTEE Resolutions Held (c) 66.62.23R 19 Balarin o/b/o A RESOLUTION OF THE Planning COMMON COUNCIL Economic REAPPOINTING DANIEL Development, KIRKDAVIDOFF AS A and Land Use, MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE Resolutions Introduced (a) 71.71.23R N/A Keegan A RESOLUTION OF THE COMMON COUNCIL DESIGNATING JULY AS DISABILITY PRIDE MONTH Resolutions Introduced (a) 72.71.23R N/A Hoey A RESOLUTION OF THE COMMON COUNCIL Page 3 of 3 CELEBRATING JULY 4, 2023 AS INDEPENDENCE DAY Resolutions Introduced (a) 73.71.23R N/A Zamer A RESOLUTION OF THE COMMON COUNCIL CONDEMNING THE OVERTURNING OF ROE V. WADE BY THE SUPREME COURT OF THE UNITED STATES AND REAFFIRMING ITS COMMITMENT TO REPRODUCTIVE RIGHTS (a) Pending Discussions at Caucus on Wednesday, June 28 , 2023 @ 5:30pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (b) Pending discussions at Law, Buildings and Codes Committee Meeting, June 26, 2023 @ 5:30pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (c) Pending discussions at Planning, Economic Development and Land Use Committee Meeting, June 27, 2023 @ 5:30pm IN PERSON in the Council Chamber, 2nd Floor, City Hall (d) Pending approval by Unanimous Consent on Thursday, July 6, 2023 (6/23/2023) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION JULY 6, 2023 ORDINANCES 29.71.23 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES 30.71.23 AN ORDINANCE AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING DISCRIMINATION ON THE BASIS OF HAIR TEXTURE AND STYLE RESOLUTIONS 71.71.23R A RESOLUTION OF THE COMMON COUNCIL DESIGNATING JULY AS DISABILITY PRIDE MONTH 72.71.23R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING JULY 4, 2023 AS INDEPENDENCE DAY 73.71.23R A RESOLUTION OF THE COMMON COUNCIL CONDEMNING THE OVERTURNING OF ROE V. WADE BY THE SUPREME COURT OF THE UNITED STATES AND REAFFIRMING ITS COMMITMENT TO REPRODUCTIVE RIGHTS 74.71.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE CITY OF ALBANY TO ACCEPT GRANT FUNDS FROM AND ENTER INTO A CONTRACT WITH THE STATE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION REGARDING THE RESTORATION OF THE CITY HALL ROOF 75.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF GLINNESA D. GAILLIARD, ESQ. TO THE CITY OF ALBANY PLANNING BOARD 76.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF SHADI KHADIVI TO THE CITY OF ALBANY PLANNING BOARD Council Member Balarin introduced the following: ORDINANCE 29.71.23 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVLEOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Article III (Use Regulations) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 375-302 Permitted Use Table. Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Use-Specific MU-FW MU-CU MU-CH MU-FM MU-NE MU-DT MU-NC MU-FC MU-FS MU-CI R-1M R-1L Standard in R-M R-V R-T R-2 LC I-1 I-2 Zoning District Article III LAND USE CATEGORY COMMERCIAL USES Food, and Beverage and Consumption Service Bar or tavern § 375- cannabis consumption C P P P C P P P C [6] P 303(4)(b)(i) site § 375- Restaurant C [1] C [1] C [1] C P[5] P P P P P P P P[6][7] P 303(4)(b)(ii) Retail § 375- Adult retail[10] C C P 303(4)(f)(i) § 375- Convenience retail[11] P[5] P P P P P P P P[6][7] P 303(4)(f)(ii) § 375- General retail C P[5] P P P P P P P P[6][7] A A 303(4)(f)(iii) Controlled substance § 375- C C C C P P dispensary 303(4)(f)(iv) § 375- Specialty retail P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] A 303(4)(f)(v) § 375- Supermarket P P P C P P P P[6][7] P 303(4)(f)(vi) INDUSTRIAL USES Manufacturing, Production and Extraction § 375- Artisan manufacturing C P P P P P P P P[6][7] P P 303(5)(b)(i) § 375- Heavy manufacturing P 303(5)(b)(ii) § 375- Light manufacturing C P P P 303(5)(b)(iii) Marijuana § 375- P P P manufacturing facility 303(5)(b)(iv) NOTES: [1]This use allowance is limited to portions of the ground or basement floor where the exterior of the building was originally designed, or subsequently altered prior to June 1, 2015, by an addition extending the building closer to the sidewalk than the original facade or the installation of commercial display windows that render use of the ground floor or basement as a residence impractical, and shall not exceed 1,500 square feet of gross floor area. [2]This use allowance is limited to buildings that were originally designed for nonresidential use. [3]This use is permitted in structures that were originally designed and constructed as multi-unit dwellings, and only for the number of dwelling units that legally existed prior to the adoption of this USDO. [4]A conditional use permit is required when the use exceeds 3,000 square feet of gross floor area. [5]A conditional use permit is required when the use exceeds 5,000 square feet of gross floor area. [6]Not permitted in areas designated as "connected edge" on the MU-FM District regulating plan. [7]A conditional use permit us required in areas designated as "neighborhood general" on the MU-FM District regulating plan. Section 2. Paragraph b (Food and beverage service) of subsection 4 (Commercial uses) of [8]This use shall not be located within 500 feet of an existing group living, other use. [9]This use shall be at least 1,000 feet from the nearest boundary line of a lot with a household living use, a group living use, a religious section 375-303 (Use-specific standards) of Chapter 375 (Unified Sustainable Development institution or a school or a park. [10]This use shall be located at least 1,000 feet from a religious institution, a school, a residential zoning district or a park, playground. Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended [11]This use shall not be located within 1,000 feet of an existing convenience retail use. to read as follows: [12]A conditional use permit is required to increase the number of dwelling units within an existing building. See § 375-303(8). Matter in strikethrough to be deleted. New material is underlined. (b) Food and, beverage, and consumption service. (i) Bar or tavern or cannabis consumption site. (Reserved) (ii) Restaurant A. Any bar area shall be secondary and incidental to food service. B. No restaurant shall continue to serve alcohol for more than one hour after the normal menu food service has closed, or it shall seek approval to operate as a bar or tavern. Section 3. Paragraph f (Retail) of subsection 4 (Commercial uses) of section 375-303 (Use- specific standards) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: (f) Retail. (i) Adult retail. A. Adult retail uses shall be located a minimum of 1,000 feet from a religious institution, school, residential zoning district, park or playground. B. Adult retail uses shall be located a minimum of 1,000 fee from another adult entertainment or adult retail use. C. No adult retail use shall exceed 10,000 square feet of gross floor area. (ii) Convenience retail. A. No convenience retail use shall be located within 1,000 feet of another convenience retail use. B. The owner of the property shall keep on file with the Albany Police Department and the Department of Buildings and Regulatory Compliance the following information, and shall keep the information provided to those departments current at all times: 1. The name, address, telephone, and electronic notice information of the owner of the property and the operator of the convenience store (if it is not the property owner). Matter in strikethrough to be deleted. New material is underlined. 2. If the property owner resides more than 30 miles away from the property, the name, address, telephone, and electronic notice information for a designated local contact located closer to the property and authorized to accept and respond to any complaints about the operation of the property or business. C. Any use established or first occupying a property after June 1, 2017, shall be required to comply with the following standards before a certificate of occupancy will be issued. Any use established or first occupying a property before June 1, 2017, shall be required to comply with the following standards within two years after June 1, 2017. 1. Install a surveillance camera system with at least three cameras: one overlooking the cash register; one overlooking each public entrance to the convenience store; and one overlooking any on-site parking area. Cameras shall be operational 24 hours of each day or shall be triggered by motion detectors; recordings shall include the date and time the image was taken, and shall be retained for at least 30 days after each image is taken. Only the owner and facility operator shall have access to the recorded images. 2. Install a drop safe bolted to the floor near the cash register in a location visible by the security camera overlooking the cash register. 3. The building or site shall be designed to allow a clear line of site from the public right-of-way to each cash register area, and that clear line of site shall remain unobstructed by goods, materials, shelves, or anything hung from the ceiling or attached to a window or door. 4. Install trash receptacles in locations that are not visible from public rights-of-way. 5. Install signage near the front entrance (no larger than one square foot) that reads: "No Loitering." 6. The exterior of the premises shall be kept free of vending machines, merchandise and open storage. 7. Ensure that in compliance with § 375-409(4)(e), window signs do not obstruct more than 15% of any individual window, or collectively more than 10% of the window area on any story of the building, exclusive of any notices required by federal, state, or local law. 8. All original window openings must be transparent and comply with Subsection (4)(f)(ii)C3 and 7 above. Matter in strikethrough to be deleted. New material is underlined. 9. Remove all litter from the premises, public sidewalks, curbs and alleys along the perimeters of the property, at least once each week. 10. Any convenience retail disallowed under the provisions of § 375- 507(5) shall not be reestablished within one year or closure and shall require a conditional use permit to be reopened. (iii) General retail. A. Merchandise may not be displayed, stored, or offered for sale on any yard adjacent to a residential district or within a public right-of-way. B. Cannabis Dispensary 1. Cannabis dispensaries shall comply with all regulations and standards as provided in the New York State Cannabis Law, and any prevailing regulations that New York State may enact. 2. No cannabis dispensary shall operate before 8:00 a.m. or after 11:00 p.m. (iv) Controlled substance dispensary. A. Marijuana dispensary. 1. No person or entity shall produce, grow, or sell medical marijuana or hold itself out as a New York State registered or licensed organization unless they are in compliance with New York State Public Health Law Article 33 or the New York State Cannabis Law and are registered or licensed as required by such laws, or are performing activities expressly exempt by such laws. B. Methadone dispensary. 1. This facility shall not be permitted in locations where its busiest hours of operation would cause significant congestion on any public street at peak traffic hours, as determined by the Albany Police Department, unless the facility enters into an agreement with the City to schedule or limit hours of operation to avoid such significant traffic congestion. Section 4. Paragraph b (Manufacturing, processing and extraction) of subsection 5 (Industrial uses) of section 375-303 (Use-specific standards) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Matter in strikethrough to be deleted. New material is underlined. (b) Manufacturing, processing and extraction. (i) Artisan manufacturing A. No outdoor storage shall be permitted except in the I-1 and I-2 Districts. (ii) Heavy manufacturing. A. All mining and related operations shall comply with Chapter 211, Article III (Mining Operations) of the City Code. (iii) Light manufacturing. A. No outdoor storage shall be permitted except in the I-1 and I-2 Districts. (iv) Marijuana manufacturing facility. A. No person or entity shall produce, grow, or sell medical marijuana or hold itself out as a New York State registered organization unless it has complied with Article 33 of the New York Public Health Law and this USDO, and is registered by the New York State Department of Health. B. A registered organization shall only manufacture approved medical marijuana products in accordance with Article 33 of the Public Health Law. C. A registered organization shall only manufacture approved medical marijuana products in an indoor, enclosed, secure facility. D. A registered organization shall not dispense approved medical marijuana products from the same location where the marijuana is grown or manufactured. E. All marijuana manufacturing facilities shall have a security system to prevent and detect diversion, theft, or loss of marijuana and/or medical marijuana products, using commercial grade equipment. F. Marijuana manufacturing facilities shall be restricted to only a single external sign with only black and white colors that shall not be illuminated at any time. Section 5. Subsection 2 (Hours of operation) of section 375-410 (Operating and maintenance) of Article IV (Development Standards) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Matter in strikethrough to be deleted. New material is underlined. (2) Hours of operation. (a) In the R-1L, R-1M, R-2, R-T, R-M, and R-V Zoning Districts, no nonresidential use shall operate before 8:00 a.m. or after 10:00 p.m. (b) In the MU-NE Zoning District, no nonresidential use shall operate before 6:00 a.m. or after 11:00 p.m. (c) In the, MU-NC, MU-CU, MU-CI and MU-FM Zoning Districts, no use categorized as a food and, beverage and consumption use in Table 357.302.1 (Permitted Use Table) shall operate before 5:00 a.m. or after 2:00 a.m. (d) Cannabis dispensaries shall be subject to the hours of operation established in § 375-303(4)(f)(iii)(B). (e) Sidewalk and outdoor cafes shall be subject to the hours of operation established in § 375-303(6)(m). Section 6. Section 375-602 (Definitions) of Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows only with regard to those definitions which are herein amended, inserted, or deleted, and which are to put in their appropriate places, alphabetically, within in the section : BANQUET FACILITY A building or part of a building in which the principal function is hosting special occasion events, parties, banquets, receptions, and that serves food and drink prepared elsewhere to groups of people on the premises, but that does not meet the definition of a bar or tavern cannabis consumption site. This use may have facilities for refrigeration or heating of food, but generally does not have facilities to prepare the food it serves on the premises. See also “restaurant.” BAR or TAVERN CANNABIS CONSUMPTION SITE An establishment where alcoholic beverages or cannabis products are sold to be consumed on the premises, and where any sale of food is secondary to the sale of alcoholic beverages or cannabis. This definition includes, but is not limited to a bar, grill, saloon, pub, public house, been garden, brewpub, cannabis lounge, or similar establishment, but does not include a banquet facility. CANNABIS DISPENSARY A business that is registered or licensed in the State of New York that sells or otherwise distributes cannabis for consumption off-premises. CONTROLLED SUBSTANCE DISPENSARY A business that is registered to operate in the State of New York that sells or otherwise distributed distributes drugs, goods, or materials that are listed as controlled substances under the Federal Controlled Substances Act or the New York State Public Health Law to Matter in strikethrough to be deleted. New material is underlined. persons, and under conditions, authorized by the State of New York. This use includes a marijuana dispensary and a methadone dispensary, but shall not include a cannabis dispensary. MARIJUANA DISPENSARY A business that is registered or licensed in the State of New York that sells or otherwise distributes marijuana. MARIJUANA MANUFACTURING FACILITY Includes, but is not limited to, cultivation, harvesting, extraction or other processing, packaging and labeling of marijuana for sale. OFFICE, GENERAL Establishments providing executive, management, administrative, professional services, consulting, banking, laboratory, recordkeeping, music or sound recording, or a headquarters of an enterprise or organization, but not including the on-premises sale of retail goods. This use does not include a blood plasma center, laboratory or research facility, professional office, marijuana cannabis dispensary, medical clinic or methadone dispensary. RETAIL A use that meets the definition of convenience retail, general retail, specialty retail, supermarket, but not including a marijuana dispensary or methadone dispensary. (1) RETAIL, GENERAL Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including auction houses, that do not meet the definition of any other retail use, a restaurant use, or any other use listed in Table 375.302.1 (Permitted Use Table). This use shall include cannabis dispensaries. (2) RETAIL, CONVENIENCE A retail store selling a limited selection of groceries, beverages, snacks, lottery tickets, newspapers, magazines, tobacco products, household products and personal items to be consumed primarily off the premises. This use is designed to attract customers who purchase a relatively few items and depends upon a large volume of stop-and-go traffic. (3) RETAIL, SPECIALTY A retailer concentrating on selling a limited or select merchandise line of goods and having a narrow but extensive selection in their specialty. Examples are bicycle shops, music stores, florists, photo supply stores and antique shops. (4) RETAIL, SUPERMARKET A retail or wholesale store selling foodstuffs and daily essential items, which may include but not be limited to canned goods, meats, dairy products, vegetables, Matter in strikethrough to be deleted. New material is underlined. condiments and paper goods, and in which at least 5% of the gross revenues of the establishment come from sales of fresh vegetables, fruit, and produce. Section 7. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 23RD DAY OF JUNE, 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. New material is underlined. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: June 23, 2023 Sponsor(s): Council Member Balarin ORDINANCE 29.71.23R TITLE AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVLEOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES GENERAL PURPOSE OF LEGISLATION This ordinance updates the USDO with regard to Cannabis dispensaries in the City of Albany. This ordinance will need a SEQRA review and to be referred to the Albany County Planning Board under GML § 239-m. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Section1 of this ordinance updates the permitted use table. Section 2 changes references to “food and beverage service and “bar and tavern” to include cannabis consumption sites. Section 3 adds use-specific standards for cannabis dispensaries, and removes references to marijuana dispensaries. Section 4 gets rid of use-specific standards for marijuana manufacturing facilities. Section 5 establishes hours of operation for cannabis consumption sites and dispensaries. Section 6 adds definitions for “Cannabis Consumption Site” and “Cannabis Dispensary,” deletes definitions for “Marijuana Dispensary” and “Marijuana Manufacturing Facility,” and clarifies and updates other definitions. FISCAL IMPACT None. Council Member Love introduced the following: ORDINANCE 30.71.23 AN ORDINANCE AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING DISCRIMINATION ON THE BASIS OF HAIR TEXTURE AND STYLE The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection A of section 48-25 (Definitions) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of Part I (Administrative Legislation) of the Code of the City of Albany is amended to be repealed and a new subsection A shall be added to read as follows: A. When used in this article, the following terms shall have the meanings indicated: Commission The City of Albany Human Rights Commission. Disability Shall be defined and used for the purposes of this article as such term is defined and used in the New York Executive Law, as amended. Discrimination Includes segregation and separation. Domestic Partner Persons who have a registered domestic partnership pursuant to Article V of Chapter 245 of the Code of the City of Albany. Employee Does not include any individual employed by his their parents, spouse or child in the domestic service of any person. Employment Agency Includes any person undertaking to procure employees or opportunities to work. Gender, Gender Identity or Expression Shall include actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth. Matter in strikethrough to be deleted. New material is underlined Housing Accommodation Includes any building, structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more human beings. Marital Status Shall be defined and used for the purposes of this article as such term is defined and used in the New York Executive Law, as amended. National Origin Includes ancestry. The terms “disability,” marital status” and “sex” shall be defined and used for the purposes of this article as they are defined and used in the New York Executive Law, as amended. Natural Hairstyle Includes hairstyles typically associated with racial, ethnic, cultural, and religious groups including, but not limited to, Black people, Native Americans, Sikhs, Muslims, Jews, and Nazirites. This definition shall include, but not be limited to those hairstyles and textures most commonly associated with Black people and that are untreated by chemicals or heat and can be styled with or without extensions, whether such hairstyles are in a trimmed or untrimmed state. This definition shall include, among other hairstyles, afros, protective hairstyles such as twists, locs, braids, cornrows, and Bantu Knots, head wraps, scarfs, the use of color and/or dye, extensions, and/or patterned or shaved hairstyles. . Office The City of Albany Office of Equal Employment Opportunity and Fair Housing. Person Includes one or more individuals, partnership associations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers. Place of Public Accommodation, Resort or Amusement Includes, except as hereinafter specified, all places included in the meaning of such terms as set forth in the New York Executive Law, Article 15, § 292, as amended, incorporated herein by reference. Provision of City Services Includes any service by the City of Albany, either directly or indirectly through a grant or award of funds or on a contractual basis, including a service, activity or even which is fully or partially funded for a specific or general purpose with City funds or funds administered by the City of Albany. Nothing herein shall be interpreted to prohibit the provision of a City service, which is otherwise provided on a nondiscriminatory basis, to a targeted population or class of individuals. Matter in strikethrough to be deleted. New material is underlined Sex Shall be defined and used for the purposes of this article as such term is defined and used in the New York Executive Law, as amended. Sexual Orientation Includes actual or perceived heterosexuality, homosexuality, asexuality, bisexuality, and pansexuality. Section 2. Section 48-26 (Unlawful discriminatory practices) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of Part I (Administrative Legislation) of the Code of the City of Albany is amended to be repealed and a new section 48-26 shall be added to read as follows: § 48-26 Unlawful discriminatory practices. A. It shall be an unlawful discriminatory practice: (1) For an employer or licensing agency, because of the age, race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, disability, marital or domestic partner status, or natural hairstyle of any individual to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. (2) For an employment agency to discriminate against any individual because of age, race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, disability, marital or domestic partner status, or natural hairstyle in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers. (3) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for employment or to make any inquiry in connection with prospective employment which expresses, directly or indirectly, any limitations, specification or discrimination as to age, race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, disability, marital or domestic partner status, or natural hairstyle or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, however, that neither this subsection nor any provision of this article or other law shall be construed to prohibit the personnel office from requesting information from applicants for civil service examinations concerning any of the aforementioned characteristics for the purpose of conducting studies to identify and resolve possible problems in recruitment and testing of members of minority groups to ensure the fairest possible and equal opportunities for employment in the civil service for all persons, regardless of age, race, sex, creed, Matter in strikethrough to be deleted. New material is underlined color, religion, national origin, sexual orientation, gender, gender identity or expression, disability, marital or domestic partner status, or natural hairstyle. (4) For any employer or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article. (5) Nothing in this article shall affect any restrictions upon the activities of persons licensed by the state liquor authority with respect to persons under 21 years of age. (6) Nothing contained herein shall restrict an employer's right to insist that an employee meet bona fide job-related qualifications of employment or shall authorize or require employers to establish affirmative action quotas or to inquire about the sexual orientation or gender expression of current or prospective employees. B. Places of public accommodation, resort or amusement. (1) It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, agent or employee of any place of public accommodation, resort or amusement, because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle of any person, directly or indirectly to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or directly or indirectly to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle or that the patronage or custom thereat of any person of or purporting to be of any particular race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age or marital status or having a disability, or having a natural hairstyle is unwelcome, objectionable or not acceptable, desired or solicited. (2) Nothing in this article shall be construed to prevent the barring of any person, because of the sex of such person, from places of public accommodation, resort or amusement if the Commission grants an exemption based on bona fide considerations of public policy, nor shall this article apply to the rental of rooms in a housing accommodation which restricts such rental to individuals of one sex. C. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesman or employee or agent thereof or any other individual, corporation, partnership or organization, for the purpose of inducing a real estate transaction from which any such Matter in strikethrough to be deleted. New material is underlined person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyles of the owners or occupants in the block, neighborhood or area in which the real property is located and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior or a decline in the quality of schools or other facilities. D. Housing accommodations. (1) It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee or managing agent of or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof: (a) To refuse to sell, rent or lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle of such person or persons. (b) To discriminate against any person because of his race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith. (c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for the purchase, rental or lease of such housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle or any intent to make any such limitation, specification or discrimination. (2) The provisions of this subsection shall not apply: (a) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living Matter in strikethrough to be deleted. New material is underlined independently of each other, if the owner or members of his family reside in one of such housing accommodations; (b) To the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex; (c) To the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and he or members of his family reside in such housing accommodation; or (d) Solely with respect to age, to the restriction of the sale, rental or lease of housing accommodations exclusively to persons 55 years of age or older. (3) It shall be an unlawful discriminatory practice for the owner, lessee, sublessee or managing agent of or other person having the right of ownership or possession of or the right to sell, rent or lease, land or commercial space: (a) To refuse to sell, rent or lease or otherwise deny to or withhold from any person or group of persons such commercial space because of the age of such person or persons or land or commercial space because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle of such person or persons. (b) To discriminate against any person because of her race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle in the terms, conditions or privileges of the sale, rental or lease of any such land or commercial space or in the furnishing of facilities or service in connection therewith. (c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for the purchase, rental or lease of such land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of such land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle or any intent to make any such limitation, specification or discrimination. (d) With respect to age, the provisions of this subsection shall not apply to the restriction of the sale, rental or lease of land or commercial space exclusively to persons 55 years of age or older. Matter in strikethrough to be deleted. New material is underlined (4) It shall be an unlawful discriminatory practice for any real estate broker, real estate salesman or employee or agent thereof: (a) To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease of any housing accommodation, land or commercial space to any person or group of persons because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle of such person or persons or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression, age, disability, marital or domestic partner status, or natural hairstyle of such person or persons. (b) To print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression age, disability, marital or domestic partner status, or natural hairstyle or any intent to make any such limitation, specification or discrimination. (c) With respect to age, the provisions of this subsection shall not apply to the restriction of the sale, rental or lease of any housing accommodation, land or commercial space exclusively to persons 55 years of age or older. (5) It shall be an unlawful discriminatory practice for any real estate board, because of the race, sex, creed, color, religion, national origin, sexual orientation, gender, gender identity or expression gender expression, age, disability, marital or domestic partner status, or natural hairstyle of any individual who is otherwise qualified for membership, to exclude or expel such individual from membership or to discriminate against such individual in the terms, conditions and privileges of membership in such board. E. Provision of City services. Matter in strikethrough to be deleted. New material is underlined (1) It shall be an unlawful discriminatory practice for any department, agency, board, commission, authority, employee or other entity of the City of Albany to discriminate in the provision of City services, for which a person is otherwise entitled, because of the age, race, sex, creed, color, religion, national origin, sexual orientation, gender, gender expression, disability, marital or domestic partner status, or natural hairstyle of such person. (2) Any notice of the availability of a grant or award of funds, or notice of a solicitation of bids, for the provision of City services shall include a clause on discriminatory practices prohibited in accordance with this article. (3) Any contractual agreement entered into, or award or grant of funds, by or on behalf of the City of Albany for the provision of City services, shall be in conformance with the provisions of this article and shall stipulate that the contractor, awardee or grantee shall not engage in a discriminatory practice prohibited by this article. F. It shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article or to attempt to do so. G. It shall be an unlawful discriminatory practice for any person engaged in any activity to which this section applies to retaliate or discriminate against any person because he has opposed any practices forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article. H. It shall be an unlawful discriminatory practice for any party to a conciliation agreement made pursuant to § 48-27 of this article to violate the terms of such agreement. I. Notwithstanding the provisions of Subsections A and D of this section, it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor-management committee to carry out a plan to increase the employment of members of a minority group. J. Nothing in this section shall prohibit the offer or acceptance of a partial discount to a person 65 years of age or older for housing accommodations. Section 3. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS XXRD DAY OF JUNE, 2023 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. New material is underlined To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: March 8, 2023 Sponsor: Council Member Love ORDINANCE 30.71.23 TITLE AN ORDINANCE AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING DISCRIMINATION ON THE BASIS OF HAIR TEXTURE AND STYLE GENERAL PURPOSE OF LEGISLATION The City of Albany’s Omnibus Human Rights Law prohibits discrimination on the basis of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, and marital or domestic partner status in a number of fields including employer hiring practices, places of public accommodation such as restaurants, hotels, and gyms, as well as in real estate transactions, housing accommodations, and the provision of City services. People with natural hairstyles are not, however, currently protected under the City’s Human Rights Law. Grooming and professionalism policies, as well as broader prejudice toward natural hairstyles, have disparately impacted individuals of color, specifically Black people, for centuries. This legislation seeks to help correct this wrong by making discrimination on the basis of an individual’s natural hairstyle unlawful. NECESSITY FOR LEGSILATION AND ANY CHANGE TO EXISTING LAW This ordinance provides a definition for natural hairstyles and adds the phrase “or natural hairstyle” to each of the nineteen instances where the classes protected by the Omnibus Human Rights Law are mentioned within the text of the law. The ordinance also changes one existing use of the word “his” to the more gender neutral “their.” Finally, the definitions of the terms “disability,” “marital status,” and “sex,” which were, for some reason, hidden under the definition of “national origin,” have been broken out and given their own individual definitions. FISCAL IMPACT None. Council Member Keegan introduced the following: RESOLUTION 71.71.23R A RESOLUTION OF THE COMMON COUNCIL DESIGNATING JULY AS DISABILITY PRIDE MONTH WHEREAS, the City of Albany recognizes the importance of promoting diversity, inclusion, and equality for all residents; and WHEREAS, the City of Albany acknowledges the significant contributions and achievements of individuals with disabilities in the community; and WHEREAS, the City of Albany recognizes that disability rights are human rights, and that individuals with disabilities deserve to be respected, valued, and celebrated for their unique abilities and talents; and WHEREAS, Disability Pride Month provides an opportunity for the City of Albany to raise awareness about the challenges faced by individuals with disabilities, promote inclusivity, and foster a sense of pride and self-advocacy among disabled individuals; and WHEREAS, Disability Pride Month aims to promote disability culture, challenge societal stereotypes and stigmas, and encourage positive representation of individuals with disabilities in all aspects of life; and WHEREAS, it is crucial to ensure that individuals with disabilities have access to necessary resources, services, education, employment opportunities, and healthcare to lead fulfilling and independent lives; and WHEREAS, the Common Council of the City of Albany seeks to advance the goals and principles set forth in the Americans with Disabilities Act (ADA) of 1990, which was passed in July and works to protect the rights of individuals with disabilities and promote their full participation in all aspects of society; NOW, THEREFORE, BE IT RESOLVED that July be designated as Disability Pride Month in the City of Albany, a time for the community to come together to celebrate the achievements and contributions of individuals with disabilities, and to raise awareness about disability rights, inclusion, and accessibility; and BE IT FURTHER RESOLVED that during Disability Pride Month, the City of Albany encourages local organizations, businesses, educational institutions, and community members to organize and participate in events, activities, and initiatives that promote disability awareness, inclusion, and acceptance; and BE IT FURTHER RESOLVED that the City of Albany will collaborate with local disability advocacy groups, organizations, and individuals to develop and implement educational programs, workshops, and awareness campaigns that foster understanding, respect, and empathy for individuals with disabilities; and BE IT FINALLY RESOLVED that the Common Council of the City of Albany calls upon residents of the City to actively support and engage with individuals with disabilities, to celebrate their accomplishments, and to work towards removing barriers and creating an inclusive society for all. To: Danielle Gillespie, City Clerk From: Jake Eisland, Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: June 21, 2023 Sponsor: Councilmember Keegan RESOLUTION 71.71.23R TITLE A RESOLUTION OF THE COMMON COUNCIL DESIGNATING JULY AS DISABILITY PRIDE MONTH GENERAL PURPOSE OF LEGISLATION To recognize and celebrate Disability Pride Month. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A FISCAL IMPACT(S) None. Council Member Hoey introduced the following: RESOLUTION NUMBER 72.71.23R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING JULY 4TH, 2023 AS INDEPENDENCE DAY WHEREAS, on the 4th of July 1776, our nation claimed its place in the world as a new republic, founded on the principles of freedom, liberty, and justice for all; and WHEREAS, Independence Day is an occasion of profound significance, an opportunity to remember our past, to honor the sacrifices of those who fought for our independence, and to renew our commitment to the ideals upon which our nation was founded; and WHEREAS, this esteemed occasion brings us together to rejoice in our shared heritage, to express our patriotism, and to show our unity as a community; and WHEREAS, this esteemed occasion brings us together to rejoice in our shared heritage, to express our patriotism, and to show our unity as a community; and WHEREAS, this occasion also provides the opportunity to assess if we have truly lived up to the values and promises of our Nation’s independence; and WHEREAS, on July 5, 1852, Frederick Douglass, a revered abolitionist, delivered a speech entitled “What to the Slave is the Fourth of July,” invoking the spirit of the Declaration of Independence while challenging the nation to live up to its promise of freedom and equality for all people, regardless of color; and WHEREAS, Frederick Douglass’s speech remains a stirring reminder that our nation's journey toward equality is still ongoing, with progress to be made in ensuring that the spirit of Independence Day - freedom, liberty, and justice - is a reality for everyone; and WHEREAS, the City of Albany recognizes the importance of acknowledging our complex history, learning from it, and continuing to strive towards a society where all citizens can equally enjoy the rights and privileges that come with being an American; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany celebrates July 4th, 2023 as Independence Day, and BE IT FURTHER RESOLVED, that the Common Council remains committed to ensuring that Albany upholds the values professed by the Declaration of Independence: that all people are created equal and endowed with inalienable rights, among which are the rights to life, liberty, and pursuit of happiness. To: Danielle Gillespie, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: June 21, 2023 Sponsor: Council Member Hoey RESOLUTION NUMBER 72.71.23R TITLE A RESOLUTION OF THE COMMON COUNCIL CELEBRATING JULY 4TH, 2023 AS INDEPENDENCE DAY GENERAL PURPOSE OF LEGISLATION To celebrate Independence Day. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW N/A. FISCAL IMPACT None. Council Member Zamer, Farrell, Frederick, Keegan, Love, and Romero introduced the following: RESOLUTION 73.71.23R A RESOLUTION OF THE COMMON COUNCIL CONDEMNING THE OVERTURNING OF ROE V. WADE BY THE SUPREME COURT OF THE UNITED STATES AND REAFFIRMING ITS COMMITMENT TO REPRODUCTIVE RIGHTS WHEREAS, the Supreme Court of the United States issued its decision to overturn Roe v. Wade on June 24, 2022; and WHEREAS, the Supreme Court of the United States defined the constitutional right under the 14th Amendment guaranteeing all people are free to make decisions regarding healthcare, the right to privacy in healthcare decisions, and the right to abortion under limited circumstances in Roe v. Wade, decided in 1973; and WHEREAS, eliminating the right to privacy in healthcare decisions by overturning Roe v. Wade threatens all manner of other privacy rights that we have come to know and expect, such as the right to marry who we want regardless of race or gender, the right to birth control, the right to choose our family living arrangements, and the right of all of us to make the our own most intimate and personal choices; and WHEREAS, the Supreme Court of the United States has subsequently upheld these rights and determined that “the ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives” in Planned Parenthood of Southeastern Pennsylvania v. Casey, decided in1992; and WHEREAS, the threat of criminalization or prosecution has resulted in negative outcomes by intimidating people seeking and providing care; and WHEREAS, the right to safe legal abortion has improved health outcomes and substantially reduced serious complications related to the termination of pregnancy; and WHEREAS, the access to reproductive healthcare and family planning has improved the economic, social, and educational outcomes for all people and has created greater opportunity for inclusive participation in all facets of civil society; and WHEREAS, severe restrictions on reproductive healthcare now impact eighteen states, with fourteen maintaining complete bans on abortion with few, if any, exceptions, another state implementing a six-week ban on the procedure, and the remaining states following suit; and WHEREAS, the Albany Common Council recognizes that Targeted Regulations of Abortion Providers (TRAP Laws) and local zoning restrictions across the country have limited access to safe, legal abortions and reproductive healthcare and has put providers of abortion at serious risk; and WHEREAS, the Albany Common Council recognizes that even within the Capital Region, in a state where abortion rights are codified and protected by state law, there continue to be ongoing threats to abortion services within our local healthcare systems; WHEREAS, the Albany Common Council recognizes that overturning Roe v. Wade has impacted the ability for providers to ensure that patients receive timely, medically appropriate, and life-saving services; WHEREAS, the Albany Common Council recognizes that all people have the right to make informed decisions about their healthcare and its impact on their body, their family, and their life; WHEREAS, the Albany Common Council recognizes that overturning Roe v. Wade has disproportionately harm women, transgender and non-binary people of all racial, ethnic, cultural, and socio-economic statuses; NOW, THEREFORE BE IT RESOLVED, that the Albany Common Council supports the rights to access safe legal abortion services and for all individuals to receive reproductive healthcare; and BE IT FURTHER RESOLVED, that the Albany Common Council upholds the Constitutional rights of all people to privacy in their healthcare decisions; and BE IT FURTHER RESOLVED, that the Albany Common Council upholds that women and transgender individuals deserve the rights due to them under the First, Fourth, Ninth, and Fourteenth Amendments of the United States Constitution; and BE IT FURTHER RESOLVED, that the Albany Common Council supports the Women’s Reproductive Health Act and all rights and privileges to reproductive healthcare contained therein; and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to President Joseph Biden; Vice President Kamala Harris; Congressman Paul Tonko; Senator Kirsten Gillibrand; Senator Charles Schumer; Senator Bernard Sanders, Chair of the Senate Health, Education, Labor & Pensions Committee; Senator Bill Cassidy, Ranking Member of the Senate Health, Education, Labor & Pensions Committee; Senator Ed Markey, Chair of the Senate Subcommittee on Primary Health & Retirement Security; Senator Roger Marshall, Ranking Member of the Senate Subcommittee on Primary Health & Retirement Security; Congresswoman Cathy McMorris Rodgers, Chair of the House Committee on Energy & Commerce; Congressman Frank Pallone, Ranking Member of the House Committee on Energy & Commerce; Congressman Brett Guthrie, Chair of the House Subcommittee on Health; and Congresswoman Anna G. Eshoo, Ranking Member of the House Subcommittee on Health. To: Danielle Gillespie, City Clerk From: Deborah Zamer, Council Member, 14th Ward Bryan Jimenez, Senior Legislative Aide Re: Common Council Legislation Supporting Memorandum Date: June 22, 2023 Sponsor: Council Member Zamer RESOLUTION NUMBER 73.71.23R TITLE A RESOLUTION OF THE COMMON COUNCIL CONDEMNING THE OVERTURNING OF ROE V. WADE BY THE SUPREME COURT OF THE UNITED STATES AND REAFFIRMING ITS COMMITMENT TO REPRODUCTIVE RIGHTS GENERAL PURPOSE OF LEGISLATION Condemning the overturning of Roe v. Wade by the Supreme Court of the United States and reaffirming the Common Council’s commitment to reproductive rights. The majority decision was issued on June 24th, 2022 and multiple states subsequently enacted laws eroding reproductive privacy. FISCAL IMPACT(S) None. Council Member Frederick introduced the following RESOLUTION 74.71.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE CITY OF ALBANY TO ACCEPT GRANT FUNDS FROM AND ENTER INTO A CONTRACT WITH THE STATE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION REGARDING THE RESTORATION OF THE CITY HALL ROOF RESOLVED, that the City of Albany applied for financial assistance from the New York State Office of Parks, Recreation, and Historic Preservation (“OPRHP”) under Title 9 of the Environmental Protection Act of 1993 for the purpose of funding the restoration of the roof of Albany’s City Hall; RESOLVED, that the City of Albany is authorized and directed to accept these grant funds in an amount not to exceed $750,000 for the project described in the grant application; RESOLVED, that the City of Albany is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such City Hall Roof Restoration Project RESOLVED, that the City of Albany is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to a real property owned by a municipality and improved by the grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; and RESOLVED, that the governing body of the municipality delegates signing authority to execute the Master Contract and any amendments thereto, any required deed of easement, and any other certifications to the individual who holds the office of Mayor. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: June 23, 2023 Sponsor: Council Member Frederick RESOLUTION 74.71.23R TITLE A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE CITY OF ALBANY TO ACCEPT GRANT FUNDS FROM AND ENTER INTO A CONTRACT WITH THE STATE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION REGARDING THE RESTORATION OF THE CITY HALL ROOF GENERAL PURPOSE OF LEGISLATION The roof of City Hall has been in a state of disrepair for a number of years, and restoration work on it is expected to cost a significant amount of money. As such, the City applied for, and was awarded $750,000 under the Environmental Protection Fund grant program administered by the State Office of Parks, Recreation, and Historic Preservation (“OPRHP”). In order to remit these funds, OPRHP requires the governing body of the City to pass a resolution substantially in this form authorizing the City to receive the funds and designating the Mayor as the individual who will enter into a Master Contract with OPRHP, which that office also requires. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This is a form resolution provided and required by OPRHP FISCAL IMPACT This resolution will allow the City to receive up to $750,000 in grant funding. Council Member Balarin, on behalf of the Committee on Planning, Land Use, and Economic Development, introduced the following: RESOLUTION75.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF GLINNESA D. GAILLIARD, ESQ. TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of section 302 (e) of the City Charter, reappointed Glinnesa D. Gailliard, Esq. as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under section 302 (e) of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the reappointment of Glinnesa D. Gailliard, Esq. to the City of Albany Planning Board for a term of office to expire December 31, 2027. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: June 23, 2023 Sponsor: Balarin o/b/o Planning RESOLUTION 75.71.23R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF GLINNESA D. GAILLIARD, ESQ. TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION This resolution approves the reappointment of Glinnesa D. Gailliard, Esq. to the Planning Board for a term which will expire on December 31, 2027. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member Balarin, on behalf of the Committee on Planning, Land Use, and Economic Development, introduced the following: RESOLUTION 76.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF SHADI KHADIVI TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of section 302 (e) of the City Charter, appointed Shadi Khadivi as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under section 302 (e) of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Shadi Khadivi. to the City of Albany Planning Board for a term of office to expire December 31, 2026. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: June 23, 2023 Sponsor: Balarin o/b/o Planning RESOLUTION 76.71.23R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF SHADI KHADIVI TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION This resolution approves the appointment of Shadi Khadivi to the Planning Board for a term which will expire on December 31, 2026. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member Balarin, on behalf of the Committee on Planning, Land Use, and Economic Development, introduced the following: RESOLUTION 77.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF RACHEL BREIDSTER TO THE CITY OF ALBANY PLANNING BOARD WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of section 302 (e) of the City Charter, appointed Rachel Breidster as a member of the City of Albany Planning Board; and WHEREAS, the Common Council must consent to the Mayor’s appointments of members to the Planning Board under section 302 (e) of the City Charter; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the appointment of Rachel Breidster. to the City of Albany Planning Board for a term of office to expire December 31, 2023. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: June 23, 2023 Sponsor: Balarin o/b/o Planning RESOLUTION 77.71.23R TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF RACHEL BREIDSTER TO THE CITY OF ALBANY PLANNING BOARD GENERAL PURPOSE OF LEGISLATION This resolution approves the appointment of Rachel Breidster to the Planning Board for a term which will expire on December 31, 202. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council must confirm mayoral appointments to the Planning Board pursuant to section 301(e) of the City of Albany Charter. FISCAL IMPACT(S) None. Council Member Anane introduced the following LOCAL LAW D OF 2023 A LOCAL LAW AMENDING SECTION 5 OF LOCAL LAW 1-2016 IN RELATION TO THE EXPIRATION THEREOF Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 5 of Local Law 1-2016, as amended by Local Law 5-2019, Local Law 11-2021, and Local Law C of 2023 amending Chapter 313 (Solid Waste) of the Code of the City of Albany in relation to establishing a curbside waste collection fee, is amended to read as follows: Section 5. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State; provided, however, that it shall be deemed to have been in full force and effect on and after January 1, 2016 and that the amendments made to Chapter 313 of the Code of the City of Albany by Section 2 of this local law shall be deemed repealed and of no further force and effect for the period after December 31, 2025. 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 6TH DAY OF APRIL, 2023 _________________________________ Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Danielle Gillespie, City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 22, 2023 Sponsor: Anane Local Law D of 2023 TITLE A LOCAL LAW AMENDING SECTION 5 OF LOCAL LAW I-2016 IN RELATION TO THE EXPIRATION THEREOF GENERAL PURPOSE OF LEGISLATION This legislation restores a sunset date to the waste collection, specifically December, 31st, 2025. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Curbside Waste Collection Fee was originally planned to expire in 2019. It was eventually extended to 2022, where it was allowed to lapse. The expiration was eliminated in emergency legislation to ensure that the fee could still be collected. This legislation restore the original procedure for approving FISCAL IMPACT None. Material in strikethrough to be deleted. New material is underlined. Council Members Keegan and Clarke introduced the following: LOCAL LAW E OF 2023 A LOCAL LAW AMENDING CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE XI TO BE ENTITLED “HARASSMENT OF A CODE ENFORCEMENT OFFICER, PUBLIC SERVICE OFFICER, OR TRAFFIC SAFETY AIDE” Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Chapter 255 (Peace and Good Order) of Part II (General Legislation) of the Code of the City of Albany is amended by adding a new Article XI (Harassment of a Code Enforcement Officer, Public Service Officer, or Traffic Safety Aide) thereto, which article shall read as follows: Article XI Harassment of a Code Enforcement Officer, Public Service Officer, or Traffic Safety Aide § 255-67 Definitions Code Enforcement Officer Shall mean a person who is employed by the City of Albany Department of Buildings and Regulatory Compliance and whose job duties entail either the inspection of buildings for, or the enforcement of compliance with the City Code, New York State Uniform Fire Prevention and Building Code, Housing Code, Plumbing Code, Electrical Code, Mechanical Code, and/or any other applicable codes such codes. Public Service Officer Shall mean a person employed by the Albany Parking Authority with the job title “Public Service Officer.” Traffic Safety Aide Shall mean a person employed by the Albany Parking Authority with the job title “Traffic Safety Aide.” § 255-68 Harassment of a Code Enforcement Officer, Public Service Officer, or Traffic Safety Aide A. A person is guilty of Harassment of a Code Enforcement Officer, Public Service Officer, or Traffic Safety Aide when, with intent to harass, annoy, or alarm a Code Enforcement Officer, Public Service Officer, or Traffic Safety Aide engaged in the performance of their duties as a Code Enforcement Officer, Public Service Officer, or Traffic Safety Aide, such person: Matter in strikethrough to be deleted. Matter underlined is new material. (1) Strikes, shoves, kicks, or otherwise subjects a Code Enforcement Officer, Public Service Officer, or Traffic Safety Aide to physical contact or attempts or threatens to do the same; or (2) Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy a Code Enforcement Officer, Public Service Officer, or Traffic Safety Aide and which service no legitimate purpose. Nothing in this paragraph shall be construed to apply to activities which are regulated by the National Labor Relations Act, as amended, the Railway Labor Act, as amended, or the Federal Employment Labor Management Act, as amended. B. A violation of subsection (A) of this section shall be a class B misdemeanor. 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 2ND DAY OF MAY, 2023 ______________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: March 9, 2023 Sponsors: Council Members Keegan & Clarke LOCAL LAW E of 2023 TITLE A LOCAL LAW AMENDING CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE XI TO BE ENTITLED “HARASSMENT OF A CODE ENFORCEMENT OFFICER, PUBLIC SERVICE OFFICER, OR TRAFFIC SAFETY AIDE” GENERAL PURPOSE OF LEGISLATION Certain City departments, including the Albany Parking Authority, have expressed concerns that enforcement staff, such as parking enforcement, have recently been subjected to increasing levels of harassment by members of the public, simply for performing the duties of their jobs. Although harassment is already prohibited by state law, this local law makes such conduct criminal and increases the penalty for individuals who harass City enforcement officers who are carrying out their job duties. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This local law, which adds a new article to the “Peace and Good Order” chapter of the City Code, takes conduct which, under state law, is a non-criminal violation of Penal Law § 245.26 (Harassment in the Second Degree), punishable by a maximum fine of $250 and up to 15 days in jail, and makes such conduct a class B misdemeanor with a maximum fine of $500 and a term of imprisonment of up to of 3 months, so long as such conduct was directed at the officers covered by the local law while they are engaging in their job duties. FISCAL IMPACT None. Council Member Adams introduced the following: 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 Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Part 4 (Residential Occupancy Permit and Rental Dwelling Registry) of Chapter 231 (Housing) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Part 4 Residential Occupancy Permit and Rental Dwelling Registry § 231-128 Title. This Part 4 shall be known as the "Residential Dwelling Registry and is supplementary and applicable to provisions of Part 2 of Chapter 231 ("the Housing Code") of the City of Albany. § 231-129 Purpose and scope. A. The purpose and scope of this part is to provide uniform administration and compliance with the requirements of this part applicable to the rental dwelling registry. The purpose of this part is to protect the health, safety and welfare of residents, to protect a diverse housing stock from deterioration and to accomplish the foregoing at the lowest cost to owners and occupants in order to keep housing costs as low as reasonably possible in a manner consistent with compliance with this Code. B. The Common Council finds and declares that the registration of rental property, including short-term rental dwelling units, is intended to and will ensure the protection of persons and property in all existing residential rental structures and on all premises required to be registered under this part and ensure that rental property owners and prospective rental property owners are informed of, and adhere to, code provisions governing the use and maintenance of rental properties, including provisions limiting the maximum occupancy for which a rental dwelling unit can be certified. § 231-130 Definitions. For the purposes of this part, the following terms shall have the meanings set forth in this section, unless different meanings are clearly indicated by the context in which they appear: EMERGENCY CONTACT An individual who resides in Albany County or any adjacent county who shall respond either individually or through an agent to the property at all times on 30 minutes' notice in the event of emergencies and who, if not the owner, has the authority to act on the owner's behalf and access all areas of a rental dwelling in the event of such emergencies. RENTAL DWELLING Any building which contains a rental dwelling unit or short-term rental dwelling unit. RENTAL DWELLING UNIT Any room or group of rooms within a rental dwelling which are used or intended to be used by one or more persons as a domicile for living and sleeping, with or without facilities for cooking and eating, which is occupied by an individual or household for living and sleeping pursuant to an agreement with a third party which does not so occupy the room or group of rooms. RESIDENTIAL OCCUPANCY PERMIT A permit required for owners to legally rent a rental dwelling unit and/or short-term rental dwelling unit, which is issued by the Department of Buildings and Regulatory Compliance certifying that a Code Enforcement Officer has inspected the premises and found it suitable for human habitation and devoid of obvious violations of the Albany City Code and/or New York State Uniform Fire Prevention and Safety Code. SHORT-TERM RENTAL DWELLING UNIT A rental dwelling unit which is rented on a short-term basis and which is owned and maintained by an individual(s), corporation or agent, who has legal authority to operate same. A rental period is “short term” if a property is rented to different tenants at a rate of more than three renters in any month or more than twelve renters in a year. This definition also applies to units which have been marketed through online rental services, including but not limited to Airbnb, Vrbo and booking.com. § 231-131 Registration of rental dwellings required. All rental dwelling units and short-term rental dwelling units shall be registered according to the provisions in this part except where the agreement governing the rental unit is between individuals related by lineal consanguinity or directly by marriage. § 231-132 Registration of rental dwellings. A. Registration. The City shall maintain a registry of all rental dwelling units, short term rental dwelling units, and rental dwellings containing the following information, which shall be provided to the Department of Buildings and Regulatory Compliance by the owner thereof on forms available from the Department of Buildings and Regulatory Compliance: (1) Owner information. The name, legal residence address and telephone number of the owner or owners, or in the event that the owner is a corporate entity, the names, addresses, and telephone numbers of at least one officer(s), partner(s), and/or member(s) responsible for the property, an address for service of process, and the entity's Employer Identification Number (EIN), if applicable. (2) Further owner information. A copy of government-issued identification for, or the driver's license number or social security number of, each owner of the property, or if the owner is a corporate entity, a copy of government-issued identification for, or the driver's license number or social security number of, the officer, partner, or member responsible for the property. (3) Agent information. The name, contact address, and telephone number of any agent of the owner in control of the rental dwelling. (4) Emergency contacts. The names, telephone numbers, email addresses, and contact addresses of two emergency contacts for the rental dwelling who shall be designated primary and secondary contacts. (5) Property information. (a) The address of the rental dwelling. (b) The tax map parcel number of the rental dwelling. (c) The number of rental dwelling units and/or short-term rental dwelling units in the rental dwelling. (d) A list of units in the rental dwelling as they are referred to at the premises. (6) Certification. Certification by the property owner that the registered rental dwelling units and/or short-term rental dwelling units are, to the best of the owner's knowledge, safe, habitable, and in compliance with all relevant New York State building codes and the City of Albany Code. B. Inspection. (1) All residential rental dwelling units and short-term rental dwelling units shall be inspected and certified by the Department of Buildings and Regulatory Compliance (hereinafter "the Department"), which shall determine compliance with, administer and enforce all applicable provisions of this Code and the NYS Fire Prevention & Building Code. The Chief Building Official or their designee may accept such inspections and certifications from uninterested and qualified third-party inspectors where sufficient proof of such inspection is provided. Residential occupancy permits shall be valid for 24 months from the date of issuance for rental dwelling units, and 12 months from the date of issuance for short-term rental dwelling units. (2) Nothing contained herein shall be construed or operate to invalidate an otherwise legally effective permit or certificate issued prior to the effective date of this part, except that such permit or certificate shall be valid only until the permit or certificate's expiration date, or two years from the effective date of this part, or a change in the tenancy of the residential rental dwelling unit to which the permit or certificate relates, whichever occurs first. (3) Except as otherwise provided herein, it shall be unlawful and a violation of this part to rent, lease, solicit rentals, or advertise a rental through physical media or on the internet, or otherwise allow the occupancy of any residential rental dwelling unit and/or short-term rental dwelling unit without the inspection and certification as required herein. (4) If, upon inspection, said premises are found not to comply with applicable provisions of this Code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing in a notice and order, in the manner set forth in Chapter 133A of this Code. Occupants or proposed occupants of dwellings shall have the right to inspect the certificate of occupancy of the residential rental dwelling unit, apartment or multiple residence, and/or short-term rental dwelling units in which they have an interest at no cost. (5) When inspecting a dwelling unit within a multiresidential complex, as defined in § 313-12 of this Code, the Department shall inspect and certify compliance with the provisions of § 313-14 of this Code requiring the establishment of solid waste private collection and source separation facilities in such complexes. No residential occupancy permit for a dwelling unit under this Part 4 shall be issued unless the multiresidential complex is in compliance with § 313-14 of this Code. C. Renewal and update. It shall be the obligation of the rental dwelling owner to register the rental dwelling with the Department of Buildings and Regulatory Compliance and it shall be the obligation of the current or succeeding owner or owner's agent to update registration information with the Department of Buildings and Regulatory Compliance within 30 days of any change. There shall be no cost associated with such an update. D. Continuing compliance. Upon registration, it shall be the obligation of the rental dwelling owner to ensure that the rental dwelling and all rental dwelling units and/or short-term rental dwelling units contained therein comply with all relevant New York State building codes and the City of Albany codes. In the event of such noncompliance a rental dwelling unit and/or short-term rental dwelling unit may be deregistered and have its residential occupancy permit suspended according to Albany City Code. E. Except as otherwise provided herein, it shall be unlawful and a violation of this chapter to rent, lease or otherwise allow the occupancy of any rental dwelling unit and/or short-term rental dwelling unit without said rental dwelling unit having been registered in accordance with this part. No one owner, agent or person in charge shall collect rents for any property during any period of noncompliance with the provisions of this part which would otherwise be due and owing for the rental of premises unless and until he or she they shall have complied with the provisions herein. Nothing herein shall be construed to prevent a landlord, upon receipt of the residential occupancy permit, from receiving the equitable value of the occupancy of the premises from the earliest date of occupancy, but in no event shall a landlord recover in excess of the agreed rent in the form of late fees or other penalties. F. All rental dwelling units and/or short-term rental dwelling units within a given rental dwelling must have the same registration expiration date. When it becomes necessary to do so, the Department of Buildings and Regulatory compliance may extend the registration period for the purpose of ensuring all rental dwelling units and/or short-term rental dwelling units in a rental dwelling have the same registration period so long as the registration fee is pro-rated over the extended registration period or, in the event that there is a delay in registration caused by noncompliance, the registration termination date for a rental dwelling unit and/or short-term rental dwelling units shall be the same as that of the already registered rental dwelling units and/or short-term rental dwelling units in the rental dwelling. G. The passage of an inspection pursuant to this part or the issuance of a residential occupancy permit shall not constitute a waiver of any rights or immunities accorded the City of Albany as a municipal corporation pursuant to the laws of the State of New York or other provision of the Code of the City of Albany, in particular, Chapter 24 of this Code, nor shall the passage of an inspection pursuant to this part constitute a representation that any rental dwelling, or rental dwelling unit and/or short-term rental dwelling unit is free of danger or entirely free of NYS Uniform Fire Prevention and Building Code or Albany City Code violations. § 231-133 Fees. A. To offset the administrative costs of preparing and maintaining the Rental Dwelling Registry there shall be, except for owner-occupied rental dwellings containing not more than one rental unit owned by one or more natural persons, all of whom are aged 65 years or older, a fee of $50 for each rental dwelling unit or short-term rental dwelling unit or $100 for a residential unit which has not had an active residential occupancy permit for more than 45 days at the time the new residential occupancy permit is applied for. B. The following schedule of fees shall apply with respect to the inspection and certification of residential rental dwelling units and short-term rental dwelling units: (1) There shall be no fee for an initial inspection of rental dwelling units or short-term rental dwelling units to determine compliance with the applicable provisions of this Code, or for a first re-inspection. (2) Any and all subsequent re-inspection(s) necessary to determine compliance with required corrective action or repairs shall be subject to a fee of $50 per unit inspected. (3) Failure to appear within 15 minutes of a scheduled inspection ("no show") shall result in a fee of the lesser of $50 per unit or $300. (4) Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection ("late cancellation") shall result in a fee of the lesser of $50 per unit or $100. (5) Cancellation of a scheduled inspection less than 24 hours before the scheduled inspection for the unit more than once or after a "no show" ("second cancellation") shall result in a fee of the lesser of $75 per unit or $300. C. Fees prescribed under this section for failure to appear at, and cancellation of, a scheduled inspection may be waived at the discretion of the Commissioner or their designee for good cause shown. D. Unpaid fees shall be subject to the placement and recording of a lien by the City of Albany against the inspected property. E. The fees set forth in this part may be increased at the discretion of the Department of Buildings and Regulatory Compliance as may be deemed necessary by the Chief Building Official to recover the administrative cost of issuing residential occupancy permits and maintaining the rental dwelling registry provided that no such increase shall exceed 5% in a given calendar year. § 231-134 Residential occupancy permit. A. Upon successful registration of a rental dwelling, the Department of Buildings and Regulatory Compliance shall issue to the owner or the owner's agent or designee of the rental dwelling and/or short-term rental dwelling unit or the owner’s agent or designee a residential occupancy permit. B. The residential occupancy permit shall contain the following information: (1) A statement indicating that all units in the rental dwelling and/or short-term rental dwelling unit are subject to the residential occupancy permit or, if certain units have not been registered, a statement indicating which units are not the subject of the residential occupancy permit; (2) The name and contact phone numbers of the building owner's agents and emergency contact(s); (3) The contact information for the City of Albany Police Department, Fire Department, and Department of Buildings and Regulatory Compliance; (4) Contact information for available tenant advocacy resources as determined by the Chief Building Official; (5) The statement: “Retaliation against a tenant by a landlord for a tenant's 'good faith complaint, by or in behalf of the tenant, to a governmental authority of the landlord's alleged violation of any health or safety law, regulation, code, or ordinance' is illegal under New York State Real Property Law § 223-b. Any tenant concerned about such retaliation should consult an attorney.”; (6) The statement: “Pursuant to Section 231-132(a) of the Albany City Code it shall be unlawful and a violation of Albany City Code to rent, lease or otherwise allow the occupancy of any rental dwelling unit and/or short-term rental dwelling unit without said rental dwelling unit and/or short-term rental dwelling unit having been registered on the City of Albany Rental Dwelling Registry. No owner, agent or person in charge may collect rents while a rental dwelling unit is unregistered.”; and (7) The rental dwelling's rental dwelling registration expiration date. C. The residential occupancy permit shall be posted conspicuously adjacent to the primary egress point in the rental dwelling to which said residential occupancy permit applies or, if there is no such common egress point, at all common egress points. § 231-135 Registration renewal and de-registration. A. Rental dwelling units shall be re-registered in accordance with this chapter every 24 months or after New York State building codes or Albany City Code compliance has been achieved following de-registration. Short-term rental dwelling units shall be re-registered in accordance with this chapter every 12 months or after New York State building codes or Albany City Code compliance has been achieved following de-registration. B. Where the Department of Buildings and Regulatory Compliance determines that a rental dwelling and/or rental dwelling unit and/or short-term rental dwelling unit is in violation of the New York State building codes, the rental dwelling units and/or short-term rental dwelling units may be de-registered according the following procedure: (1) The Department of Buildings and Regulatory Compliance, after discovering a violation, shall notify the responsible party of the alleged violation(s) in writing. (2) If the violation has not been corrected within 30 days, or 14 days in the event of violations imposing a threat to the health and safety of building occupants or public at large as determined by the Department of Buildings and Regulatory Compliance, of mailing of said notice, the rental dwelling unit and/or short-term rental dwelling unit containing the violation or all rental dwelling units and/or short-term rental dwelling units affected by the violation may be de-registered by the Chief Building Official or their designee subject to the following conditions: (a) Where the Chief Building Official or their designee determines that a lack of compliance is attributable to a tenant's refusal to allow a rental dwelling owner or their designee sufficient access to an area under the exclusive control of the tenant which must be accessed in order to obtain compliance, the compliance period shall be extended to the 14th day of consecutive access after the date the rental dwelling owner secures such access provided that reasonable action is taken to ameliorate the effect of such a violation on tenants other than the tenant denying access. Where the code violation is attributable to the actions of a tenant and affects only the offending tenant, deregistration shall not occur until 14 days after these conditions no longer obtain. (b) If the Department of Buildings and Regulatory Compliance is not able to confirm compliance due to a tenant's explicit or implicit refusal to allow re- inspection of the affected area, the period of compliance shall be extended to the date the Department is granted the ability to perform a re-inspection. (c) Where the rental dwelling owner has made a good faith effort to comply within the time allowed, has taken concrete steps towards compliance, and where the underlying violation is not a threat to health and safety, the Department may extend the compliance period for up to 60 additional days. (3) Upon the correction of the violation, the rental dwelling unit(s) and/or short-term rental dwelling unit(s) shall be re-registered on the Rental Dwelling Registry by the owner. If a court of law determines that the rental dwelling unit and/or short-term rental dwelling unit(s) was de-registered in error, the rental dwelling unit(s) said units shall be re-registered on the Rental Dwelling Registry by the Chief Building Official or their designee. The expiration of rental dwelling registration following de-registration pursuant to this section shall be same as the period as that of the rental dwelling units and/or short-term rental dwelling unit’s most recent registration or, if that date has expired, determined according to § 231-132 (F) of this Code. There shall be no fee for re-registration following a determination in a court of law that no violation occurred. § 231-136 Penalties for offenses. A. Any person who shall knowingly and willfully violate or assist in the violation of this part, or who fails to comply with a notice and order issued by the Department under this part shall, upon conviction, be punished as set forth in Chapter 133A of this Code. B. Nothing contained in this part shall preclude the City from enforcing violations of New York State building codes and the Code of the City of Albany independently pursuant to Chapter 133A of this Code. Section 2. This local law shall take effect 30 days from final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 24TH DAY OF MAY, 2023 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Asst. Corporation Counsel Christopher Cech, Esq., Asst. Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 24, 2023 Sponsor: Council Member Adams LOCAL LAW F of 2023 TITLE 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 GENERAL PURPOSE OF LEGISLATION This legislation amends the Residential Occupancy Permit and Rental Dwelling Registry chapter of the Albany City Code to empower the Department of Buildings and Regulatory Compliance to regulate short-term rental properties, including those short-term rental properties marketed through online rental services such as Airbnb, Vrbo and booking.com. By amending this chapter, owners of short-term rental properties will be required to obtain Residential Occupancy Permits, the process for which includes providing owner/agent contact information, scheduling and passing a Buildings Department inspection, and inclusion on the City of Albany’s registry of rental dwellings. Regulation of short-term rental properties will enhance safety of proprietors of short-term rental properties, allow the City to take stock of where and how many properties are being marketed as short-term rentals, and ensure that short-term rental property owners or their agents quickly respond to concerns of safety and/or building code violations in the neighborhoods in which their short-term rental properties are located. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This legislation extends the existing Residential Occupancy Permit and Rental Dwelling Registry programs to include short-term rental dwelling units, such as those commonly marketed on Airbnb, Vrbo, booking.com, and other sites and apps. FISCAL IMPACT The City will receive increased income in fees by the addition of short-term rental units to the existing program. Councilmembers Romero, Anane, and Zamer introduced the following: 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. This ordinance may be referred to as the “Crossing with Dignity Ordinance.” Section 2. Article V (Complete Streets) 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: Article V Complete Streets § 323-88 Legislative Findings. The City of Albany Common Council finds that the mobility of freight and passengers and the safety, convenience, and comfort of motorists, cyclists, other non-motorized forms of transportation, pedestrians, including people requiring mobility aids, transit riders, and neighborhood residents of all ages and abilities should all be considered when planning and designing Albany's streets. Integrating sidewalks, bike facilities, transit amenities, and safe crossings into the initial design of street projects avoids the expense of retrofits later. Streets are a critical component of public space and play a major role in establishing the image and identity of a city. By encouraging good planning, more citizens will achieve the health benefits associated with active forms of transportation while traffic congestion, collisions, and auto-related air pollution will be reduced. The goal of this article is to improve the access and mobility for all users of streets in the community by improving safety through reducing conflict and encouraging nonmotorized transportation and transit. § 323-89 Complete Street Redesign A. For all street construction, reconstruction, or resurfacing projects (as per Section C(2)) that are undertaken by the City and not covered under the New York State Complete Streets Law contained in §331 of the Highway Law, the department planning such project shall consider the convenient access and mobility on the street by all users of all ages, including motorists, pedestrians, bicyclists, other non-motorized forms of transportation, and public transportation users through the use of complete street design features in the planning, design, construction, reconstruction and resurfacing, but not including maintenance or emergency projects. B. Complete street design features are roadway design features that accommodate and facilitate convenient access and mobility by all users, including current and projected users, particularly pedestrians, bicyclists, other non-motorized forms of transportation, and individuals of all ages and abilities. These features may include, but need not be limited to, Material to be deleted in strikethrough. New material is underlined. sidewalks, paved shoulders suitable for use by bicyclists, lane striping, bicycle lanes and improved bicycle parking and storage, share-the-road signage, street and sidewalk lighting, crosswalks or median refuges, road diets, pedestrian control signalization, bus pullouts and improved pedestrian access to bus stops, curb cuts, raised crosswalks and ramps and traffic- calming measures, and recognize that the needs of users of the road network vary. C. This section shall not apply if it has been determined and set forth in publicly available documents that one of the following exists: (1) Use by bicyclists, other non-motorized forms of transportation, and pedestrians is prohibited by law, such as within interstate highway corridors; or (2) The cost would be disproportionate to the need as determined by factors including, but not limited to, the following: land use context, current and projected traffic volumes, and population density; or (3) Demonstrated lack of need as determined by factors including, but not limited to, land use, current and projected traffic volumes, including population density, or demonstrated lack of community support; or (4) Use of the design features would have an adverse impact on, or be contrary to, public safety. D. The following shall be implemented: (1) Pedestrian signals that exist in areas of medium to high pedestrian daily traffic volume where a traffic light is present shall operate on a pre-timed cycle and shall not require pedestrian actuation. Such pedestrian walk signal intervals shall not last for less than fifteen seconds. (2) Leading pedestrian intervals at all intersections with areas of medium to high pedestrian daily traffic volume during which a walk indication is displayed for the crosswalk while red indications continue to be displayed to parallel through and/or turning traffic for at least three seconds. § 323-90 Development of guidelines; reporting requirements. A. Guidelines will be developed by the Department of General Services, Division of Traffic Engineering, and the Division of Planning with stakeholder input and shall include street typologies, design guidance and implementation. B. No later than two years after the final adoption of Complete Streets Guidelines and biennially thereafter, the Department of General Services shall publish a report showing how it has complied with this article and improvements made to the roadways of the City. § 323-91 through § 323-95. (Reserved). Material to be deleted in strikethrough. New material is underlined. Section 3. This ordinance shall take effect 180 days from final passage APPROVED AS TO FORM THIS 24TH DAY OF MARCH, 2023 _____________________________ Corporation Counsel Material to be deleted in strikethrough. New material is underlined. To: Danielle Gillespie, City Clerk From: Gabriella Romero, Council Member, 6th Ward Re: Common Council Legislation Supporting Memorandum Date: March 8, 2023 Sponsors: Council Members Romero, Anane, and Zamer Ordinance 15.41.23 TITLE 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 GENERAL PURPOSE OF LEGISLATION Pedestrian safety is public safety. The Crossing with Dignity Ordinance will improve walkability across the City of Albany by requiring automatic pedestrian walk signals and leading pedestrian signals in dense parts of Albany. This bill will remove the requirement for a pedestrian to press a button to simply cross a street. As of November 2022, pedestrians Tanisha Brathwaite, Kathleen McBride, and Larry Cunningham were killed by vehicles in Albany in that year alone. Traffic violence remains on a steady increase across the United States, despite a decrease in vehicle miles driven.1 According to the New York State Department of Health, on average, 312 people are killed by vehicles annually in New York State.2 As a city, we must work to prevent all traffic deaths. That starts by making it easier and safer to cross the street. Other cities like New York City use pre-timed signals, leading pedestrian intervals, and even exclusive pedestrian signals.3 In fact, the United States Department of Transporation’s Traffic Signal Timing Manual recommends that pre-timed signals be used in “central business districts,” while fully-actuated controls be used in “locations without nearby signals; rural, high speed locations; intersection of two arterials.”4 Further, the US Federal Highway Administration recommends that municipalities install leading pedestrian intervals because they reduce pedestrian crashes by 13%.5 1 https://www.nytimes.com/2022/11/27/upshot/road-deaths-pedestrians-cyclists.html 2 https://www.health.ny.gov/statistics/prevention/injury_prevention/traffic/county_of_residence.htm#pedestrian 3 https://www.nyc.gov/html/dot/html/infrastructure/signals.shtml 4 https://ops.fhwa.dot.gov/publications/fhwahop08024/chapter5.htm 5 https://safety.fhwa.dot.gov/ped_bike/step/resources/docs/fhwasa19040.pdf Material to be deleted in strikethrough. New material is underlined. This ordinance will help curb traffic violence and make it less likely for a pedestrian to cross a street when they are not permitted to by making certain crossing signals automatic and by adding leading pedestrian intervals NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This ordinance provides necessary safety enhancements to the City’s existing Code article on Complete Streets. FISCAL IMPACT To be determined. SOCIAL JUSTICE IMPACT To be clear, this ordinance will not eliminate buttons that trigger audible traffic signals, as they provide assistance to pedestrians in our city with a variety of disabilities. This ordinance will simply remove our reliance on a button to receive a pedestrian walk signal. Pedestrian safety is an equity issue, and this ordinance supports our city’s Equity Agenda by adding protections for pedestrians. There is a large body of research that shows that if you are a person of color, live in a low-income census tract, or are a person with disabilities you are at a far greater risk of being killed by a vehicle.6 Furthermore, those who follow certain religious practices are prohibited from actuating a pedestrian crossing signal. For example, many in the Orthodox Jewish community are unable to cross the street legally in certain neighborhoods due to their rules that prohibit operating electrical machinery on Shabbat. 6 https://smartgrowthamerica.org/wp-content/uploads/2022/07/Dangerous-By-Design-2022-v3.pdf Material to be deleted in strikethrough. New material is underlined. Council Member Farrell, on behalf of the Committee on Law, Buildings, and Code Enforcement, introduced the following: 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 The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article V (Unnecessary and Unusual Noises) of Chapter 255 (Peace and Good Order) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to read as follows: Article V Unnecessary and Unusual Noises § 255-24 General restrictions. Except as otherwise provided in this Article, Iit shall be unlawful for any person to make, continue or cause or permit to be made or continued any unreasonable, unnecessary or unusual noise, between the hours of 6:00 a.m. and 8:00 p.m., which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or to make, continue or cause to be made or continued, between the hours of 8:00 p.m. and 6:00 a.m., whether in by the operation of any machine or the exercise of any trade or calling or in the use of or operation of any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the production or reproduction of sound or otherwise, any noise which either annoys, injures or endangers the comfort, repose, health or safety of a reasonable person of normal sensitivities, unless the making and continuing of the same shall be necessary for the reasonable protection or preservation of life or property or for the health, safety or life of some person or made in connection with governmental functions or activities conducted in furtherance of the public health, safety, welfare or convenience. § 255-25 Public places (Reserved). It shall be unlawful for any person to ring any hand bell, beat or strike any pan, pail or other like article or sound any gong or blow any whistle or horn or other than musical instruments when used as part of a band of music except to give necessary signals upon a street car, motor vehicle, motorcycle, bicycle or similar vehicle or to hawk, cry or call out the sale of goods at auction or otherwise or to gain passengers for any cab, hack, taxi or other vehicle or to make, aid, continue, encourage or assist in making any other or unusual noise upon any street or other public place or in close proximity thereto so as to be distinctly and loudly audible upon any such street or place in the City of Albany. § 255-26 Schools, hospitals, courts and places of worship (Reserved). Subject to the limitations enumerated below, no person, while on public or private grounds on or adjacent to a school, hospital, court or place of worship, shall willfully make or assist in the making Material in strikethrough to be deleted. Material underlined is new material. of any noise or diversion which disrupts or tends to disturb the peace or good order of the activities within. A. Schools: while any class thereof or other instruction is in session. B. Hospitals or similar institutions: while medical services, including counseling, are being provided. C. Courts: during hours of the court or while otherwise in session. D. Places of worship: during the hours of worship or while otherwise conducting religious services. § 255-27 Sirens, whistles and gongs (Reserved). It shall be unlawful for any person to carry or use upon any vehicle any gong or siren whistle similar to that used on ambulances or vehicles of the Police and Fire Departments. § 255-28 Harboring of dogs. It shall be unlawful for any person to own, keep and have in his possession or harbor permit any dog which by under such person’s ownership, supervision, or care to frequently or habitually howling, yelping, barking or otherwise, shall cause serious annoyance or disturbance to a reasonable person of normal sensitivities or to the neighborhood. § 255-29 Sound-producing devices. A. No person shall use or operate or cause to be used or operated, in front of or outside any building, place or premises, or in or through any window, doorway or opening of such building, place or premises, or upon any public street or place or on any vehicle thereon, any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-making or sound-reproducing device without a permit from the Chief of Police. The Chief of Police, in exercising his discretion, may withhold a permit if he has reasonable cause to believe that the permit will foster a violation of this article. B. No such permit shall be issued for operation of the above-mentioned sound devices within 250 feet of a school, hospital or similar institution, court or place of worship during the times specified for these institutions in § 255-26 if the production of such sound will disrupt or tend to disturb the peace or good order of the activities within. § 255-30 Signaling devices (Reserved). It shall be unlawful for any person operating a motor vehicle, motorcycle or omnibus, as they are defined in the Vehicle and Traffic Law of the State of New York, to use a horn or other device for signaling except in a reasonable manner as a danger warning, and it shall be unlawful for any person having the management and control of any motor vehicle, motorcycle or omnibus to produce or cause, suffer or allow to be produced by means of such horn or other signaling device a sound which shall be unreasonable or unnecessarily loud or harsh or shall continue for an unnecessary and unreasonable period of time. Material in strikethrough to be deleted. Material underlined is new material. § 255-31 Streets or public places (Reserved). It shall be unlawful for any person to make, aid or encourage or assist in making any unusual, unnecessary or improper noise, riot or disturbance in any street or public place to the annoyance or inconvenience of travelers, or to reasonable persons of normal sensitivities residing adjacent thereto, nor shall any person use any profane, obscene or vulgar language in any street or public place. § 255-32 Building and construction operations. It shall be permissible for any person conducting any building and/or construction operations to make an amount of noise that is reasonably attendant to the operation or use any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoists, or other apparatus, the use of which is attended by loud noise between the hours and 7:00 a.m. and 10:00 p.m. It shall be unlawful for any person conducting any building and/or construction operations between the hours of 10:00 p.m. and 7:00 a.m. to operate or use any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoists or other apparatus, the use of which is attended by loud or unusual noise, except upon written permission from the Commissioner of Buildings and Regulatory Compliance and then only in case of emergency. In accordance with Chapter 11, Appearance Tickets, of the Code of the City of Albany, the Commissioner of Buildings and Regulatory Compliance, the Deputy Commissioner of Buildings and Regulatory Compliance, the Deputy Commissioner of Code Enforcement, Building Inspectors and Code Enforcement Inspectors are authorized to issue warnings and appearance tickets for violations of this section as set forth in § 255-34. Such violation will be subject to the penalties provided in § 255-35 of this article. § 255-33 Severability. If any section or part or provision of any section of this article shall be declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such declaration shall be limited to the section, part or provision directly involved in the controversy in which such declaration was made and shall not affect any other section, provision or part thereof. § 255-34 Enforcement. A. Any person violating any of the provisions of this article may first be issued a verbal or written warning of violation by any police officer or other person authorized hereunder, who shall require that the violation immediately cease. If the violator, upon demand, fails to comply or for a second violation by the same violator within a thirty-day period, such violator shall, upon conviction thereof, be guilty of a violation and subject to the penalties provided in § 255-35 of this article. B. Any person who observes or has knowledge of a violation of this article may file a signed deposition, under oath, with a police officer, specifying the objectionable conduct, the date thereof, and the name and address, if known, of the alleged violator. A police officer shall investigate each complaint and, if the complaint is supported by probable cause, issue a notice of violation therefor. Material in strikethrough to be deleted. Material underlined is new material. C. The Chief of Police may promulgate such rules and regulations as may be necessary to carry out the provisions of this section. § 255-35 Penalties for offenses. Any person violating any of the provisions of this article as defined herein shall be guilty of a violation and, upon conviction thereof, shall be liable for a fine or imprisonment not exceeding 15 days, or to both such fine and imprisonment. For a first conviction under this article, the person so convicted shall be liable for a fine not to exceed $250. For a second conviction under this article, the person so convicted for a second time shall be liable for a fine not to exceed $500. For a third conviction under this article and for all such further convictions, the person so convicted for a third or subsequent time shall be liable for a fine not to exceed $1,000 per conviction. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 6TH DAY OF APRIL, 2023 _____________________________ Corporation Counsel Material in strikethrough to be deleted. Material underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: April 6, 2023 Sponsor: Farrell o/b/o Law Committee Ordinance 16.42.23 TITLE AN ORDINANCE AMENDING ARTICLE V (UNNECESSARY AND UNUSUAL NOISES) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION The City’s current noise ordinance is, at various points, confusing, contradictory, redundant, and sometimes unconstitutional. This ordinance corrects many of those defects. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW As it currently exists, § 255-24, “General restrictions” makes certain noises permissible at certain times of day and not at others, and provides a number of caveats to the general prohibition on unreasonable, unnecessary, or unusual noises. This amendment does away with these confusing and contradictory, and potentially unconstitutional details and instead institutes a “reasonable person of normal sensitivities” standard applicable all day in nearly every situation – an objective standard which has been upheld by the New York State Court of Appeals in several cases challenging the constitutionality of noise ordinances. Sections 255-25 and 255-26 are repealed because they were redundant of the general restriction provided in § 255-24. Section 255-25, moreover, contained a great deal of antiquated, unnecessary language. Section 255-27 is repealed because 1) the conduct prohibited therein is already prohibited by the Vehicle and Traffic Law § 375, and 2) the noise ordinance was not really the appropriate place for that provision to begin with. Section 255-28’s language is modernized and clarified somewhat. Section 255-30 is repealed because, again, the conduct prohibited therein is covered by VTL § 375, and it arguably should not have been in the noise ordinance in the first place. Material in strikethrough to be deleted. New material is underlined. Section 255-31 is repealed because it was redundant of § 255-24’s general restriction, and this section’s prohibition on “profane, obscene or vulgar language” could also be unconstitutionally void-for-vagueness, and may violate first amendment free speech protections. Section 255-32 is amended to clarify that normal, reasonable noises attendant to construction and building activities are permissible during the day, but that during the overnight hours such noises shall only be permitted upon written permission of the BRC Commissioner, “and then only in case of emergency.” Several position titles are also modernized. FISCAL IMPACT None Material in strikethrough to be deleted. New material is underlined. Council Member Balarin introduced the following: ORDINANCE 22.61.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subsection (A) of section 359-22 (Parking, standing and stopping restrictions) of Article II (Traffic Regulations) of Chapter 359 (Vehicles and Traffic) of Part II (General Legislation) of the Code of the City of Albany is hereby amended by adding a new paragraph (11) to read as follows: (11) In a space designated as provided in this paragraph for the exclusive purpose of charging an electric vehicle at an electric vehicle charging station, unless such vehicle is an electric vehicle connected such charging station, provided, however, that an electric vehicle disconnected from the electric vehicle charging station for no more than forty-five (45) continuous minutes while stopped, standing, or parked in such designated space shall not be in violation of this paragraph. Parking spaces designated for the exclusive purpose of charging an electric vehicle at an electric vehicle charging station shall be clearly identified, and such designation shall include conspicuous and permanently installed signs or markings which identify such space as an electric vehicle charging station, indicate that such space is only for electric vehicle charging, and include any day or time restrictions. For the purposes of this paragraph, the term “electric vehicle” shall mean a motor vehicle that is propelled at least in part by an electric motor and associated power electronics which provide acceleration torque to the drive wheels sometime during normal vehicle operations, and that draws electricity from a battery or hydrogen fuel cell that is capable of being recharged from an external source of electricity, such that the external source of electricity cannot be connected to the vehicle while the vehicle is in motion. For purposes of this paragraph, the term “electric vehicle charging station” shall mean the equipment needed to convey electric power from the electric grid or another power source to an onboard motor vehicle energy storage system. For purposes of this paragraph, “disconnected” shall mean not connected to the charging port of the electric vehicle not in the process of actively charging the electric vehicle. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 25TH DAY OF MAY, 2023 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 25, 2023 Sponsor: Council Member Balarin ORDINANCE 22.61.23 TITLE AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES GENERAL PURPOSE OF LEGISLATION In June of 2022, the Common Council passed Ordinance 7.41.22 (As Amended 06/08/2023), which updated parking regulations in the City Code to reflect the existence of the roadside electric vehicle charging stations located in various areas of the City, and to provide that the parking spaces adjacent to such charging stations are reserved for the exclusive use of electric vehicles. It has since come to light that a loophole in this ordinance can be exploited such that if a vehicle is physically connected to the EV charger, it cannot be ticketed, whether the vehicle is actively charging or not. This ordinance closes that loophole. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Under the language enacted last year, an electric vehicle in an EV charging space could not be ticketed so long as it was “connected to the charging port.” This has allowed motorists to leave their EVs parked in EV charging stations beyond the otherwise-allowed 45 minutes whether or not they are actually charging their vehicles, so long as the vehicle is connected to the charger. This ordinance closes that loophole by changing the definition of the term disconnected from “not connected to the charging port of the vehicle,” to “not in the process of actively charging the electric vehicle. FISCAL IMPACT(S) None. Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Balarin on behalf of the Committee on Planning, Economic Development, and Land Use, introduced the following: Resolution Number 65.62.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ANDRE LAKE AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE WHEREAS, pursuant to section 42-133 of the Code of the City of Albany, the Common Council shall appoint five members to the Sustainability Advisory Committee; NOW, THEREFORE, BE IT RESOLVED, that Andre Lake is hereby appointed as a member of the Sustainability Advisory Committee for a term expiring June 30, 2026; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: June 6, 2023 SPONSOR Council Member Balarin o/b/o Planning Committee RESOLUTION NUMBER 65.62.23R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ANDRE LAKE AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE GENERAL PURPOSE OF LEGISLATION To reappoint Andre Lake to Sustainability Advisory Committee for a term expiring June 30, 2026. Andre Lake was appointed to a 1-year term in 2018 (Resolution 26.51.18R) expiring 6/30/19. He was appointed to a full three year term by Resolution 69.72.20R which expires on 6/30/2023. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Council is required to appoint five members to the Sustainability Advisory Committee. Council appointments require approval via resolution. FISCAL IMPACT(S) None. Council Member Balarin on behalf of the Committee on Planning, Economic Development, and Land Use introduced the following: Resolution Number 66.62.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING DANIEL KIRK-DAVIDOFF AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE WHEREAS, pursuant to section 42-133 of the Code of the City of Albany, the Common Council shall appoint five members to the Sustainability Advisory Committee; NOW, THEREFORE, BE IT RESOLVED, that Daniel Kirk-Davidoff is hereby reappointed as a member of the Sustainability Advisory Committee for a term expiring June 30, 2026; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: June 6, 2023 SPONSOR Council Member Balarin o/b/o Planning Committee RESOLUTION NUMBER 66.62.23R TITLE A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING DANIEL KIRK- DAVIDOFF AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE GENERAL PURPOSE OF LEGISLATION To reappoint Daniel Kirk-Davidoff to Sustainability Advisory Committee for a term expiring June 30, 2026. Daniel Kirk-Davidoff was appointed via Resolution 25.51.18R which expired on 06/30/2020. He was reappointed via Resolution 76.91.20R, expiring on 6/30/2023 He has expressed interest in being reappointed to another three (3) year term. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Council is required to appoint five members to the Sustainability Advisory Committee. Council appointments require approval via resolution. FISCAL IMPACT(S) None. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, July 6, 2023 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 LOCAL LAWS INTRODUCED LOCAL LAWS HELD 1.Johnson Local Law C-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* 2. Planning 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* 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* 4. Romero Local Law J OF 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSION) OF THE CODE OF THE CITY OF ALBANY IN REALTION TO PROHIBITING THE ALBANY POLICE DEPARMENT FROM PURCHASING, STOCKPILING, AND USING KINETIC ENERGY MUNITIONS *Referred to Public Safety* 5. Romero Local Law K OF 2022 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARMENT 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 DEPARMENT FROM PURCHASING, STOCKPILING, AND USING CHEMICAL WEAPONS *Referred to Public Safety* 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* LOCAL LAWS HELD 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* 8. Anane Local Law D OF 2023 A LOCAL LAW AMENDING SECTION 5 OF LOCAL LAW 1-2016 IN RELATION TO THE EXPIRATION THEREOF *Referred to Law, Buildings & Code Enforcement* 9. Keegan Local Law E OF 2023 A LOCAL LAW AMENDING CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE XI TO BE ENTITLED “HARASSMENT OF A CODE ENFORCEMENT OFFICER, PUBLIC SERVICE OFFICER, OR TRAFFIC SAFETY AIDE” *Referred to Law, Buildings & Code Enforcement* 10. 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* 11. Planning Local Law G OF 2023 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION) 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 *Referred to Planning, Economic Development & Land Use* 12. Zamer Local Law H OF 2023 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 41 THERETO CREATING THE CITY OF ALBANY COMMISSION ON MONUMENTS AND PUBLIC ART *Referred to Law, Buildings & Code Enforcement* ORDINANCES INTRODUCED 29.71.23 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY ESTABLISHING STANDARDS FOR CANNABIS DISPENSARIES AND CONSUMPTION SITES 30.71.23 AN ORDINANCE AMENDING ARTICLE III (OMNIBUS HUMAN RIGHTS LAW) OF CHAPTER 48 (EQUAL OPPORTUNITY PROTECTIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PROHIBITING DISCRIMINATION ON THE BASIS OF HAIR TEXTURE AND STYLE 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. Anane Ordinance 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING. *Referred to Public Safety* 5. Clarke Ordinance 11.32.23 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 64 COLVIN AVENUE, 65 COLVIN AVENUE, 67 COLVIN AVENUE AND 69 COLVIN AVENUE FROM “MIXED-USE COMMUNITY URBAN” (MU-CU) TO “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) AND AMENDING THE ZONING MAP ACCORDINGLY *Referred to Planning, Economic Development & Land Use* 6. Clarke Ordinance 12.32.23 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY REGARDING THE MAXIMUM NUMBER OF DWELLING UNITS IN MIXED-USE-NEIGHBORHOOD CENTER DISTRICTS *Referred to Planning, Economic Development & Land Use* ORDINANCES HELD 7. Zamer Ordinance 14.32.23 AN ORDINANCE AUTHORIZING THE SALE OF 1 ASPEN CIRCLE (TAX MAP NUMBER 64.62-2-4) TO AHMED AMER *Referred to Finance, Taxation & Assessment* 8. 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* 9. 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* 10. Romero Ordinance 17.42.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY CREATING AN INCREASING FEE SCALE AND MODIFYING THE NOTICE REQUIREMENTS FOR REPEAT VIOLATIONS OF TRASH AND LITTER PROVISIONS *Referred to General Services, Health & Environment* 11. Kimbrough Ordinance 18.52.23 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 27 MAIN STREET FROM “MIXED-USE NEIGHBORHOOD CENTER” (MU-NC) TO “LIGHT INDUSTRIAL” (I-1) AND AMENDING THE ZONING MAP ACCORDINGLY *Referred to Planning, Economic Development & Land Use* 12. Clarke Ordinance 20.61.23 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT OF AN EASEMENT OVER A PORTION OF CITY-OWNED PROPERTY AT 2 PITCH PINE ROAD (TAX MAP PARCEL NUMBER 41.13-4-1) TO NIAGARA MOHAWK POWER CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF A PAD-MOUNTED RECLOSER UNIT AND THE NECESSARY APPURTENANCES THERETO *Referred to Finance, Taxation & Assessment* ORDINANCES HELD 13. Balarin Ordinance 22.61.23 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE PARKING OF ELECTRIC VEHICLES *Referred to Planning, Economic Development & Land Use* 14. Flynn Ordinance 23.61.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY RESTRICTING ACCESS TO CITY LANDFILL FACILITIES *Referred to General Services, Health & Environment* 15. Zamer Ordinance 24.61.23 AN ORDINANCE AMENDING CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY CODIFYING THE REGULATIONS AROUND BUILDING MATERIALS AND MATRESSES FOR CURBSIDE COLLECTION *Referred to General Services, Health & Environment* 16. Keegan Ordinance 25.61.23 AN ORDINANCE OF THE COMMON COUNCIL AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY CODIFYING EXEMPTIONS FOR SNOW REMOVAL FROM SIDEWALKS *Referred to General Services, Health & Environment* 17. 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* 18. Frederick Ordinance 27.62.23 AN ORDINANCE AMENDING ORDINANCE NUMBER 46.112.22 (AS AMENDED 12/22/2022) WHICH AUTHORIZED CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $2,000,000 AND AUTHORIZED THE LEASE FINANCING OR THE ISSUANCE OF $2,000,000 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – IMPROVEMENTS TO APD FACILITIES) BY INCREASING SUCH AUTHORIZATION TO $3,441,000 *Referred to Finance, Taxation & Assessment* ORDINANCES HELD 19. 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* RESOLUTIONS INTRODUCED 71.71.23R A RESOLUTION OF THE COMMON COUNCIL DESIGNATING JULY AS DISABILITY PRIDE MONTH 72.71.23R A RESOLUTION OF THE COMMON COUNCIL CELEBRATING JULY 4, 2023 AS INDEPENDENCE DAY 73.71.23R A RESOLUTION OF THE COMMON COUNCIL CONDEMNING THE OVERTURNING OF ROE V. WADE BY THE SUPREME COURT OF THE UNITED STATES AND REAFFIRMING ITS COMMITMENT TO REPRODUCTIVE RIGHTS 74.71.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE CITY OF ALBANY TO ACCEPT GRANT FUNDS FROM AND ENTER INTO A CONTRACT WITH THE STATE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION REGARDING THE RESTORATION OF THE CITY HALL ROOF 75.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE REAPPOINTMENT OF GLINNESA D. GAILLIARD, ESQ. TO THE CITY OF ALBANY PLANNING BOARD 76.71.23R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE APPOINTMENT OF SHADI KHADIVI TO THE CITY OF ALBANY PLANNING BOARD RESOLUTIONS HELD 1. Hoey Resolution 13.21.22R A RESOLUTION OF THE COMMON COUNCIL REQUESTING THE ALBANY WATER BOARD TO FLOURINATE THE WATER OF THE CITY OF ALBANY *Referred to General Services, Health & Environment* 2. 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* 3. 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 *Referred to General Services, Health & Environment* 4. Balarin Resolution 49.52.23R A RESOLUTION OF THE COMMON COUNCIL AUTHORZING THE CITY TO ACCEPT CONVEYANCE OF THE STATE OWNED PROPERTY AT 327 WASHINGTON AVENUE (TAX MAP NUMBER 65.71-1-55) FROM THE STATE OF NEW YORK FOR PUBLIC PARKING AND ELECTRIC VEHICLE CHARGING PURPOSES *Referred to Finance, Taxation & Assessment* 5. Finance Resolution 54.61.23R A RESOLUTION OF THE COMMON COUNCIL APPROVING A TRANSFER OF BUDGETED FUNDS AND A CHANGE IN THE AUTHORIZED POSITIONS OF THE FIRE DEPARTMENT, WHICH WILL AFFECT A SALARY RATE OR SALARY TOTAL *Referred to Finance, Taxation & Assessment* 6. Balarin Resolution 65.62.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ANDRE LAKE AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE *Referred to Planning, Economic Development & Land Use* RESOLUTIONS HELD 7. Balarin Resolution 66.62.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING DANIEL KIRK-DAVIDOFF AS A MEMBER OF THE SUSTAINABILITY ADVISORY COMMITTEE *Referred to Planning, Economic Development & Land Use* 8. Balarin Resolution 67.62.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING JESSICA WILCOX TO THE PUBLIC, EDUCATION, AND GOVERNMENT ACCESS OVERSIGHT BOARD *Referred to PEG Ad Hoc* 9. Johnson Resolution 69.62.23R A RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE ACHIEVEMENTS OF DOCTOR ORNELLA SATHOUD *Held *