1. Active Calendar 1.I. Active Calendar July 7 2022 Documents: ACTIVE CALENDER JULY 7 2022.PDF 2. Supporting Legislation 2.I. Supporting Legislation July 7 2022 Documents: JULY 7, 2022.PDF 2.II. Local Law D Of 2022 (MC) (Balarin) Documents: LOCAL LAW D OF 2022 (MC) (BALARIN) - HRC REPORT DEADLINE.PDF 2.III. Ordinance 9.41.22 (Romero) Documents: ORDINANCE 9.41.22 (ROMERO) AN ORDINANCE AMENDING ARTICLE II (SKATEBOARDS) OF CHAPTER 255 (PEACE AND GOOD ORDER).PDF 2.IV. Local Law G Of 2022 (Balarin) Documents: LOCAL LAW G OF 2022 (BALARIN) A LOCAL LAW AMENDING RULES OF COMMISSIONS.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 6. Written Comment 7. Amended Legislation 8. Meeting Agenda 8.I. Agenda 0707 Documents: 22 AGENDA 0707.PDF Page 1 of 2 Albany Common Council Active Calendar Meeting of Thursday, July 7 2022 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held (c) Local Law D 2 Planning A LOCAL LAW AMENDING of 2022 (MC) PART 4 (HISTORIC RESOURCES COMMISSION) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE DEADLINE FOR THE HISTORIC RESOURCES COMMISSION’S ANNUAL REPORT ON EMERGENCY DEMOLITIONS AND STABILIZATION PROCEDURES Local Laws Held (c) Local Law G 4 Planning A LOCAL LAW of 2022 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 Page 2 of 2 Ordinances Held (b) Ordinance 2 Romero AN ORDINANCE 9.41.22 AMENDING ARTICLE II (SKATEBOARDS) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING IN THE CITY OF ALBANY (a) Pending Discussion at Caucus on Wednesday, June 29, 2022 @ 5:30pm, IN PERSON in the Council Chamber, 2nd Floor, City Hall (b) Pending Discussions at Law, Buildings and Code Enforcement Committee Meeting Monday, June 27, 2022 at 5:30pm via ZOOM (c) Pending Discussions at the Planning, Economic Development and Landuse Committee Meeting June 28, 2022 at 5:30 p.m. via ZOOM (06/24/2022) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION JULY 7, 2022 ORDINANCES 17.71.11 AN ORDINANCE CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY Council Members Romero and Anane introduced the following: ORDINANCE 17.71.22 AN ORDINANCE CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Legislative Intent For decades, Albany residents have been severely punished for the sale of cannabis during the War on Drugs. The criminalized use of cannabis has long been a source of wealth for communities who have been kept in poverty due to the lingering effects of slavery, redlining, and other forms of systemic racism. The Albany Community Commission on Cannabis Reparations will study how to repair some of this past harm now that it is legal to possess, display, purchase, obtain, or transport cannabis in New York State. Section 2. Establishment, purpose, and duties of the Commission A. There is hereby established the Albany Community Commission on Cannabis Reparations. B. The Commission shall have the following duties: 1) To examine municipal, state, and federal policies and institutions involved in the criminalization and disproportionate punishment of people of color involved in the sale of cannabis in the City of Albany; 2) To analyze what extent, if any, the City of Albany and its various departments, charter, laws, policies, general orders, practices, and regulations furthered the criminalization and disproportionate punishment of people of color engaged in the sale of cannabis, whether or not such effects, if any, may have been the intention of such departments, charter, laws, policies, general orders, practices and/or regulations; 3) To examine lingering practices in the public and private sectors within the City of Albany that continue to push people of color who were or are engaged in the possession, display, or consumption of cannabis; 4) To recommend effective ways to educate City of Albany residents about the Commission’s findings; 5) To recommend policies to implement reparations remedies to people of color who were punished for the sale, possess, and consumption of cannabis. The Commission shall include the sales tax revenue from the legal sale of cannabis in the City of Albany in its recommendation for how reparations remedies will be funded. The Commission may suggest other funding mechanisms as it sees fit. The Commission shall determine the form of reparations compensation, the amount of compensation, and who shall be eligible for such compensation in the City of Albany. C. The Commission shall submit a written report of its findings and recommendations to the Common Council, the Mayor, the Treasurer, and the Chief City Auditor of the City of Albany no later than six months after the date of the Commission’s first meeting. Section 3. Membership and Meetings A. The Commission shall be composed of nine members who shall be appointed within 60 days after the effective date of this act as follows: one member shall be appointed by the Mayor; one member shall be appointed by the President of the Common Council; one member shall be appointed by the President Pro Tempore of the Common Council, one member shall be appointed by the Majority Leader of the Common Council, two members shall be appointed by the Albany Center for Law and Justice; one member shall be appointed by the Albany chapter of the NAACP; one member shall be appointed by Avillage; and one member shall be appointed by the African American Cultural Center of the Capital Region. B. All members of the Commission shall be individuals who are especially qualified to serve on the Commission by virtue of their education, training, and/or experience, particularly in the fields of indigent legal services, mental hygiene, history, and racial studies. C. The Commission shall elect a Chair and a Vice-Chair from among its membership. D. Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. The Commission may create any number of sub-committees it deems appropriate. E. The members of the Commission shall receive no compensation for their service as members. F. The Chair shall call the first meeting of the Commission within 90 days after the effective date of this ordinance. The Commission shall convene at least one meeting each month. Section 4. Powers of the Commission A. The Commission may, for the purpose of carrying out the provisions of this ordinance, hold public hearings as the Commission deems appropriate. B. Any subcommittee or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. C. The Commission may request from the head of any department, agency, or instrumentality of the City available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and instrumentalities of the City shall cooperate with the Commission’s requests for such information and should furnish all information requested by the Commission to the extent permitted by law. Section 5. Termination. The Commission shall terminate 30 days after the date upon which the Commission submits the written report of its findings and recommendations. Section 6. This ordinance shall take effect immediately and shall expire and be deemed repealed 30 days after the Commission submits its final report. APPROVED AS TO FORM THIS 24TH DAY OF JUNE, 2022 _____________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Gabriella Romero, Council Member, 6th Ward Re: Common Council Legislation Supporting Memorandum Date: June 24, 2022 Sponsors: Romero, Anane ORDINANCE 17.71.22 TITLE AN ORDINANCE CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION For decades, Albany residents have been severely punished for the sale of cannabis during the War on Drugs. The criminalized use of cannabis has long been a source of wealth for communities who have been kept in poverty due to the lingering effects of slavery, redlining, and other forms of systemic racism. The Albany Community Commission on Cannabis Reparations will study how to repair some of this past harm now that it is legal to possess, display, purchase, obtain, or transport cannabis in New York State. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW See above. This ordinance causes no change to existing law. FISCAL IMPACT None identified for the creation of the Commission itself. Council Member Balarin, on behalf of the Committee on Planning, Economic Development, and Land Use, introduced the following: LOCAL LAW D OF 2022 (MC) 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 THE DEADLINE FOR THE HISTORIC RESOURCES COMMISSION’S ANNUAL REPORT ON EMERGENCY DEMOLITIONS AND STABILIZATION PROCEDURES Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Section 42-91 (Review of emergency actions) of Article XII (General Provisions) of Part 4 (Historic Resources Commission) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-91 Review of emergency actions. A. The Commission shall review orders for emergency actions relating to landmarks or property within historic districts after receiving notification pursuant to § 133-55 of this Code. B. The Commission, in consultation with the Department of Buildings and Regulatory Compliance, shall prepare and submit an annual report to the Mayor and Common Council on or before April August 1 of each year concerning emergency actions pursuant to § 133- 55 of this Code relating to landmarks or property within historic districts. Such report shall include, but need not be limited to, the following: (1) The number and locations of emergency actions undertaken in the previous calendar year, including maps depicting locations within each historic district and the City as a whole; (2) A description of the architectural and historic merit of landmarks or property within an historic district subject to an emergency action in the previous calendar year, the causes or factors contributing to such actions, and the effects of such action on surrounding buildings or structures; (3) Recommendations, if any, to identify and encourage the stabilization of landmarks and property within historic districts, in order to prevent emergency actions. Section 2. This Local Law shall take effect upon passage, public hearing, and filing with Matter in strikethrough to be deleted. Matter underlined is new material. the Secretary of State APPROVED AS TO FORM THIS 11TH DAY OF APRIL, 2022 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Martha Mahoney, Esq., Assistant Corporation Counsel Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: April 11, 2022 Sponsor(s): Council Member Balarin, on behalf of the Committee on Planning, Economic Development, and Land Use LOCAL LAW D OF 2022 (MC) TITLE 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 THE DEADLINE FOR THE HISTORIC RESOURCES COMMISSION’S ANNUAL REPORT ON EMERGENCY DEMOLITIONS AND STABILIZATION PROCEDURES GENERAL PURPOSE OF LEGISLATION This local law will change the deadline for the Historic Resource Commission’s annual report to the Mayor and Common Council on Emergency Demolitions and Stabilization Procedures, pursuant to Albany City Code § 133-55, from April 1 to August 1. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The goal is to change the deadline of the annual report to a date that is harmonious with quarterly reports made by the Department of Buildings & Regulatory Compliance (“BRC”) to the Historic Resources Commission (“HRC”), as well as to ensure consistency of the delivery of the annual report between past and future practices, based on practicality. Currently, the Code § 42-91(B) requires the HRC to prepare and submit an annual report to the Mayor and Common Council on or before April 1 of each year concerning emergency actions pursuant to Code § 133-55 relating to landmarks or property within historic districts. It appears that there is no known reason why the April 1 deadline was selected for the annual report. Pursuant to Code § 133-78.6, the BRC has a Vacant Building Registry quarterly reporting requirement to the HRC, among other entities, due by January 15, April 15, July 15, and October 15 of each year. The BRC’s quarterly reports to the HRC include information on emergency actions pursuant to Code § 133-55. Such information contained in the BRC’s quarterly reports overlaps with the information that the HRC is to report on in their Emergency Action annual report pursuant to § 42-91(B). The proposed legislation would change the deadline of the HRC’s annual report from April 1 to August 1, a date which would allow the HRC to fully review information contained in the quarterly reports for inclusion in the HRC’s annual report. In addition, the HRC’s annual reporting requirement under § 42-91(B) was recently codified with the enactment of Local Law M of 2020 in March 2021. Due to the practicality of when the reporting requirement took effect in March 2021, the HRC filed its first annual report in August 2021. The proposed legislation would change the deadline of the annual report from April 1 to August 1 to ensure consistency of the delivery of the annual report between past and future practices. FISCAL IMPACT(S) None. MESSAGE OF NECESSITY This Local Law is identical to Ordinance 10.42.22, which went out to membership on Friday, April 8, 2022 with the support legislation for the April 18, 2022 Council meeting. However, Code § 42- 91, the provision amended thereby, was enacted by Local Law 6 of 2021. Thus, by the Rule of Legislative Equivalency, section 42-91 may only be amended by local law, not by ordinance. This local law corrects that error by replacing Ordinance 10.42.22 The Code and Council rules dictate that items of legislation not included on the printed agenda, which goes out to membership at least 10 days before a meeting, can only be added to the agenda by majority consent. This local law is requested for majority consent to keep the legislation on the same timeline for passage that Ordinance 10.42.22 would have been. Ordinance 10.42.22 should not be introduced at the April 18, 2022 Council meeting. Council Member Romero introduced the following: ORDINANCE 9.41.22 AN ORDINANCE AMENDING ARTICLE II (SKATEBOARDS) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING IN THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article II (Skateboards) 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 § 255-8 Definitions Skateboard defined. For the purposes of this article, the following terms shall have the meanings indicated: SKATEBOARD A single platform which is mounted on wheels, designed or used in fact for riding underfoot, having no mechanism or other device with which to steer or control the direction of movement thereof while being used. § 255-9 Restricted use areas Regulation. Areas in the City of Albany in which skateboard riding is prohibited are as follows: A. All public and private sidewalks, roadways (including the entire paved and improved surface thereof including curbs), parking lots, driveways and courtyards within the boundaries set forth below: (1) All that area bounded by and including Lark Street south of Madison Avenue on the west, Clinton Avenue on the north, Broadway on the east and Myrtle Avenue on the south. B. Also, all basketball courts, tennis courts and handball courts within the City of Albany C. In No person shall use or ride a skateboard in, on, or upon any publicly owned monument, sculpture, or other statuary. § 255-10 Regulations. A. No person shall use or ride on a skateboard in or upon any of the areas and locations listed in § 255-9. B. In all other areas within the City of Albany, skateboard use is permitted so long as it is not effected in a manner that creates a risk of danger to any person or property or impedes or interferes with pedestrian or vehicular traffic. Matter in strikethrough to be deleted. Matter underlined is new material. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 24TH DAY OF MARCH, 2022 _____________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Gabriella Romero, Council Member, 6th Ward Re: Common Council Legislation Supporting Memorandum Date: March 24, 2022 Sponsor: Council Member Romero ORDINANCE 9.41.22 TITLE AN ORDINANCE AMENDING ARTICLE II (SKATEBOARDS) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION As Albany begins to move away from vehicular-only modes of transportation, we must identify and uplift all other modes of transit. The proposed changes remove the jurisdictional component of the previous legislation, allowing for skateboards to move freely around our City. It further removes the specifically punitive effects of skateboarding; however, skateboards must still abide by the NYS Vehicle and Traffic Law, which would be enforced by public safety officials. The only remaining restriction, under this ordinance, bans skateboarding on public monuments, sculptures, and statues. To note, there are no restrictions on in-line skaters, bicyclists, or pedestrians. Any unruly behavior by this movants is enforced through existing law by public safety officials. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW These changes provide parity with bicyclists and pedestrians. Skateboarding is more than a mode of recreation; it is also a means for transportation and should not be criminalized or subject to specifically punitive effects. FISCAL IMPACT 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: 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 Be it enacted, by the Common Council of the City of Albany, as follows: Section 1. Subsection A of section 42-85 (Membership; organization; meeting; vacancies; powers and duties) of Article XII (General Provisions) of Part 4 (Historic Resources Commission) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-85 Membership; organization; meeting; vacancies; powers and duties A. Membership; organization; meetings; vacancies. (1) The Historic Resources Commission shall consist of nine seven members and two alternate members, who shall be appointed by the Mayor of the City of Albany with the advice and consent of the Common Council. All Commission members shall have a demonstrated interest, competence or knowledge of historic preservation and archaeology, at least two one of whom shall be a professional archaeologists. To the extent that such professionals are available in the community, Commission members shall be drawn from among the disciplines of history, architectural history, architecture, historic architecture, planning, archaeology, historic preservation or closely related fields. (2) Three of the initial members shall be appointed for one year, two for two years and two for three years. Subsequently, members who are not alternate members shall be appointed for terms of three years as terms expire. Members of the Commission may be reappointed for succeeding terms. (3) The Mayor shall designate one member as Chairman Chairperson of the Commission and one member as Vice Chairperson Chairman. The Vice Chairperson Chairman shall act in the absence of the Chairman Chairperson. (4) The presence of five four members of the Commission shall constitute a quorum. The concurring vote of five four members shall be required to carry out an action of the Commission. (5) A vacancy occurring in the membership of the Commission for any cause shall be filled by a person appointed by the Mayor for the unexpired term. (6) The Commission shall meet as often as is necessary to discharge its duties in a timely fashion, but at least eight times per year. (7) The Mayor shall appoint two alternate members to the Commission to serve in place and stead of members who are unable to attend a meeting due to recusal or absence. The term of each alternate member shall be two years commencing on January 1 of the first year of appointment and ending on December 31 of the second year. One of the initial terms shall be for one year so as to effectuate a staggered sequencing of alternate member terms. After initial appointments, one alternate member shall be appointed each year. An alternate member whose term has expired may serve until replaced. In the event that any alternate member seat becomes vacant as a result of resignation, change of residency, or removal, a new alternate member shall be appointed to serve the remainder of the alternate member term. The Chairperson of the Commission may designate an alternate member to substitute for any member who is unable to participate due to recusal or absence. Such designation shall be entered into the minutes of the Commission meeting at which the substitution is made. When so designated, the alternate member(s) shall possess all the powers and responsibilities of a member of the Commission. All provisions of law relating to Commission member training and continuing education, eligibility, vacancy in office, removal, compatibility of office and service on other boards shall also apply to alternate members. Alternate members shall serve without compensation. Section 2. Section 42-177 (Creation; membership) of Article XXIII (General Provisions) of Part 13 (Planning Board of City of Albany) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-177 Creation; membership A City Planning Board of five members and two alternate members is hereby created, the members to be appointed by the Mayor. Section 3. Section 42-178 (Members; qualifications; terms of office; compensation; Mayor) of Article XXIII (General Provisions) of Part 13 (Planning Board of City of Albany) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-178 Members; qualifications; terms of office; compensation; Mayor A. Of the members of the Board to be appointed, not more than two shall be officials of the City of Albany. The terms of the member or members of the Board who hold municipal office, if any, shall terminate with the term of the Mayor selecting such member or members. The successors to the nonmunicipal officeholders on the Board shall be appointed for the term of five years from and after the expiration of the term of their predecessors in office. B. The Chairman Chairperson shall be selected by the Mayor. C. The members of the Board who hold municipal office shall serve without compensation. D. The municipal official or officials on such Board shall not by reason of membership thereon forfeit their right to exercise, perform the duties or receive the compensation of the municipal office held by them during their membership. E. The Mayor shall have authority to remove any member of the Board for cause after public hearing. F. In the event of a vacancy on the Board by reason of the death, resignation or removal of any member, the Mayor shall have authority to fill such vacancy for the unexpired term of such member. G. The Mayor shall appoint two alternate members to the Board to serve in place and stead of members who are unable to attend a meeting due to recusal or absence. The term of each alternate member shall be two years commencing on January 1 of the first year of appointment and ending on December 31 of the second year. One of the initial terms shall be for one year so as to effectuate a staggered sequencing of alternate member terms. After initial appointments, one alternate member shall be appointed each year. In the event that any alternate member seat becomes vacant as a result of resignation, change of residency, or removal, a new alternate member shall be appointed to serve the remainder of the alternate member term. The Chairperson of the Planning Board may designate an alternate member to substitute for any member who is unable to participate due to recusal or absence. Such designation shall be entered into the minutes of the Board meeting at which the substitution is made. When so designated, the alternate member(s) shall possess all the powers and responsibilities of such member of the Board. All provisions of law relating to Board member training and continuing education, eligibility, vacancy in office, removal, compatibility of office and service on other boards shall also apply to alternate members. Alternate members shall serve without compensation. Section 4. Section 42-359 (Creation) of Article XLVI (General Provisions) of Part 35 (Board of Zoning Appeals) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-359 Creation Pursuant to § 81 of the General City Law of the State of New York, there is hereby established a Board of Zoning Appeals (BZA) consisting of five members and two alternate members appointed by the Mayor and subject to the advice and consent of the Common Council in accordance with Section 301 of the City Charter. Section 5. Section 42-360.1 (Membership, appointment; terms of office) of Article XLVI (General Provisions) of Part 35 (Board of Zoning Appeals) of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-360.1 Membership, appointment; terms of office A. The members of the Board serving during the effective date of Chapter 375 shall continue in office as members of the Board. B. The Mayor shall appoint subsequent Board members to five-year terms. Terms shall begin January 1 and expire at 12:00 midnight on December 31. A member shall continue to serve until a successor is appointed. C. An appointment to fill a vacancy occurring prior to the expiration of a term shall be for the remainder of the unexpired term. Board members may be compensated at a rate determined by the Board of Estimate and Apportionment. Notwithstanding the foregoing, alternate members shall serve without compensation. D. The Mayor shall appoint two alternate members to the Board to serve in place and stead of members who are unable to attend a meeting due to recusal or absence. The term of each alternate member shall be two years, commencing on January 1 of the first year of appointment and ending on December 31 of the second year. One of the initial terms shall be for one year so as to effectuate a staggered sequencing of alternate member terms. After initial appointments, one alternate member shall be appointed each year. In the event that any alternate member seat becomes vacant as a result of resignation, change of residency, or removal, a new alternate member shall be appointed to serve the remainder of the alternate member term. The Chair of the Board of Zoning Appeals may designate an alternate member to substitute for any member who is unable to participate due to recusal or absence. Such designation shall be entered into the minutes of the Board meeting at which the substitution is made. When so designated, the alternate member(s) shall possess all the powers and responsibilities of such member of the Board. All provisions of law relating to Board member training and continuing education, eligibility, vacancy in office, removal, compatibility of office and service on other boards shall also apply to alternate members. Alternate members shall serve without compensation. Section 6. This Local Law shall take effect upon passage, public hearing, and filing with the Secretary of the State of New York, in accordance with New York State Municipal Home Rule Law § 27. APPROVED AS TO FORM THIS 26TH DAY OF MAY, 2022 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Martha Mahoney, Esq., Assistant Corporation Counsel Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: May 2, 2022 Sponsor(s): To be determined LOCAL LAW G OF 2022 TITLE 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 GENERAL PURPOSE OF LEGISLATION This local law will reduce the number of members serving on the Historic Resources Commission from nine to seven members. This local law will also authorize the appointment of alternate members to the Historic Resources Commission, Planning Board of the City of Albany, and Board of Zoning Appeals to serve in the absence of regular Commission or Board members. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW: This legislation serves two main purposes and an additional ancillary purpose. First, the legislation reduces the size of the Historic Resources Commission from nine to seven members. It is sometimes a challenge to find enough qualified individuals to serve on the Commission. In fact, at the time that this legislation was drafted, as well as for several months prior, the Commission has had two vacancies. Thus, the size of the reduced Commission, with the passage of this legislation, conforms to the current membership serving on the Commission. Further, in reducing the Commission by two members, this legislation would eliminate the number of archeologists required to serve as members, from two to one archaeologist. The large majority of cases that come before the Commission do not require archaeology as a component of the review. Therefore, the reduced size of the Commission, including the elimination of one of the required archeologist positions, serves a practical purpose and promotes government efficiency by mitigating the challenge of finding enough qualified individuals to serve on the Commission. Second, the legislation authorizes the appointment of alternate members to the Historic Resources Commission, Planning Board of the City of Albany, and Board of Zoning Appeals to serve in place and stead of members who are unable to attend a meeting due to recusal or absence. The legislation provides that alternate members will not receive compensation for serving on any Commission or Board and requires alternate members to comply with all provisions of law relating to regular member training and continuing education, eligibility, vacancy in office, removal, compatibility of office, and service on other boards. It is sometimes difficult to maintain a quorum on the Historic Resources Commission, City Planning Board, and Board of Zoning Appeals because members are ill, on extended vacation, absent resulting from employment-related travel, or find they have a conflict of interest situation on a specific matter before such Commission or Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required time lines in accordance with the City’s development review process. The City wishes to promote and facilitate participation in land use decision-making by the full membership of the Commission and Boards to the maximum extent possible. Moreover, it is noted that several municipalities in New York authorize the appointment of alternate members to their planning, zoning, and/or historic preservation boards, including the Cities of Rochester and Saratoga Springs and the Towns of Colonie, Guilderland, Poughkeepsie, and Waterford. The City of Albany would similarly benefit from the authorization of alternate members to the public boards specified herein. Therefore, the use of alternate members in the instances set out herein will help promote government efficiency by ensuring that public Commission and Board meetings are able to be held, despite conflicts of interest or absences that will likely occur in the normal course of business. Lastly, the legislation changes gendered references related to the position of Chair to the Historic Resources Commission and City Planning Board from Chairman to Chairperson, where applicable. FISCAL IMPACT(S) None. AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, July 7, 2022 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 1 LOCAL LAWS INTRODUCED 2 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 D of 2022 (MC) 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 THE DEADLINE FOR THE HISTORIC RESOURCES COMMISSION’S ANNUAL REPORT ON EMERGENCY DEMOLITIONS AND STABILIZATION PROCEDURES *Referred to Planning, Economic Development, and Land Use Committee 3. Hoey LOCAL LAW F of 2022 A LOCAL LAW AMENDING PART 3 (DEPARTMENT OF PUBLIC SAFETY) OF CHAPTER 42 (BOARDS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY *Referred to Public Safety 4. 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, and Land Use Committee 5. Romero LOCAL LAW H of 2022 A LOCAL LAW AMENDING CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC CODE VIOLATION DATABASE *Referred to Law, Buildings and Code Enforcement Committee 3 ORDINANCES INTRODUCED 17.71.11 AN ORDINANCE CREATING A COMMUNITY COMMISSION TO STUDY THE ENACTMENT OF REPARATIONS REMEDIES RELATED TO THE SALE OF CANNABIS IN THE CITY OF ALBANY 4 ORDINANCES HELD 1. Balarin Ordinance 4.21.22 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO INCREASING THE AFFORDABLE HOUSING REQUIREMENT IN NEW DEVELOPMENTS *Referred to Planning, Economic Development and Land Use 2. Romero Ordinance 9.41.22 AN ORDINANCE AMENDING ARTICLE II (SKATEBOARDS) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SKATEBOARDING IN THE CITY OF ALBANY *Referred to Law, Buildings and Code & Code Enforcement* 3. Clarke Ordinance 12.51.22 AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF ANTHONY STREET IN THE CITY OF ALBANY, NEW YORK AND DEDICATING ANTHONY STREET TO WESTLAND HILLS PARK FOR PARK PURPOSES 4. Robinson Ordinance 13.52.22 AN ORDINANCE AUTHORIZING THE SALE TO THE CITY SCHOOL DISTRICT OF ALBANY OF 56 NORTH LARK STREET (TAX MAP PARCEL NUMBER 65.65-4-1) *Referred to Finance, Assessment, and Taxation 5. Clarke Ordinance 15.62.22 AN ORDINANCE AMENDING PART 38 (PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD [PEGAOB]) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE COMPOSITION OF THE PUBLIC, EDUCATION AND GOVNERMENT ACCESS OVERSIGHT BOARD *Referred to PEG Access Ad-Hoc Committee 5 RESOLUTIONS INTRODUCED 6 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 Committee* 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, and Family Service* 3. Balarin Resolution 63.61.22R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING ZACHARY SIMPSON TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD *Referred to PEGAOB Ad Hoc Committee* 4. Balarin Resolution 64.61.22R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING DONALD HYMAN TO THE PUBLIC, EDUCATION AND GOVERNMENT ACCESS OVERSIGHT BOARD *Referred to PEGAOB Ad Hoc Committee* 7