July 8, 2021 Common Council Meeting Documents 1. Active Calendar 1.I. 5:30 PM Amended Active Calendar 07082021 Documents: ACTIVE CALENDAR JULY 8 2021 AMENDED.PDF 1.I.i. 5:30 PM Amended Active Calendar (2) Documents: ACTIVE CALENDAR JULY 8 2021 AMENDED 2.PDF 1.II. July 8, 2021 Common Council Meeting Agenda Documents: 21 AGENDA 0708.PDF 1.II.i. 5:30 PM 21 Agended 0708 Amended Documents: 21 AGENDA 0708 AMENDED.PDF 1.III. 5:30 PM Active Calendar For July 8, 2021 Meeting Active Calendar Documents: ACTIVE CALENDAR JULY 8 2021.PDF 2. Supporting Legislation 2.I. 5:30 PM Amended Support Legislation Documents: SUPPORT LEGISLATION JULY 8 2021 AMENDED.PDF 2.II. 5:30 PM Support Legislation For July 8, 2021 Meeting Support Legislation Documents: SUPPORT LEGISLATION JULY 8 2021.PDF 3. Minutes 3.I. July 8, 2021 Meeting Minutes Documents: SUPPORT LEGISLATION JULY 8 2021.PDF 3. Minutes 3.I. July 8, 2021 Meeting Minutes Documents: 21 MINUTES 0708 FINAL.PDF 4. Majority Consent (MC) 4.I. 5:30 PM Resolution 58.71.21R (MC) Audio Visual Equipment Purchase, Training, And Installation Documents: RESOLUTION 58.71.21R (MC) - COMMON COUNCIL AV EQUIPMENT PURCHASE INSTALLATION TRAINING.PDF 5. Supporting Document 5.I. 5:30 PM Resolution 44.51.21R (Love) As Amended 07.02.2021 Documents: RESOLUTION 44.51.21R (LOVE) (AA 07.02.2021)- HONORARY STREET RENAMING JEANETTE AND BENJAMIN G GARLAND.PDF 5.I.i. 5:30 PM Local Law H Of 2021 (Anane) As Amended 06.14.2021 Documents: LOCAL LAW H OF 2021 (ANANE) (AA 06.14.2021) AMENDS CHAPTER 133A OF THE CODE OF THE CITY OF ALBANY.PDF 5.II. 5:30 PM Local Law F Of 2021 As Amended 7.8.2021 Documents: LOCAL LAW F OF 2021 (BALARIN) (AA 07.08.21) LOCAL LAW AMENDING PART 2-COURTS AND LEGAL PROCEDURES-OF THE CODE OF THE CITY OF ALBANY.PDF 6. Public Comment Page 1 of 2 Albany Common Council Active Calendar Meeting of Thursday, July 8, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held Local Law C 3 Doesschate, Conti, A LOCAL LAW AMENDING of 2021 (As Farrell, Frederick, ARTICLE VIIB (ALBANY Amended and Hoey POLICE DEPARTMENT 04/05/2021) INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS Local Laws Held Local Law H 7 Anane LOCAL LAW AMENDING of 2021 (As CHAPTER 133A (BUILDING Amended CONSTRUCTION AND 06/14/2021) HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE Local Laws Held Local Law G 6 Conti LOCAL LAW AMENDING of 2021 ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES Page 2 of 2 Ordinances Introduced 20.71.21 Anane AN ORDINANCE TEMPORARILLY SUSPENDING CERTAIN PROVISIONS OF CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFES IN ORDER TO ALLOW CONTINUATION OF THE EXTENDED PATIO AND OUTDOOR SEATING PROGRAM Ordinances Held (a) 17.61.21 23 Fahey & Anane AN ORDINANCE AMENDING ARTICLE VA (NOTICE OF VIOLATION) OF CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SHORTENING THE COMPLIANCE PERIOD FOR CODE VIOLATIONS RELATED TO HEALTH AND SAFETY Resolutions Introduced (b) 57.71.21R Anane RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY Resolutions Held 44.51.21R (As 11 Love RESOLUTION OF THE Amended COMMON COUNCIL OF THE 07/02/2021) CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR (a) Pending discussions at Law, Buildings, and Code Enforcement, June 28, 2021 @ 5:30pm Common Council Chamber, 2nd Floor City Hall (b) Pending discussion at Caucus on June 30, 2021 @ 5:30pm Common Council Chamber, 2nd Floor City Hall (07/02/2021) Page 1 of 3 Albany Common Council Active Calendar Meeting of Thursday, July 8, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held Local Law C 3 Doesschate, Conti, A LOCAL LAW AMENDING of 2021 (As Farrell, Frederick, ARTICLE VIIB (ALBANY Amended and Hoey POLICE DEPARTMENT 04/05/2021) INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS Local Laws Held Local Law H 7 Anane LOCAL LAW AMENDING of 2021 (As CHAPTER 133A (BUILDING Amended CONSTRUCTION AND 06/14/2021) HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE Local Laws Held Local Law G 6 Conti LOCAL LAW AMENDING of 2021 ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES Page 2 of 3 Ordinances Introduced 20.71.21 Anane AN ORDINANCE TEMPORARILLY SUSPENDING CERTAIN PROVISIONS OF CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFES IN ORDER TO ALLOW CONTINUATION OF THE EXTENDED PATIO AND OUTDOOR SEATING PROGRAM Ordinances Held 11.32.21 17 Kimbrough AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) Ordinances Held 12.51.21 18 Love AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 Ordinances Held 14.52.21 20 Frederick & AN ORDINANCE Johnson AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY- OWNED DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET Ordinances Held 16.52.21 22 Love AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 23 LARK STREET (Tax Map Parcel Number 65.65-5-19) Ordinances Held (a) 17.61.21 23 Fahey & Anane AN ORDINANCE AMENDING ARTICLE VA (NOTICE OF VIOLATION) OF CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SHORTENING THE COMPLIANCE PERIOD FOR CODE VIOLATIONS RELATED TO HEALTH AND SAFETY Page 3 of 3 Ordinances Held 19.61.21 25 Kimbrough AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO 1053 BREWING LLC OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF BRIDGE STREET FOR THE CONSTRUCTION AND MAINTENANCE OF AN ADA COMPLIANT RAMP AND DECK AT DRUTHERS BREWING COMPANY Resolutions Introduced (b) 57.71.21R Anane RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY Resolutions Held 44.51.21R (As 11 Love RESOLUTION OF THE Amended COMMON COUNCIL OF THE 07/02/2021) CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR (a) Pending discussions at Law, Buildings, and Code Enforcement, June 28, 2021 @ 5:30pm Common Council Chamber, 2nd Floor City Hall (b) Pending discussion at Caucus on June 30, 2021 @ 5:30pm Common Council Chamber, 2nd Floor City Hall (07/08/2021) AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, July 8, 2021 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). It will be 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. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment LOCAL LAWS INTRODUCED N of 2021 A LOCAL LAW REPEALING CHAPTER 20 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) AND AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSION) TO ENACT A NEW PART 39 ENTITLED: “DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE” LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics 3. Doesschate, Conti, Farrell, Frederick, and Hoey LOCAL LAW C – 2021 As Amended A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *TABLED* 4. Anane LOCAL LAW D - 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE * Referred to Finances, Assessment, & Taxation Committee 5. Balarin LOCAL LAW F-2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS * Referred to Law, Buildings, and Code Enforcement Committee* 6. Conti LOCAL LAW G -2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES * Referred to Law, Buildings, and Code Enforcement Committee* 7. Anane LOCAL LAW H-2021 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE * Referred to Law, Buildings, and Code Enforcement Committee* 8. Johnson, Anane, Hoey with Support of President Ellis LOCAL LAW L – 2021 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 Committee* 9. Kimbrough LOCAL LAW M-2021 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART I (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety Committee* ORDINANCES INTRODUCED 20.71.21 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFÉS ORDINANCES HELD 1. Anane Ordinance 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 5. Fahey Ordinance 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 6. Kimbrough Ordinance 11.61.20 As Amended AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS *Referred to Planning, Economic Development and Land Use 7. Anane Ordinance 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Service, Health and Environment 8. Frederick Ordinance 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 9. Conti Ordinance 43.112.20 (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use Committee 10. O’Brien Ordinance 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use Committee 11. Planning Ordinance 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 12. Planning Ordinance 6.31.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 13. Planning Ordinance 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 14. Planning Ordinance 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 15. Planning Ordinance 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 16. Planning Ordinance 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 17. Kimbrough Ordinance 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) *Referred to Finance, Assessment, & Taxation Committee* 18. Love Ordinance 12.51.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 *Referred to Finance, Assessment & Taxation Committee* 19. Fahey Ordinance 13.51.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” *Referred to Planning, Economic Development, and Land Use Committee* 20. Frederick and Johnson Ordinance 14.52.21 AN ORDINANCE AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY-OWNED DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET *Referred to Finance, Taxation, & Assessment Committee* 22. Love Ordinance 16.52.21 AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 23 LARK STREET (Tax Map Parcel Number 65.65-5-19) *Referred to Finance, Taxation, & Assessment Committee 23. Fahey & Anane Ordinance 17.61.21 AN ORDINANCE AMENDING ARTICLE VA (NOTICE OF VIOLATION) OF CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SHORTENING THE COMPLIANCE PERIOD FOR CODE VIOLATIONS RELATED TO HEALTH AND SAFETY *Referred to Law, Buildings, & Code Enforcement Committee* 24. Doesschate Ordinance 18.61.21 ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN RELATION TO INCENTIVES FOR DEVELOPERS TO USE ENERGY EFFICIENT AND LOW IMPACT DESIGNS 25. Kimbrough Ordinance 19.61.21 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO 1053 BREWING LLC OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF BRIDGE STREET FOR THE CONSTRUCTION AND MAINTENANCE OF AN ADA COMPLIANT RAMP AND DECK AT DRUTHERS BREWING COMPANY *Referred to Finance, Assesment and Taxation Committee* RESOLUTIONS INTRODUCED 57.71.21R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety Committee 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use Committee 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 5. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation Committee 6. Finance Resolution Number 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) *Referred to Finance, Assessment, & Taxation Committee 7. Anane Resolution Number 37.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY *Referred to Planning, Economic Development, and Land Use Committee 8. Fahey Resolution Number 38.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY *Referred to Planning, Economic Development, Land Use Committee* 9. Finance Resolution Number 41.51.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) *Referred to Finance, Assessment, & Taxation Committee* 10. Finance Resolution Number 42.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) *Referred to Finance, Assessment, & Taxation Committee* 11. Love Resolution Number 44.51.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR 12. Fahey Resolution Number 47.52.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY REQUESTING IMMEDIATE ACTION BY OUT STATE AND FEDERAL OFFICIALS TO UNDERTAKE A THOROUGH AND COMPLETE EVALUTION OF THE USE OF CHEMICAL GAS ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE WHETHER TO BAN ITS USE *Referred to Public Safety Committee* 13. Flynn Resolution Number 49.52.21R (MC) RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY ENCOURAGING THAT CAPITAL HOLIDAY LIGHTS IN THE PARK REMAIN IN WASHINGTON PARK *Referred to Parks, Recreation, and Family Services Committee* 14. Kimbrough Resolution Number 56.62.21R RESOLUTION HONORING THE LIFE AND LEGACY OF CHARLES E. TRAYNHAM AND RENAMING A PORTION OF MOHAWK STREET IN HIS HONOR *Referred to General Services, Health, and Environment Committee AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, July 8, 2021 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). It will be 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. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment (Amended 07/02/2021) LOCAL LAWS INTRODUCED N of 2021 A LOCAL LAW REPEALING CHAPTER 20 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) AND AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSION) TO ENACT A NEW PART 39 ENTITLED: “DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE” LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics 3. Doesschate, Conti, Farrell, Frederick, and Hoey LOCAL LAW C – 2021 As Amended A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *TABLED* 4. Anane LOCAL LAW D - 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE * Referred to Finances, Assessment, & Taxation Committee 5. Balarin LOCAL LAW F-2021 LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS * Referred to Law, Buildings, and Code Enforcement Committee* 6. Conti LOCAL LAW G -2021 LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES * Referred to Law, Buildings, and Code Enforcement Committee* 7. Anane LOCAL LAW H-2021 LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICES OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE * Referred to Law, Buildings, and Code Enforcement Committee* 8. Johnson, Anane, Hoey with Support of President Ellis LOCAL LAW L – 2021 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 Committee* 9. Kimbrough LOCAL LAW M-2021 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART I (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS *Referred to Public Safety Committee* ORDINANCES INTRODUCED 20.71.21 AN ORDINANCE TEMPORARILLY SUSPENDING CERTAIN PROVISIONS OF CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFES IN ORDER TO ALLOW CONTINUATION OF THE EXTENDED PATIO AND OUTDOOR SEATING PROGRAM ORDINANCES HELD 1. Anane Ordinance 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 5. Fahey Ordinance 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 6. Kimbrough Ordinance 11.61.20 As Amended AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS *Referred to Planning, Economic Development and Land Use 7. Anane Ordinance 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Service, Health and Environment 8. Frederick Ordinance 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 9. Conti Ordinance 43.112.20 (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use Committee 10. O’Brien Ordinance 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use Committee 11. Planning Ordinance 5.32.21 AN ORDINANCE AMENDING ARTICLE I (GENERAL PROVISIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 12. Planning Ordinance 6.31.21 AN ORDINANCE AMENDING ARTICLE II (ZONING DISTRICTS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 13. Planning Ordinance 7.32.21 AN ORDINANCE AMENDING ARTICLE III (USE REGULATIONS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 14. Planning Ordinance 8.32.21 AN ORDINANCE AMENDING ARTICLE IV (DEVELOPMENT STANDARDS) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 15. Planning Ordinance 9.32.21 AN ORDINANCE AMENDING ARTICLE V (ADMINISTRATION AND ENFORCEMENT) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 16. Planning Ordinance 10.32.21 AN ORDINANCE AMENDING ARTICLE VI (RULES OF CONSTRUCTION; DEFINITION) AND ARTICLE VII (APPLICATION FEES) OF CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS *Referred to Planning, Economic Development and Land-use Committee* 17. Kimbrough Ordinance 11.32.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32) *Referred to Finance, Assessment, & Taxation Committee* 18. Love Ordinance 12.51.21 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15 *Referred to Finance, Assessment & Taxation Committee* 19. Fahey Ordinance 13.51.21 AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” *Referred to Planning, Economic Development, and Land Use Committee* 20. Frederick and Johnson Ordinance 14.52.21 AN ORDINANCE AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY-OWNED DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET *Referred to Finance, Taxation, & Assessment Committee* 22. Love Ordinance 16.52.21 AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 23 LARK STREET (Tax Map Parcel Number 65.65-5-19) *Referred to Finance, Taxation, & Assessment Committee 23. Fahey & Anane Ordinance 17.61.21 AN ORDINANCE AMENDING ARTICLE VA (NOTICE OF VIOLATION) OF CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SHORTENING THE COMPLIANCE PERIOD FOR CODE VIOLATIONS RELATED TO HEALTH AND SAFETY *Referred to Law, Buildings, & Code Enforcement Committee* 24. Doesschate Ordinance 18.61.21 ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN RELATION TO INCENTIVES FOR DEVELOPERS TO USE ENERGY EFFICIENT AND LOW IMPACT DESIGNS 25. Kimbrough Ordinance 19.61.21 AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO 1053 BREWING LLC OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF BRIDGE STREET FOR THE CONSTRUCTION AND MAINTENANCE OF AN ADA COMPLIANT RAMP AND DECK AT DRUTHERS BREWING COMPANY *Referred to Finance, Assesment and Taxation Committee* RESOLUTIONS INTRODUCED 57.71.21R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety Committee 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use Committee 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 5. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation Committee 6. Finance Resolution Number 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) *Referred to Finance, Assessment, & Taxation Committee 7. Anane Resolution Number 37.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY *Referred to Planning, Economic Development, and Land Use Committee 8. Fahey Resolution Number 38.42.21R A RESOLUTION AUTHORIZING A RIGHT-OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY-OWNED RIGHTS-OF-WAY *Referred to Planning, Economic Development, Land Use Committee* 9. Finance Resolution Number 41.51.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) *Referred to Finance, Assessment, & Taxation Committee* 10. Finance Resolution Number 42.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) *Referred to Finance, Assessment, & Taxation Committee* 11. Love Resolution Number 44.51.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR 12. Fahey Resolution Number 47.52.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY REQUESTING IMMEDIATE ACTION BY OUT STATE AND FEDERAL OFFICIALS TO UNDERTAKE A THOROUGH AND COMPLETE EVALUTION OF THE USE OF CHEMICAL GAS ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE WHETHER TO BAN ITS USE *Referred to Public Safety Committee* 13. Flynn Resolution Number 49.52.21R (MC) RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY ENCOURAGING THAT CAPITAL HOLIDAY LIGHTS IN THE PARK REMAIN IN WASHINGTON PARK *Referred to Parks, Recreation, and Family Services Committee* 14. Kimbrough Resolution Number 56.62.21R RESOLUTION HONORING THE LIFE AND LEGACY OF CHARLES E. TRAYNHAM AND RENAMING A PORTION OF MOHAWK STREET IN HIS HONOR *Referred to General Services, Health, and Environment Committee Page 1 of 2 Albany Common Council Active Calendar Meeting of Thursday, July 8, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held Local Law C 3 Doesschate, Conti, A LOCAL LAW AMENDING of 2021 (As Farrell, Frederick, ARTICLE VIIB (ALBANY Amended and Hoey POLICE DEPARTMENT 04/05/2021) INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS Local Laws Held (a) Local Law F 5 Balarin LOCAL LAW AMENDING of 2021 PART 2 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS Local Laws Held Local Law G 6 Conti LOCAL LAW AMENDING of 2021 ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES Resolutions Introduced (b) 57.71.21R Anane RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY Page 2 of 2 Resolutions Held (c) 44.51.21R 11 Love RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN HIS HONOR (a) Pending discussions at Law, Buildings, and Code Enforcement, June 28, 2021 @ 5:30pm Common Council Chamber, 2nd Floor City Hall (b) Pending discussion at Caucus on June 30, 2021 @ 5:30pm Common Council Chamber, 2nd Floor City Hall (c) Pending amendments (06/25/2021) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION JULY 8, 2021 LOCAL LAWS N of 2021 A LOCAL LAW REPEALING CHAPTER 20 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) AND AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSION) TO ENACT A NEW PART 39 ENTITLED: “DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE” ORDINANCES 20.71.21 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFÉS RESOLUTIONS 57.71.21R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY Council Member Conti introduced the following: LOCAL LAW N A LOCAL LAW REPEALING CHAPTER 20 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) AND AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSION) TO ENACT A NEW PART 39 ENTITLED: “DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE” Section 1. Chapter 20 (Department of Buildings and Regulatory Compliance) of the Code of the City of Albany is REPEALED. Section 2. Chapter 42 (Departments and Commissions) of the Code of the City of Albany is amended to enact a new Part 39 to read as follows: Part 39. Department of Buildings and Regulatory Compliance Article L. General Provisions § 42-381. Creation of Department of Buildings and Regulatory Compliance. There is hereby created and established a Department of Buildings and Regulatory Compliance. § 42-382. Commissioner; qualifications; Deputy and Assistant Commissioners. There shall be appointed by the Mayor a Commissioner of Buildings and Regulatory Compliance, who shall be the head of the Department of Buildings and Regulatory Compliance and carry out the functions and duties thereof and shall meet the qualifications as provided in section 133-48.1 of this Code. The Commissioner shall appoint Deputy or Assistant Commissioners, who shall serve at the Commissioner's pleasure and serve in the Commissioner's absence. The Commissioner, Deputy and Assistant Commissioners are vested with the authority, direction and control over the Department, including the authority to appoint and remove employees of said Department. § 42-383. Commissioner; duties. In addition to the duties found in Chapter 133 of this Code, the Commissioner shall faithfully execute all laws and ordinances relative to the erection, construction, alteration or removal of buildings or other structures and see that the same are obeyed. He shall have power to make, adopt and enforce such reasonable rules and regulations, not inconsistent with law or the ordinances of the Common Council, as may be reasonably necessary to effect a prompt and efficient exercise of all the powers conferred and the performance of all duties imposed by law or ordinance upon him or the Department under his jurisdiction. He shall have power to establish and enforce such reasonable rules and regulations as may be necessary for the government of his Department and shall have general supervision over the records of the Department and its officers and employees. Said Commissioner shall have the power to enter into and examine buildings and structures, lots and enclosures of every description to see that all laws of the state and ordinances of the City and rules and regulations of his Department are fully enforced. He shall have full power and authority to pass upon and determine all questions arising under the provisions of law or ordinances relative to the plans, manner or method of construction or materials to be used in erecting, altering, repairing, equipping, furnishing or improving any building or structure or concerning the observance and maintenance of all proper and legal precautions against fire and for public safety in said City. He shall have full power and authority to order and compel the suspension of any work and prohibit the use of any material, machinery or equipment in violation of the provisions of law or the ordinances of said City and may make such tests as he may deem necessary to determine the safety of any building, structure, material, machinery or equipment which it becomes his duty to inspect. He shall have full power and authority to supervise and inspect such erection, construction or alteration and to require that such erection, construction or alteration and the manner and mode thereof and the materials used thereon shall conform to the several provisions of the laws, ordinances and rules and regulations relative thereto. § 42-384. Plans and specifications. All plans and specifications for the erection, construction or alteration of buildings or other structures shall be submitted to the Commissioner for his approval, and no building or other structure shall be erected, constructed or altered until the plans and specifications therefor shall have been approved and a permit issued for such erection, construction or alteration. No permit shall be required for the making of ordinary repairs of buildings or structures or of the plumbing, drainage, electrical wiring or gas piping thereof, but such repairs shall not be construed to include the cutting away of any stone or brick wall or any portion thereof, the removal or cutting of any beams or supports or the removal or closing of any staircase or the alteration of any house sewer or private sewer or drainage system. No change shall be made in the use or occupation of any existing building which will materially alter its character without the permission of the Commissioner and until said building has been reconstructed and modified to conform to the provisions of this chapter and the Building Code. § 42-385. Application to vary or modify rules. When the owner or lessee of any building or structure about to be erected, constructed or altered files with the Commissioner an application for the variation or modification of any rule or regulation or of any provision of law or ordinance relating to the erection, construction or alteration of buildings or other structures, he shall in such application fully set forth the grounds for the desired variation or modification. The plans and specifications for the proposed erection, construction or alteration shall accompany such application. The Commissioner shall fix a date within a reasonable time for hearing such application and as soon as practicable thereafter render a warrant decision thereon. Upon the hearing, the applicant may appear and be heard. The particulars of each such application and the decision thereon shall be entered in the records of the Department of Buildings and Regulatory Compliance, and in case the application is granted, a permit therefor shall be issued. § 42-386. Records. The Commissioner shall preserve a record of all plans and specifications and of all applications for his approval thereof concerning, affecting or relating to the erection, construction or alteration of buildings or other structures. Such record shall include the date of the filing of each such application; the name and address of the owner of the land on which the building or structure mentioned in such application is situated; the names and addresses of the architect and builder employed thereon; a designation of the premises sufficient to identify the same; and a statement of the nature and proposed use of such building or structure and a brief statement of the decision of the Commissioner upon such application and the date thereof. Such records shall be public records and shall be open to the inspection of the public. § 42-387. Right of appeal. Whenever the Commissioner shall reject or refuse to approve any plan or specification for or the mode or manner of construction proposed to be used in the erection, construction or alteration of any building or structure, or when it is claimed that the provisions of the Building Code or the provisions of any law or ordinance relative to the erection, construction or alteration of buildings or other structures do not apply, or when it is claimed that the true intent and meaning of said code, laws or ordinances have been misconstrued or improperly interpreted, the owner, or any person aggrieved, or any offices, Department, board or bureau of the City may appeal as hereinafter provided. § 42-388. Appeals procedure (Reserved). § 42-389. Proceeding to enforce law. The Commissioner is authorized, by and with the advice and consent of the Corporation Counsel, in the name of the City, to maintain actions to restrain the performance of any act contrary to, or in violation of, the rules and regulations of his department, laws and ordinances and to prohibit the use or occupation of any building or structure which has been or is being erected, constructed or altered in violation of the provisions of any law, ordinance or rule or regulation relative to the erection, construction or alteration of buildings or structures. In any such action, no undertaking shall be required. He may in like manner maintain actions for the recovery of penalties established by law or ordinance. § 42-390. Removal of buildings deemed to be nuisances. Every structure or part thereof erected or placed or permitted to continue contrary to the provisions of this chapter or the Building Code or Sanitary Code shall be deemed to be a common nuisance, and the Commissioner may order the same removed, and in case the owner thereof shall neglect or refuse to remove such structure or part thereof, the Commissioner may remove such structure or part thereof in accordance with Chapter 133 of this code at the expense of the owner or may cause the same to be abated in the same manner as other nuisances. Section 3. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. APPROVED AS TO FORM THIS 25TH DAY OF JUNE, 2021 ________________________________ Corporation Counsel TO: Danielle Gillespie, City Clerk FROM: Council Member Conti, 6th Ward RE: SUPPORTING MEMORANDUM DATE: June 23, 2021 Title: A LOCAL LAW REPEALING CHAPTER 20 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) AND AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSION) TO ENACT A NEW PART 39 ENTITLED: “DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE” Sponsor(s): Council Member Conti Purpose: To recodify the Building Department in Chapter 42 of the City Code and correct certain statutory inconsistencies that currently exist regarding the Chief Building Official. Summary: This proposal removes the Department of Buildings & Regulatory Compliance from its current location in Chapter 20 of the Code of the City of Albany, places it into Chapter 42 of the Code (Departments and Commissions), as indicated in sections 375-503(1)(c) and 375-602 of the USDO, and corrects the following inconsistencies that currently exist in the city code as to that position: 1) Section 20-2 states the Commissioner of Buildings and Regulatory Compliance shall meet the qualifications set forth in the Uniform Fire Prevention and Building Code. Current adopted versions of those codes do not set forth qualifications for the position; City Code section 133-48.1 sets forth qualifications. New section 42-382 includes the correct cross reference. 2) Section 20-10 (Removal of buildings deemed to be nuisances) contains language inconsistent with corresponding provisions in Chapter 133 (Building Construction), and inconsistent with N.Y. General City Law section 20(35). New section 42-389 includes the correct cross reference to Chapter 133. 3) Section 20-7 (New 42-387) creates a right of administrative appeal for non-zoning decisions made by the Commissioner of Buildings and Regulatory Compliance, “as hereinafter provided” but the following section, 20-8 (New 42-388), is reserved, with no administrative appeal mechanism provided for non-zoning decisions (zoning decisions made by the Director are appealable to the BZA). Rather than strike out entirely the right of appeal section, the proposed local law carries over the reserved section number if, in the future, the Council elects to create an administrative appeal mechanism for non-zoning decisions made by the Chief Building Official. Justification: The provisions included in this local law were originally drafted by the Law Department in 2017 and initially included in the ordinance adopting the USDO (Ord. 26.31.17). They were not included in the final version adopted by the Council with the intent that they would be discussed separately and adopted prior to the end of 2017, which did not happen. The adopted USDO ordinance assumes the recodification of the Building Department from Chapter 20 to Chapter 42 and includes cross references to provisions in Chapter 42 which do not currently exist [sections 375-503(1)(c) and 375-602]. The enactment of this local law is necessary to correct those cross references as well as to make the additional corrections. Fiscal Impact: None Effective Date: This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. Council Member Anane introduced the following: ORDINANCE 20.71.21 AN ORDINANCE TEMPORARILLY SUSPENDING CERTAIN PROVISIONS OF CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFES IN ORDER TO ALLOW CONTINUATION OF THE EXTENDED PATIO AND OUTDOOR SEATING PROGRAM The City of Albany in Common Council convened, does hereby ordain and enact: Section 1. Findings and Intent. The Common Council finds that as a result of the COVID- 19 Pandemic, the Extended Patio and Outdoor Seating Program was initially established as a temporary program authorized under the Café Permit Expansion State of Emergency Declaration (Emergency Order 315-5) issued by Mayor Sheehan on June 5, 2020 and subsequently renewed thereafter, during the pendency of the COVID-19 public health crisis, pursuant to the Mayor’s authority under N.Y. Exec. Law § 24(1)(G)(i). The Café Permit Expansion State of Emergency Declarations have made such additional seating and dining opportunities available to outdoor and sidewalk cafés by lifting certain city requirements related to street-level dining set forth under Chapter 375 of the Code of the City of Albany’s Unified Sustainable Development Ordinance (USDO), while also maintaining compliance with applicable federal and state law requirements under the Americans with Disabilities Act (ADA) and by the New York State Liquor Authority, respectively. Currently, the City’s Extended Patio and Outdoor Café Program is authorized under Emergency Order 315-5.75, issued by Mayor Sheehan on June 7, 2021, and which remains in effect for five days or until it is rescinded by the Mayor. In light of the rapidly changing circumstances presented by the COVID-19 public health crisis and the success in vaccination rates in New York State, on June 23, 2021, Governor Cuomo announced the imminent expiration of the COVID-19 State Disaster Emergency Declaration (Executive Order No. 202) on June 24, 2021. The Common Council further finds that this program has been beneficial to those establishments taking advantage of it and the expansion of outdoor dining has been widely popular with the public. Effective June 25, 2021, and onward, it is appropriate for the Common Council to use its authority as a duly-elected legislative body to continue this program, that was created in response to the global pandemic to alleviate the financial and operational challenges faced by businesses, and that will continue to serve a need and alleviate a significant burden on businesses and its patrons beyond the expiration date of the public health state of emergency. The Common Council further finds that the Council, in coordination with the Department of Development and Planning, is currently undertaking a mandated comprehensive review of the USDO and considering various modifications and amendments thereto including to those provisions related to sidewalk and outdoor cafes, with the intent that the full Common Council will take action of these proposals before the end of the year. The Council therefore finds it appropriate to continue on a temporary basis the suspension under Emergency Order 315-5.75 of those provisions of the USDO related to the Extended Patio and Outdoor Seating Program while longer term permanent revisions to the USDO, including sidewalk and outdoor cafes, are considered as part of the comprehensive review. Section 2. Notwithstanding any inconsistent provision of the Code of the City of Albany, the Common Council hereby suspends those provisions of Chapter 375 of such code, constituting the Unified Sustainable Development Ordinance (USDO), related to the authorization of sidewalk and outdoor cafes, which were otherwise suspended pursuant to Emergency Order 315-5.75 issued by Mayor Sheehan on June 7, 2021 to the extent necessary to continue the Extended Patio and Outdoor Seating Program as currently in effect as of the effective date of this ordinance, and incorporates by reference, the express requirement under Emergency Order 315-5.75 that each business operating within outdoor space on public property must maintain four feet clear along the sidewalk for pedestrian passage. Section 3. This ordinance shall take effect immediately and shall be deemed to have been in effect on and after July 7, 2021 and shall expire and be of no further force or effect on and after October 4, 2021. APPROVED AS TO FORM THIS 2nd DAY OF JULY, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Martha Mahoney, Esq., Assistant Corporation Counsel John-Raphael Pichardo, Esq., Research Counsel Council Member Anane Re: Common Council Legislation Supporting Memorandum Date: June 25, 2021 SPONSOR Council Member Anane ORDINANCE 20.71.21 TITLE AN ORDINANCE TEMPORARILLY SUSPENDING CERTAIN PROVISIONS OF CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFES IN ORDER TO ALLOW CONTINUATION OF THE EXTENDED PATIO AND OUTDOOR SEATING PROGRAM GENERAL PURPOSE OF LEGISLATION To extend the patio or outdoor seating opportunities made available to outdoor and sidewalk cafés in the City of Albany (“City”) under the City’s Extended Patio & Outdoor Café Program, a program designed to assist local eateries by providing safe and socially distanced dining options. The Extended Patio Program was initially established as a temporary program authorized under the Café Permit Expansion State of Emergency Declaration (Emergency Order 315-5) issued by Mayor Sheehan on June 5, 2020, and subsequently renewed thereafter, during the pendency of the COVID-19 public health crisis, pursuant to the Mayor’s authority under N.Y. Exec. Law § 24(1)(G)(i). The Café Permit Expansion State of Emergency Declarations have made such additional seating and dining opportunities available to outdoor and sidewalk cafés by lifting certain city requirements related to street-level dining set forth under the City’s Unified Sustainable Development Ordinance (“USDO”), while also maintaining compliance with applicable federal and state law requirements under the American Disabilities Act and New York State Liquor Authority, respectively. Currently, the City’s Extended Patio & Outdoor Café Program is authorized under Emergency Order 315-5.75, issued by Mayor Sheehan on June 7, 2021, and which remains in effect for five days or until it is rescinded by the Mayor. In light of the rapidly changing circumstances presented by the COVID-19 public health crisis and the success in vaccination rates in New York State, on June 23, 2021, Governor Cuomo announced the imminent expiration of the COVID-19 State Disaster Emergency Declaration (Executive Order No. 202) on June 24, 2021. Effective June 25, 2021, and onward, it is appropriate for the City Common Council to use its authority as a duly-elected legislative body to extend a critical city program, such as the City’s Extended Patio & Outdoor Café Program, that was created in response to the global pandemic to alleviate the financial and operational challenges faced by businesses, and that will continue to serve a need and alleviate a significant burden on businesses and its patrons far beyond the expiration date of the public health state of emergency. This extension until October 4, 2021 allows the Common Council that is doing a comprehensive review of the USDO an opportunity to make modification to the USDO and review other proposals for this program. TIME FRAME FOR PASSAGE As soon as possible, to ensure that there is no gap, or as minimal as possible of a gap, in the continuation of the City’s Extended Patio & Outdoor Café Program on a permanent basis. FISCAL IMPACT(S) None. Council Member Anane introduced the following: RESOLUTION NUMBER 57.71.21R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY WHEREAS, the 26th of July is a nationally recognized and historic date in disability rights history, marking the signing of the Americans with Disabilities Act by President George H.W. Bush; WHEREAS, the Disability Community celebrates the Americans with Disabilities Act as the principal civil rights legislation protecting the rights of disabled people, and; WHEREAS, July 26th 2021 marks the thirty first anniversary of the signing of the Americans with Disabilities Act, and; WHEREAS, the City of Albany has a long, proud history of upholding human rights and promoting policies that protect our residents, environment, communities and way of life including the rights and welfare of disabled people; and WHEREAS, much more work needs to be done to ensure the full integration, independence, and civil rights of disabled people, who continue to be excluded from government programs, public accommodations and full access to transportation and communications on a regular basis, and WHEREAS, an estimated one in four people has a disability, and all people who live long enough will acquire a disability, and; WHEREAS, disabled people are valued members of society who deserve and have a right to freedom to live and participate in the community, and; WHEREAS, the Disability Community consists of people of all races, ethnicities, genders, sexual orientations, and ages, who celebrate our identities as such, and; WHEREAS, it is appropriate for this body to pause in its deliberations to recognize and celebrate the diversity of and contributions by the Disability Community to our beloved City, WHEREAS, it is also appropriate for this body to celebrate the 31st anniversary of the Americans with Disabilities Act; and NOW, THEREFORE BE IT RESOLVED that the Common Council of the City of Albany does hereby recognize and celebrate the 30th anniversary of the Americans with Disabilities Act and July 2021 as Disability Pride Month. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: June 23, 2021 SPONSOR Councilmember Anane RESOLUTION NUMBER 57.71.21R TITLE RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION This resolution commemorates the 31st anniversary of the passage of the Americans with Disabilities Act, a watershed moment and commitment to the basic civil & human rights of all people with disabilities. This resolution also celebrates July 2021 as Disability Pride Month in that the diversity of the Disability Community consists of people of all races, ethnicities, genders, sexual orientations, and ages. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW See body of resolution FISCAL IMPACT(S) None. COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION JULY 8, 2021 LOCAL LAWS N of 2021 A LOCAL LAW REPEALING CHAPTER 20 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) AND AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSION) TO ENACT A NEW PART 39 ENTITLED: “DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE” ORDINANCES 20.71.21 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFÉS RESOLUTIONS 57.71.21R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY Council Member Conti introduced the following: LOCAL LAW N A LOCAL LAW REPEALING CHAPTER 20 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) AND AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSION) TO ENACT A NEW PART 39 ENTITLED: “DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE” Section 1. Chapter 20 (Department of Buildings and Regulatory Compliance) of the Code of the City of Albany is REPEALED. Section 2. Chapter 42 (Departments and Commissions) of the Code of the City of Albany is amended to enact a new Part 39 to read as follows: Part 39. Department of Buildings and Regulatory Compliance Article L. General Provisions § 42-381. Creation of Department of Buildings and Regulatory Compliance. There is hereby created and established a Department of Buildings and Regulatory Compliance. § 42-382. Commissioner; qualifications; Deputy and Assistant Commissioners. There shall be appointed by the Mayor a Commissioner of Buildings and Regulatory Compliance, who shall be the head of the Department of Buildings and Regulatory Compliance and carry out the functions and duties thereof and shall meet the qualifications as provided in section 133-48.1 of this Code. The Commissioner shall appoint Deputy or Assistant Commissioners, who shall serve at the Commissioner's pleasure and serve in the Commissioner's absence. The Commissioner, Deputy and Assistant Commissioners are vested with the authority, direction and control over the Department, including the authority to appoint and remove employees of said Department. § 42-383. Commissioner; duties. In addition to the duties found in Chapter 133 of this Code, the Commissioner shall faithfully execute all laws and ordinances relative to the erection, construction, alteration or removal of buildings or other structures and see that the same are obeyed. He shall have power to make, adopt and enforce such reasonable rules and regulations, not inconsistent with law or the ordinances of the Common Council, as may be reasonably necessary to effect a prompt and efficient exercise of all the powers conferred and the performance of all duties imposed by law or ordinance upon him or the Department under his jurisdiction. He shall have power to establish and enforce such reasonable rules and regulations as may be necessary for the government of his Department and shall have general supervision over the records of the Department and its officers and employees. Said Commissioner shall have the power to enter into and examine buildings and structures, lots and enclosures of every description to see that all laws of the state and ordinances of the City and rules and regulations of his Department are fully enforced. He shall have full power and authority to pass upon and determine all questions arising under the provisions of law or ordinances relative to the plans, manner or method of construction or materials to be used in erecting, altering, repairing, equipping, furnishing or improving any building or structure or concerning the observance and maintenance of all proper and legal precautions against fire and for public safety in said City. He shall have full power and authority to order and compel the suspension of any work and prohibit the use of any material, machinery or equipment in violation of the provisions of law or the ordinances of said City and may make such tests as he may deem necessary to determine the safety of any building, structure, material, machinery or equipment which it becomes his duty to inspect. He shall have full power and authority to supervise and inspect such erection, construction or alteration and to require that such erection, construction or alteration and the manner and mode thereof and the materials used thereon shall conform to the several provisions of the laws, ordinances and rules and regulations relative thereto. § 42-384. Plans and specifications. All plans and specifications for the erection, construction or alteration of buildings or other structures shall be submitted to the Commissioner for his approval, and no building or other structure shall be erected, constructed or altered until the plans and specifications therefor shall have been approved and a permit issued for such erection, construction or alteration. No permit shall be required for the making of ordinary repairs of buildings or structures or of the plumbing, drainage, electrical wiring or gas piping thereof, but such repairs shall not be construed to include the cutting away of any stone or brick wall or any portion thereof, the removal or cutting of any beams or supports or the removal or closing of any staircase or the alteration of any house sewer or private sewer or drainage system. No change shall be made in the use or occupation of any existing building which will materially alter its character without the permission of the Commissioner and until said building has been reconstructed and modified to conform to the provisions of this chapter and the Building Code. § 42-385. Application to vary or modify rules. When the owner or lessee of any building or structure about to be erected, constructed or altered files with the Commissioner an application for the variation or modification of any rule or regulation or of any provision of law or ordinance relating to the erection, construction or alteration of buildings or other structures, he shall in such application fully set forth the grounds for the desired variation or modification. The plans and specifications for the proposed erection, construction or alteration shall accompany such application. The Commissioner shall fix a date within a reasonable time for hearing such application and as soon as practicable thereafter render a warrant decision thereon. Upon the hearing, the applicant may appear and be heard. The particulars of each such application and the decision thereon shall be entered in the records of the Department of Buildings and Regulatory Compliance, and in case the application is granted, a permit therefor shall be issued. § 42-386. Records. The Commissioner shall preserve a record of all plans and specifications and of all applications for his approval thereof concerning, affecting or relating to the erection, construction or alteration of buildings or other structures. Such record shall include the date of the filing of each such application; the name and address of the owner of the land on which the building or structure mentioned in such application is situated; the names and addresses of the architect and builder employed thereon; a designation of the premises sufficient to identify the same; and a statement of the nature and proposed use of such building or structure and a brief statement of the decision of the Commissioner upon such application and the date thereof. Such records shall be public records and shall be open to the inspection of the public. § 42-387. Right of appeal. Whenever the Commissioner shall reject or refuse to approve any plan or specification for or the mode or manner of construction proposed to be used in the erection, construction or alteration of any building or structure, or when it is claimed that the provisions of the Building Code or the provisions of any law or ordinance relative to the erection, construction or alteration of buildings or other structures do not apply, or when it is claimed that the true intent and meaning of said code, laws or ordinances have been misconstrued or improperly interpreted, the owner, or any person aggrieved, or any offices, Department, board or bureau of the City may appeal as hereinafter provided. § 42-388. Appeals procedure (Reserved). § 42-389. Proceeding to enforce law. The Commissioner is authorized, by and with the advice and consent of the Corporation Counsel, in the name of the City, to maintain actions to restrain the performance of any act contrary to, or in violation of, the rules and regulations of his department, laws and ordinances and to prohibit the use or occupation of any building or structure which has been or is being erected, constructed or altered in violation of the provisions of any law, ordinance or rule or regulation relative to the erection, construction or alteration of buildings or structures. In any such action, no undertaking shall be required. He may in like manner maintain actions for the recovery of penalties established by law or ordinance. § 42-390. Removal of buildings deemed to be nuisances. Every structure or part thereof erected or placed or permitted to continue contrary to the provisions of this chapter or the Building Code or Sanitary Code shall be deemed to be a common nuisance, and the Commissioner may order the same removed, and in case the owner thereof shall neglect or refuse to remove such structure or part thereof, the Commissioner may remove such structure or part thereof in accordance with Chapter 133 of this code at the expense of the owner or may cause the same to be abated in the same manner as other nuisances. Section 3. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. APPROVED AS TO FORM THIS 25TH DAY OF JUNE, 2021 ________________________________ Corporation Counsel TO: Danielle Gillespie, City Clerk FROM: Council Member Conti, 6th Ward RE: SUPPORTING MEMORANDUM DATE: June 23, 2021 Title: A LOCAL LAW REPEALING CHAPTER 20 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) AND AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSION) TO ENACT A NEW PART 39 ENTITLED: “DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE” Sponsor(s): Council Member Conti Purpose: To recodify the Building Department in Chapter 42 of the City Code and correct certain statutory inconsistencies that currently exist regarding the Chief Building Official. Summary: This proposal removes the Department of Buildings & Regulatory Compliance from its current location in Chapter 20 of the Code of the City of Albany, places it into Chapter 42 of the Code (Departments and Commissions), as indicated in sections 375-503(1)(c) and 375-602 of the USDO, and corrects the following inconsistencies that currently exist in the city code as to that position: 1) Section 20-2 states the Commissioner of Buildings and Regulatory Compliance shall meet the qualifications set forth in the Uniform Fire Prevention and Building Code. Current adopted versions of those codes do not set forth qualifications for the position; City Code section 133-48.1 sets forth qualifications. New section 42-382 includes the correct cross reference. 2) Section 20-10 (Removal of buildings deemed to be nuisances) contains language inconsistent with corresponding provisions in Chapter 133 (Building Construction), and inconsistent with N.Y. General City Law section 20(35). New section 42-389 includes the correct cross reference to Chapter 133. 3) Section 20-7 (New 42-387) creates a right of administrative appeal for non-zoning decisions made by the Commissioner of Buildings and Regulatory Compliance, “as hereinafter provided” but the following section, 20-8 (New 42-388), is reserved, with no administrative appeal mechanism provided for non-zoning decisions (zoning decisions made by the Director are appealable to the BZA). Rather than strike out entirely the right of appeal section, the proposed local law carries over the reserved section number if, in the future, the Council elects to create an administrative appeal mechanism for non-zoning decisions made by the Chief Building Official. Justification: The provisions included in this local law were originally drafted by the Law Department in 2017 and initially included in the ordinance adopting the USDO (Ord. 26.31.17). They were not included in the final version adopted by the Council with the intent that they would be discussed separately and adopted prior to the end of 2017, which did not happen. The adopted USDO ordinance assumes the recodification of the Building Department from Chapter 20 to Chapter 42 and includes cross references to provisions in Chapter 42 which do not currently exist [sections 375-503(1)(c) and 375-602]. The enactment of this local law is necessary to correct those cross references as well as to make the additional corrections. Fiscal Impact: None Effective Date: This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. Council Member Anane introduced the following: ORDINANCE 20.71.21 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFÉS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Paragraph (iv) (No outdoor cooking) of subdivision (l) (Sidewalk or outdoor café) of subsection (6) (Accessory uses) of section 375-303 (Use-specific standards) of Article III (Use Regulations) of Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) is hereby repealed. Section 2. Paragraph (v) (Sidewalk or outdoor cafés occupying a City property or right-of- way) of subdivision (l) (Sidewalk or outdoor café) of subsection (6) (Accessory uses) of section 375-303 (Use-specific standards) of Article III (Use Regulations) of Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) is hereby amended to read as follows: (v) (iv) For sidewalk or outdoor cafés occupying a City property or right-of-way: A. A revocable sidewalk privilege must be obtained pursuant to § 375-505(9), or, if the City has not yet implemented the revocable street privilege procedure, then a sidewalk cafe permit must be obtained pursuant to Chapter 303 of the City Code. B. All fixtures and furnishings must be of a temporary nature, and must be brought in and stored or stacked and secured during nonoperational hours. C. No objects, except a retractable awning and lighting fixtures, may be permanently attached to the exterior. D. All planters, railings and fences must be temporary and not exceed a height of four feet. E. No additional signage shall be permitted to be affixed to a cafe's temporary structures or accessories. F. A. Each business under this paragraph (iv) operating within outdoor space on public property must maintain At least four feet or 50% of the total clear along the sidewalk width, whichever is larger, shall remain free of all obstructions to allow for pedestrian passage. This measurement is made from the outermost point of the permanently affixed portion of the café to, at a maximum, a distance of four feet beyond the unobstructed inner edge of the curb, excluding brick or grass carpets, United States mailboxes, fire hydrants, bus shelters, and street trees, and other fixed objects. The Chief Planning Official or Corporation Counsel may require that a larger space be left unobstructed if necessary to accommodate anticipated pedestrian volume in that location, if necessary to ensure compliance with federal requirements and standards under the Americans with Disabilities Act and with state requirements and guidance issued by the New York State Liquor Authority relating to the Outdoor Expansion of Licensed Premises, or for any other purpose as deemed necessary by the Chief Planning Official or Corporation Counsel in furtherance of a legitimate government interest, such as protecting the public health, safety, and welfare of the City or its residents, or in furtherance of other such interests, such as pedestrian and traffic safety. G. The area shall be cleaned, kept refuse-free, and no large containers for trash shall be placed on the cafe premises. H. B. Public property shall not be altered in any way during the term of the revocable street privilege. At the expiration of the term of the permit, all City-owned property shall be returned to the City in good condition, except for damage by the elements. The Chief Planning Official or Corporation Counsel may require the property owner to obtain and maintain liability insurance protecting the City from loss or damage based on Corporation Counsel's evaluation of potential risk to the City. Section 3. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 25TH DAY OF JUNE, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Martha Mahoney, Esq., Assistant Corporation Counsel Council Member Anane Re: Request for Common Council Legislation Supporting Memorandum Date: June 25, 2021 SPONSOR Council Member Anane ORDINANCE 20.71.21 TITLE AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFÉS GENERAL PURPOSE OF LEGISLATION To make permanent the expansion of patio or outdoor seating opportunities made available to outdoor and sidewalk cafés in the City of Albany (“City”) under the City’s Extended Patio & Outdoor Café Program, a program designed to assist local eateries by providing safe and socially distanced dining options. The Extended Patio Program was initially established as a temporary program authorized under the Café Permit Expansion State of Emergency Declaration (Emergency Order 315-5) issued by Mayor Sheehan on June 5, 2020, and subsequently renewed thereafter, during the pendency of the COVID-19 public health crisis, pursuant to the Mayor’s authority under N.Y. Exec. Law § 24(1)(G)(i). The Café Permit Expansion State of Emergency Declarations have made such additional seating and dining opportunities available to outdoor and sidewalk cafés by lifting certain city requirements related to street-level dining set forth under the City’s Unified Sustainable Development Ordinance (“USDO”), while also maintaining compliance with applicable federal and state law requirements under the American Disabilities Act and New York State Liquor Authority, respectively. Currently, the City’s Extended Patio & Outdoor Café Program is authorized under Emergency Order 315-5.75, issued by Mayor Sheehan on June 7, 2021, and which remains in effect for five days or until it is rescinded by the Mayor. In light of the rapidly changing circumstances presented by the COVID-19 public health crisis and the success in vaccination rates in New York State, on June 23, 2021, Governor Cuomo announced the imminent expiration of the COVID-19 State Disaster Emergency Declaration (Executive Order No. 202) on June 24, 2021. Effective June 25, 2021, and onward, it is appropriate for the City Common Council to use its authority as a duly-elected legislative body to make permanent a critical city program, such as the City’s Extended Patio & Outdoor Café Program, that was created in response to the global pandemic to alleviate the financial and operational challenges faced by businesses, and that will continue to serve a need and alleviate a significant burden on businesses and its patrons far beyond the expiration date of the public health state of emergency. Making permanent the City’s Extended Patio & Outdoor Café Program is essential to the City’s ability to cope with and recover from the economic strain resulting from the unprecedented public health emergency presented by the COVID-19 pandemic. Consequently, it is advisable to continue the program by making the appropriate changes to the USDO, to permanently remove those provisions relating to the regulation of outdoor and sidewalk cafés that were suspended in the City’s Café Permit Expansion State of Emergency Declarations, and the suspensions of which made possible the City’s Extended Patio & Outdoor Café Program. TIME FRAME FOR PASSAGE As soon as possible, to ensure that there is no gap, or as minimal as possible of a gap, in the continuation of the City’s Extended Patio & Outdoor Café Program on a permanent basis. FISCAL IMPACT(S) None. Council Member Anane introduced the following: RESOLUTION NUMBER 57.71.21R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY WHEREAS, the 26th of July is a nationally recognized and historic date in disability rights history, marking the signing of the Americans with Disabilities Act by President George H.W. Bush; WHEREAS, the Disability Community celebrates the Americans with Disabilities Act as the principal civil rights legislation protecting the rights of disabled people, and; WHEREAS, July 26th 2021 marks the thirty first anniversary of the signing of the Americans with Disabilities Act, and; WHEREAS, the City of Albany has a long, proud history of upholding human rights and promoting policies that protect our residents, environment, communities and way of life including the rights and welfare of disabled people; and WHEREAS, much more work needs to be done to ensure the full integration, independence, and civil rights of disabled people, who continue to be excluded from government programs, public accommodations and full access to transportation and communications on a regular basis, and WHEREAS, an estimated one in four people has a disability, and all people who live long enough will acquire a disability, and; WHEREAS, disabled people are valued members of society who deserve and have a right to freedom to live and participate in the community, and; WHEREAS, the Disability Community consists of people of all races, ethnicities, genders, sexual orientations, and ages, who celebrate our identities as such, and; WHEREAS, it is appropriate for this body to pause in its deliberations to recognize and celebrate the diversity of and contributions by the Disability Community to our beloved City, WHEREAS, it is also appropriate for this body to celebrate the 31st anniversary of the Americans with Disabilities Act; and NOW, THEREFORE BE IT RESOLVED that the Common Council of the City of Albany does hereby recognize and celebrate the 30th anniversary of the Americans with Disabilities Act and July 2021 as Disability Pride Month. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: June 23, 2021 SPONSOR Councilmember Anane RESOLUTION NUMBER 57.71.21R TITLE RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION This resolution commemorates the 31st anniversary of the passage of the Americans with Disabilities Act, a watershed moment and commitment to the basic civil & human rights of all people with disabilities. This resolution also celebrates July 2021 as Disability Pride Month in that the diversity of the Disability Community consists of people of all races, ethnicities, genders, sexual orientations, and ages. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW See body of resolution FISCAL IMPACT(S) None. MINUTES OF A REGULAR MEETING MONDAY, JULY 8, 2021 The Common Council was convened at 7:00 p.m. and was called to order by President Ellis. This was an in person meeting which was streamed to the Common Council’s Facebook using Zoom as the meeting platform. If during the meeting technical difficulty was experienced the public was made aware that the meeting would be live-streamed o YouTube. The roll being called, the following answered to their names: Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, Raisi Mobele, Rick LaJoy, Robert Magee, and Martha Mahoney Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1. Darryl McGrath, 6 Irving St., Albany, NY –Emergency Parking and Contractor Permits 2. Marlon Anderson, 214 Lark St 2A, Albany, NY- City violence and leadership 3. David LaVoie, 12 Andriana Lane, Albany, NY – Building of a roundabout to control traffic near Northern Blvd and Van Rensselaer 4. Charles Robinson, 404 Livingston Ave. Albany, NY –General concerns regarding policing, lack of politicians keeping their word, access to guns in the community, distribution of COVID-19 funds to the various wards 5. Dr. Brenda Robinson, 266 Livingston Ave, Albany, NY –Purchase of lots in Arbor Hill 256 Livingston Ave and 23 Lark St. and the comments made regarding the sale of said lots. After the time period for public comment expired, the President declared the Public Comment Period closed. Approval of Minutes President Pro Tem Kimbrough made a motion to approve the minutes of June 21, 2021 meeting of the Council, which was duly seconded by Hoey, and APPROVED by unanimous voice vote. 1 CONSIDERATION OF LOCAL LAWS: Council member Conti noticed Local N of 2021 and requested it be held LOCAL LAW N OF 2021 LOCAL LAW N of 2021 A LOCAL LAW REPEALING CHAPTER 20 (DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE) AND AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSION) TO ENACT A NEW PART 39 ENTITLED: “DEPARTMENT OF BUILDINGS AND REGULATORY COMPLIANCE” Section 1. Chapter 20 (Department of Buildings and Regulatory Compliance) of the Code of the City of Albany is REPEALED. Section 2. Chapter 42 (Departments and Commissions) of the Code of the City of Albany is amended to enact a new Part 39 to read as follows: Part 39. Department of Buildings and Regulatory Compliance Article L. General Provisions § 42-381. Creation of Department of Buildings and Regulatory Compliance. There is hereby created and established a Department of Buildings and Regulatory Compliance. § 42-382. Commissioner; qualifications; Deputy and Assistant Commissioners. There shall be appointed by the Mayor a Commissioner of Buildings and Regulatory Compliance, who shall be the head of the Department of Buildings and Regulatory Compliance and carry out the functions and duties thereof and shall meet the qualifications as provided in section 133-48.1 of this Code. The Commissioner shall appoint Deputy or Assistant Commissioners, who shall serve at the Commissioner's pleasure and serve in the Commissioner's absence. The Commissioner, Deputy and Assistant Commissioners are vested with the authority, direction and control over the Department, including the authority to appoint and remove employees of said Department. § 42-383. Commissioner; duties. In addition to the duties found in Chapter 133 of this Code, the Commissioner shall faithfully execute all laws and ordinances relative to the erection, construction, alteration or removal of buildings or other structures and see that the same are obeyed. He shall have power to make, adopt and enforce such reasonable rules and regulations, not inconsistent with law or the ordinances of the Common Council, as may be reasonably necessary to effect a prompt and efficient exercise of all the powers conferred and the performance of all duties imposed by law or ordinance upon him or the Department under his jurisdiction. He shall have power to establish and enforce such reasonable rules and regulations as may be necessary for the government of his Department and shall have general supervision over the records of the Department and its officers and employees. Said Commissioner shall have the power to enter into and examine buildings and structures, lots and enclosures of every description to see that all laws of the state and ordinances of the City and rules and regulations of his Department are fully enforced. He shall have full power and authority to pass upon and determine all questions arising under the provisions of law or ordinances relative to the plans, manner or method of construction or materials to be used in erecting, altering, repairing, equipping, furnishing or improving any building or structure or concerning the observance and maintenance of all proper and legal 2 precautions against fire and for public safety in said City. He shall have full power and authority to order and compel the suspension of any work and prohibit the use of any material, machinery or equipment in violation of the provisions of law or the ordinances of said City and may make such tests as he may deem necessary to determine the safety of any building, structure, material, machinery or equipment which it becomes his duty to inspect. He shall have full power and authority to supervise and inspect such erection, construction or alteration and to require that such erection, construction or alteration and the manner and mode thereof and the materials used thereon shall conform to the several provisions of the laws, ordinances and rules and regulations relative thereto. § 42-384. Plans and specifications. All plans and specifications for the erection, construction or alteration of buildings or other structures shall be submitted to the Commissioner for his approval, and no building or other structure shall be erected, constructed or altered until the plans and specifications therefor shall have been approved and a permit issued for such erection, construction or alteration. No permit shall be required for the making of ordinary repairs of buildings or structures or of the plumbing, drainage, electrical wiring or gas piping thereof, but such repairs shall not be construed to include the cutting away of any stone or brick wall or any portion thereof, the removal or cutting of any beams or supports or the removal or closing of any staircase or the alteration of any house sewer or private sewer or drainage system. No change shall be made in the use or occupation of any existing building which will materially alter its character without the permission of the Commissioner and until said building has been reconstructed and modified to conform to the provisions of this chapter and the Building Code. § 42-385. Application to vary or modify rules. When the owner or lessee of any building or structure about to be erected, constructed or altered files with the Commissioner an application for the variation or modification of any rule or regulation or of any provision of law or ordinance relating to the erection, construction or alteration of buildings or other structures, he shall in such application fully set forth the grounds for the desired variation or modification. The plans and specifications for the proposed erection, construction or alteration shall accompany such application. The Commissioner shall fix a date within a reasonable time for hearing such application and as soon as practicable thereafter render a warrant decision thereon. Upon the hearing, the applicant may appear and be heard. The particulars of each such application and the decision thereon shall be entered in the records of the Department of Buildings and Regulatory Compliance, and in case the application is granted, a permit therefor shall be issued. § 42-386. Records. The Commissioner shall preserve a record of all plans and specifications and of all applications for his approval thereof concerning, affecting or relating to the erection, construction or alteration of buildings or other structures. Such record shall include the date of the filing of each such application; the name and address of the owner of the land on which the building or structure mentioned in such application is situated; the names and addresses of the architect and builder employed thereon; a designation of the premises sufficient to identify the same; and a statement of the nature and proposed use of such building or structure and a brief statement of the decision of the Commissioner upon such application and the date thereof. Such records shall be public records and shall be open to the inspection of the public. § 42-387. Right of appeal. Whenever the Commissioner shall reject or refuse to approve any plan or specification for or the mode or manner of construction proposed to be used in the erection, construction or alteration of any building or structure, or when it is claimed that the provisions of the Building Code or the provisions of any law or ordinance relative to the erection, construction or alteration of buildings or other structures do not apply, or 3 when it is claimed that the true intent and meaning of said code, laws or ordinances have been misconstrued or improperly interpreted, the owner, or any person aggrieved, or any offices, Department, board or bureau of the City may appeal as hereinafter provided. § 42-388. Appeals procedure (Reserved). § 42-389. Proceeding to enforce law. The Commissioner is authorized, by and with the advice and consent of the Corporation Counsel, in the name of the City, to maintain actions to restrain the performance of any act contrary to, or in violation of, the rules and regulations of his department, laws and ordinances and to prohibit the use or occupation of any building or structure which has been or is being erected, constructed or altered in violation of the provisions of any law, ordinance or rule or regulation relative to the erection, construction or alteration of buildings or structures. In any such action, no undertaking shall be required. He may in like manner maintain actions for the recovery of penalties established by law or ordinance. § 42-390. Removal of buildings deemed to be nuisances. Every structure or part thereof erected or placed or permitted to continue contrary to the provisions of this chapter or the Building Code or Sanitary Code shall be deemed to be a common nuisance, and the Commissioner may order the same removed, and in case the owner thereof shall neglect or refuse to remove such structure or part thereof, the Commissioner may remove such structure or part thereof in accordance with Chapter 133 of this code at the expense of the owner or may cause the same to be abated in the same manner as other nuisances. Section 3. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. After its introduction Local Law N of 2021 was held for aging and will be acted on during the July 19, 2021 meeting. Council member Anane noticed Local Law H of 2021 As Amended 6/14/2021 (LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICE OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE) as follows, asked for passage and a roll call vote thereon: The following member(s) spoke before passage: Anane There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: *Local Law H of 2021 As Amended June 14, 2021 was co-sponsored by Council Members: Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 4 Council member Balarin noticed Local Law F of 2021 As Amended July 8, 2021 and requested it be held for appropriate age LOCAL LAW F OF 2021 (As Amended 07/08/2021) LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF CHAPTER 30 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article XXII (Rules of Practice of the City Court of Albany) of Part 2 (City Court Act) of Chapter 30 (Courts and Legal Procedures) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended by adding a Section 30-323, to read as follows: §30-323 Special rules for eviction proceeding Filing of Residential Occupancy Permit Required. No action for eviction may be commenced without the Petitioner’s having submitted to the Court a copy of the most recently-issued Residential Occupancy Permit issued according to Part 4 of Chapter 231 of this Code for the rental dwelling unit of which the Petitioner is seeking possession or an allegation that deregistration and suspension of said Residential Occupancy permit was done in violation of this Chapter. Section 2. Part 2 (City Court Act) of Chapter 30 (Courts and Legal Procedures) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended by adding an Article XXIII, entitled “Prohibition of Eviction Without Good Cause,” to read as follows: Article XIII Prohibition of Eviction Without Good Cause § 30-324 Short Title. This article shall be cited as the “Prohibition of Eviction Without Good Cause Law.” §30-325 Definitions. A. The term “housing accommodation,” as used in this article, shall mean any residential premises located in the City of Albany. B. The term “landlord,” as used in this article, shall mean any owner, lessor, sublessor, assignor, or other person receiving or entitled to receive rent for the occupancy of any housing accommodation or an agent of any of the foregoing. C. The term “tenant” as used in this article shall mean a tenant, sub-tenant, lessee, sublessee, assignee, manufactured home tenant as defined in paragraph one of subsection (A) of section two hundred thirty-three of the NYS Real Property Actions and Proceedings Law, an occupant of a rooming house or hotel as defined in section seven hundred eleven of the Real Property Actions and Proceedings Law or any other person entitled to the possession, use or occupancy of any housing accommodation. D. The term “rent” as used in this article shall mean any consideration, including any bonus, benefit or gratuity demanded or received for or in connection with the possession, use or 5 occupancy of housing accommodations or the execution or transfer of a lease for such housing accommodations. E. The term “disabled person” as used in this article shall be applied according to the definition set forth at NY Public Housing Law §14(4)(c)(iii). § 30-326 Applicability. This article shall apply to all housing accommodations except: A. Owner-occupied premises with four or less units; B. Premises sublet pursuant to section two hundred twenty-six-b of the Real Property Law or otherwise, where the sublessor seeks in good faith to recover possession of such housing accommodation for their own personal use and occupancy; C. Premises where the possession, use or occupancy of which is solely incident to employment and such employment is being lawfully terminated; and D. Premises otherwise subject to regulation of rents or evictions pursuant to state or federal law to the extent that such state or federal law requires “good cause” for termination or non- renewal of such tenancies. § 30-327 Necessity for good cause. No landlord shall, by action to evict or to recover possession, by exclusion from possession, by failure to renew any lease, or otherwise, remove any tenant from housing accommodation except for good cause as defined in section three hundred twenty-eight of this article. § 30-328 Grounds for removal of tenants A. No landlord shall remove a tenant from any housing accommodation, or attempt such removal or exclusion from possession, notwithstanding that the tenant has no written lease or that the lease or other rental agreement has expired or otherwise terminated, except upon order of a court of competent jurisdiction entered in an appropriate judicial action or proceeding in which the petitioner or plaintiff has established one of the following grounds as good cause for removal or eviction: (1) The tenant has failed to pay rent due and owing, provided, however, that the rent due and owing, or any part thereof, did not result from a rent increase or pattern of rent increases which, regardless of the tenant's prior consent, if any, is unconscionable or imposed for the purpose of circumventing the intent of this article. In determining whether all or part of the rent due and owing is the result of an unconscionable rent increase or pattern of rent increases, the Court may consider, among other factors, i) the rate of the increase relative to the tenant’s ability to afford said increase, ii) improvements made to the subject unit or common areas serving said unit, iii) whether the increase was precipitated by the tenant engaging in the activity described at section 223-b (1(a)-(c) of the Real Property Actions and Proceedings Law, iv) significant market changes relevant to the subject unit, and v) the condition of the unit or common areas serving the unit, and it shall be a rebuttable presumption that the rent for a 6 dwelling not protected by rent regulation is unconscionable or imposed for the purpose of circumventing the intent of this article if said rent has been increased in any calendar year by a percentage exceeding five percent; (2) The tenant is violating a reasonable obligation of their tenancy, other than the obligation to surrender possession, and has failed to cure such violation after written notice that the violation cease within ten days of receipt of such written notice, provided however, that the obligation of tenancy for which violation is claimed was not imposed for the purpose of circumventing the intent of this article; (3) The tenant is committing or permitting a nuisance in such housing accommodation, or is maliciously or by reason of negligence damaging the housing accommodation; or the tenant's conduct, including but not limited, smoking inside the residential unit where smoking inside the residential unit has been prohibited by the landlord and such prohibition has been communicated to the tenant, failing to dispose of waste created by the tenant’s pet(s) from the property on which the residential unit is located in accordance with relevant laws, and causing the accumulation of excessive rubbish and/or garbage in the residential unit and common areas, is such as to interfere with the comfort of the landlord or other tenants or occupants of the same or adjacent buildings or structures; (4) Occupancy of the housing accommodation by the tenant is in violation of or causes a violation of law and the landlord is subject to civil or criminal penalties therefor; provided however that the City of Albany or other qualified governmental entity has issued an order requiring the tenant to vacate the housing accommodation. No tenant shall be removed from possession of a housing accommodation on such ground unless the court finds that the cure of the violation of law requires the removal of the tenant and that the landlord did not, through neglect or deliberate action or failure to act, create the condition necessitating the order to vacate. In instances where the landlord does not undertake to cure conditions of the housing accommodation causing such violation of the law, the tenant shall have the right to pay or secure payment in a manner satisfactory to the court, to cure such violation provided that any tenant expenditures shall be applied against rent to which the landlord is entitled. In instances where removal of a tenant is absolutely essential to their health and safety, the removal of the tenant shall be without prejudice to any leasehold interest or other right of occupancy the tenant may have and the tenant shall be entitled to resume possession at such time as the dangerous conditions have been removed. Nothing herein shall abrogate or otherwise limit the right of a tenant to bring an action for monetary damages against the landlord to compel compliance by the landlord with all applicable laws; (5) The tenant is using or permitting the housing accommodation to be used for an illegal purpose; (6) The tenant has unreasonably refused the landlord access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or for the purpose of showing the housing accommodation to a prospective purchaser, mortgagee, or other person having a legitimate interest therein; 7 (7) The landlord seeks in good faith to recover possession of a housing accommodation located in a building containing fewer than twelve units because of immediate and compelling necessity for their own personal use and occupancy as their principal residence, or the personal use and occupancy as principal residence of their partner, spouse, parent, child, stepchild, father-in-law or mother-in-law, when no other suitable housing accommodation in such building is available. This paragraph shall permit recovery of only one housing accommodation and shall not apply to a housing accommodation occupied by a tenant who is sixty-two years of age or older or who is a disabled person; (8) The landlord seeks in good faith to recover possession of any or all housing accommodations located in a building with less than five units to personally occupy such housing accommodations as their principal residence; (9) The owner-landlord has in good faith entered into a contract for the sale of the housing accommodation and such contract requires that the housing accommodation be transferred free and clear of any and all residential tenancy obligations as a condition of such sale where the owner-landlord has no shared financial or other interest with the potential buyer other than the sale of the housing accommodation in question and submitted sufficient proof to the court thereof (10) Where the tenant has refused in bad faith to enter into a written lease which has been offered in good faith to the tenant by the landlord, subject to the following. (a) The proposed written lease must have been offered to the tenant in writing on at least two occasions at least two weeks apart, which such written offer to include, (i) an original and one copy of the proposed written lease, executed by the landlord or their designee; (ii) notice of the landlord’s intention to pursue eviction within 120 days pursuant to this article if the tenant rejects the proposed written lease and/or does not enter into said lease within forty-five days of the initial offer; (iii) clear instructions to the tenant concerning the manner in which the tenant is to communicate to the landlord acceptance or rejection of the written lease; and (iv) Notice of any proposed increase equal to or greater than 5% shall be provided in compliance with RPL sect 226-C (b) the proposed written lease shall not supersede an existing, active lease to which the landlord and the tenant are parties; (c) The terms of the proposed written lease may not; (i) be unconscionable and/or mandate or proscribe activities not rationally related to the regulation of activities which would create a nuisance at the property or cause 8 discomfort to the tenants or occupants of the same or adjacent buildings or structures as described at section A(3) above; or (ii) substantially alter the terms any of any existing lease; (d) the proposed written lease shall not be offered for the purposes of circumventing this article; (e) the tenant shall be entitled to dismissal of any eviction petition brought for the tenant’s refusal to enter into a lease according to these terms if (i) the tenant consents to enter into the proposed written lease presented in the first offer pursuant to subsection 10(a) at any time prior to the execution of the warrant of eviction regardless of landlord’s willingness to accept said consent at the time it is communicated; and/or (ii) prior to the commencement of the eviction proceeding the tenant attempted in good faith to negotiate the terms of the proposed written lease and that the landlord refused in bad faith to engage in such negotiation; and/or (iii) the tenant’s failure to enter into the proposed written lease was due to a good faith failure to comprehend the terms of the proposed written lease; (iv) the tenant is a victim of domestic violence as defined by NY Social Service Law §459-A and is unable to safely enter into the proposed written lease due to good faith concerns for the tenant’s personal safety; and/or (v) the proposed written lease includes an increase in rent or increase in the tenant’s responsibility for recurring payments associated with the tenancy which is unconscionable or imposed for the purposes of circumventing the intent of this article per subsection (A)(1), above (f) that any proceeding for eviction pursuant to this subsection shall have been commenced within 120 days of the proposed written lease first having been offered to the tenant B. A tenant required to surrender a housing accommodation by virtue of the operation of paragraph (7), (8), or (9) of subsection A of this section shall have a cause of action in any court of competent jurisdiction for damages, declaratory, and injunctive relief against a landlord or purchaser of the premises who makes a fraudulent statement regarding a proposed use of the housing accommodation. In any action or proceeding brought pursuant to this provision a prevailing tenant shall be entitled to recovery of actual damages, and reasonable attorneys' fees. C. Nothing in this section shall abrogate or limit the tenant's right, pursuant to section seven hundred fifty-one of the Real Property Actions and Proceedings Law, to permanently stay the issuance or execution of a warrant or eviction in a summary proceeding, whether characterized as a nonpayment, objectionable tenancy, or holdover proceeding, the underlying basis of 9 which is the nonpayment of rent, so long as the tenant complies with the procedural requirements of section seven hundred fifty-one of the Real Property Actions and Proceedings Law. § 30-329 Preservation of existing requirements of law. No action shall be maintainable and no judgment of possession shall be entered for housing accommodations pursuant to this article, unless the landlord has complied with any and all applicable laws governing such action or proceeding and has complied with any and all applicable laws governing notice to tenants including, without limitation, the manner and the time of service of such notice and the contents of such notice. Nothing in this article shall preclude individuals from the voluntary dissolution of a lease agreement on such permissible terms as both parties may agree to, though such agreement may not provide a basis for the issuance of a warrant of eviction or provide the Albany City Court with authority to intervene in such voluntary dissolutions entered into outside of and not properly brought before the Albany City Court’s jurisdiction. § 30-330 Waiver of rights void. Any agreement by a tenant heretofore or hereinafter entered into in a written lease or other rental agreement waiving or modifying their rights as set forth in this article shall be void as contrary to public policy. § 30-331 Severability. If any provision of this act, or any application of any provision of this article, is held to be invalid, that shall not affect the validity or effectiveness of any other provision of this act, or of any other application of any provision of this article, which can be given effect without that provision or application; and to that end, the provisions and applications of this article are severable. Section 3. This local law shall take effect ninety days after final passage, public hearing and filing with the Secretary of State. Local Law F as amended was held for further consideration. Council member Anane noticed Local Law G of 2021 (LOCAL LAW AMENDING ARTICLE IX (BUILDING CONSTRUCTION & REGULATION) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE POWER OF THE CHIEF BUILDING OFFICIAL TO ACT IN EMERGENCIES) as follows, asked for passage and a roll call vote thereon: The following member(s) spoke before passage: Conti There being no further discussion, President Ellis called for a roll call vote thereon and the Resolution was ADOPTED: *Local Law G of 2021 was co-sponsored by Council Members: Anane, Balarin, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson The motion passed by the following vote of all Council Members present voting in favor thereof: 10 Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Parks, Recreation and Family Services: Chair Flynn discussed that the committee met on June 23, 2021 to discuss Resolution 49.52.21R(MC)-Lights in the Park- which remained in committee, further consideration of the resolution will be happen at the July 27, 2021 meeting. The chair anticipates participation from APD, 6th Ward Residents, and the Department of General Services Planning, Land Use and Economic Development Committee: Chair Fahey discussed that the committee continues to meet to discuss revisions to the USDO and the committee did a full Council presentation during the June 30, 2021 Common Council Caucus/ Work Session. The next meeting will be July 20th for a continuation of discussion of the USDO. Law, Buildings and Code Enforcement: Chair Igoe discussed that the committee met on June 28, 2021 to take up Local Law F of 2021 which was reported out of committee without a recommendation. Public Safety Committee: Chair Kimbrough discussed the upcoming July 13, 2021 meeting of the committee to discuss Local Laws L and M of 2021. CONSIDERATION OF ORDINANCES Council member noticed the introduction of Ordinance 20.71.21 President Pro Temp Kimbrough made a motion that this ordinance be taken up and passed by unanimous consent, which was approved unanimously by voice vote Council Member Anane introduced the following, which was approved: ORDINANCE 20.71.21 (UC) AN ORDINANCE TEMPORARILLY SUSPENDING CERTAIN PROVISIONS OF CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE REGULATION OF SIDEWALK OR OUTDOOR CAFES IN ORDER TO ALLOW CONTINUATION OF THE EXTENDED PATIO AND OUTDOOR SEATING PROGRAM The City of Albany in Common Council convened, does hereby ordain and enact: Section 1. Findings and Intent. The Common Council finds that as a result of the COVID-19 Pandemic, the Extended Patio and Outdoor Seating Program was initially established as a temporary 11 program authorized under the Café Permit Expansion State of Emergency Declaration (Emergency Order 315-5) issued by Mayor Sheehan on June 5, 2020 and subsequently renewed thereafter, during the pendency of the COVID-19 public health crisis, pursuant to the Mayor’s authority under N.Y. Exec. Law § 24(1)(G)(i). The Café Permit Expansion State of Emergency Declarations have made such additional seating and dining opportunities available to outdoor and sidewalk cafés by lifting certain city requirements related to street-level dining set forth under Chapter 375 of the Code of the City of Albany’s Unified Sustainable Development Ordinance (USDO), while also maintaining compliance with applicable federal and state law requirements under the Americans with Disabilities Act (ADA) and by the New York State Liquor Authority, respectively. Currently, the City’s Extended Patio and Outdoor Café Program is authorized under Emergency Order 315-5.75, issued by Mayor Sheehan on June 7, 2021, and which remains in effect for five days or until it is rescinded by the Mayor. In light of the rapidly changing circumstances presented by the COVID-19 public health crisis and the success in vaccination rates in New York State, on June 23, 2021, Governor Cuomo announced the imminent expiration of the COVID-19 State Disaster Emergency Declaration (Executive Order No. 202) on June 24, 2021. The Common Council further finds that this program has been beneficial to those establishments taking advantage of it and the expansion of outdoor dining has been widely popular with the public. Effective June 25, 2021, and onward, it is appropriate for the Common Council to use its authority as a duly-elected legislative body to continue this program, that was created in response to the global pandemic to alleviate the financial and operational challenges faced by businesses, and that will continue to serve a need and alleviate a significant burden on businesses and its patrons beyond the expiration date of the public health state of emergency. The Common Council further finds that the Council, in coordination with the Department of Development and Planning, is currently undertaking a mandated comprehensive review of the USDO and considering various modifications and amendments thereto including to those provisions related to sidewalk and outdoor cafes, with the intent that the full Common Council will take action of these proposals before the end of the year. The Council therefore finds it appropriate to continue on a temporary basis the suspension under Emergency Order 315-5.75 of those provisions of the USDO related to the Extended Patio and Outdoor Seating Program while longer term permanent revisions to the USDO, including sidewalk and outdoor cafes, are considered as part of the comprehensive review. Section 2. Notwithstanding any inconsistent provision of the Code of the City of Albany, the Common Council hereby suspends those provisions of Chapter 375 of such code, constituting the Unified Sustainable Development Ordinance (USDO), related to the authorization of sidewalk and outdoor cafes, which were otherwise suspended pursuant to Emergency Order 315-5.75 issued by Mayor Sheehan on June 7, 2021 to the extent necessary to continue the Extended Patio and Outdoor Seating Program as currently in effect as of the effective date of this ordinance, and incorporates by reference, the express requirement under Emergency Order 315-5.75 that each business operating within outdoor space on public property must maintain four feet clear along the sidewalk for pedestrian passage. Section 3. This ordinance shall take effect immediately and shall be deemed to have been in effect on and after July 7, 2021 and shall expire and be of no further force or effect on and after October 4, 2021. There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: 12 The following member(s) spoke before passage: Anane, Conti, and Balarin *Ordinance 20.71.21 was co-sponsored by Council Members: Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council member Kimbrough noticed Ordinance 11.32.21 (AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO AUMAND RESTORATIONS, LLC OF 948 BROADWAY (Tax Map Parcel Number 65.16-1-32)) as follows, asked for passage and a roll call vote thereon: There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council member Love noticed Ordinance 12.51.21 (AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE TO BRENDA ROBINSON OF 256 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-16) AND 258 LIVINGSTON AVENUE (Tax Map Parcel Number 65.65-5-15)) as follows, asked for passage and a roll call vote thereon: The following member(s) spoke before passage: Love, Balarin, and Anane. Robinson indicated that he would recuse himself from the vote on this ordinance. *Ordinance 12.51.21 was co-sponsored by Council Members: Anane, Balarin, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Abstaining- Robinson Affirmative 13 Negative 0 Abstain 1 Council member Love noticed Ordinance 14.52.21 (AN ORDINANCE AUTHORIZING THE SALE TO BURKE COMMUNITY SERVICE CORPORATION OF A PORTION OF THE CITY- 13 OWNED DELAWARE PAPER STREET AND A PORTION OF THE CITY-OWNED ALEXANDER PAPER STREET) as follows, asked for passage and a roll call vote thereon: Robinson indicated that he would be recusing himself and would not vote on this ordinance *Ordinance 14.52.21 was co-sponsored by Council Members: Anane and Balarin There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Abstaining- Robinson Affirmative 13 Negative 0 Abstain 1 Council member Love noticed Ordinance 16.52.21 (AN ORDINANCE AUTHORIZING THE SALE TO DR. BRENDA ROBINSON OF THE CITY-OWNED PROPERTY LOCATED AT 23 LARK STREET (Tax Map Parcel Number 65.65-5-19) as follows, asked for passage and a roll call vote thereon: Robinson indicated that he would recuse himself from the vote on this ordinance. *Ordinance 16.52.21 was co-sponsored by Council Members: Anane, Balarin, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and O’Brien Abstention- Robinson Affirmative 13 Negative 0 Abstain 1 Council member Fahey noticed Ordinance 17.61.21 (AN ORDINANCE AMENDING ARTICLE VA (NOTICE OF VIOLATION) OF CHAPTER 313 (SOLID WASTE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SHORTENING THE COMPLIANCE PERIOD FOR CODE VIOLATIONS RELATED TO HEALTH AND SAFETY) as follows, asked for passage and a roll call vote thereon: The following member(s) spoke before passage: Fahey and Anane *Ordinance 17.61.21 was co-sponsored by Council Members: Balarin, Conti, Doesschate, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien, and Robinson 14 There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council member Kimbrough noticed Ordinance 19.61.21 (AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO 1053 BREWING, LLC OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF BRIDGE STREET FOR THE CONSTRUCTION AND MAINTENANCE OF AN ADA COMPLIANT RAMP AND DECK AT DRUTHERS BREWING COMPANY)as follows, asked for passage and a roll call vote thereon: *Ordinance 19.61.21 was co-sponsored by Council Member(s): Anane There being no further discussion, President Ellis called for a roll call vote thereon and the Ordinance was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the remaining Ordinances on the pending agenda. CONSIDERATION OF RESOLUTIONS Council Member Anane, noticed the introduction of Resolution 57.71.21R as follows, which was introduced and adopted by a voice vote: RESOLUTION NUMBER 57.71.21R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING AND CELEBRATING THE 31ST ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, JULY AS DISABILITY PRIDE MONTH IN THE CITY OF ALBANY WHEREAS, the 26th of July is a nationally recognized and historic date in disability rights history, marking the signing of the Americans with Disabilities Act by President George H.W. Bush; WHEREAS, the Disability Community celebrates the Americans with Disabilities Act as the principal civil rights legislation protecting the rights of disabled people, and; WHEREAS, July 26th 2021 marks the thirty first anniversary of the signing of the Americans with Disabilities Act, and; WHEREAS, the City of Albany has a long, proud history of upholding human rights and promoting policies that protect our residents, environment, communities and way of life including the rights and welfare of disabled people; and 15 WHEREAS, much more work needs to be done to ensure the full integration, independence, and civil rights of disabled people, who continue to be excluded from government programs, public accommodations and full access to transportation and communications on a regular basis, and WHEREAS, an estimated one in four people has a disability, and all people who live long enough will acquire a disability, and; WHEREAS, disabled people are valued members of society who deserve and have a right to freedom to live and participate in the community, and; WHEREAS, the Disability Community consists of people of all races, ethnicities, genders, sexual orientations, and ages, who celebrate our identities as such, and; WHEREAS, it is appropriate for this body to pause in its deliberations to recognize and celebrate the diversity of and contributions by the Disability Community to our beloved City, WHEREAS, it is also appropriate for this body to celebrate the 31st anniversary of the Americans with Disabilities Act; and NOW, THEREFORE BE IT RESOLVED that the Common Council of the City of Albany does hereby recognize and celebrate the 30th anniversary of the Americans with Disabilities Act and July 2021 as Disability Pride Month. The following member(s) spoke before passage: Anane, Conti, Hoey, and Fahey *Resolution 57.71.21R was co-sponsored by Council Member(s): Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoe, Igoe, Kimbrough, O’Brien, and Robinson There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Temp Kimbrough made a motion to add resolution 58.71.21R by majority consent, for consideration. The motion was seconded by O’Brien and adopted by voice vote for the following: Council Member O’Brien noticed Resolution 58.71.21R (MC) and asked for a roll call vote as follows, which was approved and adopted by a voice vote: RESOLUTION NUMBER 58.71.21R (MC) A RESOLUTION OF THE COMMON COUNCIL APPROVING THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FOR THE COMMON COUNCIL CHAMBERS AND 16 ALLOCATING MONIES FOR INSTALLATION AND TRAINING SERVICES ON SAID EQUIPMENT WHEREAS, the City of Albany entered into a Franchise Renewal Agreement (hereinafter referred to as the “Franchise Agreement”) with Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable; and WHEREAS, pursuant to Section 10 of the Franchise Agreement, Time Warner Cable provided to the City of Albany funding exclusively for the purchase of equipment to meet the overall goals and needs of the Public, Educational and Government Access Oversight Board; and WHEREAS, the City of Albany posted a Request for Proposals (“RFP”) dated January 11, 2021, and numbered RFP 2021-02, for the purchase of audio-visual equipment as well as the installation and training services on said equipment; WHEREAS, Tech Solutions, LLC, submitted a Proposal dated February 24, 2021, and an amended Proposal dated July 1, 2021; and WHEREAS, the City of Albany accepts Tech Solutions, LLC’s amended Proposal, NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the use of the funding from the Franchise Agreement to cover the purchase of the equipment, in the amount of fifty eight thousand eight hundred thirty dollars and thirty-nine cents ($58,830.39); further consents transfer of funds to cover the installation and training services costs (hereinafter referred to as “labor costs”) in the amount of seventeen thousand two hundred and thirty- four dollars ($17,234.00); and further consents to an total payment in the amount of seventy-six thousand sixty-four dollars and thirty-nine cents ($67,064.39) which will cover costs to purchase the equipment as well as the labor costs. The following Council Member(s) spoke prior to passage: O’Brien There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED: * Resolution 58.71.21R (MC) was co-sponsored by All Council Members Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, and Robinson Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Love noticed Resolution 44.51.21R as amended and asked for a roll call vote as follows, which was approved and adopted by a voice vote: RESOLUTION NUMBER 44.51.21R (As Amended 07/02/2021) 17 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF JEANETTE DOWDELL GARLAND & BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN THEIR HONOR WHEREAS, Benjamin G. Garland and Jeanette Dowdell Garland have been staples in the Arbor Hill Neighborhood; and WHEREAS Benjamin G. Garland is the nephew of the late Benjamin H. Garland Sr and James Clifford Garland. Benjamin H. Garland Sr. and James Clifford Garland migrated north from DeKalb, Texas. Both brothers attended historically Black colleges with Benjamin H. attending and matriculating at Hampton Institute and James (“Doc”) matriculating at Fisk University; and WHEREAS, both brothers developed an interest in the funerary business and graduated with degrees in Mortuary Sciences one graduating from the New England School of Mortuary Science in Boston, Massachusetts and the other completing his studies at Worsham School of Mortuary Science in Chicago, Illinois. This was the beginning of the Garland Brothers Funeral homes of Albany and Syracuse; and WHEREAS, the Garland brothers belief in community activism and their commitment to advancing, advocating, and highlighting issues faced by the African American Community locally was passed on to Benjamin G. Garland; and WHEREAS, The Garland Brothers Funeral Home, located on Clinton Avenue in Arbor Hill, is a fixture that has provided and continues to provide many services to the people and the community; and WHEREAS, Benjamin G. Garland studied under the tutelage of Dr. Charlotte Hawkins Brown at Palmer Memorial Institute in Sedalia, North Carolina and graduated from the American Academy McAllister Institute of Funeral Services. He also apprenticed under his uncle and was employed at the Albany Medical Center Morgue and the United States Postal Service prior to assuming control over the Albany branch of Garland Brothers Funeral Home; WHEREAS, Jeanette Dowdell Garland (affectionately known as Mom to her children, grandchildren and great-grandchildren, and Mama G to All) entered eternal rest on May 29, 2021. Jeanette was always looking out for the youth in her immediate neighborhood. She was always straightening hair for neighborhood children and pierced their ears as she did for her own children, younger sisters, and nieces; and WHEREAS, She was educated in the Albany City School District. She obtained her Associate Degree in Mortuary Science from Hudson Valley Community College in Troy, New York. Upon completion, she functioned as a partner in the business assisting her husband in the consolation of grief- stricken families within the African American community. In addition to performing administrative functions in the office, she prepared the makeup and attire on the dearly departed; and WHEREAS, Jeanette volunteered for numerous civic and charitable community-based initiatives for the betterment of the African American experience in the Capital District Area. She helped Reverend Surgick, Reverend Roland, and Reverend Bailey secure scholarships for inner city youth to attend Camp Thatcher. She also participated in the beautification of the City of Albany Initiative in collaboration with Mrs. Erastus Corning and Sara Logan. She was a founding member of the inner-city coalition for the Albany County Democratic Party Committee. Additionally, Jeanette volunteered at the Albany Girls Club Inc. and The Grandmothers for Charter Schools. She participated in various events, school board meetings, common council meetings, marches, holiday parties and provided all the supplies and materials needed to make The Grandma’s holiday wreaths. She also canvassed for the opening of Green Tech High Charter School for Boys; and WHEREAS, Jeanette has spent a lifetime of giving to others to improving the quality of life for the African American community, as well as the entire City of Albany. For her lifetime of service, she has received the following Awards: Women of Color Cancer Support group, (Caregiver award), South End (Community award), Frank Chapman Memorial Institute Inc. Mothers of Pearl award, Black Family (community award) 18 Albany Links, and The Albany City Common Council Black History Award presented by Corey Ellis, Women of Color Omega Psi Phi Fraternity Award, presented by Michael Logan; and WHEREAS, Jeanette fostered several children, including a Haitian student who was facing deportation. As a result of her intervention, the student was able to remain in the United States and successfully continue her education and is now a practicing physician’s assistant; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany thanks Jeannette Dowdell Garland and Benjamin G. Garland for their commitment to the community, their years of service, and their dedication to the funerary business; and BE IT FINALLY RESOLVED, that a portion of Clinton Avenue between Hawk Street and Ludlow Alley at the intersection of Clinton Avenue and Hawk Street, shall be renamed “Jeanette and Benjamin Garland Way” in their Honor. Prior to the passage of this resolution, President Pro Temp asked that the legislation be passed by unanimous consent. The following Council Member(s) spoke prior to passage: Love and Johnson There being no further discussion, President Ellis called for a voice vote thereon and the Resolution was ADOPTED and passed unanimously: * Resolution 44.51.21R was co-sponsored by All Council Members Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien, and Robinson Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 President Pro Tem Kimbrough held the pending Resolutions on the agenda for further consideration COMMISSIONER OF DEEDS NONE MISCELLANEOUS AND UNFINISHED BUSINESS Council Member Igoe spoke about the article in the newspaper regarding the tree study in the City of Albany, New York. He also spoke about another council persons decision to continue holding a piece of legislation until the full council was present. Council Member Robinson spoke about the sidewalks in the City of Albany and speeding in the streets which poses a hazard to city residents. Council Member Doesschate responded to Council Member Igoe’s concern over her decision to continue to hold Local Law C and shared her frustration. 19 Council Member Conti responded to Robinson’s concern regarding speeding motorists in the City of Albany. He discussed adjusting the minimum speed limit in the City of Albany similar to what New York City has done. He also discussed employing speed humps to slow down traffic. Council Member O’Brien spoke regarding the lack of sidewalks in his ward. Council Member Hoey talked about speeding enforcement and the lack of the traffic division group. He also talked about how unsafe crosswalks have become for pedestrians. Council Member Balarin spoke about the speeding concern and his commitment to making sure all parties are heard regarding Local Law F of 2021. Council Member Johnson spoke about his happiness at returning to the Chambers and how the speeding is a result of the removal of a traffic department. He also spoke about how our expectation of policing and enforcement has decreased and his continued concern regarding quality of life issues. The Mayor and the Chief should take the lead in addressing policing concerns. Council President Ellis made closing remarks regarding how the Council Leadership has expressed concerns on how the Police Chief is handling quality of life issues, his lack of solution identification, or the evidence of a plan. Council Member Igoe shared a solution for traffic that had been previously implemented to improve pedestrian safety and reduce speed. ADJOURNMENT: There being no further business, President Pro Tem Kimbrough made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximate 8:55 pm. Danielle Gillespie City Clerk of the City of Albany 20 Council Member O’Brien introduced the following: RESOLUTION NUMBER 58.71.21R (MC) A RESOLUTION OF THE COMMON COUNCIL APPROVING THE PURCHASE OF AUDIO-VISUAL EQUIPMENT FOR THE COMMON COUNCIL CHAMBERS AND ALLOCATING MONIES FOR INSTALLATION AND TRAINING SERVICES ON SAID EQUIPMENT WHEREAS, the City of Albany entered into a Franchise Renewal Agreement (hereinafter referred to as the “Franchise Agreement”) with Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable; and WHEREAS, pursuant to Section 10 of the Franchise Agreement, Time Warner Cable provided to the City of Albany funding exclusively for the purchase of equipment to meet the overall goals and needs of the Public, Educational and Government Access Oversight Board; and WHEREAS, the City of Albany posted a Request for Proposals (“RFP”) dated January 11, 2021, and numbered RFP 2021-02, for the purchase of audio-visual equipment as well as the installation and training services on said equipment; WHEREAS, Tech Solutions, LLC, submitted a Proposal dated February 24, 2021, and an amended Proposal dated July 1, 2021; and WHEREAS, the City of Albany accepts Tech Solutions, LLC’s amended Proposal, NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the use of the funding from the Franchise Agreement to cover the purchase of the equipment, in the amount of fifty eight thousand eight hundred thirty dollars and thirty-nine cents ($58,830.39); further consents transfer of funds to cover the installation and training services costs (hereinafter referred to as “labor costs”) in the amount of seventeen thousand two hundred and thirty-four dollars ($17,234.00); and further consents to an total payment in the amount of seventy-six thousand sixty-four dollars and thirty-nine cents ($67,064.39) which will cover costs to purchase the equipment as well as the labor costs. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: July 1, 2021 Sponsor(s): Council Member Mike O’Brien RESOLUTION 58.71.21R (MC) TITLE A RESOLUTION OF THE COMMON COUNCIL APPROVING THE PURCHASE OF AUDIO- VISUAL EQUIPMENT FOR THE COMMON COUNCIL CHAMBERS AND ALLOCATING MONIES FOR INSTALLATION AND TRAINING SERVICES ON SAID EQUIPMENT GENERAL PURPOSE OF LEGISLATION To approve the purchase of audio-visual equipment for the Common Council Chamber and allocating monies for installation and training services on said equipment. FISCAL IMPACTS Purchase of the equipment will be covered by the funding provided to the City pursuant to the City’s Franchise Agreement. Installation and training of the equipment will be covered by Common Council out of the budget item of both Contracted Services (7440) and Training and Conferences (7463). MESSAGE OF NECESSITY The Council chamber equipment is failing. The amended proposal from the vendor, Tech Solutions, LLC, was provided to the City after the due date for the Agenda. Approval of the Proposal and allocation of monies cannot wait until the next due date as time is of the essence to order the new equipment and procure installation and training services. Council Members Love introduced the following: RESOLUTION NUMBER 44.51.21R (As Amended 07/02/2021) RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF JEANETTE DOWDELL GARLAND & BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN THEIR HONOR WHEREAS, Benjamin G. Garland and Jeanette Dowdell Garland have been staples in the Arbor Hill Neighborhood; and WHEREAS Benjamin G. Garland is the nephew of the late Benjamin H. Garland Sr and James Clifford Garland. Benjamin H. Garland Sr. and James Clifford Garland migrated north from DeKalb, Texas. Both brothers attended historically Black colleges with Benjamin H. attending and matriculating at Hampton Institute and James (“Doc”) matriculating at Fisk University; and WHEREAS, both brothers developed an interest in the funerary business and graduated with degrees in Mortuary Sciences one graduating from the New England School of Mortuary Science in Boston, Massachusetts and the other completing his studies at Worsham School of Mortuary Science in Chicago, Illinois. This was the beginning of the Garland Brothers Funeral homes of Albany and Syracuse; and WHEREAS, the Garland brothers belief in community activism and their commitment to advancing, advocating, and highlighting issues faced by the African American Community locally was passed on to Benjamin G. Garland; and WHEREAS, The Garland Brothers Funeral Home, located on Clinton Avenue in Arbor Hill, is a fixture that has provided and continues to provide many services to the people and the community; and WHEREAS, Benjamin G. Garland studied under the tutelage of Dr. Charlotte Hawkins Brown at Palmer Memorial Institute in Sedalia, North Carolina and graduated from the American Academy McAllister Institute of Funeral Services. He also apprenticed under his uncle and was employed at the Albany Medical Center Morgue and the United States Postal Service prior to assuming control over the Albany branch of Garland Brothers Funeral Home; WHEREAS, Jeanette Dowdell Garland (affectionately known as Mom to her children, grandchildren and great-grandchildren, and Mama G to All) entered eternal rest on May 29, 2021. Jeanette was always looking out for the youth in her immediate neighborhood. She was always straightening hair for neighborhood children and pierced their ears as she did for her own children, younger sisters, and nieces; and WHEREAS, She was educated in the Albany City School District. She obtained her Associate Degree in Mortuary Science from Hudson Valley Community College in Troy, New York. Upon completion, she functioned as a partner in the business assisting her husband in the consolation of grief-stricken families within the African American community. In addition to performing administrative functions in the office, she prepared the makeup and attire on the dearly departed; and WHEREAS, Jeanette volunteered for numerous civic and charitable community-based initiatives for the betterment of the African American experience in the Capital District Area. She helped Reverend Surgick, Reverend Roland, and Reverend Bailey secure scholarships for inner city youth to attend Camp Thatcher. She also participated in the beautification of the City of Albany Initiative in collaboration with Mrs. Erastus Corning and Sara Logan. She was a founding member of the inner-city coalition for the Albany County Democratic Party Committee. Additionally, Jeanette volunteered at the Albany Girls Club Inc. and The Grandmothers for Charter Schools. She participated in various events, school board meetings, common council meetings, marches, holiday parties and provided all the supplies and materials needed to make The Grandma’s holiday wreaths. She also canvassed for the opening of Green Tech High Charter School for Boys; and WHEREAS, Jeanette has spent a lifetime of giving to others to improving the quality of life for the African American community, as well as the entire City of Albany. For her lifetime of service, she has received the following Awards: Women of Color Cancer Support group, (Caregiver award), South End (Community award), Frank Chapman Memorial Institute Inc. Mothers of Pearl award, Black Family (community award) Albany Links, and The Albany City Common Council Black History Award presented by Corey Ellis, Women of Color Omega Psi Phi Fraternity Award, presented by Michael Logan; and WHEREAS, Jeanette fostered several children, including a Haitian student who was facing deportation. As a result of her intervention, the student was able to remain in the United States and successfully continue her education and is now a practicing physician’s assistant; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany thanks Jeannette Dowdell Garland and Benjamin G. Garland for their commitment to the community, their years of service, and their dedication to the funerary business; and BE IT FINALLY RESOLVED, that a portion of Clinton Avenue between Hawk Street and Ludlow Alley at the intersection of Clinton Avenue and Hawk Street, shall be renamed “Jeanette and Benjamin Garland Way” in their Honor. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: March 31, 2021 SPONSOR Council Member Love RESOLUTION NUMBER 44.51.21R (As Amended 07/02/2021) TITLE RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CELEBRATING THE CONTRIBUTIONS OF JEANETTE DOWDELL GARLAND & BENJAMIN G. GARLAND AND RENAMING A PART OF CLINTON AVENUE IN THEIR HONOR GENERAL PURPOSE OF LEGISLATION Celebrating the contributions of Jeanette Dowdell Garland and Benjamin G. Garland to the Arbor Hill Community. FISCAL IMPACT(S) None. Council Member Anane introduced the following: LOCAL LAW H OF 2021 (As Amended 06/14/2021) LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICE OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE Be it enacted, by the Common Council of the City of Albany as follows: Section 1. Chapter 133A (Building Construction and Housing: Special Provisions) of Part II (General Legislation) of the Code of the City of Albany is hereby amended as follows: Article I General Provisions § 133A-1 Scope. This chapter shall establish the procedures applicable to the manner of service of notices of violation, by whatever designation, [provided in] by the Chief Building Official as defined at Section 375-602 of the Albany City Code or their designee for the violation of any provision of Chapter 133, Building Construction, [and Chapter 231, Housing, in the context of the enforcement of the requirements of those chapters of the] Chapter 171 (Electricity), Chapter 375, Unified Sustainable Development Ordinance, orders issued pursuant to Article 2B of the NYS Executive Law, Chapter 261 (Plumbing), State Uniform Fire Prevention and Building Code and of any other local or state law, order, regulation or directive, which the Chief Building Official is empowered to enforce.. This chapter further shall establish the penalties applicable to a conviction of a violation of any of the provisions of [Chapter 133 and Chapter 231] the aforementioned laws, chapters, directives, and codes for which no other penalty is expressly provided therein. Article II Service of Notices § 133A-2 Violations; Notices of violations of code; service of papers. A. [Service of notice. All notices issued pursuant to the provisions of Chapter 133 or Chapter 231 to restrain or remove any violation or to enforce compliance with any provision or requirement of such chapters may be served by: (1) Delivering to an leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of such chapters; (2) By registered or certified mail to the most current address on file in the Rental Dwelling Registry under § 231-143, if any; (3) If none is on file, to the most current address on file in the City Department of Assessment and Taxation; or (4) If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for him or them, then such notice or order may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, or which may be deemed unsafe or dangerous, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or (5) By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules.] Notices of Violation. Whenever it shall appear to the satisfaction of the Chief Building Official or their designee that the condition of any building, structure, or parcel, or part thereof is in violation of any provision of law cited in Section 133A-1, the Chief Building Official is hereby authorized to serve upon the person or persons responsible for the violation, including but not limited to the owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent, a notice of violation, in writing, which shall: (1) set forth the parcel upon which the violation was discovered; (2) specify the condition or conditions of such parcel, including all improvements thereon, which is in violation of the provisions of this code; (3) direct that the violation be discontinued within such time prescribed in the notice as determined by the Chief Building Official or their designee as reasonable for such discontinuance under the circumstances; (4) bear the official seal of the City of Albany and/or Buildings Department; (5) include contact information for the Buildings Department; and (6) provide notice to the subject of the notice of violation of the penalties of non- compliance with said notice as set forth in this chapter. B. [Notice by mail to owners residing out of state. If the person or persons or any of them to whom said notice is directed do not reside in the State of New York and have no known place of business therein, the same may be served by delivering to, and leaving with, such person or persons, or either of them, a copy of said notice, or if said person or persons cannot be found within said state after diligent search, then by posting a copy of the same in the manner as aforesaid and depositing a copy thereof in a post office in the City of Albany, enclosed in a sealed wrapper addressed to said person or person at his or their last known place of residence, with the postage paid thereon; and said posting and mailing a copy of said notice shall be equivalent to personal service of said notice.] Service of notice. All notices issued pursuant to the provisions of Chapter 133 or Chapter 231 to restrain or remove any violation or to enforce compliance with any provision or requirement of such chapters may be served by: (1) Delivering to and leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of such chapters; or (2) By registered or certified mail to the most current address on file in the Rental Dwelling Registry under § 231-143; or (3) An address provided to the Department of Buildings in the preceding three years as a contact address for the property and/or owner allegedly in violation; or (4) To the most current address on file in the City Department of Assessment and Taxation; or (5) The official address for the service of process provided by the owner to the NYS Department of State; or (6) If such person or persons cannot be served by any of the aforesaid methods, after diligent search shall have been made for him or them, then such notice or order may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to exist, or to which such notice may refer, or which may be deemed unsafe or dangerous, which shall be equivalent to personal service of said notice upon all parties for whom such search shall have been made; or (7) By any other method of service authorized pursuant to Article 3 of the Civil Practice Law and Rules. C Failure to comply with notice. Any person who shall fail to comply with a written notice of violation of the Chief Building Official or their designee within the time fixed for compliance therewith, and any owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent who have not complied with any lawful order, notice, directive, permit or certificate of the Chief Building Official or their designee made thereunder shall be guilty of a violation punishable as set forth in 133A-3(A) of this Code. D. Aggravated failure to comply with notice. Any person who shall fail to comply with a written notice of a violation of the Chief Building Official or their designee within the time fixed for compliance therewith, and any owner of any such building or structure, or the architect, contractor or any other person in charge thereof, either as owner or agent who have not complied with any lawful order, notice, directive, permit or certificate of the Chief Building Official or their designee made thereunder shall be guilty of a violation punishable as set forth in 133A-3(B) of this Code where such failure to comply is committed with a wonton disregard for the health and safety of the occupants of the subject building or the public at large. Article III Penalties § 133A-3 Penalties for offenses. A. [Building Code] General Penalties (1) When a person is [convicted of] found liable for failing to comply with any provision of [Chapter 133 or of] any law described at Section 133A-1, and orders of the Chief Building Official issued pursuant thereto, such person shall be subject to a fine of not more than $1,000 per day of violation [or imprisonment not exceeding one year, or both such fine and imprisonment]. (2) The term “person,” as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the building or part thereof. (3) Each day of violation shall be deemed to constitute a separate offense. (4) Fines levied shall constitute civil forfeitures to the City of Albany. B. [Housing Code] Elevated Penalties. [(1) Any person convicted of a violation of the Housing Code (inclusive of noncompliance of administrative requirements), as defined under Part 3 or Part 4 of Chapter 231, shall be punished according to the following schedule: (a) First offense: a fine of not less than $250 nor more than $400 per day the violation remains unabated or five days' imprisonment, or 50 hours of community service, or any combination thereof. (b) Second offense for the same violation regarding the same person and property committed within three years after the first offense: a fine of not less than $500 nor more than $800 per day the violation remains unabated, or 10 days' imprisonment or 100 hours of community service, or any combination thereof. (c) Third offense for the same violation regarding the same person and property committed within three years after the first offense: a fine of not less than $1,000 nor more than $1,600 per day the violation remains unabated, or 15 days' imprisonment, or 150 hours of community service, or any combination thereof. (d) The dispositions of matters prosecuted under this section shall be reported to the Common Council in the quarterly report. (2) All persons convicted of a violation of the Housing Code, as defined under Part 5 of Chapter 231, shall be fined not less than $250 nor more than $1,600. (3) The term "person," as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of building of part thereof. (4) Each day of violation shall be deemed to constitute a separate offense. (5) Fines levied shall constitute civil forfeitures to the City of Albany. (6) Any unpaid fines of an owner of premises shall be subject to the placement and recordation of a lien by the City of Albany against such premises.] (1) When a person is found liable of failing to comply with any provision of any law described at Section 133A-1, and orders of the Chief Building Official issued pursuant thereto, with a wonton disregard for the health and safety of the occupants of the subject building or the public at large, such person shall be subject to a fine of not more than $1,000 per day of violation or imprisonment not exceeding one year, or both such fine and imprisonment. (2) The term "person," as used in this section, shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the building or part thereof. (3) Each day of violation shall be deemed to constitute a separate offense. (4) Fines levied shall constitute civil forfeitures to the City of Albany. Section 2. Chapter 133A (Building Construction and Housing: Special Provisions) of Part II (General Legislation) of the Code of the City of Albany is hereby further amended by adding a new Article IV, to be entitled “Peremptory Orders and Fees,” which will read as follows: Article IV Peremptory Orders and Fees § 133A-4 Peremptory Orders and fees. A. Stop Work Orders. Whenever the Chief Building Official or their designee finds that work or activity is being or has been performed in violation of any provision of law cited Section 133A-1 the Chief Building Official or their designee may issue a stop work order. (1) Issuance. Upon issuance of a stop work order by the Chief Building Official or their designee, all work shall immediately stop unless otherwise specified. Such order may require all persons to forthwith vacate the premises pursuant to subsection B of this section and may also require such work to be done as, in the opinion of the Chief Building Official or their designee, may be necessary to remove any danger therefrom. The police department or other law enforcement agency or officer shall, upon the request of the Chief Building Official or their designee, assist the Buildings Department in the enforcement of a stop work order. The stop work order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed promptly by a written order and shall include the reason for the issuance of the stop work order. (2) Unlawful continuance. No person with knowledge or notice of a stop work order shall allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except such work that may be required by order of the Chief Building Official or their designee. (3) Rescission. Upon application, the Chief Building Official or their designee shall rescind the stop work order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules, or where the stop work order was issued in error or conditions are such that it should not have been issued. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop work order except where doing so would impose such a fee on party making a good faith and legal request for service. (4) Tampering. It shall be unlawful to tamper with, remove or deface a written posted stop work order from the location where it was affixed by the Chief Building Official or their designee unless and until the Chief Building Official or their designee has so permitted its removal. The owner or other person in control of the location shall ensure that the stop work order remains posted until rescinded by the Chief Building Official. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to the re-posting of such stop work order. B. Unsafe and Unfit Orders. Whenever any building, structure, place or premises or portion thereof is or may be perilous to life or property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in its construction, or deficiencies in fire alarm, fire extinguishing equipment or fire escape equipment, or by reason of any condition in violation of any provision of law cited in Section 133A-1 , the Chief Building Official or their designee may declare that the same, to the extent that the Chief Building Official or their designee may specify, is unsafe and unfit and may order the same to be removed, sealed, abated, repaired, altered or otherwise improved. (1) Issuance. Upon issuance of an unsafe and unfit order by the Chief Building Official or their designee, the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons responsible for the condition giving rise to the unsafe and unfit order shall undertake to immediately remedy the condition giving rise to the unsafe and unfit order in the manner determined by the Chief Building Official or their designee to be reasonably necessary to remove the danger at the subject property including vacating the property and ensuring it remains vacant. Such order may require all persons to forthwith vacate the premises pursuant to the provisions of this section. The police department or other law enforcement agency or officer shall, upon the request of the Chief Building Official or their designee, assist the Buildings Department in the enforcement of an unsafe and unfit order. The unsafe and unfit order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons responsible for the condition giving rise to the unsafe and unfit order however, the Chief Building Official or their designee shall undertake to post a warning at the subject property reasonably calculated to advise those who would enter the building of the existence of the unsafe and unfit order. (a) Order to Vacate. In case any order to remedy a condition that is or may be imminently perilous, dangerous or detrimental to life, public safety or property, issued by the Chief Building Official or their designee is not complied with, or the Chief Building Official or their designee determines that an emergency exists requiring such action, the Chief Building Official or their designee may order and immediately cause any building, structure, place or premises or portion thereof to be vacated. The vacate order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. (b) Enforcement of vacate order. All vacate orders issued pursuant to this section shall be posted upon the premises and made available to the public. The police department shall provide all reasonable assistance to the Buildings Department and other authorized officers and employees necessary to carry out the provisions of this section. A copy of the vacate order may be filed with the Albany County Clerk. Such filing shall be notice of the vacate order to any subsequent owner and such owner shall be subject to such order. (c) Unlawful continuance. No person with knowledge or notice of an unsafe and unfit order shall allow, authorize, promote, continue or cause to be continued any activity prohibited by the unsafe and unfit order, except such work that may be required by order of the Chief Building Official or their designee. (2) Rescission. Upon application, the Chief Building Official or their designee shall rescind the unsafe and unfit order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules, or where the unsafe and unfit order was issued in error or conditions are such that it should not have been issued. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and response by City of Albany personnel and administrative expense, including expenses related to the relocation and/or rehousing of individuals effected by the unsafe and unfit order related to such unsafe and unfit order except where doing so would impose such a fee on party making a good faith and legal request for service. (3) Tampering. It shall be unlawful to tamper with, remove or deface a written posted unsafe and unfit order from the location where it was affixed unless and until the Chief Building Official or their designee has so permitted its removal. The owner or other person in control of the location shall ensure that the unsafe and unfit order remains posted until rescinded by the Chief Building Official. The Chief Building Official may require the payment of a fee in the amount of the expense of additional inspection and response by City of Albany personnel and administrative expense related to the re-posting of such stop work order. Section 3. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. APPROVED AS TO FORM THIS 14th DAY OF JUNE, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Robert Magee, Deputy Corporation Counsel Laura Gulfo, Assistant Corporation Counsel Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: June 2, 2021 Sponsor: Council Member Anane LOCAL LAW H of 2021 (As Amended 06/14/2021) TITLE LOCAL LAW AMENDING CHAPTER 133A (BUILDING CONSTRUCTION AND HOUSING: SPECIAL PROVISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ISSUANCE OF NOTICE OF VIOLATIONS, PENALTIES, AND ENFORCEMENT OF STOP WORK AND UNSAFE AND UNFIT ORDERS UNDER THE NEW YORK STATE UNIFORM FIRE PREVENTION & BUILDING CODE AND ALBANY CITY CODE GENERAL PURPOSE OF THE LEGISLATION Changes to §133A-1 & 2 This language clarifies the form of notices of violation issued by the Department of Buildings & Regulatory Compliance, the manner in which they are issued, updates this section to explicitly provide for the enforcement of the Unified Sustainability Ordinance by the Buildings Department, and creates an aggravated violation which reserves the possibility of jail for extreme malfeasance. §133A-1, Notices of Violation, Scope: The existing language constrained the use of this section to the NYS Building Code and certain provisions of the city code. This broadens its application and allows the use of this notice of violation for the enforcement of all laws which the Chief Building Official is empowered to enforce. §133A-2(A),Notices of violations of code; service of papers. Notice of Violation: This specifies the parties which may receive or be subject to a notice of violation. The previous wording referred only to “persons responsible” for a violation, which courts have deemed to include only the owner of the building. The proposed change specifies that the notice of violation may be directed to the owner, their agent, contractors, and property managers. It also sets out what a notice of violation ought to include. §133A-2(B), Notices of violation of code; service of papers. Service of Notice: This provision sets out how notices of violation are to be issued. The changes here provide flexibility to the Department in determining where to send notices of violation, allowing them to be sent to the address provided in the ROP, the address provided by the property owner to the assessor’s office for contact purpose, the most current address provided by the property owner to the Department, or, where the owner is a corporate entity, to the address on file with the NYS Department of State. The previous language required a search of the rental dwelling registry for the most recent address on the properties rental dwelling registration, which was often out of date or belonged to a previous owner and didn’t allow for service upon corporate owner by its registered address for service with the Secretary of State. With this clarification, the provision regarding on how individuals outside of the state must be issued NOVs has been deleted as duplicative. §133A-2(C), Notices of Violation, Violations; Notices of Violation; Service of Papers, Failure to comply with notice: The proposed legislation will add this Paragraph to the Section of the Code. This provision makes it a violation to fail to comply with a duly issued notice of violation. This refers to the new penalties provision, which includes a possible fine, but no imprisonment. §133A-2(D), Notices of Violation, Violations; Notices of Violation; Service of Papers, Aggravated failure to comply with notice: The proposed legislation will add this Paragraph to the Section of the Code. This provision makes it a violation to fail to comply with a duly issued notice of violation where failure to comply is done with a wanton disregard for the safety of a building’s occupants or the general public. This refers to the new penalties provision, which includes a possible fine and imprisonment. Changes to § 133A-3 This proposal clarifies the laws to which the penalties at ACC 133A-3 apply and creates two tiers of violation for most violations of laws enforced by the Buildings Department one of which includes the possibility of imprisonment for wanton code violations and a second which does not include the possibility of imprisonment for typical code violations. §133A-3(A) Penalties for Offenses, General Penalties: Removes the possibility of imprisonment from the existing penalty language for standard code violations, which is $1,000 for each day of non-compliance. §133A-3(B) Penalties for Offenses, Elevated Penalties: This removes the current language and takes the current penalty language, which includes $1,000 per day fine and the possibility of imprisonment up to one year, and reserves the penalty language for wanton violations. Changes to § 133A-4 The purpose of this proposal is to confirm and codify the NYS Department of Buildings & Regulatory Compliance’s ability to issue stop work and unsafe and unfit orders. This proposal formalizes the process related to the issuance of stop work and unsafe and unfit orders. The previous law at ACC 133-49 and ACC 133-55 could be read to restrict the issuance of stop work orders and unsafe and unfit orders to limited instances and did not specify the Department’s administrative remedies in resolving stop work orders. This proposal sets out, codifies, and supports the Building Department’s current practice with respect to stop work orders and unsafe and unfit orders. §133A-4(A) Stop Work Orders: This specifically empowers the Chief Building Official to issue stop work orders where work is being done or has been done illegally. §133A-4(A)(1) Stop Work Orders, Issuance: Provides that stop work orders may be issued orally, obligates the subject of the order to cease work, cease occupancy, and comply with the directives of the Chief Building Official to remediate the violation. §133A-4(A)(2) Stop Work Orders, Unlawful Continuance: This makes the violation of a stop work order a violation unto itself. §133A-4(A)(3) Stop Work Orders, Rescission: Provides the process by which a stop work order may be rescinded. Specifically, it requires that the responsible party pay necessary fees and fines and receive proper approvals as a condition of lifting a stop work order. This also empowers the Chief Building Official to require the responsible party to pay an administrative fee as a condition of lifting the stop worker equal to the administrative cost of issuing the stop work order. §133A-4(A)(4) Stop Work Orders, Tampering: Provides that tampering with a stop work order placard prior to the order’s rescission or without the Chief Building Official’s permission. §133A-4(B) Unsafe & Unfit Orders: Explicitly empowers the Chief Building Official to issue an unsafe and unfit order in cases involving immediate peril to a property’s occupants or the general public. §133A-4(B)(1) Unsafe & Unfit Orders, Issuance: Provides what the Chief Building Official may direct to ameliorate the condition underlying the order and the parties subject to the Chief Building Official’s direction. It also provides the Chief Building Official with the authority to require the responsible party to pay an administrative fee equal to the cost to the city in responding to the condition underlying the order and in issuing the unsafe and unfit order. §133A-4(B)(1)(a) Unsafe & Unfit Orders, Issuance, Order to Vacate: Provides the manner in which an order to vacate may be issued by the Chief Building Official. §133A-4(B)(1)(b) Unsafe & Unfit Orders, Issuance, Enforcement: Provides the manner of enforcing a vacate order and empowers the Chief Building Official to file the order with the Albany County Court. §133A-4(B)(1)(c) Unsafe & Unfit Orders, Issuance, Unlawful Continuance: Provides that failing to comply with an unsafe and unfit order is a separate violation. §133A-4(B)(2) Unsafe & Unfit Orders, Issuance, Rescission: Sets out the process for lifting an unsafe and unfit order and empowers the Chief Building Official to require the payment of a fee equal to the cost to the City of responding to the condition underlying the order and in enforcing the order. §133A-4(B)(3) Unsafe & Unfit Orders, Issuance, Tampering: This provision prohibits tampering with an unsafe and unfit notice. NECESSITY FOR LEGISLATION (§133A-1 & 2) The measures here are largely intended as housekeeping designed to better reflect and support the current procedures of the Department and the City Court. (§ 133A-3) These changes more appropriately tailor penalties to code violations. (§ 133A-4) This proposal codifies and supports the Building Department’s ability to respond to emergent dangers presented by illegal building work and buildings which present an immediate health and safety threat. It also empowers the Building Department to cover some of the costs imposed by illegal work or egregious failures to maintain buildings, which often require a response from multiple City departments, by providing for an administrative fee to recover those costs. FISCAL IMPACT (§ 133A-4) Insofar as this provides for administrative fees as a condition of lifting a stop work or unsafe and unfit order, it will result in a modest increase Council Member Balarin introduced the following: LOCAL LAW F OF 2021 (As Amended 07/08/2021) LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF CHAPTER 30 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article XXII (Rules of Practice of the City Court of Albany) of Part 2 (City Court Act) of Chapter 30 (Courts and Legal Procedures) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended by adding a Section 30-323, to read as follows: §30-323 Special rules for eviction proceeding Filing of Residential Occupancy Permit Required. No action for eviction may be commenced without the Petitioner’s having submitted to the Court a copy of the most recently-issued Residential Occupancy Permit issued according to Part 4 of Chapter 231 of this Code for the rental dwelling unit of which the Petitioner is seeking possession or an allegation that deregistration and suspension of said Residential Occupancy permit was done in violation of this Chapter. Section 2. Part 2 (City Court Act) of Chapter 30 (Courts and Legal Procedures) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended by adding an Article XXIII, entitled “Prohibition of Eviction Without Good Cause,” to read as follows: Article XIII Prohibition of Eviction Without Good Cause § 30-324 Short Title. This article shall be cited as the “Prohibition of Eviction Without Good Cause Law.” §30-325 Definitions. A. The term “housing accommodation,” as used in this article, shall mean any residential premises located in the City of Albany. B. The term “landlord,” as used in this article, shall mean any owner, lessor, sublessor, assignor, or other person receiving or entitled to receive rent for the occupancy of any housing accommodation or an agent of any of the foregoing. C. The term “tenant” as used in this article shall mean a tenant, sub-tenant, lessee, sublessee, assignee, manufactured home tenant as defined in paragraph one of subsection (A) of section two hundred thirty-three of the NYS Real Property Actions and Proceedings Law, an occupant of a rooming house or hotel as defined in section seven hundred eleven of the Real Property Actions and Proceedings Law or any other person entitled to the possession, use or occupancy of any housing accommodation. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. D. The term “rent” as used in this article shall mean any consideration, including any bonus, benefit or gratuity demanded or received for or in connection with the possession, use or occupancy of housing accommodations or the execution or transfer of a lease for such housing accommodations. E. The term “disabled person” as used in this article shall be applied according to the definition set forth at NY Public Housing Law §14(4)(c)(iii). § 30-326 Applicability. This article shall apply to all housing accommodations except: A. Owner-occupied premises with four or less units; B. Premises sublet pursuant to section two hundred twenty-six-b of the Real Property Law or otherwise, where the sublessor seeks in good faith to recover possession of such housing accommodation for their own personal use and occupancy; C. Premises where the possession, use or occupancy of which is solely incident to employment and such employment is being lawfully terminated; and D. Premises otherwise subject to regulation of rents or evictions pursuant to state or federal law to the extent that such state or federal law requires “good cause” for termination or non-renewal of such tenancies. § 30-327 Necessity for good cause. No landlord shall, by action to evict or to recover possession, by exclusion from possession, by failure to renew any lease, or otherwise, remove any tenant from housing accommodation except for good cause as defined in section three hundred twenty-eight of this article. § 30-328 Grounds for removal of tenants A. No landlord shall remove a tenant from any housing accommodation, or attempt such removal or exclusion from possession, notwithstanding that the tenant has no written lease or that the lease or other rental agreement has expired or otherwise terminated, except upon order of a court of competent jurisdiction entered in an appropriate judicial action or proceeding in which the petitioner or plaintiff has established one of the following grounds as good cause for removal or eviction: (1) The tenant has failed to pay rent due and owing, provided, however, that the rent due and owing, or any part thereof, did not result from a rent increase or pattern of rent increases which, regardless of the tenant's prior consent, if any, is unconscionable or imposed for the purpose of circumventing the intent of this article. In determining whether all or part of the rent due and owing is the result of an unconscionable rent increase or pattern of rent increases, the Court may consider, among other factors, i) the rate of the increase relative to the tenant’s ability to afford said increase, ii) improvements made to the subject unit or common Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. areas serving said unit, iii) whether the increase was precipitated by the tenant engaging in the activity described at section 223-b (1(a)-(c) of the Real Property Actions and Proceedings Law, iv) significant market changes relevant to the subject unit, and v) the condition of the unit or common areas serving the unit, and it shall be a rebuttable presumption that the rent for a dwelling not protected by rent regulation is unconscionable or imposed for the purpose of circumventing the intent of this article if said rent has been increased in any calendar year by a percentage exceeding five percent; (2) The tenant is violating a reasonable obligation of their tenancy, other than the obligation to surrender possession, and has failed to cure such violation after written notice that the violation cease within ten days of receipt of such written notice, provided however, that the obligation of tenancy for which violation is claimed was not imposed for the purpose of circumventing the intent of this article; (3) The tenant is committing or permitting a nuisance in such housing accommodation, or is maliciously or by reason of negligence damaging the housing accommodation; or the tenant's conduct, including but not limited, smoking inside the residential unit where smoking inside the residential unit has been prohibited by the landlord and such prohibition has been communicated to the tenant, failing to dispose of waste created by the tenant’s pet(s) from the property on which the residential unit is located in accordance with relevant laws, and causing the accumulation of excessive rubbish and/or garbage in the residential unit and common areas, is such as to interfere with the comfort of the landlord or other tenants or occupants of the same or adjacent buildings or structures; (4) Occupancy of the housing accommodation by the tenant is in violation of or causes a violation of law and the landlord is subject to civil or criminal penalties therefor; provided however that the City of Albany or other qualified governmental entity has issued an order requiring the tenant to vacate the housing accommodation. No tenant shall be removed from possession of a housing accommodation on such ground unless the court finds that the cure of the violation of law requires the removal of the tenant and that the landlord did not, through neglect or deliberate action or failure to act, create the condition necessitating the order to vacate. In instances where the landlord does not undertake to cure conditions of the housing accommodation causing such violation of the law, the tenant shall have the right to pay or secure payment in a manner satisfactory to the court, to cure such violation provided that any tenant expenditures shall be applied against rent to which the landlord is entitled. In instances where removal of a tenant is absolutely essential to their health and safety, the removal of the tenant shall be without prejudice to any leasehold interest or other right of occupancy the tenant may have and the tenant shall be entitled to resume possession at such time as the dangerous conditions have been removed. Nothing herein shall abrogate or otherwise limit the right of a tenant to bring an action for monetary damages against the landlord to compel compliance by the landlord with all applicable laws; Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. (5) The tenant is using or permitting the housing accommodation to be used for an illegal purpose; (6) The tenant has unreasonably refused the landlord access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or for the purpose of showing the housing accommodation to a prospective purchaser, mortgagee, or other person having a legitimate interest therein; (7) The landlord seeks in good faith to recover possession of a housing accommodation located in a building containing fewer than twelve units because of immediate and compelling necessity for their own personal use and occupancy as their principal residence, or the personal use and occupancy as principal residence of their partner, spouse, parent, child, stepchild, father-in-law or mother-in-law, when no other suitable housing accommodation in such building is available. This paragraph shall permit recovery of only one housing accommodation and shall not apply to a housing accommodation occupied by a tenant who is sixty-two years of age or older or who is a disabled person; (8) The landlord seeks in good faith to recover possession of any or all housing accommodations located in a building with less than five units to personally occupy such housing accommodations as their principal residence; (9) The owner-landlord has in good faith entered into a contract for the sale of the housing accommodation and such contract requires that the housing accommodation be transferred free and clear of any and all residential tenancy obligations as a condition of such sale where the owner-landlord has no shared financial or other interest with the potential buyer other than the sale of the housing accommodation in question and submitted sufficient proof to the court thereof (10) Where the tenant has refused in bad faith to enter into a written lease which has been offered in good faith to the tenant by the landlord, subject to the following. (a) The proposed written lease must have been offered to the tenant in writing on at least two occasions at least two weeks apart, which such written offer to include, (i) an original and one copy of the proposed written lease, executed by the landlord or their designee; (ii) notice of the landlord’s intention to pursue eviction within 120 days pursuant to this article if the tenant rejects the proposed written lease and/or does not enter into said lease within forty-five days of the initial offer; (iii) clear instructions to the tenant concerning the manner in which the tenant is to communicate to the landlord acceptance or rejection of the written lease; and Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. (iv) Notice of any proposed increase equal to or greater than 5% shall be provided in compliance with RPL sect 226-C (b) the proposed written lease shall not supersede an existing, active lease to which the landlord and the tenant are parties; (c) The terms of the proposed written lease may not; (i) be unconscionable and/or mandate or proscribe activities not rationally related to the regulation of activities which would create a nuisance at the property or cause discomfort to the tenants or occupants of the same or adjacent buildings or structures as described at section A(3) above; or (ii) substantially alter the terms any of any existing lease; (d) the proposed written lease shall not be offered for the purposes of circumventing this article; (e) the tenant shall be entitled to dismissal of any eviction petition brought for the tenant’s refusal to enter into a lease according to these terms if (i) the tenant consents to enter into the proposed written lease presented in the first offer pursuant to subsection 10(a) at any time prior to the execution of the warrant of eviction regardless of landlord’s willingness to accept said consent at the time it is communicated; and/or (ii) prior to the commencement of the eviction proceeding the tenant attempted in good faith to negotiate the terms of the proposed written lease and that the landlord refused in bad faith to engage in such negotiation; and/or (iii) the tenant’s failure to enter into the proposed written lease was due to a good faith failure to comprehend the terms of the proposed written lease; (iv) the tenant is a victim of domestic violence as defined by NY Social Service Law §459-A and is unable to safely enter into the proposed written lease due to good faith concerns for the tenant’s personal safety; and/or (v) the proposed written lease includes an increase in rent or increase in the tenant’s responsibility for recurring payments associated with the tenancy which is unconscionable or imposed for the purposes of circumventing the intent of this article per subsection (A)(1), above (f) that any proceeding for eviction pursuant to this subsection shall have been commenced within 120 days of the proposed written lease first having been offered to the tenant Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. B. A tenant required to surrender a housing accommodation by virtue of the operation of paragraph (7), (8), or (9) of subsection A of this section shall have a cause of action in any court of competent jurisdiction for damages, declaratory, and injunctive relief against a landlord or purchaser of the premises who makes a fraudulent statement regarding a proposed use of the housing accommodation. In any action or proceeding brought pursuant to this provision a prevailing tenant shall be entitled to recovery of actual damages, and reasonable attorneys' fees. C. Nothing in this section shall abrogate or limit the tenant's right, pursuant to section seven hundred fifty-one of the Real Property Actions and Proceedings Law, to permanently stay the issuance or execution of a warrant or eviction in a summary proceeding, whether characterized as a nonpayment, objectionable tenancy, or holdover proceeding, the underlying basis of which is the nonpayment of rent, so long as the tenant complies with the procedural requirements of section seven hundred fifty-one of the Real Property Actions and Proceedings Law. § 30-329 Preservation of existing requirements of law. No action shall be maintainable and no judgment of possession shall be entered for housing accommodations pursuant to this article, unless the landlord has complied with any and all applicable laws governing such action or proceeding and has complied with any and all applicable laws governing notice to tenants including, without limitation, the manner and the time of service of such notice and the contents of such notice. Nothing in this article shall preclude individuals from the voluntary dissolution of a lease agreement on such permissible terms as both parties may agree to, though such agreement may not provide a basis for the issuance of a warrant of eviction or provide the Albany City Court with authority to intervene in such voluntary dissolutions entered into outside of and not properly brought before the Albany City Court’s jurisdiction. § 30-330 Waiver of rights void. Any agreement by a tenant heretofore or hereinafter entered into in a written lease or other rental agreement waiving or modifying their rights as set forth in this article shall be void as contrary to public policy. § 30-331 Severability. If any provision of this act, or any application of any provision of this article, is held to be invalid, that shall not affect the validity or effectiveness of any other provision of this act, or of any other application of any provision of this article, which can be given effect without that provision or application; and to that end, the provisions and applications of this article are severable. Section 3. This local law shall take effect ninety days after final passage, public hearing and filing with the Secretary of State. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. APPROVED AS TO FORM THIS 8Th DAY OF JULY, 2021 ______________________________ Corporation Counsel Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Laura Gulfo, Esq., Assistant Corporation Counsel Robert Magee, Esq., Deputy Corporation Counsel Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: March 1, 2021 Sponsor: Council Member Balarin LOCAL LAW F OF 2021 TITLE LOCAL LAW AMENDING PART 2 (COURTS AND LEGAL PROCEDURES) OF CHAPTER 30 (COURTS AND LEGAL PROCEDURES) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EVICTION PROCEEDINGS GENERAL PURPOSE OF LEGISLATION Section 1: The purpose of this proposal is to make evictions in City Court more efficient by requiring the filing of an ROP a requirement of commencing an eviction proceeding. ACC §30-323(A) – Special Rules for Eviction Proceedings, Filing of Residential Occupancy Permit Required – requires that a party seeking to recovery property in the course of an eviction proceeding to file a copy of the active ROP with the City Court along with the petition for eviction. Section 2: To prohibit residential evictions within the City of Albany without good cause. The following additions are made to Chapter 30 of the Albany City Code: §30-324 Short Title: Adds short title which shall be cited as the “Prohibition of Eviction Without Good Cause Law.” §30-325 Definitions: Adds definitions of “housing accommodation,” “landlord,” “tenant,” “rent,” and “disabled person.” §30-326 Applicability: Adds exceptions to the applicability of the law, which, in general, applies to all housing accommodations. §30-327 Necessity for good cause: Prohibits landlords from removing tenants from housing accommodations except for good cause, as defined in §30-328. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. §30-328 Grounds for removal of tenants: Subsection 1 illustrates, in detail, the nine grounds that landlords may establish to meet the “good cause” standard for lawful eviction; landlords are required to satisfy only one of these grounds. Subsection 2 provides tenants with a cause of action (seeking damages, declaratory, and injunctive relief as well as reasonable attorney’s fees) against landlords or purchasers of the housing accommodation who have made fraudulent statements regarding the proposed use of housing accommodation. Subsection 3 reiterates tenants’ protections under the real property actions and proceedings law (“RPAPL”) §751 to permanently stay an eviction, the underlying basis for which is the nonpayment of rent. §30-329 Preservation of existing requirements of law: Provides a tenant with a basis to pursue dismissal of an eviction proceeding where the landlord has failed to comply with all applicable laws governing such a proceeding, including, but not limited to, the laws governing notice to tenants and the provisions under the New York State Housing Stability and Tenant Protection Act (“HSTPA”) of 2019. §30-330 Waiver of rights void: Voids, as contrary to public policy, any agreement wherein a tenant has waived or modified rights afforded under this article. §30-331 Severability: Allows severability of provisions of this article in that if any provision is held to be invalid, said holding shall not affect the validity or effectiveness of any other provision of this article. §30-332 Effective Date: Provides that this article shall take effect immediately and shall apply to actions and proceedings commenced on or after the effective date. NECESSITY FOR LEGISLATION Section 1: Eviction proceedings are usually delayed while it is determined whether an ROP is active for the building in question. This will save significantly on administrative costs by making the filing of an active ROP part of what the landlord files at the outset of the eviction proceedings. This also protects tenants whose rent is subject to a levy by the City for repair costs. Though the Building Department does not do this, it may in the future and if it does it will be important to ensure that tenants subject to a levy are protected. Section 2: The New York State Housing Stability and Tenant Protection Act (“HSTPA”) passed in 2019 provide protections for tenants that have the effect of delaying the initiation of an eviction proceeding. Excluded from the HSTPA is any requirement for the landlords or property owners to provide a justification for said eviction or removal of tenants from housing accommodations in the City of Albany. This legislation seeks to bridge that gap. Good cause eviction law shall prohibit a landlord from removing a tenant from a housing accommodation without an order from a judge who decides whether or not the eviction is for a good cause. The proposed legislation identifies nine grounds which a landlord may cite when pursuing an eviction or removal of a tenant from a housing accommodation; a landlord must only satisfy one of the nine available grounds. Briefly, those nine grounds Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material. contemplate (a) tenant’s failure to pay rent, with consideration to a rental increase, if any; (b) tenant’s violation of an obligation of the tenancy and failure to cure said violation; (c) nuisance in the housing accommodation either caused or permitted by the tenant; (d) tenant’s occupancy of the housing accommodation, which is in violation or causes a violation of law and the landlord is subject to civil or criminal penalties, with considerations; (e) tenant uses or permits the housing accommodation to be used for an illegal purpose; (f) tenant’s unreasonable refusal to allow the landlord access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or for the purpose of showing the housing accommodation, subject to notice requirements under the HSTPA; (g) landlord’s good faith recovery of the housing accommodation in a building with fewer than twelve units, subject to conditions; (h) landlord’s good faith recovery of the housing accommodation in a building with fewer than five units for the landlord’s personal occupancy, such as their principal residence; and (i) landlord’s good faith contract for the sale of the housing accommodation wherein the housing accommodation shall be transferred free and clear of all residential tenancy obligations as a condition of the sale. To satisfy one of these grounds in an eviction proceeding, the landlord is required to first identify the ground or grounds pursuant to which the landlord seeks removal of the tenant, which will likely require statements from the landlord filed with the complaint or petition in court. As such, this legislation provides tenants with a cause of action for damages, including reasonable attorney’s fees, if the landlord has submitted or made fraudulent statements regarding the proposed use of the housing accommodation. This proposed legislation is generally applicable to housing accommodations within the City of Albany. Notably, however, this proposed legislation excludes owner-occupied units with less than four units, i.e. the property owner’s primary residence. Other housing accommodations excluded are sublease arrangements where the sublessor, in good faith, seeks to recover possession for their own personal use and occupancy; and premises where the possession, use, or occupancy which is solely incidental to employment and the employment is lawfully terminated. FISCAL IMPACT None. Matter in brackets and [strikethrough] to be deleted. Matter underlined is new material.